Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Business Organizations Law (409)
- Law and Economics (98)
- Securities Law (80)
- Contracts (75)
- Banking and Finance Law (66)
-
- Law and Society (64)
- Commercial Law (61)
- Constitutional Law (43)
- International Law (43)
- Legal History (40)
- Law and Politics (39)
- Business (36)
- Tax Law (33)
- International Trade Law (30)
- Comparative and Foreign Law (29)
- Social and Behavioral Sciences (28)
- Agency (27)
- Antitrust and Trade Regulation (26)
- Legal Ethics and Professional Responsibility (26)
- Civil Law (25)
- Legal Writing and Research (25)
- Labor and Employment Law (24)
- Bankruptcy Law (23)
- Organizations Law (22)
- Business Law, Public Responsibility, and Ethics (21)
- Consumer Protection Law (21)
- Economics (21)
- Family Law (21)
- Litigation (21)
- Institution
-
- Selected Works (98)
- SelectedWorks (62)
- Seattle University School of Law (18)
- New York Law School (14)
- University of Pennsylvania Carey Law School (13)
-
- Maurer School of Law: Indiana University (12)
- UC Law SF (12)
- Vanderbilt University Law School (11)
- Washington and Lee University School of Law (11)
- Boston University School of Law (9)
- Columbia Law School (8)
- William & Mary Law School (8)
- Fordham Law School (7)
- Saint Louis University School of Law (7)
- The Peter A. Allard School of Law (7)
- UIC School of Law (6)
- University of Maryland Francis King Carey School of Law (6)
- Western New England University School of Law (6)
- Brigham Young University Law School (5)
- Brooklyn Law School (5)
- Duke Law (5)
- University of Georgia School of Law (5)
- University of Michigan Law School (5)
- University of Colorado Law School (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- Cornell University Law School (3)
- Georgetown University Law Center (3)
- Osgoode Hall Law School of York University (3)
- Penn State Law (3)
- St. John's University School of Law (3)
- Keyword
-
- Corporations (52)
- Corporate governance (40)
- Corporate Law (35)
- Corporate law (17)
- Investment (17)
-
- Coase (16)
- Public Corporations (16)
- Theory of the Firm (16)
- Popular Press (13)
- Selected Professional Activities (12)
- Liability (11)
- Corporate Governance (10)
- Shareholders (10)
- Good faith (9)
- Corporate social responsibility (8)
- Economics (8)
- Fiduciary duty (8)
- Delaware (7)
- Executive compensation (7)
- International business enterprises (7)
- Politics (7)
- Corporate responsibility (6)
- Corporation (6)
- Law and Society (6)
- Partnerships (6)
- SEC (6)
- Transnational Corporations (6)
- Antitrust (5)
- Corporation law (5)
- Delaware Supreme Court (5)
- Publication
-
- Faculty Scholarship (40)
- Kent Greenfield (36)
- All Faculty Scholarship (21)
- Seattle University Law Review (16)
- NYLS Law Review (13)
-
- UC Law Business Journal (12)
- Faculty Publications (9)
- Renee Jones (9)
- Scholarly Articles (9)
- Indiana Journal of Global Legal Studies (8)
- Vanderbilt Law Review (8)
- All Faculty Publications (7)
- Martin Paolantonio (6)
- Mubashshir Sarshar (6)
- Scholarly Works (6)
- UIC Law Review (6)
- Fordham Journal of Corporate & Financial Law (5)
- Journal Articles (5)
- Nikola S Georgiev (5)
- Pablo A Legón (5)
- Scott T. FitzGibbon (5)
- Articles (4)
- Articles by Maurer Faculty (4)
- Bruno Ferreira (4)
- Bruno L. Costantini García (4)
- Nevada Supreme Court Summaries (4)
- Publications (4)
- William & Mary Annual Tax Conference (4)
- BYU Law Review (3)
- Cornell Law Faculty Publications (3)
- Publication Type
Articles 1 - 30 of 410
Full-Text Articles in Business Organizations Law
Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan
Financial Assistance - The Case For Re-Examining Section 76 Of The Companies Act, Wai Yee Wan
Wai Yee WAN
Section 76 of the Companies Act prohibits the giving by a company of financial assistance for the purpose of or in connection with the acquisition of its own shares. This penal provision is highly controversial in view of its breadth and uncertainty in its application. In the recent criminal prosecution of PP v Lew Syn Pau and in the recent civil litigation of Wu Yang Construction Group v Zhejiang Jinyi Group Co, Ltd, the Singapore High Court had to determine the scope of the prohibition under s 76 of the Companies Act. This case comment examines the two Singapore decisions …
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Sour Chocolate: The U.K. Takeover Panel's Improper Reaction To Kraft's Acquisition Of Cadbury, Michael R. Patrone
Brigham Young University International Law & Management Review
No abstract provided.
Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel
Geothermal Resources Under The Mining Law Regime--Problems & Possibilities, Richard A. Grisel
Richard A Grisel
The development of geothermal resources has been greatly hampered by the legal and institutional framework governing geothermal energy resources. This framework has been plagued by conflicting mining and water laws, anachronistic common law systems of property rights, problematic legal classifications of geothermal resources, and jurisdictional variances from state to state and between states and the Federal government. These issues have combined to significantly hinder the development of what will be a vital resource for our nation’s future energy needs.
This thesis concerns one way to address the suboptimal development of geothermal energy resources. Using the Federal acquisition of exclusive airspace …
Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.
Historia, Maendeleo Na Mabadiliko Ya Katiba Tanzania Tangu Uhuru Hadi Miaka Hamsini Ya Uhuru 9 Desemba 2011., Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
Jamhuri ya Muungano wa Tanzania ni nchi iliyotokana na nchi mbili za Tanganyika na Zanzibari mwaka 1964, tangu uhuru wa Tanganyika 1961 na uhuru wa Zanzibari 1963 pamekuwapo na maendeleo ya kikatiba kwa upande wa Muungano na kwa Zanzibari ambayo hatuna budi kuyatazama kwa mapana yake hasa juu ya ushirikishwaji wa watu katika kuzipata katiba hizi.
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Corporate Integration, Tax Treaties, And The Division Of The International Tax Base: Principles And Practices., Hugh J. Ault
Hugh J. Ault
In this Article, Professor Ault begins with an examination of the evolution of treaty principles for the allocation of and restrictions on international taxing jurisdiction. He then focuses on how economically based principles dealing with the taxation of international income affect treaty policy and presents the basic structural provisions involving the taxation of foreign income and foreign investors that emerge from domestically enacted or proposed integration systems. The technical aspects of the actual treaty practices that have been implemented with respect to integration systems are then related to the theoretical discussion. Professor Ault concludes with an examination of the implications …
Mitigating Financial Risk For Small Business Entrepreneurs, Michelle M. Harner
Mitigating Financial Risk For Small Business Entrepreneurs, Michelle M. Harner
Michelle M. Harner
Financial distress by definition threatens a company’s viability. Entrepreneurial and start-up entities are particularly vulnerable to this threat. Yet, much of the discussion following the recent recession focuses almost exclusively on financial institutions and “too-big-to-fail” entities. This essay re-examines lessons gleaned from the recession in the context of smaller, entrepreneurial entities. Specifically, it analyzes how small business entrepreneurs might invoke principles of enterprise risk management to mitigate the long-term impact of financial distress on their business models. It also considers related refinements to extant small business regulations, including the U.S. bankruptcy laws. The essay’s primary objective is to help policymakers, …
Mergers, Market Dominance And The Lundbeck Case, Herbert J. Hovenkamp
Mergers, Market Dominance And The Lundbeck Case, Herbert J. Hovenkamp
All Faculty Scholarship
In Lundbeck the Eighth Circuit affirmed a district court’s judgment that a merger involving the only two drugs approved for treating a serious heart condition in infants was lawful. Although the drugs treated the same condition they were not bioequivalents. The Eighth Circuit approved the district court’s conclusion that they had not been shown to be in the same relevant market.
Most mergers that are subject to challenge under the antitrust laws occur in markets that exhibit some degree of product differentiation. The Lundbeck case illustrates some of the problems that can arise when courts apply ideas derived from models …
Liberalization Of The Legal Services In Greece, Platon Gatsinos
Liberalization Of The Legal Services In Greece, Platon Gatsinos
Platon Gatsinos
No abstract provided.
The Diminishing Returns Of Incentive Pay In Executive Compensation Contracts, Gregg D. Polsky, Andrew Lund
The Diminishing Returns Of Incentive Pay In Executive Compensation Contracts, Gregg D. Polsky, Andrew Lund
Scholarly Works
For the past 30 years, the conventional wisdom has been that executive compensation packages should include very large proportions of incentive pay. This incentive pay orthodoxy has become so firmly entrenched that the current debates about executive compensation simply take it as a given. We argue, however, that in light of evolving corporate governance mechanisms, the marginal net benefit of incentive-laden pay packages is both smaller than appreciated and getting smaller over time. As a result, the assumption that higher proportions of incentive pay are beneficial is no longer warranted.
