Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- UIC School of Law (20)
- Fordham Law School (16)
- Mitchell Hamline School of Law (11)
- Vanderbilt University Law School (6)
- Washington and Lee University School of Law (5)
-
- William & Mary Law School (4)
- University of Miami Law School (3)
- University of Michigan Law School (3)
- Brigham Young University Law School (2)
- Maurer School of Law: Indiana University (2)
- Mercer University School of Law (2)
- University of Oklahoma College of Law (2)
- University of Richmond (2)
- American University Washington College of Law (1)
- Loyola University Chicago, School of Law (1)
- Northwestern Pritzker School of Law (1)
- University at Buffalo School of Law (1)
- University of Kentucky (1)
- University of New Hampshire (1)
- University of San Diego (1)
- University of Washington School of Law (1)
- West Virginia University (1)
- Keyword
-
- Charities (5)
- Corporate Governance (5)
- Corporate law (5)
- Corporations (5)
- Globalization (4)
-
- SEC (4)
- Corporate governance (3)
- Disclosure (3)
- Nonprofit organizations (3)
- Regulation (3)
- Business law (2)
- Corporate officers (2)
- Corporate tax (2)
- Delaware (2)
- Diversity in the workplace (2)
- Employment discrimination/Race (2)
- Enron (2)
- Income tax (2)
- Income tax exemptions (2)
- Litigation (2)
- PCAOB (2)
- Promotions (2)
- Sarbanes-Oxley Act (2)
- Securities (2)
- Securities and Exchange Commission (2)
- Securities and exchange commission (2)
- Stockholders (2)
- Takeover (2)
- Nonprofit organizations (1)
- -al) (1)
- Publication
-
- UIC Law Review (20)
- Fordham Journal of Corporate & Financial Law (16)
- William Mitchell Law Review (11)
- Vanderbilt Law Review (6)
- Washington and Lee Law Review (5)
-
- William & Mary Law Review (4)
- University of Miami Law Review (3)
- BYU Law Review (2)
- Indiana Law Journal (2)
- Mercer Law Review (2)
- Michigan Journal of International Law (2)
- American Indian Law Review (1)
- Buffalo Law Review (1)
- Kentucky Law Journal (1)
- Michigan Law Review (1)
- Northwestern Journal of International Law & Business (1)
- Oklahoma Law Review (1)
- Public Interest Law Reporter (1)
- Richmond Journal of Global Law & Business (1)
- San Diego International Law Journal (1)
- Sustainable Development Law & Policy (1)
- The University of New Hampshire Law Review (1)
- University of Richmond Law Review (1)
- Washington Law Review (1)
- West Virginia Law Review (1)
Articles 1 - 30 of 87
Full-Text Articles in Law
No Good Deed Goes Unpunished? Establishing A Self-Evaluating Privilege For Corporate Internal Investigations, Theodore R. Lotchin
No Good Deed Goes Unpunished? Establishing A Self-Evaluating Privilege For Corporate Internal Investigations, Theodore R. Lotchin
William & Mary Law Review
No abstract provided.
Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii, James F. Brumsey
Business Associations, Paul A. Quirós, Lynn S. Scott, William B. Shearer Iii, James F. Brumsey
Mercer Law Review
This Article surveys noteworthy cases in the areas of corporate, securities, partnership, and banking law decided during the survey period by the Georgia Supreme Court, the Georgia Court of Appeals, the United States Court of Appeals for the Eleventh Circuit, and the United States district courts located in Georgia. The Article also summarizes recent enactments of the Georgia General Assembly with respect to the foregoing subject matters.
Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver
Medical Research Oversight From The Corporate Governance Perspective: Comparing Institutional Review Boards And Corporate Boards, Richard S. Saver
William & Mary Law Review
No abstract provided.
