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Articles 1 - 30 of 68
Full-Text Articles in Law
The Feca’S Foreign Nationals Prohibition In United States V. Singh: Criminalizing Campaign Contributions Without The Requisite Mens Rea And The Ramifications For Foreign Corporations With Domestic Subsidiaries, Abigail Gampher
American University Business Law Review
No abstract provided.
Towards Shareholder Vote On Equity Issuances, Niccolò Calvi
Towards Shareholder Vote On Equity Issuances, Niccolò Calvi
American University Business Law Review
No abstract provided.
The Inchoate Meaning Of “Covered Security” Under The Securities Act Of 1933 – A Look At A Bank “In Organization”, Michael D. Waters
The Inchoate Meaning Of “Covered Security” Under The Securities Act Of 1933 – A Look At A Bank “In Organization”, Michael D. Waters
American University Business Law Review
No abstract provided.
Unlocking Progressive Corporate Governance: The Black And Brown Hdfc Key, Gregory Louis
Unlocking Progressive Corporate Governance: The Black And Brown Hdfc Key, Gregory Louis
American University Business Law Review
No abstract provided.
Dudenhoeffer: Why Concealment Of Fraud Violates The Fiduciary Duty-Of-Prudence, Kolton G. Whitmire
Dudenhoeffer: Why Concealment Of Fraud Violates The Fiduciary Duty-Of-Prudence, Kolton G. Whitmire
American University Business Law Review
I. INTRODUCTION
In 1974, Congress sought to encourage a form of a retirement fund known as an employee stock ownership plan (“ESOP”). The statutory mandates of these plans are outlined in the Employee Retirement Income Security Act (“ERISA”). ESOPs are invested in stock of the company in which the employee works. In this way, ESOP planners’ (“plan fiduciaries”) obligations are necessarily unique. Whereas most fiduciaries are required to prudently diversify investments to protect their beneficiaries, ESOP planners are not similarly mandated. Further, Congress allows ESOP planners to concurrently be officers of the corporation in which the stock was invested. This …
Symposium Transcripts: International Arbitration: Friend Or Foe Of Corporations? February 12, 2019 Introductory Remarks, American University Business Law Review
Symposium Transcripts: International Arbitration: Friend Or Foe Of Corporations? February 12, 2019 Introductory Remarks, American University Business Law Review
American University Business Law Review
No abstract provided.
Discrimination As A Business Policy: The Misuse And Abuse Of Corporate Social Responsibility Programs, Marc Greendorfer
Discrimination As A Business Policy: The Misuse And Abuse Of Corporate Social Responsibility Programs, Marc Greendorfer
American University Business Law Review
No abstract provided.
Doubling Down On A Billion Dollar Blind Spot: Women Business Owners And Tax Reform, Caroline Bruckner
Doubling Down On A Billion Dollar Blind Spot: Women Business Owners And Tax Reform, Caroline Bruckner
American University Business Law Review
No abstract provided.
Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson
Prosecuting Foreign Bribery In National Projects: A Multi-Phased Approach To Reduce Corruption, Julia E. Johnson
American University Business Law Review
The gradual establishment of an international mechanism to review and prosecute allegations of corruption could help to deter fraudulent conduct. Fraudulent conduct often reduces the economic benefits associated with large-scale development or investment projects. These projects are generally awarded through contract bidding; the bidding outcome may be dictated by bribery and other corrupt behaviors by local officials overseeing the project. The money earmarked for the project may in turn be siphoned off to the bribe recipients for private gain, leaving citizens unable to appreciate the fruits of any such project. For this reason, reducing corruption should remain a key priority. …
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod
Corporate Directors' And Officers' Cybersecurity Standard Of Care: The Yahoo Data Breach, Lawrence J. Trautman, Peter C. Ormerod
American University Law Review
On September 22, 2016, Yahoo! Inc. ("Yahoo") announced that a data breach and theft of information from over 500 million user accounts had taken place during 2014, marking the largest data breach ever at the time. The information stolen likely included names, birthdays, telephone numbers, email addresses, hashed passwords, and, in some cases, encrypted or unencrypted security questions and answers. Yahoo further disclosed its belief that the stolen data "did not include unprotected passwords, payment card data, or bank account information." Just two months before Yahoo disclosed its 2014 data breach, it announced a proposed sale of the company's core …
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
Conspicuous Philanthropy: Reconciling Contract And Tax Laws, William A. Drennan
American University Law Review
It sold for $15 million, and the IRS treated it as worthless. Avery Fisher, a titan of industry and a lover of classical music, made a generous contribution to renovate a charity's building, and in exchange the charity agreed to name the building after Fisher in perpetuity. Forty years later, the Fisher family sold the naming rights back to the charity for $15 million in cash. The IRS treats these publicity rights as worthless when charities grant them, and this generates substantial tax benefits for the donor and the donor's family. In contrast, the common law can treat these publicity …
Why Anti-Surcharge Laws Do Not Violate A Merchant's Freedom Of Speech, Annie P. Anderson
Why Anti-Surcharge Laws Do Not Violate A Merchant's Freedom Of Speech, Annie P. Anderson
American University Law Review
First Amendment litigation is surrounding state anti-surcharge laws, which prevent merchants from imposing surcharges on transactions where customers use credit cards. These laws effectively prevent stores from passing credit card "swipe fees" onto their customers. Merchants argue that because the laws still allow them to provide discounts to customers who use other forms of payment, the laws violate their First Amendment rights by impermissibly restricting the way the stores can communicate. The state governments, in contrast, have defended the laws by asserting that they regulate conduct, not business speech, and therefore do not violate the First Amendment.