A number of corporate governance mechanisms have evolved to duplicate …
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
Adverse Publicity By Administrative Agencies In The Internet Era, Nathan Cortez
BYU Law Review
Nearly forty years ago, Ernest Gellhorn documented the potentially devastating impact that can occur when federal agencies issue adverse publicity about private parties. Based on his article, the Administrative Conference of the United States recommended that courts, Congress, and agencies hold agencies to clear standards for issuing such publicity. In the decades since, some agencies have adopted standards, but most have not, and neither the courts nor Congress has intervened to impose standards. Today, agencies continue to use countless forms of publicity to pressure alleged regulatory violators and to amplify their overall enforcement powers—all without affording due process or other …
Business Associations, Paul A. Quirós, Lynn S. Scott, Jane E. Ledlie
Business Associations, Paul A. Quirós, Lynn S. Scott, Jane E. Ledlie
Mercer Law Review
This Article surveys noteworthy cases in the area of corporate, limited liability company, partnership, agency, and joint venture law decided between June 1, 2010 and May 31, 2011, by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States District Courts located in Georgia. In addition, this Article provides an overview of important enactments during the 2011 session of the Georgia General Assembly to the Official Code of Georgia Annotated (O.C.G.A.) with respect to banking, finance, contracts, corporation, partnership, and business associations statutes
Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.
Cloud Computing Providers And Data Security Law: Building Trust With United States Companies, Jared A. Harshbarger Esq.
Jared A. Harshbarger
Cloud computing and software-as-a-service (SaaS) models are revolutionizing the information technology industry. As these services become more prevalent, data security and privacy concerns will also rise among consumers and the companies who consider using them. Cloud computing providers must establish a sufficient level of trust with their potential customers in order to ease initial fears - and ensure certain compliance obligations will be met - at least to the extent that any such inquiring customer will feel comfortable enough to ultimately take the irreversible step of releasing their sensitive data and personal information into the cloud.
The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown
The Gratuities Debate And Campaign Reform – How Strong Is The Link?, George D. Brown
George D. Brown
The federal gratuities statute, 18 USC § 201(c), continues to be a source of confusion and contention. The confusion stems largely from problems of draftsmanship within the statute, as well as uncertainty concerning the relationship of the gratuities offense to bribery. Both offenses are contained in the same statute; the former is often seen as a lesser-included offense variety of the latter. The controversy stems from broader concerns about whether the receipt of gratuities by public officials, even from those they regulate, should be a crime. The argument that such conduct should not be criminalized can be traced to, and …
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.
Electronic Contracts In Tanzania: An Appraisal Of The Legal Framework, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal basis for electronic contracts in Tanzania. The major problems that were being examined are; the ascertainment of e-contract terms and the other party in the contract with the focus to consent i.e. consensus ad idem requirements and capacity to contract. With the first problem, e-commerce involves e-contracts and the business community in Tanzania enters into contractual arrangements with external world via websites or email in which case the electronic environment is not suitable in Tanzania in terms of the laws and the technology. Messages sent via internet may be garbled …
Separability/ Competance Competance, Nikola S. Georgiev
Separability/ Competance Competance, Nikola S. Georgiev
Nikola S Georgiev
Separability/ Competance Competance
Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee
Wage Taxes And Compensating S Corporation Officers And Members Of Llcs And Llps, John W. Lee
William & Mary Annual Tax Conference
No abstract provided.
Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener
Compensating Employees And Employee Owners, And Avoiding Problems With Payroll Tax And Executive Compensation Audits, Mary B. Hevener
William & Mary Annual Tax Conference
No abstract provided.
Real Estate Partnership And Llc Divorces, Cameron N. Cosby, Brian J. O'Connor
Real Estate Partnership And Llc Divorces, Cameron N. Cosby, Brian J. O'Connor
William & Mary Annual Tax Conference
No abstract provided.
A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar
A Comparison Of Partnership And S Corporation Exit Transactions, Mark J. Silverman, Aaron P. Nocjar
William & Mary Annual Tax Conference
No abstract provided.
Summary Of Canarelli V. Dist. Ct., 127 Nev. Adv. Op. 72, Cameron Daw
Summary Of Canarelli V. Dist. Ct., 127 Nev. Adv. Op. 72, Cameron Daw
Nevada Supreme Court Summaries
A petition for a writ of certiorari or mandamus challenging the district court’s order to force Petitioner to serve as trustee for a dissolved corporation in a construction defect action.
