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Articles 1 - 12 of 12
Full-Text Articles in Law
Enforcing Corporate Fiduciary Duties In Bankruptcy, Kelli A. Alces
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
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
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
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
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
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
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
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
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
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
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
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.