Business Organizations Law Commons^™

Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Antitrust’S State Action Doctrine And The Ordinary Powers Of Corporations, Herbert J. Hovenkamp

All Faculty Scholarship

The Supreme Court has now agreed to review the Eleventh Circuit's decision in Phoebe-Putney, which held that a state statute permitting a hospital authority to acquire hospitals implicitly authorized such acquisitions when they were anticompetitive – in this particular case very likely facilitating a merger to monopoly. Under antitrust law’s “state action” doctrine a state may in fact authorize such an acquisition, provided that it “clearly articulates” its desire to approve an action that would otherwise constitute an antitrust violation and also “actively supervises” any private conduct that might fall under the state’s regulatory scheme.

“Authorization” in the context of …

Federalism And Preemption In October Term 1999, Jonathan D. Varat

Pepperdine Law Review

No abstract provided.

Is The Anti-Muhammad Film Constitutionally Unprotected 'Fighting Words'?, Kent Greenfield

Kent Greenfield

No abstract provided.

A New Strategy To Fight Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

A Tort Statute, With Aliens And Pirates, Eugene Kontorovich

NULR Online

No abstract provided.

Moderator, Corporation Speech After Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García

Bruno L. Costantini García

La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)

Panelist, Control The Corporation Conference, Kent Greenfield

Kent Greenfield

Website for the conference videos: http://csrl.org/2012/04/14/control-the-corporation-conference-videos/

Obama’S Odds Of Winning The Health Care Ruling: 37%, Kent Greenfield

Kent Greenfield

No abstract provided.

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.

Is The Sexual Promiscuity Of Straight Men A Reason To Oppose Gay Marriage?, Kent Greenfield

Kent Greenfield

No abstract provided.

Moderator, Panel On Defense Of Marriage Act, Kent Greenfield

Kent Greenfield

No abstract provided.

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.

Why Progressives Should Oppose A Constitutional Amendment To End Corporate "Personhood", Kent Greenfield

Kent Greenfield

No abstract provided.

How To Make The 'Citizens United' Decision Worse, Kent Greenfield

Kent Greenfield

No abstract provided.

Unconscionability And Consent In Corporate Law (A Comment On Cunningham), Kent Greenfield

Kent Greenfield

Lawrence Cunningham has written an insightful and persuasive article calling on courts to apply the contract-law doctrine of unconscionability in evaluating executive compensation. According to Cunningham, this additional doctrinal tool will allow courts to engage in genuine and meaningful oversight of excessive compensation. He argues that such oversight is valuable because existing corporate-law doctrine too often prompts courts to defer too much and too often to management’s decisions. Cunningham’s argument is modest yet impactful. It is modest in that it simply proposes that courts take account of a well-established area of contract law to analyze and evaluate the compensation contracts …

Prece-Don't: Corporations And The Rise Of The Modern Judicial Dictatorship, Justin Levitt

Florida A & M University Law Review

In 2010, the Supreme Court decision, Citizens United v. Federal Election Commission, declared unconstitutional any law forbidding corporations and unions from using general treasury funds for "electioneering communication," or political advocacy transmitted by broadcast, cable, or satellite communication in the period leading up to a federal election.

This note will examine the implications of the Citizens United decision and will argue that the future of First Amendment protection of corporate speech does not turn on any notion of corporate personhood. It will explore exactly how the Court has applied the equal protection clause of the Fourteenth Amendment to corporations. It …

Citizens United, Corporate Personhood And Corporate Power: The Tension Between Constitutional Law And Corporate Law, Susanna Ripken

Susanna K. Ripken

No abstract provided.

American Legal History Survey: Syllabus, Anders Walker

All Faculty Scholarship

This syllabus provides an overview of American Legal History, focusing on the manner in which law has been used to organize American society. Several themes will be traced through the semester, including law’s role in encouraging innovation and regulating social relations, in part through the elaboration of legal disciplines like property, tort, contract, criminal law, tax, business associations, administrative law, environmental law, securities regulation, commercial law, immigration, and health law. Emphasis will also be placed on the origins and evolution of constitutional law, from the founding to the present.

Presentations On The Myth Of Choice, Kent Greenfield

Kent Greenfield

Kent Greenfield has delivered over 30 public lectures and presentations to a wide variety of audiences in support of his book, The Myth of Choice, including presentations at the Center for the Study of Law & Society at UC Berkeley, the Wharton School of Business at the University of Pennsylvania, and the Southern Festival of Books in Nashville, TN.

The Supreme Court As Prometheus: Breathing Life Into The Corporate Supercitizen, Robert Sprague, Mary Ellen Wells

Robert Sprague

This article examines the legal status of the corporation in light of the U.S. Supreme Court’s decision in Citizens United v. Federal Election Commission that corporations have political free speech rights equivalent to natural persons. In Citizens United, Justice Kennedy wrote that corporations were disadvantaged persons because the government had intruded upon their freedom of speech. The Citizens United majority portrays a misleading image of corporations. It is true most corporations are owned by small groups of individuals, managed by their owners, and limited in size and revenues. But what the Citizens United majority conveniently ignores is one particular attribute …