Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Brooklyn Law School (29)
- Georgia State University College of Law (21)
- Seattle University School of Law (21)
- Columbia Law School (20)
- Singapore Management University (19)
-
- Fordham Law School (14)
- UC Law SF (14)
- University of Pennsylvania Carey Law School (14)
- Washington and Lee University School of Law (11)
- University of Miami Law School (10)
- Schulich School of Law, Dalhousie University (9)
- University of Maryland Francis King Carey School of Law (9)
- University of Cincinnati College of Law (7)
- Boston University School of Law (6)
- Cornell University Law School (6)
- Duke Law (6)
- Georgetown University Law Center (6)
- University of Michigan Law School (6)
- American University Washington College of Law (5)
- Loyola Marymount University and Loyola Law School (4)
- Maurer School of Law: Indiana University (4)
- Ministry of Higher and Secondary Specialized Education of the Republic of Uzbekistan (4)
- William & Mary Law School (4)
- Brigham Young University Law School (3)
- Case Western Reserve University School of Law (3)
- Northwestern Pritzker School of Law (3)
- Pepperdine University (3)
- Texas A&M University School of Law (3)
- University of Colorado Law School (3)
- University of Georgia School of Law (3)
- Keyword
-
- Corporate governance (25)
- Business (17)
- Corporations (16)
- Corporate (15)
- Corporate law (14)
-
- COVID-19 (13)
- Corporate law; corporate lawyers; ethics (11)
- Culture (8)
- Pandemic (8)
- Antitrust (7)
- Shareholders (7)
- Blockchain (6)
- Coronavirus (6)
- Corporation (6)
- Public health (6)
- SSRN (6)
- Shareholder (6)
- Contracts (5)
- Cryptocurrency (5)
- Delaware (5)
- Law (5)
- SEC (5)
- Singapore (5)
- Board (4)
- Competition (4)
- Corporate social responsibility (4)
- Diversity (4)
- Ethics (4)
- Financial regulation (4)
- Fraud (4)
- Publication
-
- Faculty Scholarship (46)
- Georgia Business Court Opinions (20)
- Seattle University Law Review (18)
- All Faculty Scholarship (16)
- Brooklyn Journal of Corporate, Financial & Commercial Law (16)
-
- Research Collection Yong Pung How School Of Law (16)
- UC Law Business Journal (14)
- Fordham Law Review (12)
- University of Miami Business Law Review (8)
- University of Cincinnati Law Review (7)
- Cornell Law Review (6)
- Washington and Lee Law Review (6)
- Georgetown Law Faculty Publications and Other Works (5)
- American University Business Law Review (4)
- Articles (4)
- Loyola of Los Angeles Law Review (4)
- Review of law sciences (4)
- William & Mary Business Law Review (4)
- Articles, Book Chapters, & Popular Press (3)
- Faculty Publications (3)
- Journal of Business & Technology Law (3)
- Law Faculty Scholarship (3)
- Maryland Law Review (3)
- Michigan Business & Entrepreneurial Law Review (3)
- Publications (3)
- Responsible Business Conduct and Impact Assessment Law (3)
- Seattle Journal for Social Justice (3)
- The Journal of Business, Entrepreneurship & the Law (3)
- Articles & Book Chapters (2)
- BYU Law Review (2)
- Publication Type
Articles 121 - 150 of 322
Full-Text Articles in Law
State-Owned Enterprises And Threats To National Security Under Investment Treaties, Mark Mclaughlin
State-Owned Enterprises And Threats To National Security Under Investment Treaties, Mark Mclaughlin
Research Collection Yong Pung How School Of Law
The internationalization of investment by State-owned enterprises is driving the evolution of foreign investment regulation throughout the Western world. National security lies at the heart of host State concerns, yet the contours of the concept remain indistinct. Consequently, State-owned enterprises are subject to differential legal standards that can be vague and ambiguous. This article considers whether, and under what circumstances, host State security measures targeting State-owned enterprises comply with obligations under investment treaties. Provision for pre-establishment national treatment and security exceptions will be crucial in balancing the autonomy afforded to host States to protect their national security, and guarding State-owned …
The Antitrust Case For Consumer Primacy In Corporate Governance, Ramsi A. Woodcock
The Antitrust Case For Consumer Primacy In Corporate Governance, Ramsi A. Woodcock
UC Irvine Law Review
Consumers have been left out of the great debate over the mission of the firm, in which advocates of shareholder value maximization face off against advocates of corporate social responsibility, who would allow management leeway to allocate profits to workers and other non-shareholder insiders of the firm. The consumer welfare standard adopted by antitrust law in the 1970s requires that firms allocate their profits neither to shareholders nor to workers or other firm insiders. Instead, the standard requires that firms strive to have no profits at all, by charging the lowest possible prices for their products. Such a profit-minimization requirement, …
Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud
Can Soft Words Lead To Strong Deeds? A Comparative Analysis Of Corporate Human Rights Commitments’ Enforcement, Adeline Michoud
Seattle Journal for Social Justice
No abstract provided.
