Law Commons^™

The Dodge Brothers’ Monster: A Legal Analysis Of The Effect Of Fiduciary Duty On Dual Voting Structures, Jer'ron J.L. Dinwiddie Ii

Student Publications

The purpose of this research paper is to determine the legal obligations that a shareholder with majority voting rights would have in a dual-voting structure. The focus on the paper is on breaking down the fiduciary duty analysis for its application to dual-voting structures, which currently stands as the shareholder with majority voting rights have no duty to other shareholders.

The paper details the evolution of the common law and the social responses to the use of these structures. Then, the paper measure the application fiduciary duty would have on a dual-voting structure using WeWork as a case study. On …

2015-2016 Legislative Summary, Assembly Committee On Business And Professions

California Agencies

No abstract provided.

Could Corporations Become A Vehicle For Social Change?, Michele Benedetto Neitz

Publications

The for-profit tide is changing. The rising number of business owners using the corporate form to achieve goals other than profits raises an interesting question: Are we entering a new post-profit era for corporations?

Hobby Lobby And Social Justice: How The Supreme Court Opened The Door For Socially Conscious Investors, Michele Benedetto Neitz

Publications

In Burwell v. Hobby Lobby, the Supreme Court upended the traditional foundations of corporate law. By allowing corporations to exercise legally recognized religious rights, the Court changed the very nature of a corporate entity. Moreover, the Court defied the conventional doctrine providing that the purpose of a corporation is to make profit for its shareholders. The case is being both praised and denounced by observers, but no one has yet fully analyzed how the Court’s reasoning paved the way for social impact investors to use the corporate form as a vehicle to achieve their objectives.

This Article is the …

Trust In Beer, Andy Brunner-Brown

GGU Law Review Blog

No abstract provided.

The Plight Of The Derivative Plaintiff: Justice Carter’S Dissent In Hogan V. Ingold, Michele Benedetto Neitz

Publications

Written over fifty years ago, Justice Carter’s Hogan dissent championed the rights of individuals with corporate investments to sue dishonest corporate officials through derivative lawsuits. His emphasis on justice and fairness for shareholders established Justice Carter as a visionary in the area of corporate ethics. Unfortunately, as the scandals of the modern era have demonstrated, many of Justice Carter’s concerns for shareholders remain justified.

Corporate Takeovers: A Recommendation For A California Policy, Senate Commission On Corporate Governance, Shareholder Rights And Securities Transactions

California Senate

No abstract provided.

Corporate Takeovers: A Recommendation For A California Policy: An Overview Of The Issue, Senate Commission On Corporate Governance, Shareholder Rights And Securities Transactions

California Senate

No abstract provided.

Vangel V. Vangel, Jesse W. Carter

Jesse Carter Opinions

Judgment in favor of the remaining partners in their dissolution action was affirmed where the decision of the trial court in determining the amount of compensation the faulty partner was entitled to was supported by substantial evidence.

Smith V. Bull, Jesse W. Carter

Jesse Carter Opinions

A partner that dissolved a partnership and took its goodwill, only customer, and employees with him to start a new business was liable to a deceased partner for half of the value of the goodwill because it continued to exist after the dissolution.

Reed V. Norman, Jesse W. Carter

Jesse Carter Opinions

The presence of a defunct corporation in a derivative action could have been dispensed with when the circumstances warranted such an exercise of the court's equitable powers.

Automotriz Del Golfo De California S. A. De C. V. V. Resnick [Dissent], Jesse W. Carter

Jesse Carter Opinions

In determining whether the buyers could escape personal liability for debts due to the seller, the trial court was entitled to consider the failure to issue any stock and the buyers' creation and operation of the business with little or no capital.

Financial Indem. Co. V. Superior Court Of Los Angeles County [Dissent], Jesse W. Carter

Jesse Carter Opinions

Where petitioners sought a writ of mandamus to compel the superior court to show cause why respondent should not be restrained from conservatorship, the court lacked jurisdiction to order an injunction on the pleadings.

Pacific Mut. Life Ins. Co. V. Mcconnell [Dissent], Jesse W. Carter

Jesse Carter Opinions

Insolvent insurance company was not entitled to mandamus relief against implementation of mutualization plan requiring the company's liquidation, because State law on voluntary mutualization of solvent insurers also applied to an insolvent insurer.

Providence Baptist Church V. Superior Court Of San Francisco, Jesse W. Carter

Jesse Carter Opinions

Nonprofit church corporation and pastors' petition for prohibition against court was denied because the court was entitled to determine whether the church properly terminated the pastor based on a director of corporation analogy.