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Articles 1 - 30 of 4228
Full-Text Articles in Law
Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith
Toward A New Theory Of The Shareholder Role: A Sacred Space In Corporate Transactions, Robert B. Thompson, D. Gordon Smith
Faculty Scholarship
Corporate law expresses a profound ambiguity toward the role of shareholders. Courts announce that shareholders are critical to the theory that legitimates the exercise of power - by directors and officers over vast aggregations of property that they do not own. At the same time shareholders have a very difficult time actually making any corporate decisions. In this Article, we strive to define a new role for shareholders by drawing on economic theories of the firm and the structure of corporate law. More particularly we examine the role of shareholders in hostile corporate takeovers, the area where the interests of …
Brief For Amici Curiae Aarp Et Al., United States Department Of Housing And Urban Development V. Rucker Et Al., Nos. 00-1770 & 00-1781 (U.S. Dec. 20, 2001), Peter B. Edelman
Brief For Amici Curiae Aarp Et Al., United States Department Of Housing And Urban Development V. Rucker Et Al., Nos. 00-1770 & 00-1781 (U.S. Dec. 20, 2001), Peter B. Edelman
U.S. Supreme Court Briefs
No abstract provided.
Employee Ownership After Privatization: Governance Institutions And Firm Performance In Romania, John S. Earle, ÁLmos Telegdy
Employee Ownership After Privatization: Governance Institutions And Firm Performance In Romania, John S. Earle, ÁLmos Telegdy
Reports
This paper studies the governance institutions and performance consequences of privatization through management-employee buyout (MEBO) in Romania. Detailed firm-level survey data are used to analyze ownership rights practices concerning voting, dividend payment, and sales of shares, and to study the continued role of the state through restructuring restrictions in the privatization contracts, difficulties in installment payment, and possible renationalization of shares. Comprehensive privatization and registry data are used to estimate the productivity performance of industrial MEBOs, compared with mass transfers to dispersed individuals, sales to domestic and foreign blockholders, and continued ownership by the state. We find that the ownership …
Our Town: Local Governments Play Larger Role In Environmental Policy, John R. Nolon
Our Town: Local Governments Play Larger Role In Environmental Policy, John R. Nolon
Elisabeth Haub School of Law Faculty Publications
People normally perceive environmental law to be a piecemeal of federal laws mostly concerned with terminating pollution from point sources, such as smoke stacks or water pipes. Land use law on the other hand, is normally a local undertaking, often ignoring national or even regional issues. Today’s new breed of environmental problems, such as sprawl, require that different levels of government work together to create a comprehensively planned land use strategy in order to mitigate long-term environmental degradation. Through the use of financial incentives and other tools, larger bodies of government help encourage local governments to take the necessary steps …
Re Canada Post Corp And Cpaa (Macmillan), Innis Christie
Re Canada Post Corp And Cpaa (Macmillan), Innis Christie
Innis Christie Collection
Employee grievance alleging breach of the Collective Agreement between the parties signed June 29, 1999 and bearing the expiry date December 31, 2001, which the parties agreed applies here, and in particular of Article 6, in that the Grievor was discharged without just reasonable and sufficient cause. On behalf of the Grievor, the Union requested an order that the Grievor be reinstated on sick leave with any long-term disability benefits to which he was entitled effective the day of his discharge but with no pay and no order that he return to work other than in a supervised environment.
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Breaking The Mold Of Citizenship: The "Natural" Person As Citizen In Nineteenth-Century America (A Fragment), Elizabeth B. Clark
Publications
Mary Wollstronecraft once said, probably with a sigh, "I do earnestly wish to see the distinction of sex confounded in society, unless where love animates the behavior." Two centuries later, many groups in American political life are still caught in the same dilemma: hoping that a just society will take account of an essential characteristic -- race and sex spring to mind -- in ways that will benefit the group, while eschewing the potentially harmful characterizations that lie just on the flip side of the coin.
Interview With David L. Cohen, Miranda Solomon, David L. Cohen, Legal Oral History Project, University Of Pennsylvania Carey Law School
Interview With David L. Cohen, Miranda Solomon, David L. Cohen, Legal Oral History Project, University Of Pennsylvania Carey Law School
Legal Oral History Project
For a transcript of this interview, click on the Download button above.
