Law Commons^™

F19rs Sgb No. 1 (Bylaws Regarding Exec And Senate), Menon

Student Senate Enrolled Legislation

To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities

F19rs Sgb No. 1 (Exec And Senate Bylaws), Menon

Student Senate Enrolled Legislation

A BILL

To amend the LSU Student Government Bylaws regarding executive staff and senatorial responsibilities

F18rs Sgb No. 3 (Rules Of Order), Austin Grashoff, Catherine Mckinney, Tyler Porche, Cameron Burris, Jack Green

Student Senate Enrolled Legislation

No abstract provided.

F18rs Sgb No. 1 (Rules Of Court), Andrew Grashoff

Student Senate Enrolled Legislation

No abstract provided.

Amending Corporate Charters And Bylaws, Albert H. Choi, Geeyoung Min

All Faculty Scholarship

Recently, courts have embraced the contractarian theory that corporate charters and bylaws constitute a “contract” between the shareholders and the corporation and have been more willing to uphold bylaws unilaterally adopted by the directors. This paper examines the contractarian theory by drawing a parallel between amending charters and bylaws, on the one hand, and amending contracts, on the other. In particular, the paper compares the right to unilaterally amend corporate bylaws with the right to unilaterally modify contract terms, and highlights how contract law imposes various limitations on the modifying party’s discretion. More generally, when the relationship of contracting parties …

The Battle Over Corporate Bylaws, Ariel Beverly

Loyola of Los Angeles Law Review

No abstract provided.

From Planning To Passing: The Amherst, Massachusetts Plastic Bag Ban, Kevin J. Hollerbach

Student Showcase

This case study will detail the background and influences for a plastic bag ban in the town of Amherst, outline the steps taken from planning to passage, and address roadblocks and missteps that may be avoided with the implementation of future bans. It is my hope that this document will not only serve as a guide, but also an inspiration for additional local action in Massachusetts and across the country. No matter what the national political climate or attitude towards environmental issues, local action is always possible, and change is usually easier than you think. Think globally, act locally!

A Most Adequate Response To Excessive Shareholder Litigation, Lawrence A. Hamermesh

Hofstra Law Review

Although Delaware statutes as recently amended prohibit charter and bylaw provisions that would shift fees to stockholders in litigation involving the corporation’s internal affairs, those statutes leave open the possibility that charter and bylaw provisions may regulate other aspects of such stockholder litigation, in addition to choice of forum. This article suggests that the enforceability of such provisions should depend on their tendency to deter or eliminate meritless litigation while not unduly deterring meritorious litigation. The article examines a bylaw under which a stockholder claim would be dismissed if a committee chosen by the largest stockholders affirmatively supported such dismissal. …

Disciplining Corporate Boards And Debtholders Through Targeted Proxy Access, Michelle M. Harner

Indiana Law Journal

Corporate directors committed to a failed business strategy or unduly influenced by the company’s debtholders need a dissenting voice—they need shareholder nominees on the board. This Article examines the biases, conflicts, and external factors that impact board decisions, particularly when a company faces financial distress. It challenges the conventional wisdom that debt disciplines management, and it sug-gests that, in certain circumstances, the company would benefit from having the shareholders’ perspective more actively represented on the board. To that end, the Article proposes a bylaw that would give shareholders the ability to nominate direc-tors upon the occurrence of predefined events. Such …

Slides: Restoring The Acequias: Fixing What Wasn't Broken, Will Davidson

Innovations in Managing Western Water: New Approaches for Balancing Environmental, Social and Economic Outcomes (Martz Summer Conference, June 11-12)

Presenter: Will Davidson, Acequia Assistance Project

26 slides

The Future Direction Of Delaware Law (Including A Brief Exegesis On Fee Shifting Bylaws), J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Delaware sets the governance standards for most public companies. The ability to attract corporations could not be explained solely by the existence of a favorable statutory regime. Delaware was not invariably the first or the only state to implement management friendly provisions. Given the interpretive gaps in the statute and the critical importance of the common law in the governance process, courts played an outsized role in setting legal standards. The management friendly nature of the Delaware courts contributed significantly to the state’s attraction to public corporations.

A current example of a management friendly trend in the case law had …

Constitution And Bylaws Of The National Association Of Administrative Law Judges, David J. Agatstein

Journal of the National Association of Administrative Law Judiciary

No abstract provided.

S13rs Sgb No. 1 (Bylaws), Westbrook

Student Senate Enrolled Legislation

No abstract provided.

S13rs Sgb No. 8 (Bylaws), Baumgardner

Student Senate Enrolled Legislation

No abstract provided.

