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Articles 1 - 6 of 6

Full-Text Articles in Law

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch Apr 2001

Aggregation, Auctions, And Other Developments In The Selection Of Lead Counsel Under The Pslra, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke Jan 2001

Practicing Law Across Geographic And Professional Borders: What Does The Future Hold?, Gary A. Munneke

Pace Law Faculty Publications

A new global business reality is transforming the practice of law. Nowhere is this transformation more apparent than in the areas of multijurisdictional and multidisciplinary practice. These two trends, towards practice across jurisdictional boundaries on the one hand and across professional boundaries on the other, are engaging the attention of lawyers at the American Bar Association, the Canadian Bar Association: the American Corporate Counsel Association, the International Bar Association, as well as numerous other state and local, international, and specialty bar associations. This article describes that new business reality, those trends, and some of the ethical constraints presented by current ...


Legal Skills For A Transforming Profession, Gary A. Munneke Jan 2001

Legal Skills For A Transforming Profession, Gary A. Munneke

Pace Law Faculty Publications

The legal profession is undergoing dramatic changes that will drive a reformation in legal education. Legal educators must anticipate these changes to effectively prepare students for the practice of law in the twenty-first century. In order to be proficient practitioners, these students will require an expanded set of professional skills. Although the current legal skills paradigm was articulated by the American Bar Association MacCrate Task Force in 1991, it is time to reexamine legal skills with an eye toward preparing students to practice law in the new millennium. In Section II, this article examines trends in modern society and the ...


Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch Jan 2001

Taking Action Against Auctions: The Third Circuit Task Force Report, Jill E. Fisch

Faculty Scholarship at Penn Law

No abstract provided.


The Place Of Workers In Corporate Law, Kent Greenfield Jan 2001

The Place Of Workers In Corporate Law, Kent Greenfield

Boston College Law School Faculty Papers

This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is despite the fact that workers provide an essential input to a corporation's productive activities, and that the success of the business enterprise quite often turns on the success of the relationship between the corporation and those who are employed by it. Black letter corporate law requires directors to place the interests of shareholders above the interests of all other "stakeholders," including workers. This article ...


Gradgrind’S Education: Using Dickens And Aristotle To Understand (And Replace?) The Business Judgment Rule, Kent Greenfield, John E. Nilsson Jan 2001

Gradgrind’S Education: Using Dickens And Aristotle To Understand (And Replace?) The Business Judgment Rule, Kent Greenfield, John E. Nilsson

Boston College Law School Faculty Papers

This article uses literature and philosophy to help explain and critique existing corporate law doctrine. Starting from Charles Dickens's Hard Times, the article provides a new explanation for one of the great puzzles of existing corporate law doctrine, the coexistence of the strict duty of management to maximize profits and the "business judgment rule," the practice of courts to review management decisions with great deference. The article argues that the business judgment rule is a necessary corrective to the irrationality of the underlying duty to maximize profits. The article makes this argument by analogizing corporate law to Dickens's ...