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An Experimental Test Of Fairness Under Agency And Profit Constraints (With Notes On Implications For Corporate Governance), Kent Greenfield, Peter Kostant Nov 2011

An Experimental Test Of Fairness Under Agency And Profit Constraints (With Notes On Implications For Corporate Governance), Kent Greenfield, Peter Kostant

Kent Greenfield

Building on the scholarship using ultimatum game experiments to explore the presence of fairness norms in bargaining exchanges, the authors test whether such norms are affected by agency relationships alone or agency relationships linked with a duty to maximize returns to the principal. The findings are dramatic. The study, the first of its kind, indicates a significant decrease in a concern for fairness (defined as a willingness to share a pot of money) when a participant in a bargaining transaction acts as an agent for another and owes a duty to maximize the return to the principal. We find no …


Regulating The Regulators In New York State, Part Ii: The Office Of Business Permits And Regulatory Assistance, Harold I. Abramson Mar 2011

Regulating The Regulators In New York State, Part Ii: The Office Of Business Permits And Regulatory Assistance, Harold I. Abramson

Harold I. Abramson

No abstract provided.


What, Me Worry? Tort Liability Risks For Participants In Llcs, Matthew G. Dore Jan 2011

What, Me Worry? Tort Liability Risks For Participants In Llcs, Matthew G. Dore

Matthew G Dore

State legislatures gave scant consideration to tort victims' rights when authorizing the LLC as a new limited liability business option. Nonetheless, state LLC acts leave untouched agency law principles that preserve personal tort liability claims against individual LLC participants. This article explains why this residual tort liability path and related defensive doctrines offer the best hope for a principled accommodation of expanded limited liability business options and the interests of third party tort victims.


Agency Independence After Pcaob, Kevin M. Stack Jan 2011

Agency Independence After Pcaob, Kevin M. Stack

Vanderbilt Law School Faculty Publications

Separation of powers has a new endeavor. The PCAOB decision makes the validity of good-cause removal protections depend on the separation of adjudicative from policymaking and enforcement functions within the agency. At a minimum, within independent agencies, it preserves the second layer of removal protection only for dedicated adjudicators. But its logic extends further. In PCAOB, the demand for political supervision over rulemaking and enforcement trumped Congress's choice to preserve the independence of officials who perform those roles and also adjudicate. In that way, PCAOB reversed the consistent constitutional validation of good-cause removal protections for those who engage in adjudication. …


Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull Jan 2011

Agency And Partnership Law [2010], Pearlie Koh, Stephen Bull

Research Collection Yong Pung How School Of Law

No abstract provided.


Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew Jan 2011

Implementing American Health Care Reform: The Fiduciary Imperative, Dayna Bowen Matthew

Publications

The success of health reform under the Patient Protection and Affordable Care Act of 2010 will depend upon the sustainability of a brand new and infrastructure of entities, relationships, and procedures. So far, neither jurists, legislators, policy-makers, providers, payers, nor patients have identified an organizing paradigm to implement or regulate this vast new infrastructure. Legal scholars have been curiously absent from this policy discussion, offering little if any insight into the role law plays beyond the familiar political debates about health reform. This article draws a legal chair to the table and takes a refined look at the legal basis …


Brief Of Amica Curiae, Deborah A. Demott In Support Of The Petitioner, Maples V. Thomas, Deborah A. Demott Jan 2011

Brief Of Amica Curiae, Deborah A. Demott In Support Of The Petitioner, Maples V. Thomas, Deborah A. Demott

Faculty Scholarship

No abstract provided.


The Decision In Akai: The Interaction Of Apparent Authority And Knowing Receipt, Michael Lp Lower Dec 2010

The Decision In Akai: The Interaction Of Apparent Authority And Knowing Receipt, Michael Lp Lower

Michael LP Lower

The recent decision of Hong Kong's Court of Final Appeal in Thanakharn Kasikorn Chamkat (Mahachon) v Akai Holdings Ltd ([2010] HKEC 1692, CFA) illustrated the interaction of parallel claims in the tort of conversion and for knowing receipt when a director wrongly claims to be entitled to give a lender security over corporate assets that are then disposed of in exercise of the lender's (non-existent) security rights.