Law Commons^™

Veil-Piercing, Peter B. Oh

Articles

From its inception veil-piercing has been a scourge on corporate law. Exactly when the veil of limited liability can and will be circumvented to reach into a shareholder’s own assets has befuddled courts, litigants, and scholars alike. And the doctrine has been bedeviled by empirical evidence of a chasm between the theory and practice of veil-piercing; notably, veil-piercing claims inexplicably seem to prevail more often in Contract than Tort, a finding that flouts the engrained distinction between voluntary and involuntary creditors.

With a dataset of 2908 cases from 1658 to 2006 this study presents the most comprehensive portrait of veil-piercing …

Some Optimism About Fair Use And Copyright Law, Michael J. Madison

Articles

This short paper reflects on the emergence of codes of best practices in fair use, highlighting both the relationship between the best practices approach and an institutional perspective on copyright and the relationship between the best practices approach and social processes of innovation and creativity.

Indianizing Hollywood: The Debate Over Bollywood's Copyright Infringement, Hariqbal Basi

Hariqbal Basi

For decades, the mainstream Indian film industry, known as Bollywood, has remade copyrighted Hollywood films for the Indian audience without legal repercussions. This practice has gone unnoticed by Hollywood until recently, and accusations have since been brought against Indian filmmakers for copyright infringement. This note provides an in depth analysis of why these potentially infringing films have only become the subject of litigation over the last two years, cultural arguments advanced by Indian filmmakers for why their remakes should constitute original, and not infringing, works, and what the effects of litigation have been. As the two industries become increasingly intertwined, …

Pedagogical Strategies For Teaching Moral Minimalism, Richard Mcgowan, Matthew Mcgowan, Garret Mcgowan

Richard McGowan

College of BusinessIn 1986, Stephen Satris’s article, Student Relativism, meant to offer analysis of, and suggest some methods for dealing with, a quite particular and peculiar problem in teaching philosophy…I speak of the problem of student relativism. (Satris, 1986, p. 193) The problem has not gone away. However, psychological research suggests that the problem of relativism, a problem especially critical for teaching business ethics (or any other class in applied philosophy) is not insolvable. This paper, extending earlier work by R. McGowan, provides a brief account of research by Lawrence Kohlberg and William Perry on the structure of thought exhibited …

Managing Medical Bills On The Brink Of Bankruptcy, Melissa B. Jacoby, Mirya Holman

Melissa B. Jacoby

This paper presents original empirical evidence on financial interactions between medical providers and their patients who go bankrupt. We use a nationally representative sample of people who filed for bankruptcy in 2007 to compare two popular but hotly contested methods of measuring medical burden. By applying both methods to the same filers, we find that nearly four out of five respondents had some financial obligation for medical care not covered by insurance in the two years prior to filing as measured by the survey method. The court record method paints a different picture, with only half of the cases containing …

Guioco Piano: The Acquiree's Dilemma, Karl T. Muth, Hans Trees

Karl T Muth

This article discusses strategic decisions made by the acquiree in an M&A scenario and also includes a case study on Zond Energy and Enron.

Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield

Jonathan Marshfield

Scholar-Baller: Student Athlete Socialization, Motivation, And Academic Performance In American Society, Keith Harrison

Dr. C. Keith Harrison

No abstract provided.

A Critical Race Analysis Of The Hiring Process For Head Coaches In Ncaa College Football, Keith Harrison

Dr. C. Keith Harrison

In this article, we respond to Singer’s (2005) challenge to sport management scholars to consider race-based epistemologies in conducting certain kinds of research in the field, as we use critical race theory (CRT) as a framework to analyze the Black Coaches & Administrators (BCA) Hiring Report Card (HRC) (Harrison & Yee, 2009). The BCA HRC was created as a result of the access discrimination that has historically taken place in college sport (Brooks & Althouse, 2000; Cunningham & Sagas, 2005), which has consequently contributed to the underrepresentation of racial minorities in the head coach position in college football. The HRC …

Regulation By Markets And Higher Education, Benedict Sheehy

Benedict Sheehy

Markets have a number of uses. One increasingly important use by politicians is as a means of regulating the supply and distribution of goods and services formerly supplied and distributed by governments on non-market bases. The use of markets as a regulator of higher education is not novel. However, the increased reliance on markets as a regulator of higher education is an on-going experiment with certain predictable failures. This article explores the uses of the market in the supply and distribution of higher education and weighs it against the stated policy objectives, with particular attention to the application proposed in …

Yearbook On International Investment Law And Policy, 2009-2010

Karl P. Sauvant

The Massillon Artful Living Project: Some Positive Results Are Evident, Oscar T. Mcknight, John Sikula, Gary Zoldesy

Oscar T McKnight Ph.D.

The Massillon Artful Living Project (ALP) was created to immerse developing minds in the fine arts and to enhance the creativity, social skills, and academic achievement of preschool children. The data analyses to date support program expansion. Also, feedback by teachers, parents, administrators and community arts providers are positive.

Veil-Piercing, Peter B. Oh

Peter B. Oh

From its inception veil-piercing has been a scourge on corporate law. Exactly when the veil of limited liability can and will be circumvented to reach into a shareholder’s own assets has befuddled courts, litigants, and scholars alike. And the doctrine has been bedeviled by empirical evidence of a chasm between the theory and practice of veil-piercing; notably, veil-piercing claims inexplicably seem to prevail more often in Contract than Tort, a finding that flouts the engrained distinction between voluntary and involuntary creditors. With a dataset of 2,908 cases from 1658 to 2006, this study presents the most comprehensive portrait of veil-piercing …