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Articles 1 - 8 of 8
Full-Text Articles in Legal History
Shareholder Litigation: The Accidental Elegance Of Aronson V. Lewis, David A. Skeel Jr.
Shareholder Litigation: The Accidental Elegance Of Aronson V. Lewis, David A. Skeel Jr.
All Faculty Scholarship
Unlike many key corporate law decisions, the 1984 Delaware Supreme Court decision in Aronson v. Lewis was not heralded by stories in the Wall Street Journal and New York Times, nor in any other newspaper of note. Even now, few people other than corporate law experts are likely to recognize the name. Yet Aronson plays a pivotal role in many corporate law decisions that do get a lot more attention. Aronson established the parameters for filing derivative litigation against the directors of a corporation (or a third party, but derivative suits against third parties are now rare). A shareholder …
Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.
Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.
All Faculty Scholarship
Current odious debt doctrine– using the term “doctrine” loosely, since it has never formally been adopted by a court or international decision maker– dates back to a 1927 treatise by a wandering Russian academic named Alexander Sack. Sack suggested that debt obligations are odious and therefore unenforceable if 1) they were incurred without the consent of the populace; 2) they did not benefit the populace; and 3) the lender knew or should have known about the absence of consent and benefit. The tripartite Sack definition, which quickly became the foundation of odious debt analysis, contemplates a debt-by-debt approach to questionable …
Christianity And The Large Scale Corporation, David A. Skeel Jr.
Christianity And The Large Scale Corporation, David A. Skeel Jr.
All Faculty Scholarship
Ask most people what they associate with “Christianity and the corporation” and, at least in the US, they may mention activist nuns calling for shareholder votes on sweatshop labor, nuclear weapons or divestment from South Africa, or perhaps a newspaper story about mutual funds that invest only in “faith friendly” corporations. Each is a contemporary manifestation of relations that run far deeper, and date back well over a thousand years. The early church spawned many of the largest corporate enterprises of the middle ages, and tenaciously promoted the concept of a collective entity distinct from the state. When the modern …
On The Moral Structure Of White-Collar Crime, Mitchell N. Berman
On The Moral Structure Of White-Collar Crime, Mitchell N. Berman
All Faculty Scholarship
No abstract provided.
Who Writes The Rules For Hostile Takeovers, And Why? The Peculiar Divergence Of Us And Uk Takeover Regulation, John Armour, David A. Skeel Jr.
Who Writes The Rules For Hostile Takeovers, And Why? The Peculiar Divergence Of Us And Uk Takeover Regulation, John Armour, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr.
The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii
A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii
All Faculty Scholarship
No abstract provided.
Judicial Activism And Its Critics, Kermit Roosevelt Iii, Richard Garnett
Judicial Activism And Its Critics, Kermit Roosevelt Iii, Richard Garnett
All Faculty Scholarship
No abstract provided.