Law Commons^™

Book Review, Frederick E.J. Pizzedaz

Cleveland State Law Review

Reviewing Marian R. Freemont-Smith, Foundations and Government: State and Federal Law and Supervision, Russell Sage Foundation, 1965

Removal Of The Corporate Director During His Term Of Office, Arthur H. Travers Jr.

Publications

The traditional rules governing the removal of corporate directors have evolved so as to insulate the board of directors from the shareholders who elect them. Professor Travers in his article examines initially the interests being advanced by protecting the board members from removal by their electorate. He then critically analyzes the law as it relates to these interests in order to suggest a more rational approach.

The Corporate Principal Place Of Business: A Resolution And Revision, J. Clifton Fleming Jr.

Faculty Scholarship

No abstract provided.

Book Review Of Statutes, Cases And Materials On The Law Of Corporations And Other Business Enterprises, Webster Myers Jr

Journal of Legal Education

No abstract provided.

Book Review Of Cases And Materials On Business Organization, Robert N. Covington

Journal of Legal Education

No abstract provided.

Depreciation And The Reserve Ratio Test, J. Timothy Phillips

West Virginia Law Review

No abstract provided.

Fiduciary Ideology In Transactions Affecting Corporate Control, Victor Brudney

Michigan Law Review

The fiduciary role in which corporate insiders are cast in their dealings with, or affecting, their corporations embraces a multitude of parts. Hence the range of restrictions on their conduct varies from inhibitions as rigorous as those imposed on express trustees to limitations almost as flexible as those governing arm's length dealings among strangers. As has often been pointed out, the characterization of a corporate officer, a director, or a person controlling the corporation as a "fiduciary" does not define his status with precision; rather, it sets a tone to his role and suggests the existence of obligations and of …

The Financial Provisions Of The New Washington Business Corporation Act [Part 2], Richard O. Kummert

Washington Law Review

Continuing the analysis of the new Washington Business Corporation Act begun in the April 1966 issue of the Review, Professor Kummert explores and compares the asset distribution regulations under the new and old acts

Industrial And Commercial Loans And Guarantees For New Or Expanding Business Under The Public Works And Economic Development Act Of 1965, James M. Roberts

West Virginia Law Review

In his pivotal primary victory over Hubert Humphrey, President John F. Kennedy pledged that he would lend vigorous assistance to the impoverished coal mining regions of West Virginia to alleviate their economic distress. In fulfillment of this pledge, Congress passed and President Kennedy signed into law in May, 1961, the Area Redevelopment Act in order to "establish an effective program to alleviate conditions of substantial and persistent unemployment and underemployment in certain economically distressed areas." The Area Redevelopment Act created an experimental pilot program within the Department of Commerce to accomplish the above purpose through a system of government loans …

The Trustee And The N.L.R.B. - The Administration Of Labor Contracts In Straight Bankruptcy And Corporate Reorganization, S. Strother Smith Iii, Allan Zaleski

William & Mary Law Review

No abstract provided.

New Importance For Section 482 Of The Internal Revenue Code, Robert N. Lent

William & Mary Law Review

No abstract provided.

The Financial Provisions Of The New Washington Business Corporation Act [Part 1], Richard O. Kummert

Washington Law Review

The Model Business Corporation Act adopted by Washington during the 1965 Legislative Session becomes effective July 1, 1967. The financial provisions of the New Act are in many respects very complex and will be a matter of concern to local counsel in their efforts to prospectively arrange for the transition from the old to the New Act. The author, in the following pages, which represent the first half of a two-part article, explores the general philosophy, policy decisions and detailed provisions of the financial sections of the New Act. The second half of the article will be published in a …

Income Tax--Corporate Reorganizations-Spin-Offs, Raymond Albert Hinerman

West Virginia Law Review

No abstract provided.

Forerunners Of The Public Authority, Robert J. Tilden

William & Mary Law Review

No abstract provided.

Corporations - Standard Of Care For Directors And Officers - Pennsylvania Business Corporation Law § 408, John R. Kenrick

Duquesne Law Review

he Supreme Court of Pennsylvania has held that Section 408 imposes on the directors and officers of a business corporation a degree of care significantly higher than that existing prior to its enactment.

Selheimer v. Manganese Corp. of America, 423 Pa. 563, 224 A.2d 634(1966).

Right Of Directors To Inspect Corporate Books And Records, Martin G. Mcguinn Jr.

Villanova Law Review (1956 - )

No abstract provided.

Refusal Of Charter Of A Non-Profit Corporation, David A. Zeitzheim

Cleveland State Law Review

Every state has provisions relating to the formation of non- profit corporations. The procedure for forming a non-profit corporation is similar to that of organizing a corporation for profit. The purpose of this note is to summarize the reasons for which a non-profit corporate charter may be refused by a state.

Book Review, Joseph Stearns

Cleveland State Law Review

Reviewing Howard L. Oleck, Non-profit Corporations, Organizations and Associations, 2d.ed., Prentice Hall Inc., 1965

The Close Corporation And The Colorado Lawyer, F. Hodge O'Neal, Lanty L. Smith

Faculty Scholarship

http://www.heinonline.org/HOL/Page?handle=hein.journals/ucollr39&div=24&collection=journals

Actions By A Sole Stockholder Of A Corporation, Julius E. Kovacs

Cleveland State Law Review

The law regarding sole shareholders' actions appears to be very clear. In most cases the corporate wrong can only be redressed by the corporation itself and in the corporate name. The few exceptions appear to have been allowed in good conscience by courts of equity, with each case being decided on its own merits. While other areas of the law are constantly changing, the law with respect to sole shareholders' actions has remained stable, with no indications that any changes will take place in the immediate future.

Taxation Of Foreign Incorporated Pocketbooks With Nonresident Alien Shareholders, William D. Popkin

Articles by Maurer Faculty

No abstract provided.

Corporation--Stockholder's Derivative Suits--Verification Requirement Of Federal Rule 23(B), Richard O. Stevenson

Kentucky Law Journal

No abstract provided.

Small Business Growth And Survival During The First Two Years, Kurt B. Mayer, Sidney Goldstein

Vanderbilt Law Review

In summary, analysis of the businesses observed in this study reveals that certain conditions are more likely to have fatal effects on a business venture than others. Undercapitalization, managerial in-competence, and personality defects appear to be insurmountable liabilities which cannot be mitigated by the presence of the other assets. Although adequate capital and managerial competence are indispensable for survival, they are rarely sufficient in themselves to insure it. They must be supplemented by other factors, such as motivation, hard work, persistence, and flexibility.

Managerial Problems Of The Enterprise, Douglas C. Basil

Vanderbilt Law Review

The small firm, particularly the newly formed one, is confronted with problems ranging from the shortage of capital to the legal intricacies of organizational form. The technical obstacle of raising capital, obtaining sales outlets, and purchasing equipment must be surmounted. In the final analysis, however, the success of a small business depends upon the managerial ability of its owner.' The purpose of this article is to identify a few of the major management problems of the small enterprise and suggest appropriate solutions. One continuous difficulty is the structuring of the organization. At what point should staff specialization occur? What are …

Agency—Principal Held Notified Through Agent Acting For Both Seller And Purchaser Of Real Property, Michael Swart

Buffalo Law Review

Farr v. Newman, 14 N.Y.2d 183, 199 N.E.2d 369, 250 N.Y.S.2d 272 (1964).

A Symposium On Small Business, Eugene P. Foley

Vanderbilt Law Review

The diversified composition of small business frequently causes those unfamiliar with small business problems to despair of finding means to strengthen this vital segment of our economy. What can be done to help such an amorphous group develop a form that can withstand the pressures of a competitive society? There is no specialized material with which a small business can be coated, like a space capsule, to make it resistant to the heat and stresses of risk-taking in a profit and loss economy.

Financing -- A Major Problem Of Small Business, Joseph T. Howell Jr.

Vanderbilt Law Review

It is imperative that a definitive study of small business include a discourse on financing.' Generally, the first consideration of a prospective entrepreneur is the availability of sufficient capital, borrowed or paid-in, to support the activity of his business. Of paramount importance, however, to those who attempt to assess the prospects of survival and future growth of a company is the recognition that all considerations are secondary to the human factor. The careful banker, while requiring collateral to secure a loan, depends on his estimation of the applicant's personality traits. While the adequacy of capital contributes to the success of …

Prologue, Joe L. Evins Mc

Vanderbilt Law Review

A more vivid awareness of the significance of small business to the economic structure of the nation must be cultivated. Those who have examined the role of the small businessman in our economy have emphasized repeatedly that a strong small business sector is essential to the preservation of our free enterprise system, the maintenance of a balance of economic and political power, and the assurance of a constant flow of new ideas and vigor into that system.

When Will The Corporate Form Save Taxes?, Richard L. Strecker

Vanderbilt Law Review

While major emphasis will be placed upon the tax considerations involved in answering the question posed by the title, the broader problem is aptly stated in the familiar phrase, "Choice of Business Form."' It is not possible to consider this problem realistically without taking into account the context of the business and private law considerations which must enter into the decision, and may indeed be controlling over the tax factors. Therefore, the question, "When Will the Corporate Form Save Taxes?" will be discussed in the light of the full legal and business milieu.

Business Organizations In The Philippines, Sulpicio Guevara

Washington Law Review

The Philippines is a developing nation, but development has not been as rapid as in other countries devastated by the last world war. Consequently, it is the avowed policy of the Philippines to attract foreign capital and investments, preferably under "joint-business ventures" with Filipino capitalists and entrepreneurs. The greatest deterrent to foreign investment in the Philippines was the foreign exchange controls instituted in 1949 to protect the country's deteriorating foreign exchange international reserve. However, the Central Bank of the Philippines abolished controls on foreign exchange, and business in the Philippines is now operating under a climate of comparative free enterprise.