Law Commons^™

Shareholder Primacy And The Moral Obligation Of Directors, Mark J. Loewenstein, Jay Geyer

Publications

One of the most written-about and important topics in corporate law is the fiduciary obligations of corporate directors. Increasingly, critics of American capitalism have urged that corporations, and implicitly, corporate directors, act in a more socially responsible fashion and thus eschew the notion that shareholder primacy is the exclusive guide to a director’s fiduciary duty. Under this view, directors must consider the effect of their actions on “stakeholders” other than shareholders and be guided by morality—doing the right thing—when making business judgments.

When directors move away from shareholder primacy, however, decision-making becomes more difficult and problematic. This article analyzes the …

Vol. 3 No. 1, Fall 2011; “If You Could Say It In Words, There’D Be No Reason To Paint”: Recovering Beloved Works Of Art Through Civil Forfeiture, Patricia Ruiz

Northern Illinois Law Review Supplement

This Comment analyzes the benefits of the use of civil forfeiture on pieces of art and cultural property looted by the Nazi party during World War II. This Comment begins by discussing the barriers to repossession that claimants face in seeking traditional civil and criminal remedies. Then, this Comment explains the civil forfeiture process and how it applies to situations of Nazi-looted art. Finally, this Comment argues that civil forfeiture offers the best protection of original owners' rights by discussing the benefits of civil forfeiture proceedings, the due process objections against the use of civil forfeiture on Nazi-looted art, and …

Response To Endicott: The Case Of The Wise Electrician, Gerard V. Bradley

Journal Articles

Timothy Endicott tells the tale of the "wise electrician." The main activities of the Wise Electrician are two. One is that he installs legally required Grade 5 insulation in everyone's home save one. The second is that on his own ceiling light circuits he uses Grade 4 insulation, which cheaper to acquire and, in his professional judgment, it is safe. In fact, the Wise Electrician would install Grade 4 in those houses, too, but for one fact: it would be illegal. What makes our man so interesting is that it is illegal to install Grade 4 in his house too. …

Family Law In The Age Of Distrust, Carl E. Scheider

Articles

I have been invited to examine the relationship between American culture and American family law at the end of the century. No doubt I was foolish to accept the invitation, since the topic can hardly be sketched, much less discussed, within the compass of even a lengthy article. On the other hand, that happy fault forces me to accept the luxury of writing a speculative essay and of eschewing the footnotes that are the misery (and majesty) of the academic lawyer. But even thus set free I am still enchained. Family law is shaped by more cultural forces than I …

The Questions Of Authority, Frederick Schauer

Philip A. Hart Memorial Lecture

In 1992, Professor, Frederick Schauer of Harvard University, delivered the Georgetown Law Center’s twelfth Annual Philip A. Hart Memorial Lecture: "Two Cheers for Authority: Should Officials Obey the Law?."

Frederick Schauer is a David and Mary Harrison Distinguished Professor of Law at the University of Virginia. Previously he served for 18 years as Frank Stanton Professor of the First Amendment at the John F. Kennedy School of Government, Harvard University, where he has served as academic dean and acting dean, and before that was a Professor of Law at the University of Michigan. He is the author of The Law …

Law's Halo, Donald H. Regan

Articles

Like many people these days, I believe there is no general moral obligation to obey the law. I shall explain why there is no such moral obligation - and I shall clarify what I mean when I say there is no moral obligation to obey the law - as we proceed. But also like many people, I am unhappy with a position that would say there was no moral obligation to obey the law and then say no more about the law's moral significance. In our thinking about law in a reasonably just society, we have a strong inclination to …

Kennan And Human Rights, Gordon A. Christenson

Faculty Articles and Other Publications

This essay seeks understanding of his view of normative thinking in foreign policy, whether moral or legal, and the implications from the perspective of human rights in an unfriendly world. It criticizes his conceptual presuppositions to gain clarity, posing paradoxes and dilemmas regarding their normative quality within the present structure of international relations.

Legal And Moral Duty In Game Theory: Common Law Contract And Chinese Analogies, Robert L. Birmingham

Articles by Maurer Faculty

No abstract provided.