Law Commons^™

Feminist Thought And Corporate Law: It's Time To Find Our Way Up From The Bottom (Line), Ronnie Cohen

American University Journal of Gender, Social Policy & the Law

No abstract provided.

University Of Richmond Law Review

University of Richmond Law Review

No abstract provided.

New Myths And Old Realities: The American Law Institute Faces The Derivative Action, John C. Coffee Jr.

Faculty Scholarship

Nothing in The American Law Institute's (ALI) Principles of Corporate Governance: Analysis and Recommendations (Principles) proved more controversial than the effort to develop fair and balanced standards for the derivative action. Only the topic of corporate takeovers seems to evoke an equally intense level of emotion among corporate lawyers. Not surprisingly then, Part VII (Remedies) of the Principles attracted the same attention from critics that a lightning rod does in a thunderstorm.

Unlike other ALI Restatements, however, the Principles also encountered a professional opposition, which lobbied against its adoption, both inside and outside the ALI, on behalf of various outside …

Understanding The Japanese Keiretsu: Overlaps Between Corporate Governance And Industrial Organization, Ronald J. Gilson, Mark J. Roe

Faculty Scholarship

We aim here for a better understanding of the Japanese keiretsu. Our essential claim is that to understand the Japanese system – banks with extensive investment in industry and industry with extensive cross-ownership – we must understand the problems of industrial organization, not just the problems of corporate governance. The Japanese system, we assert, functions not only to harmonize the relationships among the corporation, its shareholders, and its senior managers, but also to facilitate productive efficiency.

Does The Reasonable Woman Exist And Does She Have Any Place In Hostile Environment Sexual Harrassment Claims Under Title Vii After Harris (Student Note), Liesa L. Richter

Faculty Articles

No abstract provided.

Section 902 Is Too Generous, George Mundstock

Articles

No abstract provided.

Annual Survey Of Virginia Law: Business And Corporate Law, Richard T. Horan Jr., Thomas E. Repke

University of Richmond Law Review

This article reviews recent developments in the law affecting Virginia businesses and corporations. Part II discusses recent judicial decisions in Virginia courts involving businesses and corporations. Part III discusses several acts of the 1993 session of the Virginia General Assembly that amend Virginia's corporate, partnership, limited liability company and securities act statutes.

Howing Co. V. Nationwide Corp.: The Sixth Circuit Provides The "Solution" To Virginia Bankshares' Causation Query, Campbell Connell

Kentucky Law Journal

No abstract provided.

Partnership Distributions: Whatever Happened To Nonrecognition?, Christopher H. Hanna

Kentucky Law Journal

No abstract provided.

Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis

Publications

No abstract provided.

The Charging Order: Conflicts Between Partners And Creditors, J. Dennis Hynes

Publications

No abstract provided.

Employee Benefits Up-Date: Coping With Chaos, Mark S. Dray

William & Mary Annual Tax Conference

No abstract provided.

Alternatives To Buy-Sell Agreements And Business Succession Planning, Myron E. Sildon

William & Mary Annual Tax Conference

No abstract provided.

Buy-Sell Agreements For The Family Owned Business: Practical Considerations And Planning Opportunities, Morton A. Harris

William & Mary Annual Tax Conference

No abstract provided.

Recent Developments Affecting Real Estate And Partnerships, Stefan F. Tucker

William & Mary Annual Tax Conference

No abstract provided.

Intangible Asset Depreciation: Newark And Section 197, Kenneth W. Gideon

William & Mary Annual Tax Conference

No abstract provided.

Individual And Collective Sovereignty In The Corporate Enterprise (Reviewing Frank H. Easterbrook & Daniel R. Fishel, The Economic Structure Of Corporate Law (1991) And Robert N. Bellah Et Al., The Good Society (1991), Lyman P. Q. Johnson

Scholarly Articles

Not available.

Business Associations, Paul A. Quirós, Lynn Scott Magruder

Mercer Law Review

This Article surveys noteworthy cases that the Georgia Court of Appeals, the Georgia Supreme Court, the United States district courts in Georgia, and the Eleventh Circuit Court of Appeals decided during the survey period. This Article also reviews important acts of the Georgia General Assembly concerning corporation, partnership, securities, and banking law.

The Lemonade Stand: Feminist And Other Reflections On The Limited Liability Of Corporate Shareholders, Theresa A. Gabaldon

Vanderbilt Law Review

The sultriness that was summer in D.C. blanketed the pedestrians returning to Capitol Hill. Trickling toward home through air that passively resisted, I almost overlooked a shape emerging from the haze of my own street. It might have been some atmospherically-induced apparition; rather, there, in the 1990s, in front of a well-kept urban rowhouse with door adorned by yuppie wreath, sat an immaculate child, seraphically presiding over a linen-covered table bearing a pitcher made of Tupperware. His neatly lettered sign, presumably prepared by an invisible caregiver in endorsement of his enterprise, read "Lemonade - 50 Cents."

The little boy with …

Utah Limited Liability Companies: The ''Ugly Ducklings", Keen L. Ellsworth

BYU Law Review

No abstract provided.

Department Of Corporations, S. Celaka Jr.

California Regulatory Law Reporter

No abstract provided.

A Critical Look At Corporate Governance, Lawrence E. Mitchell

Vanderbilt Law Review

The internal law of corporations is built upon the problem of competition-not competition with the world outside the corporate entity, which, according to liberal economic theory, is essential to the increase of wealth and well-being in society, but competition among the various groups of individuals that animate the corporation. The problem is (to extend the implicit metaphor) as if a human being's internal organs were constantly battling to capture all of the body's energy, rather than working together to contribute to the well-being of the whole. Like the human body, the corporation's "energy" (its assets) is, at any given point …

Untenable Status Of Corporate Governance Listing Standards Under The Securities Exchange Act, Douglas C. Michael

Law Faculty Scholarly Articles

United States securities markets operate under a system of supervised self-regulation created by the Securities Exchange Act of 1934 (Exchange Act). That system includes substantive regulation of the traders and the issuers of securities traded in those markets through the use of listing standards.

These listing standards have a unique status. They are part of a self-regulatory system, but are not classic self-regulation. The markets do not govern the traders of which it consists; rather, it governs outsiders—the issuers. The markets and the Securities and Exchange Commissions have sought to control issuers in ways not clearly related to trading in …

Department Of Corporations, W. C. Van Duyne

California Regulatory Law Reporter

No abstract provided.

An Improved Choice: The Virginia Limited Liability Company, James J. Wheaton

Faculty Publications

When the General Assembly adopted the Virginia Limited Liability Company Act (the "Act")' in 1991, Virginia joined just four other states in recognizing the potential of a relatively obscure business entity, the limited liability company ("LLC"). The LLC concept has spread rapidly since the adoption of the Virginia Act early last year. Three other states enacted LLC legislation in 1991, and in just the first few months of 1992, six more states followed the trend.

[...]

Although the number of LLCs formed in Virginia since the Virginia Act took effect last July displays the willingness of Virginia attorneys to recommend …

The Corporate Officer's Independent Duty As A Tonic For The Anemic Law Of Executive Compensation, Douglas C. Michael

Law Faculty Scholarly Articles

History repeats itself in the law as in other arenas. In the law of executive compensation, such a repetition may be imminent. Ever since the advent of the large industrial corporation in the United States, there has been periodic outrage at payments made to its top executives. This repetition suggests that the law has failed to keep pace with the observed problems. Part I of this Article describes the current and historic uproar over executive compensation in large corporations in the United States. Part II provides the economic background of the process of negotiating executive compensation. Part III analyzes the …

Life In The Boardroom After Firrea: A Revisionist Approach To Corporate Governance In Insured Depository Institutions, Mark David Wallace

University of Miami Law Review

No abstract provided.

Down Bankruptcy Lane, John D. Ayer

Michigan Law Review

A Review of Strategic Bankruptcy: How Corporations and Creditors Use Chapter 11 to Their Advantage by Kevin J. Delaney and Corporate Welfare by Laurence H. Kallen and A Feast for Lawyers/Inside Chapter 11: An Exposé by Sol Stein

Quarterly Report - Spring 1992, Nova University

The Quarterly Report

No abstract provided.

Countervailing Power—Different Rules For Different Markets? Conduct And Context In Antitrust Law And Economics, Barbara Ann White

All Faculty Scholarship

The focus of modern applications of economic reasoning to antitrust concerns has been on the more subtle efficiency or procompetitive dimensions of the scrutinized conduct. When any of these characteristics are discovered, the courts tend to find no antitrust violation.

Two major difficulties arise with this approach. First, efficiency or procompetitive aspects can almost always be uncovered in any corporate enterprise, creating the potential for legitimizing almost all business behavior. Second, the legal conclusions courts reach are typically couched in terms of the business practice itself; therefore, once upheld, that practice is implicitly validated for other unrelated marketplace scenarios. Indiscriminate …