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

Law Commons

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

Articles 1 - 12 of 12

Full-Text Articles in Law

Enforcing Corporate Fiduciary Duties In Bankruptcy, Kelli A. Alces Oct 2007

Enforcing Corporate Fiduciary Duties In Bankruptcy, Kelli A. Alces

Scholarly Publications

No abstract provided.


Moving Toward A Federal Law Of Corporate Governance In Bankruptcy, Kelli A. Alces Apr 2007

Moving Toward A Federal Law Of Corporate Governance In Bankruptcy, Kelli A. Alces

Scholarly Publications

No abstract provided.


Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein Jan 2007

Directors' Duties In Failing Firms, Kelli A. Alces, Larry E. Ribstein

Scholarly Publications

Despite many cases with seemingly contrary dicta, corporate directors of failing firms do not have special duties to creditors. This follows from the nature of fiduciary duties and the business judgment rule. Under the business judgment rule, the directors have broad discretion to decide what to do and in whose interests to act. There is some authority for a limited creditor right to sue on behalf of the corporation to enforce this duty. However, any such right does not make the duty one owed to creditors. The creditors individually may sue the corporation for breach of specific contractual, tort, and …


Publicity Rights As Moral Rights, David Landau, David Westfall Jan 2005

Publicity Rights As Moral Rights, David Landau, David Westfall

Scholarly Publications

Recent legal history has witnessed the creation of a large number of new forms of property. Consequently, judges and legislators have generally been willing to imbue these new forms of property with all or most of the attributes of traditional property. In this article we try to explain this trend by examining one important new kind of property, the publicity right. Publicity rights initially emerged in response to functionalist considerations: transferable rights were needed to keep pace with commercial custom. As time went on, courts began to expand the attributes of the right to new frontiers, such as inheritability. In …


The Transformation Of The Israeli Bankruptcy System As A Reflection Of Societal Changes, Rafael Efrat Jan 2000

The Transformation Of The Israeli Bankruptcy System As A Reflection Of Societal Changes, Rafael Efrat

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Bankruptcy's Organizing Principle, David Gray Carlson Apr 1999

Bankruptcy's Organizing Principle, David Gray Carlson

Florida State University Law Review

No abstract provided.


From Behind The Looking Glass: Good Faith, Fiduciary Duty & Permitted Harm, Claire Moore Dickerson Apr 1995

From Behind The Looking Glass: Good Faith, Fiduciary Duty & Permitted Harm, Claire Moore Dickerson

Florida State University Law Review

No abstract provided.


Ohio V. Kovacs (In Re Kovacs), 105 S. Ct. 705 (1985), Laura Lee Barrrow Jul 1985

Ohio V. Kovacs (In Re Kovacs), 105 S. Ct. 705 (1985), Laura Lee Barrrow

Florida State University Law Review

Bankruptcy Law-ENFORCEABILITY OF STATE ENVIRONMENTAL LAWS AGAINST BANKRUPT DEBTORS


Mcguire V. Manufacturers & Traders Trust Co. (In Re Mcguire), 37 Bankr. 365 (Bankr. M.D. Fla. 1984), James R. Klindt Jan 1985

Mcguire V. Manufacturers & Traders Trust Co. (In Re Mcguire), 37 Bankr. 365 (Bankr. M.D. Fla. 1984), James R. Klindt

Florida State University Law Review

Florida Homestead Exemption-PROCEEDS FROM THE VOLUNTARY SALE OF A HOMESTEAD-A SHIELD OR A TRAP FOR THE DEBTOR?


Monetary Awards To The Debtor For Violations Of The Automatic Stay, Jeffrey A. Stoops Jul 1983

Monetary Awards To The Debtor For Violations Of The Automatic Stay, Jeffrey A. Stoops

Florida State University Law Review

No abstract provided.


Schatzman V. Department Of Health And Rehabilitative Services (In Re King Memorial Hospital), 4 B.R. 704 (S.D. Fla. 1980), Randall Marker Apr 1981

Schatzman V. Department Of Health And Rehabilitative Services (In Re King Memorial Hospital), 4 B.R. 704 (S.D. Fla. 1980), Randall Marker

Florida State University Law Review

Bankruptcy Law-WHEN IS A GOVERNMENTAL UNIT'S ACTION ENFORCE ITS POLICE OR REGULATORY POWERS EXEMPT FROM THE AUTOMATIC STAY PROVISIONS OF SECTION 362?


Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall Jul 1978

Homestead And The Process Of History: The Proposed Changes In Article X, Section 4, Dennis J. Wall

Florida State University Law Review

No abstract provided.