Open Access. Powered by Scholars. Published by Universities.®

Business Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 255

Full-Text Articles in Business

Current Trends In Insider Trading Prosecutions, David Rosenfeld Jan 2024

Current Trends In Insider Trading Prosecutions, David Rosenfeld

University of Pennsylvania Journal of Business Law

No abstract provided.


Taxing Contractual Complexity, Michael Simkovic, Meirav Furth-Matzkin Jan 2024

Taxing Contractual Complexity, Michael Simkovic, Meirav Furth-Matzkin

University of Pennsylvania Journal of Business Law

Consumers rarely understand contracts offered by sellers. It does not make sense for consumers to invest in understanding these contracts because they are typically complex, time and attention are limited, and the value at stake is often low. Because consumers don’t understand contracts and information sharing among consumers is costly, sellers can profit by drafting contracts that harm consumers more than they benefit sellers. Sellers who would like to offer efficient contracts face competitive pressures not to do so because consumers who do not understand contracts cannot appreciate the benefits. Ideally, contracts would be simpler and easier to understand, but …


Vol. 26, No. 1 Table Of Contents Jan 2024

Vol. 26, No. 1 Table Of Contents

University of Pennsylvania Journal of Business Law

No abstract provided.


The Corporation In An Age Of Divisiveness, Peer Zumbansen Jan 2024

The Corporation In An Age Of Divisiveness, Peer Zumbansen

University of Pennsylvania Journal of Business Law

The debate around the public purpose of the corporation is not a new one. But it has flared up again recently due to widespread critique of deepening socio-economic inequality, corporate inequities regarding gender and race and the seeming inability of governments and businesses alike to adequately address the catastrophic impact of climate change. As the corporation holds a firmly established place in the universe of economic and financial affairs, it – like the markets in which it operates – is is typically depicted as a private affair. Any regulation of the corporation, thus, tends to be critiqued as an unjustified …


Breaking Down Silos: The Selection Of Corporate Headquarters' Locations By Businesses, Ronni Mok Jan 2024

Breaking Down Silos: The Selection Of Corporate Headquarters' Locations By Businesses, Ronni Mok

University of Pennsylvania Journal of Business Law

No abstract provided.


Volume 26 Masthead Jan 2024

Volume 26 Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.


Tooley Brooks No Exceptions—Equity Dilution Is Direct, Christine J. Chen, Y. Carson Zhou Jan 2024

Tooley Brooks No Exceptions—Equity Dilution Is Direct, Christine J. Chen, Y. Carson Zhou

University of Pennsylvania Journal of Business Law

Today's corporate pie versus the "classical" view of equity dilution as a derivative claim.


Women In Power: Clearing Pathways For Women To Rise To Positions Of Organizational Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Bettina C.K. Binder Jan 2024

Women In Power: Clearing Pathways For Women To Rise To Positions Of Organizational Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Bettina C.K. Binder

University of Pennsylvania Journal of Business Law

In 1973, Eleanor Sheldon became the first woman on the board of the organization that became Citicorp. A few years later she was also on the boards of Mobil Corporation and H.J. Heinz Company. She saw herself “as a beginning, not a token.” Despite this promising beginning, almost fifty years later, women are still often treated as tokens on a majority of boards. There have been several initiatives implemented in the last few years to help move beyond tokenism, however. Having women on boards means not only that more women are moving into positions of influence, but also, improved performance …


Masthead Jan 2023

Masthead

University of Pennsylvania Journal of Business Law

No abstract provided.


A Simple Unifying Framework For Categorizing Disparate Risk Transactions: Securities Investments, Insurance, Gambling, And Derivative Contracts, W. C. Bunting Jan 2023

A Simple Unifying Framework For Categorizing Disparate Risk Transactions: Securities Investments, Insurance, Gambling, And Derivative Contracts, W. C. Bunting

University of Pennsylvania Journal of Business Law

No abstract provided.


Stopping Runs In The Digital Era, Luís C. Calderón Gómez Jan 2023

Stopping Runs In The Digital Era, Luís C. Calderón Gómez

University of Pennsylvania Journal of Business Law

No abstract provided.


To Be[Nefit] Or Not To Be[Nefit]: Lessons From Global Corporate Governance And A Principled Path For The Delaware Benefit Corporation, Patrick O’Neal Jan 2023

To Be[Nefit] Or Not To Be[Nefit]: Lessons From Global Corporate Governance And A Principled Path For The Delaware Benefit Corporation, Patrick O’Neal

University of Pennsylvania Journal of Business Law

No abstract provided.


Sustainability Gatekeepers: Esg Ratings And Data Providers, Marco Dell’Erba, Michele Doronzo Jan 2023

Sustainability Gatekeepers: Esg Ratings And Data Providers, Marco Dell’Erba, Michele Doronzo

University of Pennsylvania Journal of Business Law

No abstract provided.


