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Articles 1 - 25 of 25
Full-Text Articles in Business Law, Public Responsibility, and Ethics
Business Law Bulletin, Spring 2018
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Speculative Tech: The Bitcoin Legal Quagmire & The Need For Legal Innovation, Paul H. Farmer Jr.
Journal of Business & Technology Law
No abstract provided.
Stewardship In The Interests Of Systemic Stakeholders: Re-Conceptualizing The Means And Ends Of Anglo-American Corporate Governance In The Wake Of The Global Financial Crisis, Zhong Xing Tan
Journal of Business & Technology Law
No abstract provided.
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
In Re Mstg And The Shifting Role Of Litigation-Related Patent Licenses In Reasonable Royalty Rate Determinations, Whitney Levandusky
Journal of Business & Technology Law
No abstract provided.
Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle
Should Courts Do Behavioral Analysis Of Boardroom Conduct?, Dale A. Oesterle
Journal of Business & Technology Law
No abstract provided.
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby
Policing The Social Media Water Cooler: Recent Nlrb Decisions Should Make Employers Think Twice Before Terminating An Employee For Comments Posted On Social Media Sites, Eric Raphan, Sean Kirby
Journal of Business & Technology Law
No abstract provided.
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Maryland's Social Networking Law: No "Friend" To Employers And Employees, Alexander Borman
Journal of Business & Technology Law
No abstract provided.
Facilitating Successful Failures, Michelle M. Harner, Jamie Marincic Griffin
Facilitating Successful Failures, Michelle M. Harner, Jamie Marincic Griffin
Faculty Scholarship
Approximately 80,000 businesses fail each year in the United States. This article presents an original empirical study of over 400 business restructuring professionals focused on a critical, arguably contributing factor to these failures—the conduct of boards of directors and management. Anecdotal evidence suggests that management of distressed companies often bury their heads in the sand until it is too late to remedy the companies’ problems, a phenomenon commonly called “ostrich syndrome.” The data confirm this behavior, show a prevalent use of loss framing, and suggest trends consistent with prospect theory. The article draws on these data and behavioral economics to …
Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee
Deal Deconstructions, Case Studies, And Case Simulations: Toward Practice Readiness With New Pedagogies In Teaching Business And Transactional Law, Michelle M. Harner, Robert J. Rhee
Faculty Scholarship
In this short commentary, we explore the use of two interrelated pedagogical methods for teaching transactional and business law. The first method is deal deconstruction, which analyzes the set of final deal documents and outcomes. This method is backward-looking, conducting a post-mortem on business transactions and analyzing the parties’ choices memorialized in the agreement against the legal and financial alternatives. The second method involves case studies and simulations, which are commonly seen in business schools. This method is forward-looking, exposing students to the uncertainties and situational contexts of doing deals and deal-related litigation. Together, these complementary methods help students understand …
Teaching Federal Corporate Law, Verity Winship
Teaching Federal Corporate Law, Verity Winship
Journal of Business & Technology Law
No abstract provided.
The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee
The Tort Foundation Of Duty Of Care And Business Judgment, Robert J. Rhee
Faculty Scholarship
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
Foreword, Robert J. Rhee
Shareholder Primacy In The Classroom After The Financial Crisis, David Millon
Shareholder Primacy In The Classroom After The Financial Crisis, David Millon
Journal of Business & Technology Law
No abstract provided.
Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett
Incorporating Litigation Perspectives To Enhance The Business Associations Course, Ann M. Scarlett
Journal of Business & Technology Law
No abstract provided.
Teaching Citizens United V. Fec In The Introductory Business Associations Course, Michael D. Guttentag
Teaching Citizens United V. Fec In The Introductory Business Associations Course, Michael D. Guttentag
Journal of Business & Technology Law
No abstract provided.
Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway
Teaching Business Associations Law In The Evolving New Market Economy, Joan Macleod Heminway
Journal of Business & Technology Law
No abstract provided.
Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner
Teaching Business Law Through An Entrepreneurial Lens, Michelle M. Harner
Journal of Business & Technology Law
The legal market has changed. Although change creates uncertainty and fear, it also can create opportunity. This essay explores the opportunity for innovation in the business law curriculum, and the role of simulation to help create more practice-aware new lawyers.
Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana
Teaching Amidst Transformation: Integrating Global Perspectives On The Financial Crisis Into The Classroom, Shruti Rana
Journal of Business & Technology Law
No abstract provided.
Teaching Antitrust After The Financial Crisis, Maurice E. Stucke
Teaching Antitrust After The Financial Crisis, Maurice E. Stucke
Journal of Business & Technology Law
No abstract provided.
Double Dutch: Teaching Business Associations In Two Semesters, Christyne J. Vachon
Double Dutch: Teaching Business Associations In Two Semesters, Christyne J. Vachon
Journal of Business & Technology Law
No abstract provided.
Teaching Business Law In The New Economy; Strategies For Success, Kamille Wolff Dean
Teaching Business Law In The New Economy; Strategies For Success, Kamille Wolff Dean
Journal of Business & Technology Law
No abstract provided.
A More Realistic Approach To Directors' Duties, Michelle M. Harner
A More Realistic Approach To Directors' Duties, Michelle M. Harner
Faculty Scholarship
Expectations for what fiduciary duties can achieve in the corporate context are unrealistic. This segment of the law—and the alleged deficiencies therein—are blamed for corporate scandals, securities fraud, failed business plans, and even a company's insolvency. Risk is, however, inherent in business, and human beings are flawed. Fiduciary duty law cannot change these basic facts. To the extent we think it can, we will continue to be disappointed and frustrated. This essay considers recasting (and to a greater extent codifying) directors’ duties in a positive frame to help foster better director oversight. It does not suggest that codifying greater clarity …
Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Ethical Issues In Business And The Lawyer's Role, Robert J. Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Faculty Scholarship
No abstract provided.
Spare The Rod, Spoil The Director? Revitalizing Directors' Fiduciary Duty Through Legal Liability, Lisa M. Fairfax
Spare The Rod, Spoil The Director? Revitalizing Directors' Fiduciary Duty Through Legal Liability, Lisa M. Fairfax
Faculty Scholarship
It appears that our society has tacitly agreed to spare corporate directors any significant legal liability—which includes both financial and incarceration—for failing to perform their duties as board members. Thus, over the last twenty years, there has been a virtual elimination of legal liability—particularly in the form of financial penalties—for directors who breach their fiduciary duty of care. This is true despite the fact that we entrust directors with the awesome responsibility of monitoring all of America's corporations as well as the officers and agents within those corporations. More surprisingly, this tacit agreement against legal liability for directors has persisted …
Racial Discrimination In Business Transactions, Robert E. Suggs
Racial Discrimination In Business Transactions, Robert E. Suggs
Faculty Scholarship
When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …