Law Commons^™

Planning Opportunities After Chapter 14 (Section 2701 And 2702), Frederic A. Nicholson

William & Mary Annual Tax Conference

No abstract provided.

Business Associations, Paul A. Quirós, Lynn Scott Magruder

Mercer Law Review

This Article surveys noteworthy cases that Georgia appellate courts, the United States District Courts in Georgia, and the Eleventh Circuit Court of Appeals decided during the survey period as they relate to Georgia corporate, partnership, securities, and banking law. It also reviews important acts of the Georgia General Assembly concerning the areas of corporations, partnerships, securities, and banking law.

Racial Discrimination In Business Transactions, Robert E. Suggs

Faculty Scholarship

When the Supreme Court invalidated a municipal minority business set-aside in City of Richmond v. J.A. Croson Co., it failed to recognize the special circumstances confronting the minority entrepreneur. Contrary to the Court’s own erroneous assertion that “[s]tates and their local subdivisions have many legislative weapons at their disposal both to punish and prevent present [business] discrimination ….” – they do not. Nor can they create effective antidiscrimination remedies as a practical matter. As a result that decision leaves minority business owners vulnerable to discrimination from other business firms but without a remedy. Part I identifies the glaring failure …

Corporate Legal Theory Under The First Amendment: Bellotti And Austin, Charles D. Watts Jr.

University of Miami Law Review

No abstract provided.

Quarterly Report - Fall 1991, Nova University

The Quarterly Report

No abstract provided.

Department Of Corporations, W. C. Van Duyne

California Regulatory Law Reporter

No abstract provided.

Coase, Rents, And Opportunity Costs, Stewart J. Schwab

Cornell Law Faculty Publications

Professor Posin is to be congratulated on his recent article in this Review, "The Coase Theorem: If Pigs Could Fly," for creating a precise example that purports to disprove the Coase Theorem. Legal scholarship should strive more towards verifiable or falsifiable statements about the law. Of course, falsifiable statements are a risky strategy, and in this case the risk has materialized. Posin's claim—that his example shows a flaw in the Coase Theorem—is false.

Posin's claim is an especially bold one, for his example deals with a shifting legal entitlement between two producers. Most successful attacks on the Coase Theorem have …

Toward A Distinctive Canadian Corporate Law Regime, Ronald J. Daniels, Jeffrey G. Macintosh

Osgoode Hall Law Journal

In this article, the authors consider the impact of the institutional and market environment in which Canadian business operates on the structure of corporate and securities law. The authors argue that the linkages between markets and law have been neglected by scholars, judges, and regulators concerned with Canadian corporate and securities law, resulting in the adaption of approaches that are ill-suited to the Canadian environment. Canadian capital markets, for instance, are characterized by high levels of share ownership concentration, thin trading problems, intensive inter-corporate linkages, and possibly lower levels of efficiency. In sum, these factors make the problems occasioned by …

The Business Judgment Rule: How Much Board Deliberation Is Enough When A Board Is Under Time Constraints?-Citron V. Fairchild Camera And Instrument Corp., Jeffrey M. Moss

BYU Law Review

No abstract provided.

Department Of Corporations, E. Gassman

California Regulatory Law Reporter

No abstract provided.

A Rule Unvanquished: The New Value Exception To The Absolute Priority Rule, Clifford S. Harris

Michigan Law Review

This Note examines whether the new value exception remains part of the revised Bankruptcy Code. Part I discusses the background of the new value exception. Part II traces the development of the conflict concerning the survival of the new value exception subsequent to the adoption of the Code. It then discusses the Supreme Court's opinions in Mid/antic National Bank v. New Jersey Department of Environmental Protection and its progeny, which established the methodology for determining the impact of the revised Bankruptcy Code on preexisting bankruptcy law. Based on an analysis of the Midlantic doctrine, Part II concludes that Congress did …

The European Alternative To Uniformity In Corporation Laws, Alfred F. Conard

Michigan Law Review

Although the European Communities chose many patterns of business law that were parallel to the American, they deliberately rejected the American freedom of each state to frame its corporation law to suit itself. They decided to impose not complete uniformity, but a degree of "coordination" of "equivalent safeguards" that they deemed appropriate to the existence of an economic union. Leading commentators have described the process as "harmonization."

The decision to coordinate stimulates reflection on the relative merits of the American system of giving states a free choice of corporation regimes, restricted only marginally by federal securities regulation, and the European …

The Experience Of Article 2 Of The Uniform Commerical Code In West Virginia, Vincent P. Cardi

West Virginia Law Review

No abstract provided.

Constructive Discharge: A Suggested Standard For West Virginia And Other Jurisdictions, Mark W. Kelley

West Virginia Law Review

No abstract provided.

Department Of Corporations, E. Gassman

California Regulatory Law Reporter

No abstract provided.

Trade And Business Opportunities In Poland, Marek Kulczycki

Vanderbilt Journal of Transnational Law

Economic policies of the Polish Government are aimed at achieving two fundamental objectives. In the short run, the objective is rapid deceleration of high inflation and general stabilization of the Polish economy. In the long run, the objective is an irreversible transformation of the Polish economic system into a free market economy. Implementation of both policy objectives has been taking place simultaneously since January 1, 1990.

In the short term, the most important problem for us is the stabilization of the economy. Fighting inflation is perhaps the most urgent problem for us. If we cannot manage with this, it will …

Quarterly Report - Spring 1991, Nova University

The Quarterly Report

No abstract provided.

Strange Bedfellows: Corporate Fiduciaries And The General Law Compliance Obligation In Section 2.01(A) Of The American Law Institute's Principles Of Corporate Governance, Patrick J. Ryan

Washington Law Review

Business and corporate crime is a controversial social problem. Less well known is the extent to which corporate legal doctrine permits derivative litigation against corporate officials arising from deviance episodes. In this Article, Professor Ryan examines both the traditional applications of fiduciary obligation to corporate deviance and the American Law Institute's revised formulations in the still-unfinished Principles of Corporate Governance. His findings reveal the difficulties encountered in trying to enforce general legal obligations by means of corporate governance mechanisms. He predicts that the ex ante effects of the ALI provisions will be two in nature. First, fiduciary obligation and its …

Target Corporations, Hostile Horizontal Takeovers And Antitrust Injury Under Section 16 Of The Clayton Act After Cargill, Brent W. Huber

Indiana Law Journal

No abstract provided.

Three Policy Decisions Animate Revision Of Uniform Partnership Ac, Donald J. Weidner

Scholarly Publications

No abstract provided.

Redefining Corporate Law, David K. Millon

Scholarly Articles

None available.

Sovereignty Over Corporate Stock, Lyman P.Q. Johnson

Scholarly Articles

No abstract provided.

Department Of Corporations, E. Gassman

California Regulatory Law Reporter

No abstract provided.

Presumed Innocent: Illinois' Rejection Of Market Share Liability In Smith V. Eli Lilly & (And) Company Is Cause In Fact To Celebrate, 24 J. Marshall L. Rev. 869 (1991), Steven Bonanno

UIC Law Review

No abstract provided.

Voluntary Affirmative Action In Employment For Women And Minorities Under Title Vii Of The Civil Rights Act: Extending Possibilities For Employers To Engage In Preferential Treatment To Achieve Equal Employment Opportunity, 24 J. Marshall L. Rev. 731 (1991), Chris Engels

UIC Law Review

No abstract provided.

Changing The World Economies: A Model For Applying United States Countervailing Duty Law To Exported Products From A Unified Germany, 25 J. Marshall L. Rev. 81 (1991), Charles P. Romaker

UIC Law Review

No abstract provided.

Privity, Products Liability, And Ucc Warranties: A Retrospect Of And Prospects For Illinois Commercial Code 2-318, 25 J. Marshall L. Rev. 177 (1991), Steven Bonanno

UIC Law Review

No abstract provided.

Company Law In The European Community: Toward Supranational Incorporation, David C. Donald

Penn State International Law Review (1982 - 2011)

This article attempts to present each piece of legislation completely and individually in answer to the practical need to know what the law is, and what it requires. Yet, these measures also constitute significant elements in a monumental project, and thus the article will also indicate how each piece fits into the whole developing framework of a European law of business organizations. The first section will discuss the Community's ongoing efforts to harmonize the company law of the Member States, using the recently adopted Twelfth Council Company Law Directive as an example. This first section will distinguish the project of …

A Response To Elliot Richardson, 25 J. Marshall L. Rev. 33 (1991), George S. Spindler

UIC Law Review

No abstract provided.

Liability Of Officers, Directors And Stockholders Under Cercla: The Case For Adopting State Law, Richard G. Dennis

Villanova Law Review (1956 - )

No abstract provided.