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Full-Text Articles in Law
Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
Clark Memorandum: Fall 2023, J. Reuben Clark Law School, Byu Law School Alumni Association, J. Reuben Clark Law Society
The Clark Memorandum
- Five Ways Law School Contributes to Life’s True Purpose
- Faith in Law: A Q&A with President Dallin H. Oaks
- Personal Religious Conviction and the Practice of Law
Interested Voting, Matteo Gatti
Interested Voting, Matteo Gatti
BYU Law Review
Corporate law is attentive to transactions with a controlling shareholder, but such transactions hardly cover all instances in which an interested shareholder may harm the corporation by casting a pivotal vote to pass a resolution. Interested votes cast by directors, managers, acquirers, cross-holders, arbitrageurs, institutional investors, hedge funds, and several other actors can be as detrimental as votes by a controlling shareholder. Yet, despite the ever growing influence of shareholders in corporate governance, interested voting has received scant attention.
This Article is the first to offer a systematic mapping of interested voting based on type of shareholder and type of …
Gender, Credentials, And M&A, Tracey E. George, Mitu Gulati, Albert Yoon
Gender, Credentials, And M&A, Tracey E. George, Mitu Gulati, Albert Yoon
BYU Law Review
For the past several decades, women have made up roughly half of law school classes and the ranks of entering law firm associates. Attrition between entry to law firms and partnership results in women comprising 20% to 25% of partners. But is there yet more attrition to the top of the partnership pyramid? Analyzing the past decade of data on publicly filed M&A deals and detailed biographical information of M&A lawyers, we find that women make up fewer than 10% of deal leaders. When we look at the factors that determine who becomes a deal leader, we find that credentials—both …
The Failure Of Market Efficiency, William Magnuson
The Failure Of Market Efficiency, William Magnuson
BYU Law Review
Recent years have witnessed the near total triumph of market efficiency as a regulatory goal. Policymakers regularly proclaim their devotion to ensuring efficient capital markets. Courts use market efficiency as a guiding light for crafting legal doctrine. And scholars have explored in great depth the mechanisms of market efficiency and the role of law in promoting it. There is strong evidence that, at least on some metrics, our capital markets are indeed more efficient than they have ever been. But the pursuit of efficiency has come at a cost. By focusing our attention narrowly on economic efficiency concerns—such as competition, …