Cyber Silent Spring: Leveraging Esg+T Frameworks And Trustmarks To Better Inform Investors And Consumers About The Sustainability, Cybersecurity, And Privacy Of Internet-Connected Devices, Scott J. Shackelford, Angie Raymond, Martin A. Mccrory, Andrea Bonime-Blanc Jan 2023

Cyber Silent Spring: Leveraging Esg+T Frameworks And Trustmarks To Better Inform Investors And Consumers About The Sustainability, Cybersecurity, And Privacy Of Internet-Connected Devices, Scott J. Shackelford, Angie Raymond, Martin A. Mccrory, Andrea Bonime-Blanc

University of Pennsylvania Journal of Business Law

No abstract provided.


A Liberal Theory Of Fiduciary Law, Robert J. Rhee Jan 2023

A Liberal Theory Of Fiduciary Law, Robert J. Rhee

University of Pennsylvania Journal of Business Law

No abstract provided.


Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli Jan 2023

Managing Relative Regulatory Inefficiencies In Complex Financial Systems, Michael Morelli

University of Pennsylvania Journal of Business Law

No abstract provided.


Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto Jan 2023

Can Blockchain Technologies Resolve The U.S. Antitrust Enforcement Problem?, Giovanna Massarotto

University of Pennsylvania Journal of Business Law

The U.S. antitrust enforcement mechanism is criticized for being ill-adapted to ensuring competition in digital platforms. In the U.S., several bills have been introduced in Congress with the aim to create a new antitrust regulatory framework for digital platforms. This paper proposes a different solution by exploring the adoption of a blockchain system and smart contracts to make the present antitrust enforcement more efficient. In the U.S. approximately ninety percent of no-merger antitrust proceedings are settled by means of consent decrees. However, the consent decree procedure is criticized for a lack of transparency and there is often the need for …


Climate Change And Caremark Doctrine, Imperfect Together, H. Justin Pace, Lawrence J. Trautman Jan 2023

Climate Change And Caremark Doctrine, Imperfect Together, H. Justin Pace, Lawrence J. Trautman

University of Pennsylvania Journal of Business Law

No abstract provided.


Edge Contracts, Spencer Williams Jan 2023

Edge Contracts, Spencer Williams

University of Pennsylvania Journal of Business Law

No abstract provided.


Why Corporate Law Is Private Law, Asaf Raz Jan 2023

Why Corporate Law Is Private Law, Asaf Raz

University of Pennsylvania Journal of Business Law

No abstract provided.


Making Sense Of Esg With The Sec, Thomas M. Madden, Gerlinde Berger-Walliser Jan 2023

Making Sense Of Esg With The Sec, Thomas M. Madden, Gerlinde Berger-Walliser

University of Pennsylvania Journal of Business Law

No abstract provided.


Creating Common Law In The Corporate Context, Delaware Style, Karen Lynn Valihura Jan 2023

Creating Common Law In The Corporate Context, Delaware Style, Karen Lynn Valihura

University of Pennsylvania Journal of Business Law

No abstract provided.


Algorithmic Predation And Exclusion, Thomas K. Cheng, Julian Nowag Jan 2023

Algorithmic Predation And Exclusion, Thomas K. Cheng, Julian Nowag

University of Pennsylvania Journal of Business Law

No abstract provided.


Spacs, Pipes, And Common Investors, Frank Fagan, Saul Levmore Jan 2023

Spacs, Pipes, And Common Investors, Frank Fagan, Saul Levmore

University of Pennsylvania Journal of Business Law

No abstract provided.


On The Systemic Importance Of Digital Platforms, Lindsay Sain Jones, Tim R. Samples Jan 2023

On The Systemic Importance Of Digital Platforms, Lindsay Sain Jones, Tim R. Samples

University of Pennsylvania Journal of Business Law

No abstract provided.


Transaction Costs In Common Ownership, Kenneth Khoo Jan 2023

Transaction Costs In Common Ownership, Kenneth Khoo

University of Pennsylvania Journal of Business Law

No abstract provided.


A Comprehensive Approach To Crypto Regulation, Brett Hemenway Falk, Sarah Hammer Jan 2023

A Comprehensive Approach To Crypto Regulation, Brett Hemenway Falk, Sarah Hammer

University of Pennsylvania Journal of Business Law

No abstract provided.


The Power Of Antitrust Personhood, Herbert Hovenkamp Jan 2023

The Power Of Antitrust Personhood, Herbert Hovenkamp

University of Pennsylvania Journal of Business Law

Antitrust law addresses conspiracy, or collaborative conduct, more harshly than it does unilateral conduct. One person acting alone can get away with far more than groups of firms acting by agreement. In most cases that distinction is justified. Creating substantial market power unilaterally is difficult and relatively uncommon, but it can be created in a moment’s time by an agreement among firms. But how do antitrust tribunals determine when conduct is unilateral rather than collaborative? Often the ansawer is obvious, but sometimes it is not. Two statutory provisions were intended to be the umpire of such decisions. A section of …


Delaware's Frontier, Matthew Jennejohn, D. Gordon Smith Jan 2022

Delaware's Frontier, Matthew Jennejohn, D. Gordon Smith

University of Pennsylvania Journal of Business Law

No abstract provided.


Power, Primacy, And The Corporate Law Pivot, Grant M. Hayden, Matthew T. Bodie Jan 2022

Power, Primacy, And The Corporate Law Pivot, Grant M. Hayden, Matthew T. Bodie

University of Pennsylvania Journal of Business Law

No abstract provided.