Real You Meets Virtual You: It Is Time For Consumers To Regain Power Online, Neeka Hodaie
Real You Meets Virtual You: It Is Time For Consumers To Regain Power Online, Neeka Hodaie
Seattle Journal for Social Justice
No abstract provided.
Protecting The Individual Rights Of Nfl Players As Private Sector Employees, Derick Vranizan
Protecting The Individual Rights Of Nfl Players As Private Sector Employees, Derick Vranizan
Seattle Journal for Social Justice
No abstract provided.
The Global Sustainability Footprint Of Sovereign Wealth Funds, Hao Liang, Luc Renneboog
The Global Sustainability Footprint Of Sovereign Wealth Funds, Hao Liang, Luc Renneboog
Research Collection Lee Kong Chian School Of Business
With the emergence of sovereign wealth funds (SWFs) around the world managing equity of over $8 trillion, their impact on the corporate landscape and social welfare is being scrutinized. This study investigates whether and how SWFs incorporate environmental, social, and governance (ESG) considerations in their investment decisions in publicly listed corporations, as well as the subsequent evolution of target firms' ESG performance. We find that SWF funds do consider the level of past ESG performance as well as recent ESG score improvement when taking ownership stakes in listed companies. These results are driven by the SWF funds that do have …
Financing Our Future’S Health: Why The United States Must Establish Mandatory Climate-Related Financial Disclosure Requirements Aligned With The Tcfd Recommendations, Colin Myers
Pace Environmental Law Review
No abstract provided.
Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Sara L. Seck, Penelope Simons
Impact Assessment And Responsible Business Guidance Tools In The Extractive Sector: Implications For Human Rights, Gender And Stakeholder Engagement, Sara L. Seck, Penelope Simons
Responsible Business Conduct and Impact Assessment Law
This report aims to identify RBC tools referenced in the literature as relevant and/or promoted to Canadian extractive companies operating within and outside Canada. While not appraising or pronouncing on the quality of RBC tools, we consider the different actors that promote these diverse tools and whether there is a coherent framework for the efficient and effective application of current and future tools. We focus on RBC tools on human rights, stakeholder engagement, the rights of Indigenous peoples, and the rights of women and girls. Further, we review the position of scholars on the relationship between RBC and IA.
Artificial Entities With Natural Rights: Pursuing Profits At The Expense Of Human Capital, Loren M. Findlay
Artificial Entities With Natural Rights: Pursuing Profits At The Expense Of Human Capital, Loren M. Findlay
Washington and Lee Journal of Civil Rights and Social Justice
This Note explores the legal and constitutional rights granted to corporations and highlights how these corporate benefits are often at the expense of individuals. Over the past century, the corporation has evolved, taking on human-like characteristics. While many statutes and the Constitution use the word “person,” courts have inconsistently interpreted the definition of “person” in determining when it expands to corporations. In courts’ ad hoc analysis and interpretation, individuals get the metaphorical short-end of the stick.
The First Amendment of the Constitution was interpreted by the U.S. Supreme Court to afford the right of free speech to corporations in the …
All That Glitters Is Gold: The Regulation Of Hidden Advertisements And Undisclosed Sponsorships In The World Of Beauty Social Media Influencers, Ashley Luong
William & Mary Business Law Review
What happens when a trusted acquaintance is caught lying? What if these lies have influenced your purchasing decisions? In the realm of social media influencers, the line between authentic opinions and sponsored advertisements is a blurred one. Influencers have considerable marketing power over millions of followers and their brand of authenticity makes them a desirable partner to big corporations seeking to promote their products. Under current FTC regulations, the simplified rule for advertisement disclosure is to make the disclosure “clear and conspicuous” with very little guidance beyond that phrase. Influencers are uncertain how to disclose, some choosing to toe the …
Digital Accessibility In The Hospitality And Tourism Industry: Legal And Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, Dan Clapper
Digital Accessibility In The Hospitality And Tourism Industry: Legal And Ethical Considerations, Debra D. Burke, Kenneth J. Sanney, Dan Clapper
William & Mary Business Law Review
Federal law requires accessibility for public sector websites. What about the web pages and apps of hotels, restaurants, and tourism providers? The Americans with Disabilities Act may cover private sector websites if they are considered a place of public accommodation, but the law is unclear. This Article will provide an overview of the legal responsibilities of operators to provide accessibility to persons with disabilities, discuss the World Wide Web Consortium’s guidelines for web accessibility, and argue that the hospitality and tourism industry has a unique ethical obligation to fill in the gap where the legal system has failed this population.
Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky
Securities Exchange Act Section 4e(A): Toothless "Internal-Timing Directive" Or Statute Of Limitation?, Richard E. Brodsky
William & Mary Business Law Review
The Securities and Exchange Commission has a problem, and everyone knows it: its investigative process suffers from excessive delay, which harms both individuals and entity it investigates and its own enforcement program. This problem has long been recognized and complained about, but never remedied.
In 2010, Congress passed a law specifically designed to solve the problem of excessive delay but, the way the SEC has read the law—which has been acquiesced in by the courts and ignored by subsequent Congresses—has rendered it toothless and essentially meaningless. This has been accomplished, first, by the Commission’s cabined interpretation of the purpose of …
Business Ethics: Co-Opting Macro-Influences For Corporate Success, Aaron Loertscher
Business Ethics: Co-Opting Macro-Influences For Corporate Success, Aaron Loertscher
Marriott Student Review
Business ethics matter. Businesses can and should mitigate the macro-influences that their employees face to promote high ethical values which will in turn maximize shareholder value.
Mandating Women: Defending Sb 826 And Female Quotas In The Corporate Workplace, Lauren Kim
Mandating Women: Defending Sb 826 And Female Quotas In The Corporate Workplace, Lauren Kim
Loyola of Los Angeles Law Review
No abstract provided.
Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian
Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian
LLM Theses
As concerns about the negative impacts of sanctions on the human rights of civilians and the environment increases, it is necessary to reflect upon the lawfulness and legal status of such measures in international law, and their impact on business enterprises and the field of Business and Human Rights (BHR). While current academic literature tends to focus on implementation, enforcement and business compliance with unilateral and multilateral sanctions, the negative impacts of sanctions on non-state actors and resulting human rights violations are overlooked. Specifically, the relationship between sanctions law and the responsibility of businesses to respect human rights and the …
Genuine Incorporation Or Tax Avoidance?, Liu Hern Kuan, Vincent Ooi
Genuine Incorporation Or Tax Avoidance?, Liu Hern Kuan, Vincent Ooi
Research Collection Yong Pung How School Of Law
In 2018, two articles in The Straits Times described how some professionals were incorporating one or more companies in an attempt to gain tax advantages. The issue was the difference between the highest personal income tax rate of 22 per cent and the corporate tax rate of 17 per cent, which provided an opportunity for tax arbitrage. The Start-Up Tax Exemption Scheme and Partial Tax Exemption and the availability of corporate tax rebates (typically announced during the Budget) also contributed to making incorporating one or more companies more attractive. Since the articles were published, many professionals have attempted to justify …
Commercial Law Intersections, Giuliano Castellano, Andrea Tosato
Commercial Law Intersections, Giuliano Castellano, Andrea Tosato
All Faculty Scholarship
Commercial law is not a single, monolithic entity. It has grown into a dense thicket of subject-specific branches that govern a broad range of transactions and corporate actions. When one of these events falls concurrently within the purview of two or more of these commercial law branches - such as corporate law, intellectual property law, secured transactions law, conduct and prudential regulation - an overlap materializes. We refer to this legal phenomenon as a commercial law intersection (CLI). Some notable examples of transactions that feature CLIs include bank loans secured by shares, supply chain financing arrangements, patent cross-licensing, and blockchain-based …
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Fmc Corp. V. Shoshone-Bannock Tribes, Seth T. Bonilla
Public Land & Resources Law Review
In 1998, FMC Corporation agreed to submit to the Shoshone-Bannock Tribes’ permitting processes, including the payment of fees, for clean-up work required as part of consent decree negotiations with the Environmental Protection Agency. Then, in 2002, FMC refused to pay the Tribes under a permitting agreement entered into by both parties, even though the company continued to store hazardous waste on land within the Shoshone-Bannock Fort Hall Reservation in Idaho. FMC challenged the Tribes’ authority to enforce the $1.5 million permitting fees first in tribal court and later challenged the Tribes’ authority to exercise civil regulatory and adjudicatory jurisdiction over …