S13rs Sgb No. 9 (Bylaws, Beadle, Faulkner

Student Senate Enrolled Legislation

No abstract provided.

Condominium Associations: Living Under The Due Process Shadow, Brian L. Weakland

Pepperdine Law Review

No abstract provided.

The End Of Shareholder Litigation? Allowing Shareholders To Customize Enforcement Through Arbitration Provisions In Charters And Bylaws, Paul D. Weitzel

Paul D. Weitzel

Shareholder litigation has been heavily criticized for its inability to compensate harmed shareholders or deter managerial misconduct. While some have suggested abolishing shareholder litigation altogether, this article takes a more moderate approach. I propose allowing shareholders to enforce charter and bylaw provisions that require arbitration of certain disputes. For example, an acquisitive company may require arbitration of merger-related suits, while allowing non-merger suits to proceed in court. Likewise, a company in an industry known for volatile stock prices could require a price drop of three or four standard deviations before the suit could be brought in court, rather than arbitration. …

The End Of Shareholder Litigation? Allowing Shareholders To Customize Enforcement Through Arbitration Provisions In Charters And Bylaws, Paul D. Weitzel

Paul D. Weitzel

Shareholder litigation has been heavily criticized for its inability to compensate harmed shareholders or deter managerial misconduct. While some have suggested abolishing shareholder litigation altogether, this article takes a more moderate approach. I propose allowing shareholders to enforce charter and bylaw provisions that require arbitration of certain disputes. For example, an acquisitive company may require arbitration of merger-related suits, while allowing non-merger suits to proceed in court. Likewise, a company in an industry known for volatile stock prices could require a price drop of three or four standard deviations before the suit could be brought in court, rather than arbitration. …

F10rs Sgb No. 3 (Bylaws), Bonvillain, B Jones, D Jones, Lemoine, Wells

Student Senate Enrolled Legislation

No abstract provided.

F10rs Sgb No. 4 (So Events), Elmore, Lockwood, Baudoin

Student Senate Enrolled Legislation

No abstract provided.

F10rs Sgb No. 7 (Cc Bylaws), Landry, Terracciano

Student Senate Enrolled Legislation

No abstract provided.

Exploring Ethical Issues And Examples By Using Sport, Adam Epstein, Bridget Niland

Adam Epstein

The purpose of the paper is to offer suggestions to engage your students when arriving at the ethics portion of your business law, legal environment, or sports law course. With due respect given to the classic theory of ethics, the paper offers ethical issues in the context of sport at all levels, including youth sport, interscholastic, intercollegiate, professional and the Olympic Games. Unique topics include sport-related fraud, the use of performance-enhancing drugs and technology, raging parents, running up the score, and whether the myriad of NCAA bylaws genuinely reflect and promote fundamental principles of amateurism, sportsmanship, and education.

F09rs Sgb No. 7 (Commissioner Impeachment), Prestridge

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 11 (Associate Justice Impeachment), Prestridge

Student Senate Enrolled Legislation

No abstract provided.

F09rs Sgb No. 22 (Senate Orientation), Martin

Student Senate Enrolled Legislation

No abstract provided.

S09rs Sgb No. 1 (Bylaws), Upton, Bourgeois, Jackson, Martin, Palermo

Student Senate Enrolled Legislation

No abstract provided.

Gambling And Collegiate Athletics, Adam Epstein, Bridget Niland

Adam Epstein

The article discusses concerns involving intercollegiate sports gambling. It explores the National Collegiate Athletic Association (NCAA) rules known as Bylaws. The article also outlines and explores a history of notable college sports gambling incidents involving individuals and NCAA schools. The article also reviews relevant federal and state laws.

The Enduring Ambivalence Of Corporate Law, Christopher M. Bruner

Scholarly Works

Prevailing theories of corporate law tend to rely heavily on strong claims regarding the corporate governance primacy and legitimacy of either the board or the shareholders, as the case may be. In this article I challenge the descriptive power of these theories as applied to widely held public corporations and advance an alternative, arguing that corporate law is, and will remain, deeply ambivalent - both doctrinally and morally - with respect to three fundamental and related issues: the locus of ultimate corporate governance authority, the intended beneficiaries of corporate production, and the relationship between corporate law and theachievement of the …

F08rs Sgb No. 18 (Bylaws), Palermo, Gammon, Waller, Clark

Student Senate Enrolled Legislation

No abstract provided.

F08rs Sgb No. 19 (Bylaws), Martin

Student Senate Enrolled Legislation

No abstract provided.