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Articles 271 - 300 of 302
Full-Text Articles in Finance
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Can Internet Offerings Bridge The Small Business Capital Barrier?, Jill E. Fisch
Can Internet Offerings Bridge The Small Business Capital Barrier?, Jill E. Fisch
All Faculty Scholarship
Internet technology offers the potential to reduce the search and information costs associated with capital formation. Commentators have suggested that the Web will enable small business to achieve better access to the capital markets. To facilitate this access, they have suggested regulatory reforms to make internet offerings cheaper and easier. At the same time, small business offerings have been identified as among the most risky, offering a caution to those who counsel regulatory reform. This article examines the existing regulatory climate. State and federal regulators have adopted a number of recent reforms to facilitate the use of the internet and …
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
Measuring The Social Costs And Benefits And Identifying The Victims Of Subordinating Security Interests In Bankruptcy, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
A Reliance Damages Approach To Corporate Lockups, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
America's Shifting Fascination With Comparative Corporate Governance, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
Choosing The Law Governing Perfection: The Data And Politics Of Article 9 Filing, Steven L. Harris, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Regulatory Competition, Regulatory Capture, And Corporate Self-Regulation, William W. Bratton, Joseph A. Mccahery Prof
Regulatory Competition, Regulatory Capture, And Corporate Self-Regulation, William W. Bratton, Joseph A. Mccahery Prof
All Faculty Scholarship
No abstract provided.
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Understanding Kaye Scholer: The Autonomous Citizen, The Managed Subject And The Role Of The Lawyer, Nancy Amoury Combs
Faculty Publications
The Office of Thrift Supervision's (OTS) unprecedented enforcement action against Kaye, Scholer, Fierman, Hays and Handler (Kaye Scholer) prompted howls of protest from the legal community. OTS, it was claimed, was using its excessive power to redefine the role of the lawyer. This Comment confirms that OTS sought to impose duties on Kaye Scholer that conflict with professional ethics rules. The Comment then goes on to suggest that the conflict over professional responsibility in the Kaye Scholer case reflects, more fundamentally, a conflict over the role of the citizen, and the citizen's relationship with the state. Our adversarial system of …
Controlling The Dark Side Of Relational Investing, Edward B. Rock
Controlling The Dark Side Of Relational Investing, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter
Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter
All Faculty Scholarship
No abstract provided.
From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch
From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch
All Faculty Scholarship
On October 16, 1992, after a comprehensive review of its system of proxy regulation and after two separate amendment proposals that drew more than 1700 letters of comment from the public, the Securities and Exchange Commission (the "Commission" or the "SEC") voted to reform the federal proxy rules. The reforms were "intended to facilitate shareholder communications and to enhance informed proxy voting, and to reduce the cost of compliance with the proxy rules for all persons engaged in a proxy solicitation.' The SEC explained the amendments by stating that the rules were "impeding shareholder communication and participation in the corporate …
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
Markets, Courts, And The Brave New World Of Bankruptcy Theory, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein
Financial Distress As A Non-Cooperative Game: A Proposal For Overcoming Obstacles To Private Workouts, Claire Oakes Finkelstein
All Faculty Scholarship
No abstract provided.
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Articles
In 1989, the National Conference of Commissioners on Uniform State Laws approved a new Uniform Foreign-Money Claims Act. This Act is designed to change and clarify the law regarding judgments on obligations denominated in a foreign currency. It does so by recognizing that old rules preventing judgment in a foreign currency - developed in times of a strong dollar - are inappropriate. Unfortunately, in seeking fairness for plaintiffs when the U.S. dollar is weak, the Act replaces rigid old rules with stiff new rules that fail to address the basic issue of appropriate damages for exchange rate losses. While the …
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
A General Approach To The Taxation Of Financial Instruments, Reed Shuldiner
All Faculty Scholarship
No abstract provided.
The Economic Structure Of The Post-Contractual Corporation, William W. Bratton
The Economic Structure Of The Post-Contractual Corporation, William W. Bratton
All Faculty Scholarship
No abstract provided.
