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Full-Text Articles in Law

Asset Securitization And Corporate Risk Allocation, Christopher W. Frost Nov 1997

Asset Securitization And Corporate Risk Allocation, Christopher W. Frost

Law Faculty Scholarly Articles

Asset securitization is a financial innovation in which corporations sell financial assets to a specially formed entity that in turn taps financial markets for the purchase price. The device provides firms an alternative to raising capital through traditional debt and equity markets. Practitioners of the approach tout securitization as a means through which a firm can lower its overall cost of capital by limiting the risk facing investors in the securitized assets. Commentators have described asset securitization as "one of the most important financing vehicles in the United States." Interest in the device is increasing dramatically as more companies see …


West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen Sep 1997

West Virginia Corporate Law: Is It "Broke"?, Debra R. Cohen

West Virginia Law Review

No abstract provided.


Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren Sep 1997

Is Chapter 11 Too Favorable To Debtors? Evidence From Abroad, Theodore Eisenberg, Stefan Sundgren

Cornell Law Faculty Publications

Chapter 11 is widely believed to be among the industrialized world's most debtor-oriented reorganization laws. Critics assert that Chapter 11 is too easily available and that it allows debtors too much control by, inter alia, not requiring appointment of a trustee. One criticism of Chapter 11, low returns to unsecured creditors, resonates with an important theme of this Symposium, the Bebchuk-Fried proposal to reduce secured creditor priority in insolvency proceedings. The Chapter 11 criticisms and the Bebchuk-Fried proposal raise the question whether less easy access to Chapter 11, reduced debtor control, diminished secured creditor priority, or other changes could reduce …


A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel Jul 1997

A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel

Faculty Scholarship

No abstract provided.


The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar Jul 1997

The Definition Of Voting Stock And The Computation Of Voting Power Under Sections 368(C) And 1504(A): Recent Developments And Tax Lore, Stuart G. Lazar

Journal Articles

Although the concepts of "voting stock" and "voting power" are pervasive throughout the Code, until recently, courts, commentators and the Service have devoted minimal energy to demystifying the confusion surrounding the definition of voting stock and even less to expanding upon the methodology of computing voting power. Recent developments, however, may prompt practitioners to take a second look at these terms. While a 1995 decision by the Tax Court adds little to the existing body of authority with respect to the determination of the owner of voting stock, the Service's analysis of the voting power requirement in a 1994 private …


Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden Jun 1997

Schizophrenia Among Carriers: How Common And Private Carriers Trade Places, Rob Frieden

Michigan Telecommunications & Technology Law Review

This article will examine court cases and actions by the Federal Communications Commission (FCC) that distort the traditional concepts of common and private carriage by establishing new rights and responsibilities previously applicable to the other category of carrier. This article will also consider the feasibility of (a) maintaining the traditional common carrier regulatory model and (b) continuing the application of that model to basic services provided by local exchange carriers (LECs). This is especially important as LECs qualify to become private carriers tapping new market opportunities, even within the same geographical region where they provide basic services. Finally, this article …


Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner Jun 1997

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Scholarly Publications

No abstract provided.


Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner Jun 1997

Cadwalader, Rupa And Fiduciary Duty, Donald J. Weidner

Washington and Lee Law Review

No abstract provided.


Checkmate, The Treasury Finally Surrenders: The Check-The-Box Treasury Regulations And Their Effect On Entity Classification, Thomas M. Hayes Jun 1997

Checkmate, The Treasury Finally Surrenders: The Check-The-Box Treasury Regulations And Their Effect On Entity Classification, Thomas M. Hayes

Washington and Lee Law Review

No abstract provided.


1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson May 1997

1997 Business Law Institute: Advising Your Business Client, Oregon Law Institute, Robert K. Winger, Steven C. Alberty, Nancy J. Brown, Sylvia E. Stevens, Andrea Bartoloni, Tifani M. Parrilli, James L. Knoll, Beth R. Skillern, Linda M. Bolduan, Gary W. Glisson, David P. Peterson

Oregon Law Institute, 1997

Course Materials from the May 2, 1997 Program in Portland


Mergers In Western Coal Markets: Conforming Antitrust Analysis To The New Reality, Mark A. Glick, David G. Mangum, Raymond J. Etcheverry Apr 1997

Mergers In Western Coal Markets: Conforming Antitrust Analysis To The New Reality, Mark A. Glick, David G. Mangum, Raymond J. Etcheverry

West Virginia Law Review

No abstract provided.


Worth Its Weight In Gold: Legal Analysis Of The Current Appraisal Of Coal Property In West Virginia, Ryan J. Morgan Apr 1997

Worth Its Weight In Gold: Legal Analysis Of The Current Appraisal Of Coal Property In West Virginia, Ryan J. Morgan

West Virginia Law Review

No abstract provided.


