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Articles 1 - 9 of 9

Full-Text Articles in Legal History

The Accidental Elegance Of Aronson V. Lewis, David A. Skeel Jr. Oct 2007

The Accidental Elegance Of Aronson V. Lewis, David A. Skeel Jr.

Faculty Scholarship at Penn Law

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 who ...


Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr. Oct 2007

Odious Debts Or Odious Regimes?, Patrick Bolton, David A. Skeel Jr.

Faculty Scholarship at Penn Law

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 ...


The Harvard And Chicago Schools And The Dominant Firm, Herbert J. Hovenkamp Sep 2007

The Harvard And Chicago Schools And The Dominant Firm, Herbert J. Hovenkamp

Faculty Scholarship at Penn Law

The Chicago School has produced many significant contributions to the antitrust literature of the last half century. Thanks in part to Chicago School efforts today we have an antitrust policy that is more rigorously economic, less concerned with protecting noneconomic values that are impossible to identify and weigh, and more confident that markets will correct themselves without government intervention. This Chicago School revolution came at the expense of the Harvard structural school, which flourished from the 1930s through the 1950s. That school rested on a fairly rigid theory of Cournot oligopoly, exaggerated notions about barriers and impediments to entry, and ...


Christianity And The Large Scale Corporation, David A. Skeel Jr. Jan 2007

Christianity And The Large Scale Corporation, David A. Skeel Jr.

Faculty Scholarship at Penn Law

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 Jan 2007

On The Moral Structure Of White-Collar Crime, Mitchell N. Berman

Faculty Scholarship at Penn Law

No abstract provided.


The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr. Jan 2007

The Consumer Compromise In Revised U.C.C. Article 9: The Shame Of It All, Charles W. Mooney Jr.

Faculty Scholarship at Penn Law

No abstract provided.


Judicial Activism And Its Critics, Kermit Roosevelt Iii, Richard Garnett Jan 2007

Judicial Activism And Its Critics, Kermit Roosevelt Iii, Richard Garnett

Faculty Scholarship at Penn Law

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 Jan 2007

A Retroactivity Retrospective, With Thoughts For The Future: What The Supreme Court Learned From Paul Mishkin, And What It Might, Kermit Roosevelt Iii

Faculty Scholarship at Penn Law

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. Jan 2007

Who Writes The Rules For Hostile Takeovers, And Why? The Peculiar Divergence Of Us And Uk Takeover Regulation, John Armour, David A. Skeel Jr.

Faculty Scholarship at Penn Law

No abstract provided.