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
David A. Wirth
To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues. …
The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth
The Role Of Science In The Uruguay Round And Nafta Trade Disciplines, David A. Wirth
David A. Wirth
The central theme of this article is the necessity for deference to decision-making processes of national regulatory authorities in the application of these new trade disciplines and the need for trade-based reviews of national regulatory measures to operate within clearly defined limits. Accordingly, this article first examines and summarizes the relevant texts, including the original 1947 GATT, the Uruguay Round, and the NAFTA texts on standards. Next, the article considers the role of science in the standard-setting process with reference to the copious literature on this topic. Finally, the article takes up the difficult question of the application of the …
Corporate Governance And Accountability, Renee M. Jones
Corporate Governance And Accountability, Renee M. Jones
Renee Jones
This book chapter on Corporate Governance and Accountability is a contribution to the book CORPORATE GOVERNANCE - SYNTHESIS OF THEORY, RESEARCH, AND PRACTICE (Wiley, forthcoming 2010), edited by Ronald Anderson and H. Kent Baker. This chapter describes the sources of corporate governance standards for American corporations and analyzes the accountability mechanisms designed to ensure that corporate officials act faithfully in their management of corporate affairs. The chapter focuses on the financial reporting system under the U.S. securities laws which forms the foundation of the accountability system, and discusses structures and rules designed to ensure the integrity of financial reporting. The …
Legitimacy And Corporate Law: The Case For Regulatory Redundancy, Renee M. Jones
Legitimacy And Corporate Law: The Case For Regulatory Redundancy, Renee M. Jones
Renee Jones
This article provides a democratic assessment of the corporate law making structure in the United States. It draws upon the basic democratic principle that those affected by legal rules should have a voice in determining the substance of those rules. Although other commentators have noted certain undemocratic aspects of corporate law, this Article is the first to present a comprehensive assessment of the corporate regulatory structure from the perspective of democracy. It departs from prior accounts by looking past the states' role to consider the ways that federal regulation shores up the legitimacy of the overarching structure. This focus on …
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
The Role Of Good Faith In Delaware: How Open-Ended Standards Help Delaware Preserve Its Edge, Renee M. Jones
Renee Jones
This Article traces the development of the good faith doctrine in Delaware and links shifts in the doctrine to events occurring in the national economy and in Washington. It shows that in 2003 Delaware judges seemed open to the possibility of imposing liability on directors in a case (Disney) where facts suggested that the directors were overly passive in approving the terms of an employment contract for a senior corporate executive. After the 2001-2002 corporate governance scandals faded, however, the courts abandoned this course. A trio of decisions in Disney, Stone v. Ritter, and Lyondell reiterated what had long been …
Dynamic Federalism: Competition, Cooperation And Securities Enforcement, Renee M. Jones
Dynamic Federalism: Competition, Cooperation And Securities Enforcement, Renee M. Jones
Renee Jones
The concept of competition between the federal government and the states was central to the framers’ vision of our constitutional structure. In the framers’ view, federal-state regulatory competition ensured an alternative regime to citizens dissatisfied with the dominant regulator’s performance. Recently, the dynamics of federalism have shifted power in the securities enforcement field from the SEC to certain state securities regulators. The states, rather than the SEC, have led enforcement efforts in the Wall Street analyst conflicts and the mutual fund trading investigations. This shift in authority has prompted renewed debate over whether a uniform national system of securities regulation …
English Arbitration Act 1996, Nikola S. Georgiev
English Arbitration Act 1996, Nikola S. Georgiev
Nikola S Georgiev
English Arbitration Act 1996
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Consensual Amorous Relationships Between Faculty And Students: The Constitutional Right To Privacy, Elisabeth A. Keller
Elisabeth Keller
Surveys of college students in the United States revealed that a significant number of students thought they had been victims of some form of sexual harassment. Growing awareness of the magnitude, dimensions, and effects of sexual harassment at educational institutions and the potential for institutional liability have prompted educators to adopt policies to avert such problems. The policies typically prohibit sexual harassment of employees and students and alert the university community to the serious effects of sexual harassment and the potential for student exploitation. Some universities have gone beyond establishing regulations directed at widely litigated problems of sexual harassment and …
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Migrating Lawyers And The Ethics Of Conflict Checking, Paul R. Tremblay
Paul R. Tremblay
Lawyers often leave a practice setting and move to a new practice as their career paths advance or change. The incidence of lawyer migration has increased dramatically in the past decade, as law firms recruit more lateral hires and offer fewer partnership opportunities to their associates. As a lawyer prepares to change employment settings, her prospective new law firm asks her about the clients she has represented in the past. The new law firm must insist on this information, for without it the firm could not screen for possible conflicts of interest. Were the firm to hire a lawyer without …