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Selected Works

SelectedWorks

Corporations

2012

Articles 1 - 4 of 4

Full-Text Articles in Law

Chinese Investment In Africa: China’S Empathetic Support Of Poor And Despotic Regimes, And The Competition Western Companies Face, Richard W. Gove May 2012

Chinese Investment In Africa: China’S Empathetic Support Of Poor And Despotic Regimes, And The Competition Western Companies Face, Richard W. Gove

Richard W Gove

This paper discusses the recent economic parallels and interconnections between China and the different nations in Africa, especially sub-Saharan Africa. In 2009, China surpassed the United States to become Africa’s largest trade partner, and China has committed to establishing stronger connections with African economies. Much of the increase in trade is a result of China’s thirst for oil and Africa’s desperate need for foreign investment. However, many legal issues surround Chinese involvement in Africa, especially public corruption, and the instability of African regimes has created political risk that leaves China with little competition and Africa with few alternatives. The main …


Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman Jan 2012

Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman

Lawrence J. Trautman Sr.

In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …


Where Did Mill Go Wrong? Why The Capital-Managed Rather Than The Labor-Managed Enterprise Is The Predominant Organizational Form In Market Economies, 73 Ohio State L.J. 219 (2012, Justin Schwartz Jan 2012

Where Did Mill Go Wrong? Why The Capital-Managed Rather Than The Labor-Managed Enterprise Is The Predominant Organizational Form In Market Economies, 73 Ohio State L.J. 219 (2012, Justin Schwartz

Justin Schwartz

In this Article, I propose a novel law and economics explanation of a deeply puzzling aspect of business organization in market economies. Why are virtually all firms organized as capital-managed and -owned (capitalist) enterprises rather than as labor-managed and -owned cooperatives? Over 150 years ago, J.S. Mill predicted that efficiency and other advantages would eventually make worker cooperatives predominant over capitalist firms. Mill was right about the advantages but wrong about the results. The standard explanation is that capitalist enterprise is more efficient. Empirical research, however, overwhelmingly contradicts this. But employees almost never even attempt to organize worker cooperatives. I …


Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii Jan 2012

Post-Citizens United: Using Shareholder Derivative Claims Of Corporate Waste To Challenge Corporate Independent Political Expenditures, William Alan Nelson Ii

William Alan Nelson II

The Supreme Court’s recent decision in Citizens United v. FEC allows companies to spend unlimited sums from their treasuries on advertisements that promote or oppose political candidates. This issue has taken the main stage in American politics, especially with the current Republican primary race and the Presidential election in November. This article discusses how shareholders may use derivative claims of corporate waste to challenge independent political expenditures that they believe are detrimental to the corporation. The article begins by discussing the history of the corporate waste doctrine and looks at the standard for pleading a claim of corporate waste. The …