David L. Cohen (L '81) is the senior executive vice president of Comcast Corporation and chair of the University of Pennsylvania board of trustees. From 1992 to 1997 he served as chief of staff to Philadelphia Mayor Ed Rendell, and from 1997 to 2002 he was chair of Ballard Spahr.
Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard
Brief In Opposition, Nevada Department Of Human Resources V. Hibbs, No. 01-1368 (U.S. 2001), Cornelia T. Pillard
U.S. Supreme Court Briefs
No abstract provided.
Vol. 21, No. 16 (December 10, 2001)
Department Of Justice Oversight: Preserving Our Freedoms While Defending Against Terrorism: Hearing Before The S. Comm. On The Judiciary, 107th Cong., Dec. 6, 2001 (Statement Of Neal Kumar Katyal, Prof. Of Law, Geo. U. L. Center), Neal K. Katyal
Testimony Before Congress
No abstract provided.
Re Pepsi Bottling Group And Caw-Canada, Loc 1015 (Williams), Innis Christie
Re Pepsi Bottling Group And Caw-Canada, Loc 1015 (Williams), Innis Christie
Innis Christie Collection
Employee grievance dated September 27, 2000, alleging breach of Article 16 and all other relevant Articles of the Collective Agreement between the Employer and the predecessor Union, the United Steelworkers of America, Local 1015, signed April 23, 1999, which the parties agreed is the Collective Agreement for purposes of this matter, in that the Grievor's claim for short-term disability payments was disallowed by Maritime Life Assurance Company, the administrator/insurer of the Employer's "Flex" (or "Flexible") Benefits Plan.
Vol. 52, No. 6, December 4, 2001, University Of Michigan Law School
Vol. 52, No. 6, December 4, 2001, University Of Michigan Law School
Res Gestae
•Yearbooks through the Years •A Comment on Career Services •Letter to the Editor •Keeping Up With Generation PlayStation •The Insider •Form and Substance in Law Journal Publication (Part II)* •Two Movies to See •This Year's 10 Best Albums •Behind the Shadows •Crossword
Direct Broadcast Satellite Service And Competition In The Multichannel Video Distribution Market: Hearing Before The H. Comm. On The Judiciary, 107th Cong., Dec. 4, 2001 (Statement Of Robert Pitofsky, Prof. Of Law, Geo. U. L. Center), Robert Pitofsky
Testimony Before Congress
No abstract provided.
The Weekly December 3, 2001, North Carolina Central School Of Law
The Weekly December 3, 2001, North Carolina Central School Of Law
NCCU Law School Weekly
No abstract provided.
Vol. 21, No. 15 (December 3, 2001)
Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons
Tools For Inclusion: From Stress To Success: Making Social Security Work For Your Young Adult, Danielle Dreilinger, Jaimie Ciulla Timmons
Tools for Inclusion Series, Institute for Community Inclusion
How does receiving Social Security affect families as their children move into adulthood? This brief shares families' experiences and suggests ways that families can manage SSI and use it to help a young adult prepare for their career.
Web Resources For Tax Professionals: 2001, Dennis Schmidt, Will Yancey
Web Resources For Tax Professionals: 2001, Dennis Schmidt, Will Yancey
William & Mary Annual Tax Conference
No abstract provided.
The Effect Of Volatility On Wealth Transfer Strategies In Light Of The 2001 Tax Act, David J. Wolfert
The Effect Of Volatility On Wealth Transfer Strategies In Light Of The 2001 Tax Act, David J. Wolfert
William & Mary Annual Tax Conference
No abstract provided.
Employee Benefits For The Closely Held Business, Lisa C. Germano
Employee Benefits For The Closely Held Business, Lisa C. Germano
William & Mary Annual Tax Conference
No abstract provided.
Hot Topics: Practical Estate Planning And Drafting After The Tax Act Of 2001, John B. O'Grady
Hot Topics: Practical Estate Planning And Drafting After The Tax Act Of 2001, John B. O'Grady
William & Mary Annual Tax Conference
No abstract provided.
Ethical Tax Problems In Tax Practice, L. Paige Marvel, Paula M. Junghans
Ethical Tax Problems In Tax Practice, L. Paige Marvel, Paula M. Junghans
William & Mary Annual Tax Conference
No abstract provided.
