Law Commons^™

Creating A Stakeholder Democracy Under Existing Corporate Law, Justin Blount

Faculty Publications

Much of the current debate in corporate governance is framed in terms of stakeholder versus shareholder forms of corporate governance. While one would find little debate that stakeholders’ interests are important to any business, there is substantial debate regarding whether any stakeholder besides shareholders should have a formal role in corporate governance. What has been largely ignored in this debate is the issue of private ordering: since corporate law is largely enabling rather than mandatory, can stakeholder governance structures be voluntarily created within the current shareholder-centric default corporate law structure? This article argues that this is clearly the case, sets …

Homeland Self Storage Management, Llc, Et Al., Various Discovery Motions, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Homeland Self Storage Management, Llc, Et Ai., Order On Emergency Motion For Order To Show Cause Why Causes Of Action Should Not Be Stricken, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Let's Make A Deal! Business Succession Planning, John M. Olivieri, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Locked In: The Competitive Disadvantage Of Citizen Shareholders, Anne M. Tucker

Faculty Publications By Year

In this Essay, I challenge the conventional corporate law wisdom that unhappy mutual fund investors paying high fees don’t need litigation or regulation to protect their interests because they should simply exit a fund and reinvest elsewhere. The exit solution, advanced by Professors John Morley and Quinn Curtis in Taking Exit Rights Seriously provided an elegantly simply solution to the problem of unhappy indirect investors (e.g., mutual fund investors) given that they are often low-dollar, low-incentive, rationally-apathetic investors facing enormous information asymmetries and collective action problems. According to their view, competition produced by exit, or the threat of exit, is …

Gaming The System: The Exemption Of Professional Sports Teams From The Fair Labor Standards Act, Charlotte S. Alexander, Nathaniel Grow

Faculty Publications By Year

This article examines a little known exemption to the Fair Labor Standards Act relieving seasonal recreational or amusement employers from their obligation to pay the minimum wage and overtime. After evaluating the existing, confused case law surrounding the exemption, we propose a new, simplified framework for applying the provision. We then apply this framework to a recent wave of FLSA lawsuits brought by cheerleaders, minor league baseball players, and stadium workers against professional sports teams. The article concludes by considering the policy implications of exempting this class of employers from the FLSA's wage and hour requirements.

Predictix, Llc, Order And Final Judgment On Business Valuation Proceeding Pursuant To O.C.G.A. § 14-11-1011, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Raser Technologies Order On Defendants' Motion To Temporarily Stay Proceedings Pending A Related U.S Supreme Court Decision, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Non-Party John W. Robinson Iii's Application For Protective Order, John J. Goger

Georgia Business Court Opinions

No abstract provided.

Predictix, Llc, Order On Motion To Compel, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

Spinosa Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Suntrust Banks, Inc., Et Al., Order On Motion For Partial Judgment On The Pleadings, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Trends In Employment Outcomes Of Young Adults With Intellectual And Developmental Disabilities, 2006-2013, John Butterworth, Alberto Migliore, Thinkwork! At The Institute For Community Inclusion At Umass Boston

All Institute for Community Inclusion Publications

This report summarizes the employment and economic outcomes for young adults with intellectual disabilities between 2006 and 2013 in the nation’s 50 states and the District of Columbia (DC). Data are reported separately for two age groups: 16 to 21 years old, and 22 to 30 years old. Data are from the American Community Survey (ACS), the Rehabilitation Services Administration 911 (RSA-911), and the National Core Indicators (NCI).

State Of Georgia Order On Defendants Alan Yeager And Aes Claims Partners, Llc's Motion To Stay Proceedings And Compel Arbitration, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Section 4: Business Law, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.

Vulnerability, Preventability, And Responsibility: Exploring Some Normative Implications Of The Human Condition, Daniel E. Wueste

Center for the Study of Ethics in Society Papers

Presented March 17, 2015. Papers presented for the Center for the Study of Ethics in Society Western Michigan University.

Global Aerospace, Inc. Final Judgment And Order On Motions For Summary Judgment, Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

The Importance Of Being Dismissive: The Efficiency Role Of Pleading Stage Evaluation Of Shareholder Litigation, Lawrence A. Hamermesh, Michael L. Wachter

All Faculty Scholarship

It has been claimed that the risk/reward dynamics of shareholder litigation have encouraged quick settlements with substantial attorneys’ fee awards but no payment to shareholders, regardless of the merits of the case. Fee-shifting charter and bylaw provisions may be too blunt a tool to control agency costs associated with excessive shareholder litigation, and are in any event now prohibited by Delaware statute. We claim, however, that active judicial supervision of public company shareholder litigation at an early stage reduces the costs of frivolous litigation to shareholders by separating meritorious from unmeritorious litigation before the full costs of discovery are incurred. …

Behavioral Ethics, Behavioral Compliance, Donald C. Langevoort

Georgetown Law Faculty Publications and Other Works

The design of an effective legal compliance system for an organization fearing prosecution for white-collar crime or regulatory violations requires skill at predicting human behavior. It is entirely plausible to use the economist’s simplifying assumptions of rational choice and pecuniary self-interest in making these predictions. But the realism of these assumptions has been under attack for decades now, suggesting that we should at least consider more nuanced behavioral possibilities when designing and implementing compliance programs. The label “behavioral compliance” can be attached to the design and management of compliance that draws from this wider range of behavioral predictions about individual …

Southern States Chemical Inc., Order On Motions For Summary Judgment, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Gerber Products Co. Order On Defendant's Motion To Dismiss, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Eden Order On Summary Judgment And Motion To Strike, Alice D. Bonner

Georgia Business Court Opinions

No abstract provided.

Raser Technologies, Inc. Et Al., Order On Defendants' Motion For Entry Of Final Judgment Under O.C.G.A. 9-11-54(B), John Goger

Georgia Business Court Opinions

No abstract provided.

James A. Pritchard Iii, Order And Judgment On Plaintiff's Motion For Partial Summary Judgment As To Defendant Morris, Schneider, Wittstadt, Llc, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

Global Aerospace Inc., Order On Defendants' Fourth Motion For Order Compelling Discovery Against Plaintiff Global Aerospace Inc., Elizabeth E. Long

Georgia Business Court Opinions

No abstract provided.

John W. Robinson Iii, Protective Order, John Goger

Georgia Business Court Opinions

No abstract provided.

Drummond Financial Services Llc, Interlocutory Injunction Order, John Goger

Georgia Business Court Opinions

No abstract provided.

Bennett L. Kight Et Al., Order, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.

The New Synthesis Of Bank Regulation And Bankruptcy In The Dodd-Frank Era, David A. Skeel Jr.

All Faculty Scholarship

Since the enactment of the Dodd-Frank Act in 2010, U.S. bank regulation and bankruptcy have become far more closely intertwined. In this Article, I ask whether the new synthesis of bank regulation and bankruptcy is coherent, and whether it is likely to prove effective.

I begin by exploring some of the basic differences between bank resolution, which is a highly administrative process in the U.S., and bankruptcy, which relies more on courts and the parties themselves. I then focus on a series of remarkable new innovations designed to facilitate the rapid recapitalization of systemically important financial institutions: convertible contingent capital …

Viken Securities Limited, Order Granting Plaintiffs' Motion For Summary Judgment On All Defendants' Counterclaims, Melvin K. Westmoreland

Georgia Business Court Opinions

No abstract provided.