Preaching To Managers, Edward B. Rock
The Nature And Effect Of Corporate Voting In Chapter 11 Reorganization Cases, David A. Skeel Jr.
The Nature And Effect Of Corporate Voting In Chapter 11 Reorganization Cases, David A. Skeel Jr.
All Faculty Scholarship
No abstract provided.
The Logic And (Uncertain) Significance Of Institutional Shareholder Activism, Edward B. Rock
The Logic And (Uncertain) Significance Of Institutional Shareholder Activism, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
Beyond Negotiability: A New Model For Transfer And Pledge Of Interests In Securities Controlled By Intermediaries, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Antitrust And The Market For Corporate Control, Edward B. Rock
Antitrust And The Market For Corporate Control, Edward B. Rock
All Faculty Scholarship
No abstract provided.
Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton
Resources Development On Navajo: The Dineh Power Project, Donald R. Wharton
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
42 pages (includes illustrations and maps).
Cooperative Agreements Between Tribes And The States, Bernard P. Becker
Cooperative Agreements Between Tribes And The States, Bernard P. Becker
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
36 pages.
Financing Development In Indian Country, Thomas N. Tureen
Financing Development In Indian Country, Thomas N. Tureen
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
7 pages.
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
The Governmental Context For Development In Indian Country: Modern Tribal Institutions And The Bureau Of Indian Affairs, Susan M. Williams
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
26 pages.
Taxation In Indian Country, Richard B. Collins
Taxation In Indian Country, Richard B. Collins
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
11 pages.
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Agenda: Natural Resource Development In Indian Country, University Of Colorado Boulder. Natural Resources Law Center
Natural Resource Development in Indian Country (Summer Conference, June 8-10)
Conference organizers and/or faculty included University of Colorado School of Law professors David H. Getches, Charles F. Wilkinson, Lawrence J. MacDonnell and Richard B. Collins.
Indian reservations constitute about 2.5% of all land in the country and 5% of all land in the American West. During the last two decades, Indian natural resources issues have moved to the forefront as tribal governments have dramatically expanded their regulatory programs, judicial systems. and resource development activities. This major symposium will address current developments and assess likely future directions in the areas of tribal, federal, and state regulation; tribal-state intergovernmental agreements; financing; mineral …
Corporate Loans To Directors And Officers -- Every Business Now A Bank?, Jayne W. Barnard
Corporate Loans To Directors And Officers -- Every Business Now A Bank?, Jayne W. Barnard
Faculty Publications
In most states, a corporation may loan money to an officer or director if the board of directors authorizes the loan and finds that it will "benefit" the corporation. According to Professor Jayne W. Barnard, however, this benefit requirement has proved to be an illusory standard. Barnard reviews existing law on the subject and surveys the executive lending practices of 152 publicly held corporations. She concludes that executive loan enabling statutes have failed to consider the risks involved in making such loans, such as illiquidity, inadequate collateralization, inclination to default, and volatility of the economy. As a result, current laws …
The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.
The Mystery And Myth Of "Ostensible Ownership" And Article 9 Filing: A Critique Of Proposals To Extend Filing Requirements To Leases, Charles W. Mooney Jr.
All Faculty Scholarship
No abstract provided.
Regulation Of Government Agencies Through Limitation Riders, Neal Devins
Regulation Of Government Agencies Through Limitation Riders, Neal Devins
Faculty Publications
Congress often attaches limitation riders to appropriations bills to establish its policy directives. Professor Devins argues that the appropriations process is not the proper vehicle for substantive policymaking. In this article, he analyzes institutional characteristics that prevent the full consideration or articulation of policy in appropriations bills. Professor Devins also considers the extent to which Congress's use of limitation riders inhibits the effectiveness of the other branches of the federal government. Professor Devins concludes that, while Congress's use of limitation riders is sometimes necessary, Congress should be aware of the significant risks associated with policymaking through the appropriations process.