Does Delaware's Section 102(B)(7) Protect Reckless Directors From Personal Liability? Only If Delaware Courts Act In Good Faith, Matthew R. Berry
Does Delaware's Section 102(B)(7) Protect Reckless Directors From Personal Liability? Only If Delaware Courts Act In Good Faith, Matthew R. Berry
Washington Law Review
Section 102(b)(7) of the Delaware Corporate Code allows a corporation to amend its certificate of incorporation to exculpate directors from all duty of due care violations. The Delaware General Assembly enacted this law in response to the shrinking pool of qualified directors, which was caused by the Delaware State Supreme Court's decision in Smith v. Van Gorkom that imposed personal liability on directors for gross negligence. Delaware courts have unequivocally stated that section 102(b)(7) protects directors against personal liability arising from gross negligence, but not against liability arising from a lack of good faith. However, Delaware courts have not provided …
The Public And Private Faces Of Derivative Lawsuits, Robert B. Thompson, Randall S. Thomas
The Public And Private Faces Of Derivative Lawsuits, Robert B. Thompson, Randall S. Thomas
Vanderbilt Law Review
Are shareholder derivative suits at death's door? Once described as "the most important procedure the law has yet developed to police the internal affairs of corporations,"' derivative suits are today regularly portrayed as nuisance suits whose "principal beneficiaries ... are attorneys." Even if these critics are wrong, there may now be less need for derivative suits, as other forms of representative suits have grown up that do much of their work. Federal securities fraud class actions increasingly address legal claims that raise issues about management care, and fiduciary duty class actions under state law are the principal litigation vehicle to …
Whose Public? Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
Whose Public? Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
Indiana Law Journal
No abstract provided.
File Early, Then Free Ride: How Delaware Law (Mis)Shapes Shareholder Class Actions, Elliott J. Weiss, Lawrence J. White
File Early, Then Free Ride: How Delaware Law (Mis)Shapes Shareholder Class Actions, Elliott J. Weiss, Lawrence J. White
Vanderbilt Law Review
Delaware courts have largely privatized enforcement of fiduciary duties in public corporations. In In re Fuqua Industries, Inc. Shareholder Litigation, Chancellor Chandler expressly acknowledged this judicial policy. He noted that Delaware courts implement it partly by allowing private attorneys, working on a contingent fee basis, to initiate and maintain derivative and class actions in the names of "nominal shareholder plaintiffs." Attorneys are subject only to the relatively weak constraints that they must inform their "clients" and receive their consent before they file shareholder suits. Further, Delaware courts use cost and fee shifting mechanisms to "economically incentivize" those attorneys to initiate …
Waiting For A Savior Of The Markets, Jean-Marc Gollier
Waiting For A Savior Of The Markets, Jean-Marc Gollier
Buffalo Law Review
Book review of David A. Westbrook's City of Gold: An Apology for Global Capitalism in a Time of Discontent
Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Promotion Tournament, Donald C. Langevoort
Overcoming Resistance To Diversity In The Executive Suite: Grease, Grit, And The Corporate Promotion Tournament, Donald C. Langevoort
Washington and Lee Law Review
No abstract provided.
"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade
"We Are An Equal Opportunity Employer": Diversity Doublespeak, Cheryl L. Wade
Washington and Lee Law Review
There are too few discussions about race and race relations among corporate managers and directors. The rhetoric used in these infrequent discussions revolves around the idea of diversity in the workplace. In recent years, when speaking about employees and race issues, corporate actors have become curiously silent about discrimination and racism. This Article provides several examples of the rhetorical devices used by corporate spokespersons that ignore persisting problems with discrimination and racism by focusing solely on diversity efforts. Diversity rhetoric allows corporate managers to avoid responsibility for enduring discrimination in the workplace. Diversity efforts, without antidiscrimination efforts, increase the likelihood …
Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America's Boardrooms And What To Do About It, Steven A. Ramirez
Games Ceos Play And Interest Convergence Theory: Why Diversity Lags In America's Boardrooms And What To Do About It, Steven A. Ramirez
Washington and Lee Law Review
No abstract provided.
Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati
Race To The Top Of The Corporate Ladder: What Minorities Do When They Get There, Devon W. Carbado, Mitu Gulati
Washington and Lee Law Review
Racing to the top of the corporate hierarchy is difficult, no matter how qualified or capable the candidate. Producing more widgets than one's competitors is not enough. Negotiating the political landscape of the institution is also required. More specifically, individual corporate officers have to be appeased, powerful interest groups have to be co-opted and made allies, and competitors have to be undermined or eliminated. The more bureaucratic the organization and the more opaque the promotion process, the more important this institutional game to climbing the corporate ladder. This Article identifies the kind of racial minorities or racial types who are …
Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes
Understanding New Hampshire’S Rule 4.2 As Applied To Corporate Litigants: An Explanation And Suggestions For Improvement, Heather Menezes
The University of New Hampshire Law Review
[Excerpt] “Consider this scenario: an attorney represents a client in litigation against a corporation. The attorney gets a call from an employee of that corporation and the employee says, “Everything in your complaint is absolutely correct.” However excited the attorney is to speak with this person, the Rules of Professional Conduct constrain whom the attorney can talk to if a corporation is involved in the pending litigation. In New Hampshire, any attorney can quickly find that Rule 4.2 prohibits contact with a represented party.1 But is this corporate employee a represented party? Even after reading the comment to the rule …
Tax, Corporate Governance, And Norms, Steven A. Bank
Tax, Corporate Governance, And Norms, Steven A. Bank
Washington and Lee Law Review
This Article examines the use of federal tax provisions to effect changes in state law corporate governance. There is a growing academic controversy over these provisions, fueled in part by their popularity among legislators as a method of addressing the recent spate of corporate scandals. As a case study on the use of tax to regulate corporate governance, this paper compares and contrasts two measures enacted during the New Deal-the enactment of the undistributed profits tax in 1936 and the overhaul of the tax-free reorganization provisions in 1934-and considers why the former was so much more controversial and less sustainable …
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
Fishing For Rainbows, The Fsc Repeal And Extraterritorial Income Exclusion Act, Stuart Smith
San Diego International Law Journal
On August 30, 2002, the final decision was released in the case of United States-Tax Treatment for "Foreign Sales Corporations". The World Trade Organization arbitration panel report authorizes the European Communities to levy $4.043 billion in annual trade sanctions against imports from the United States because of a provision in the U.S. tax code. "The FSC Repeal and Extraterritorial Income Exclusion Act of 2000", the most recent of 40 years worth of half-hearted attempts by the United States to comply with world trading body regulations, is the current offender. According to the arbitration panel, the act subsidizes foreign sales by …
The Plight Of The Private Securities Litigation Reform Act In The Post-Enron Era: The Ninth Circuit's Interpretation Of Materiality In Employer-Teamster V. America West, Patrick Hall
BYU Law Review
No abstract provided.
Explaining The International Ceo Pay Gap: Board Capture Or Market Driven?, Randall S. Thomas
Explaining The International Ceo Pay Gap: Board Capture Or Market Driven?, Randall S. Thomas
Vanderbilt Law Review
One of the most puzzling aspects of executive compensation is the pay gap that exists between American and foreign Chief Executive Officers (CEOs). U.S. CEOs are paid vastly more than their foreign counterparts: they have higher base salaries, they receive larger bonuses, they get more stock options, and they are given bigger chunks of company restricted stock. Commentators and the financial press have been quick to claim that such differences can be explained by "Board Capture," a theory that claims powerful American executives take advantage of weak domestic boards of directors and passive, dispersed shareholders to overpay themselves exorbitantly.
According …
The Toothless Watchdog: Corporate Fraud And The Independent Audit - How Can The Public's Confidence Be Restored?, David F. Birke
The Toothless Watchdog: Corporate Fraud And The Independent Audit - How Can The Public's Confidence Be Restored?, David F. Birke
University of Miami Law Review
No abstract provided.
The Transnational Corporation In History: Lessons For Today?, Janet Mclean
The Transnational Corporation In History: Lessons For Today?, Janet Mclean
Indiana Law Journal
This is the revised text of the George P. Smith, II Lecture delivered at Indiana University School of Law- Bloomington on April 4, 2003.