The Proper Role Of The Estate And Gift Taxation Of Closely Held Businesses, Eric D. Chason, Robert T. Danforth Apr 1997

The Proper Role Of The Estate And Gift Taxation Of Closely Held Businesses, Eric D. Chason, Robert T. Danforth

Faculty Publications

The authors argue that the goals of estate and gift taxation are not served by taxing closely held businesses when the recipient of the business actively participates in its operation. Further, the authors suggest that taxing closely held businesses tends to harm capital production. The authors propose an approach to estate and gift taxation that encourages productive behavior by the recipients of wealth.


Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr. Apr 1997

Introduction To This Symposium And A Guide To Issues In Mergers And Acquisitions, Samuel C. Thompson Jr.

University of Miami Law Review

No abstract provided.


Plain English-Changing The Corporate Culture, Isaac C. Hunt Jr. Apr 1997

Plain English-Changing The Corporate Culture, Isaac C. Hunt Jr.

University of Miami Law Review

No abstract provided.


Selected Risk Issues In Merger And Acquisition Transactions, Howard L. Schecter Apr 1997

Selected Risk Issues In Merger And Acquisition Transactions, Howard L. Schecter

University of Miami Law Review

No abstract provided.


Toward A Cohesive International Approach To Cross-Border Takeover Regulation, Edward F. Greene, Andrew Curran, David A. Christman Apr 1997

Toward A Cohesive International Approach To Cross-Border Takeover Regulation, Edward F. Greene, Andrew Curran, David A. Christman

University of Miami Law Review

No abstract provided.


The Director's Duty Of Care In Negotiated Dispositions, Melvin Aron Eisenberg Apr 1997

The Director's Duty Of Care In Negotiated Dispositions, Melvin Aron Eisenberg

University of Miami Law Review

No abstract provided.


The Bylaw Battlefield: Can Institutions Change The Outcome Of Corporate Control Contests?, John C. Coffee Jr. Apr 1997

The Bylaw Battlefield: Can Institutions Change The Outcome Of Corporate Control Contests?, John C. Coffee Jr.

University of Miami Law Review

No abstract provided.


Defensive Measures In Anticipation Of And In Response To Unsolicited Takeover Proposals, Dennis J. Block, Jonathan M. Hoff, H. Esther Cochran Apr 1997

Defensive Measures In Anticipation Of And In Response To Unsolicited Takeover Proposals, Dennis J. Block, Jonathan M. Hoff, H. Esther Cochran

University of Miami Law Review

No abstract provided.


The Impact Of State Statutes And Continuing Director Rights Plans, Daniel A. Neff Apr 1997

The Impact Of State Statutes And Continuing Director Rights Plans, Daniel A. Neff

University of Miami Law Review

No abstract provided.


Would The Csx/Conrail Express Have Derailed In Delaware? A Comparative Analysis Of Lock-Up Provisions Under Delaware And Pennsylvania Law, Vincent F. Garrity Jr., Mark A. Morton Apr 1997

Would The Csx/Conrail Express Have Derailed In Delaware? A Comparative Analysis Of Lock-Up Provisions Under Delaware And Pennsylvania Law, Vincent F. Garrity Jr., Mark A. Morton

University of Miami Law Review

No abstract provided.


Merger Agreements Under Delaware Law - When Can Directors Change Their Minds?, A. Gilchrist Sparks Iii Apr 1997

Merger Agreements Under Delaware Law - When Can Directors Change Their Minds?, A. Gilchrist Sparks Iii

University of Miami Law Review

No abstract provided.


Summary Of Acquisition Agreements, Lou R. Kling, Eilen Nugent Simon, Michael Goldman Apr 1997

Summary Of Acquisition Agreements, Lou R. Kling, Eilen Nugent Simon, Michael Goldman

University of Miami Law Review

No abstract provided.


Practical Guide To Forming A Partnership In Utah, John W. Welch Mar 1997

Practical Guide To Forming A Partnership In Utah, John W. Welch

Brigham Young University Journal of Public Law

No abstract provided.


Cycles And Pendulums: Good Faith, Norms, And The Commons, Claire Moore Dickerson Mar 1997

Cycles And Pendulums: Good Faith, Norms, And The Commons, Claire Moore Dickerson

Washington and Lee Law Review

No abstract provided.


Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott Mar 1997

Agency And The Unincorporated Firm: Reflections On Design On The Same Plane Of Interest, Deborah A. Demott

Washington and Lee Law Review

No abstract provided.


New Forms And New Balances: Organizing The External Relations Of The Unincorporated Firm, Robert W. Hillman Mar 1997

New Forms And New Balances: Organizing The External Relations Of The Unincorporated Firm, Robert W. Hillman

Washington and Lee Law Review

No abstract provided.


Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein Mar 1997

Fiduciary Duty Contracts In Unincorporated Firms, Larry E. Ribstein

Washington and Lee Law Review

No abstract provided.


"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal Mar 1997

"Assume A Rather Large Boat . . ": The Mess We Have Made Of Partnership Law, Allan W. Vestal

Washington and Lee Law Review

No abstract provided.