Maine Corporation Law & Practice, Gregory S. Fryer
Maine Corporation Law & Practice, Gregory S. Fryer
Maine Law Review
The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …
Maine Corporation Law & Practice, Gregory S. Fryer
Maine Corporation Law & Practice, Gregory S. Fryer
Maine Law Review
The scarcity of case law in Maine on corporate law issues of the day is a fact of life for corporate law practitioners in this State. While courts in more populous states fill library shelves with an ever-growing mix of corporate law decisions, we in Maine often can only wonder which way our own courts would turn if presented with those same issues. Faced with a limited amount of local case law, corporate lawyers here might rarely venture beyond well-hewn traditions were it not for two-and now three-fortunate developments. First and foremost is the Maine Business Corporation Act. The Act …
Vertical Merger Enforcement Actions: 1994–April 2020, Steven C. Salop, Daniel P. Culley
Vertical Merger Enforcement Actions: 1994–April 2020, Steven C. Salop, Daniel P. Culley
Georgetown Law Faculty Publications and Other Works
We have revised our earlier listing of vertical merger enforcement actions by the Department of Justice and Federal Trade Commission since 1994. This revised listing includes 66 vertical matters beginning in 1994 through April 2020. It includes challenges and certain proposed transactions that were abandoned in the face of Agency concerns. This listing can be treated as an Appendix to Steven C. Salop and Daniel P. Culley, Revising the Vertical Merger Guidelines: Policy Issues and an Interim Guide for Practitioners, 4 JOURNAL OF ANTITRUST ENFORCEMENT 1 (2016).
Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis
Commercial Trusts In U.S. Legal Thought: Historical Puzzles And Future Directions, Thomas P. Gallanis
University of Cincinnati Law Review
No abstract provided.
A Theory Of The Business Trust, Eric C. Chaffee
A Theory Of The Business Trust, Eric C. Chaffee
University of Cincinnati Law Review
No abstract provided.
Business Trusts In China: A Reality Check, Lusina Ho
Business Trusts In China: A Reality Check, Lusina Ho
University of Cincinnati Law Review
No abstract provided.
The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner
The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner
University of Cincinnati Law Review
No abstract provided.
The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary
The Oregon Stewardship Trust: A New Type Of Purpose Trust That Enables Steward-Ownership Of A Business, Susan N. Gary
University of Cincinnati Law Review
No abstract provided.
The New Fiduciaries, Natalya Shnitser
The New Fiduciaries, Natalya Shnitser
University of Cincinnati Law Review
The regulation of employer-sponsored retirement plans in the United States relies on fiduciary standards drawn from donative trust law to regulate the conduct of those with authority or discretion over plan assets. The mismatch between the trust-based fiduciary framework and the rights and interests of employers and employees has contributed to the high cost of pension fund investing and the significant gaps in pension coverage in the private sector. In recent years, state and local governments have stepped in to reduce the retirement coverage gap by creating state-facilitated retirement savings programs for private-sector workers who lack access to employment-based coverage. …
Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz
Indenture Trustee Duties: The Pre-Default Puzzle, Steven L. Schwarcz
University of Cincinnati Law Review
This Article addresses a topic at the intersection of finance, agency, contract, and trust law: the pre-default duties of an indenture trustee for bondholders. The existing scholarship on indenture trustee duties focuses on the post-default scenario, when the indenture trustee is required to act as a prudent person in like circumstances on behalf of the bondholders. No prior scholarship addresses an indenture trustee’s pre-default duties. It is critical to try to define those duties because activist investors in the $42-trillion-plus bond market increasingly are making pre-default demands on indenture trustees, requiring them to know how to respond.
Compliance Elites, Miriam Baer
Little Power Struggles Everywhere: Attacks On The Administrative State At The Securities And Exchange Commission, Roberta S. Karmel
Little Power Struggles Everywhere: Attacks On The Administrative State At The Securities And Exchange Commission, Roberta S. Karmel
Faculty Scholarship
No abstract provided.