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The Power Of Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez
The Power Of Paradox: The Need For Alternative Remedies In Virginia Minority Shareholder Oppression Cases, Stephanie Martinez
Law Student Publications
This comment addresses where Virginia's current scheme falls short and why equitable remedies are needed in Virginia minority shareholder oppression cases. Part I looks at how the MBCA attempted to solve the problem of minority shareholder oppression. Part II explores how other jurisdictions have interpreted or added to the MBCA so as to provide additional remedies in minority shareholder oppression cases. Finally, Part III advocates for adoption of a new dissolution statute in Virginia that includes equitable remedies for such cases.
Corruption, Corporations, And The New Human Right, Andrew B. Spalding
Corruption, Corporations, And The New Human Right, Andrew B. Spalding
Law Faculty Publications
We should no longer expect the Alien Tort Statute to be the principal federal statute that deters overseas corporate rights violations. That distinction rightly belongs to the Foreign Corrupt Practices Act, an antibribery statute that rests on undisputed principles of corporate liability, contains a clear congressional statement of extraterritorial application, and routinely collects penalties from multinational corporate defendants. Scholars have not associated the FCPA with human rights, owing principally to a thin understanding of rights theory. But freedom from corruption can and should be understood as a human right, one that is as old as social contract theory but new …