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
A Team Production Theory Of Bankruptcy Reorganization, Lynn M. Lopucki
Vanderbilt Law Review
In the year before United Airlines filed for bankruptcy reorganization, the firm lost $3.2 billion. Fierce competition in the airline industry prevents United from stemming its losses solely through increases in revenues. Costs will have to be cut. The necessary expense reductions could come from reductions in employee pay and benefits, reductions in the amounts owing to creditors (which reduce interest expense), or both. Which should it be? United's situation is complicated by the fact that its employees own 55 percent of its stock and that their wage levels are protected by a collective bargaining agreement. But if we assume …
A Good Old Habit, Or Just An Old One? Preferential Tax Treatment For Reorganizations, Yariv Brauner
A Good Old Habit, Or Just An Old One? Preferential Tax Treatment For Reorganizations, Yariv Brauner
BYU Law Review
No abstract provided.
Corporate Social Responsibility In A Global Economy After September 11: Profits, Freedom, And Human Rights, Frank René López
Corporate Social Responsibility In A Global Economy After September 11: Profits, Freedom, And Human Rights, Frank René López
Mercer Law Review
The world economy is now more integrated than ever before. With improved technology in communications and transportation and the explosion of new trade markets, such as the North American Free Trade Agreement ("NAFTA"), the United States has expanded its economic grip to countries all over the world. The United States is at the forefront of the ever-expanding global economy.
Globalization has enabled many U.S. companies to achieve incredible financial success. In fact, many global corporations are now enormous economic giants with economies that rival those of many developing countries. For example, in 2000 Exxon-Mobil's gross sales were $210.3 billion while …
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell
Lessons From The Rise And (Possible) Fall Of Chinese Township-Village Enterprises, Brett H. Mcdonnell
William & Mary Law Review
No abstract provided.
A Systems Approach To Corporate Governance Reform: Why Importing U.S. Corporate Law Isn't The Answer, Troy A. Paredes
A Systems Approach To Corporate Governance Reform: Why Importing U.S. Corporate Law Isn't The Answer, Troy A. Paredes
William & Mary Law Review
No abstract provided.
The Third Annual Albert A. Destefano Lecture On Corporate Securities & Financial Law, Kenneth M. Rosen, William Michael Treanor, Jill E. Fisch, Brandon Becker, Robert Colby, Richard Ketchum, Andrew Klein, Catherine Mcguire, Annette Nazareth, Lee A. Pickard
The Third Annual Albert A. Destefano Lecture On Corporate Securities & Financial Law, Kenneth M. Rosen, William Michael Treanor, Jill E. Fisch, Brandon Becker, Robert Colby, Richard Ketchum, Andrew Klein, Catherine Mcguire, Annette Nazareth, Lee A. Pickard
Fordham Journal of Corporate & Financial Law
No abstract provided.
Breaking The Market's Dependence On Independence: An Alternative To The "Independent" Outside Auditor, Peter Km Chan
Breaking The Market's Dependence On Independence: An Alternative To The "Independent" Outside Auditor, Peter Km Chan
Fordham Journal of Corporate & Financial Law
No abstract provided.
Mediating International Business Disputes, Daniel Q. Posin
Mediating International Business Disputes, Daniel Q. Posin
Fordham Journal of Corporate & Financial Law
No abstract provided.
Are Chinese Walls The Best Solution To The Problems Of Insider Trading And Conflicts Of Interest In Broker-Dealers?, Christopher M. Gorman
Are Chinese Walls The Best Solution To The Problems Of Insider Trading And Conflicts Of Interest In Broker-Dealers?, Christopher M. Gorman
Fordham Journal of Corporate & Financial Law
No abstract provided.
Glass-Steagall: The American Nightmare That Became The Israeli Dream, Ehud Ofer
Glass-Steagall: The American Nightmare That Became The Israeli Dream, Ehud Ofer
Fordham Journal of Corporate & Financial Law
No abstract provided.
Regulation Fd-Fairly Disruptive? An Increase In Capital Market Inefficiency, Peter Talosig Iii
Regulation Fd-Fairly Disruptive? An Increase In Capital Market Inefficiency, Peter Talosig Iii
Fordham Journal of Corporate & Financial Law
No abstract provided.