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Proposed Improvements To The Division Of The Parties' Beneficial Interests Beyond The Women's Charter: Chan Yuen Lan V See Fong Mun, Jonathan Muk 2015 Singapore Management University

Proposed Improvements To The Division Of The Parties' Beneficial Interests Beyond The Women's Charter: Chan Yuen Lan V See Fong Mun, Jonathan Muk

Jonathan Muk

In Chan Yuen Lan v See Fong Mun [2014] SGCA 36, the Singapore Court of Appeal had the opportunity to consider its approach towards ascertaining the parties’ beneficial interests under the common law. It took the opportunity to revist its earlier decision of Lau Siew Kim v Teo Guan Chye Terence [2008] 2 SLR(R) 108 and establish an approach for future cases. It is submitted that the CA’s approach could have gone further to first, establish the common intention constructive trust analysis as the starting point for ascertaining beneficial interests under the common law, second, reform the presumption ...


The New Law Of Treaties: The Codification Of The Law Of Treaties Concluded Between States And International Organizations Or Between Two Or More International Organizations, Neri Sybesma-Knol 2015 Vrije Universiteit Brussel

The New Law Of Treaties: The Codification Of The Law Of Treaties Concluded Between States And International Organizations Or Between Two Or More International Organizations, Neri Sybesma-Knol

Georgia Journal of International & Comparative Law

No abstract provided.


Angel Angelina, Rachel A. Van Cleave 2015 Golden Gate University School of Law

Angel Angelina, Rachel A. Van Cleave

Publications

Dean Van Cleave writes to the American Way magazine, the in-flight magazine of American Airlines, in support of veterans.


Boyd Briefs - Feb. 19, 2015, University of Nevada, Las Vegas -- William S. Boyd School of Law 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Feb. 19, 2015, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens 2015 University of Georgia School of Law

Export Controls - A Private Cause Of Action Under The Export Administration Act Of 1979, Wilbur Owens

Georgia Journal of International & Comparative Law

No abstract provided.


Peace Corps' Enduring Charter, Loret M. Ruppe 2015 Director of the Peace Corps

Peace Corps' Enduring Charter, Loret M. Ruppe

Georgia Journal of International & Comparative Law

No abstract provided.


The President, The Congress, And The Panama Canal: An Essay On The Powers Of The Executive And Legislative Branches In The Field Of Foreign Affairs, Griffin B. Bell, H. Miles Foy 2015 King & Spalding

The President, The Congress, And The Panama Canal: An Essay On The Powers Of The Executive And Legislative Branches In The Field Of Foreign Affairs, Griffin B. Bell, H. Miles Foy

Georgia Journal of International & Comparative Law

No abstract provided.


Boyd Briefs - Feb. 12, 2015, University of Nevada, Las Vegas -- William S. Boyd School of Law 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Feb. 12, 2015, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Permissibility Of Colour And Racial Profiling, James Singh Gill 2015 Thompson Rivers University

Permissibility Of Colour And Racial Profiling, James Singh Gill

Western Journal of Legal Studies

Racial profiling in law enforcement is a contentious matter, particularly in light of U.S. police-citizen race tensions. The racial profiling debate has not been settled. Racial profiling proponents view it as a tool to effectively uncover criminal activity among certain racial groups. Critics find that racial profiling perpetuates racial stigmas and is largely inefficient as a policing tool. This article explores the ongoing debate and offers an overview of the Canadian judicial experience with racial profiling. The author proposes a middle-ground solution where racial profiling may be used under certain constraints imposed on law enforcement. The author suggests that ...


Boyd Briefs - Feb. 5, 2015, University of Nevada, Las Vegas -- William S. Boyd School of Law 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Feb. 5, 2015, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Boyd Briefs - Jan. 29, 2015, University of Nevada, Las Vegas -- William S. Boyd School of Law 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Jan. 29, 2015, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Emerging International Development Law And Traditional International Law - Congruence Or Cleavage?, Edward Kwakwa 2015 Yale Law School

Emerging International Development Law And Traditional International Law - Congruence Or Cleavage?, Edward Kwakwa

Georgia Journal of International & Comparative Law

No abstract provided.


Boyd Briefs - Jan. 22, 2015, University of Nevada, Las Vegas -- William S. Boyd School of Law 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Boyd Briefs - Jan. 22, 2015, University Of Nevada, Las Vegas -- William S. Boyd School Of Law

Boyd Briefs / Road Scholars

Boyd Briefs provides weekly information regarding the activities and accomplishments of the faculty, students, and alumni of the William S. Boyd School of Law at the University of Nevada, Las Vegas.


Balance And Team Production, Kelli A. Alces 2015 Seattle University School of Law

Balance And Team Production, Kelli A. Alces

Seattle University Law Review

For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able ...


Lobbying, Pandering, And Information In The Firm, Adam B. Badawi 2015 Seattle University School of Law

Lobbying, Pandering, And Information In The Firm, Adam B. Badawi

Seattle University Law Review

In their classic and insightful article on team production in corporate law, Margaret Blair and Lynn Stout identify the minimization of rent-seeking as one of the chief benefits of vesting ultimate authority over a firm with the board of directors. In their analysis, this problematic rent-seeking arises when parties need to divide the gains from production after the fact. The squabbling that is likely to ensue may threaten to eat away most, or all, of the gains that come from productive activity. If parties know that this sort of rent-seeking will occur, they may not engage in productive activity in ...


Boards Of Directors As Mediating Hierarchs, Margaret M. Blair 2015 Seattle University School of Law

Boards Of Directors As Mediating Hierarchs, Margaret M. Blair

Seattle University Law Review

In June of 2014, the board of directors of Demoulas Supermarkets, Inc.—better known as Market Basket, a mid-sized chain of grocery stores in New England—decided to oust the man who had been CEO for the previous six years, Arthur T. Demoulas. Most likely, the board of directors did not anticipate what happened next: Thousands of employees, customers, and fans of Market Basket boycotted the stores and staged noisy public protests asking the board to reinstate “Arthur T.” The reaction by employees and customers made what had been a simmering, nasty, intrafamily feud within the closely held Market Basket ...


Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb 2015 Seattle University School of Law

Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb

Seattle University Law Review

For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for ...


The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson 2015 Seattle University School of Law

The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson

Seattle University Law Review

We examine the cooperative production of corporate governance. We explain that this production does not occur exclusively within a “team” or “firm.” Rather, several aspects of corporate governance are quintessentially market products. Like Blair and Stout, we view the shareholder as but one of many stakeholders in a corporation. Where we depart from their analysis is in our view of the boundaries of a firm. We suggest that they overweight the intrafirm production of control. Focusing on the primacy of a board of directors, Blair and Stout posit a hierarchical team that governs the economic enterprise. We observe, however, that ...


The Team Production Model As A Paradigm, Brian R. Cheffins 2015 Seattle University School of Law

The Team Production Model As A Paradigm, Brian R. Cheffins

Seattle University Law Review

Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law ...


The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke 2015 Seattle University School of Law

The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke

Seattle University Law Review

In this Article, the historical evolution of corporate governance is considered, highlighting the different eras of governance, the dominant theoretical and practical paradigms, and the reformulation of paradigms and counter paradigms. Two alternative and sharply contrasting theorizations, one collective and collaborative (the work of Berle and Means), the other individualistic and contractual (agency theory and shareholder value) are focused upon. The explanatory potential of Blair and Stout’s team production theory is elaborated, along with its conception of the complexity of business enterprise, with a mediating hierarch (the board of directors) securing a balance between the interests of different stakeholders ...


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