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Standards Of Conduct And Standards Of Review In Corporate Law: The Need For Closer Alignment, Gregory S. Crespi
Standards Of Conduct And Standards Of Review In Corporate Law: The Need For Closer Alignment, Gregory S. Crespi
Faculty Journal Articles and Book Chapters
This article examines the arguments in support of maintaining a divergence in duty of care law between the articulated negligence standard of conduct and the gross negligence standard of review, with particular emphasis on their application to the corporate fiduciary duty of care context. The author provides a detailed discussion of the arguments presented by Meir Dan-Cohen, while also focusing on articles by Richard Singer, David Phillips, and Melvin Eisenberg. After assessing the existing scholarship justifying divergent standards in the context of corporate law, the author concludes that a single, clearly articulated standard which both defines the scope of permissible …