A Dozen Things Not To Assume In Gift Planning, W. Birch Douglass Iii
A Dozen Things Not To Assume In Gift Planning, W. Birch Douglass Iii
William & Mary Annual Tax Conference
No abstract provided.
Recent Developments In Federal Income Taxation, Ira B. Shepard
Recent Developments In Federal Income Taxation, Ira B. Shepard
William & Mary Annual Tax Conference
No abstract provided.
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
The Courtroom Technology Wars Are Here!, Fredric I. Lederer
Popular Media
No abstract provided.
Foreign Direct Investment In Colombia, Juliana Gomez
Foreign Direct Investment In Colombia, Juliana Gomez
LLM Theses and Essays
After decisions 220/88 and 291/91 of the Andean Pact, Colombia enacted law 9 of 1991. Law 9/91 empowered the National Economic and Social Policy Council (COMPES), a private government consulting agency, to promulgate rules on foreign investment. In the same year, the COMPES promulgated resolution 51 which is the base of the foreign investment regulation in Colombia. The purpose of this study is to analyze the legal aspects of foreign investment of Colombia and compare them with the international standards in order to determine whether the Colombian regulation acts in accordance to those standards or even exceeds them. The standards …
Modernization Of European Community Competition Law, Alejandro Leon-Vargas
Modernization Of European Community Competition Law, Alejandro Leon-Vargas
LLM Theses and Essays
The modernization of EC Competition Law is discussed as a necessity on the European Union. Its counterpart, the U.S. Antitrust Law system followed a different evolution. The legislation, institutions and procedures remark the differences among these advanced systems of market control. The role of the EC Commission, national authorities and national courts of Member States will determine the elements to change. Its American counterpart, the Antitrust Division, the Federal Trade Commission, and the federal courts, developed the most effective and dynamic pathways for antitrust enforcing. The analysis of both frameworks must consider several factors, other that legal factors. The relevance …
Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia
Transfer Pricing: A Comparative Study Of The French And U.S. Legal Systems, Valerie Ciancia
LLM Theses and Essays
For several decades, the number of multinational corporations has significantly increased and this phenomenon has created a new problem: the issue of transfer pricing. Indeed, national states have observed that multinationals could simply manipulate cross- border transfer pricing policies in order to shift profits from one jurisdiction to another. France, along with the United States, was one of the very first countries to introduce transfer-pricing legislations. Although the aims of the French and U.S. transfer pricing systems are similar, the means used to apply such rules are different and often raise difficulties to get rid of double taxations. Nevertheless, many …
Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman
Corporate Distributions To Shareholders In Delaware And In Israel, Anat Urman
LLM Theses and Essays
This thesis considers the corporate legal systems of Israel and Delaware as they address the subject of corporate distributions to shareholders. The thesis reviews the significance of cash dividends and the acquisition by corporations of their own stock, in the management and survival of corporations, the effect they have on the disposition of creditors, and the extent to which they are restricted by operation of law. The thesis demonstrates how dividends and share repurchases may translate into a transfer of value from creditors to shareholders. It considers the effectiveness of the legal capital in securing creditors’ interest, and concludes that …
Once More Into The Bramble Bush: Duty, Causal Contribution, And The Extent Of Legal Responsibility, In Symposium, The John W. Wade Conference On The Third Restatement Of Torts, Richard W. Wright
All Faculty Scholarship
Courts, lawyers, law students, and academics continue to confuse the empirical issue of causal contribution with the distinct normative issues of tortious conduct and legal injury, which precede and frame the causal-contribution inquiry, and the normative issue of the extent of legal responsibility for tortiously caused consequences, which follows the causal-contribution inquiry. In a number of prior articles, I have tried to distinguish and clarify these various issues, which arise not only in tort law, but also in much the same form in criminal law and many other areas of the law. I have focused primarily on distinguishing and clarifying …
Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans
Inside The Black Box: Comment On Diamond And Vidmar, Valerie P. Hans
Cornell Law Faculty Publications
It is an honor to be invited to comment on the first publication of the Arizona Jury Project, a study of Arizona juries that includes videotaping and analysis of jury room discussions and deliberations. It is a remarkable and unique project, made possible by an unusual confluence of people, places, and events. In an insightful opinion some years ago, United States Supreme Court Justice Louis Brandeis observed that "[i]t is one of the happy incidents of the federal system that a single courageous State may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments …