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Business Organizations Law

Duke Law

Faculty Scholarship

Series

2009

Articles 1 - 3 of 3

Full-Text Articles in Law

Guests At The Table?: Independent Directors In Family-Influenced Public Companies, Deborah A. Demott Apr 2009

Guests At The Table?: Independent Directors In Family-Influenced Public Companies, Deborah A. Demott

Faculty Scholarship

No abstract provided.


A Response To The Critics Of Corporate Criminal Liability, Sara Sun Beale Jan 2009

A Response To The Critics Of Corporate Criminal Liability, Sara Sun Beale

Faculty Scholarship

This essay responds to critics of corporate liability and to the claim that elimination or limitation of such liability should be a priority for law reform. It discusses four points. First, imposing criminal liability on corporations makes sense, because corporations are not mere “fictional” entities. Rather, corporations are very real – and enormously powerful – actors whose conduct often causes very significant harms both to individuals and to society as a whole. Second, in evaluating the priorities for law reform it is critical to recognize that most of the problems with corporate liability are endemic to U.S. criminal law, rather …


Conflicts And Financial Collapse: The Problem Of Secondary-Management Agency Costs, Steven L. Schwarcz Jan 2009

Conflicts And Financial Collapse: The Problem Of Secondary-Management Agency Costs, Steven L. Schwarcz

Faculty Scholarship

Corporate governance scholarship has long focused on conflicts of interest between firms and their top executive officers. This Essay contends that increasing leverage and financial complexity make it important for scholars to also focus on conflicts of interest between firms and their secondary managers.