The Supreme Court …
The Price Of Free Mobile Apps Under The Video Privacy Protection Act, Suzanne L. Riopel
The Price Of Free Mobile Apps Under The Video Privacy Protection Act, Suzanne L. Riopel
American University Business Law Review
No abstract provided.
Where The Cco Fits In The C-Suite: A Corporation's Moral Compass, Alexander Foster
Where The Cco Fits In The C-Suite: A Corporation's Moral Compass, Alexander Foster
American University Business Law Review
No abstract provided.
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
It Is Time For Something New: A 21st Century Joint-Employer Doctrine For 21st Century Franchising, Steven A. Carvell, David Sherwyn
American University Business Law Review
No abstract provided.
Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel
Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel
American University Business Law Review
No abstract provided.
Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum
Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum
American University Business Law Review
No abstract provided.
Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky
Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Where Are The Jobs In The Jobs Act? An Examination Of The Uneasy Connection Between Securities Disclosure And Job Creation, Ian K. Peck
American University Business Law Review
No abstract provided.
Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont
Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont
American University Business Law Review
No abstract provided.
The Business Of Art Theft: Assessing Auction House Standard Of Care And The Sale Of Stolen Cultural Property, Alexandra M.S. Wilson
The Business Of Art Theft: Assessing Auction House Standard Of Care And The Sale Of Stolen Cultural Property, Alexandra M.S. Wilson
American University Business Law Review
No abstract provided.
Welcome To The Space Jam: How United States Regulators Should Govern Google And Facebook's New Internet Providing High Altitude Platforms, George V. John
Welcome To The Space Jam: How United States Regulators Should Govern Google And Facebook's New Internet Providing High Altitude Platforms, George V. John
American University Business Law Review
No abstract provided.
Protecting Delaware Corporate Law: Section 115 And Its Underlying Ramifications, Andrew Holt
Protecting Delaware Corporate Law: Section 115 And Its Underlying Ramifications, Andrew Holt
American University Business Law Review
No abstract provided.
The Harms Of The Benefit Corporation, Kennan El Khatib
The Harms Of The Benefit Corporation, Kennan El Khatib
American University Law Review
No abstract provided.
Sac Capital: Firm Criminal Liability, Civil Fines, And The Insulated Ceo, Frances E. Chapman, Marianne Jennings, Lauren Tarasuk
Sac Capital: Firm Criminal Liability, Civil Fines, And The Insulated Ceo, Frances E. Chapman, Marianne Jennings, Lauren Tarasuk
American University Business Law Review
No abstract provided.
Condemning A Residential Mortgage Loan: Is It An Extraterritorial Taking?, Michael M. Sandez
Condemning A Residential Mortgage Loan: Is It An Extraterritorial Taking?, Michael M. Sandez
American University Business Law Review
No abstract provided.
The Interface Between Arbitration And The Brussels Regulation, Filip De Ly
The Interface Between Arbitration And The Brussels Regulation, Filip De Ly
American University Business Law Review
No abstract provided.
If The Question Is Chocolate-Related, The Answer Is Always Yes: Why Doe V. Nestle Reopens The Door For Corporate Liability Of U.S. Corporations Under The Alien Tort Statute, Amanda A. Humphreville
If The Question Is Chocolate-Related, The Answer Is Always Yes: Why Doe V. Nestle Reopens The Door For Corporate Liability Of U.S. Corporations Under The Alien Tort Statute, Amanda A. Humphreville
American University Law Review
No abstract provided.
Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.
Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.
Legislation and Policy Brief
When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …