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Full-Text Articles in Law

Managing Risk On A $25 Million Bet: Venture Capital, Agency Costs, And The False Dichotomy Of The Corporation, Robert P. Bartlett Iii May 2006

Managing Risk On A $25 Million Bet: Venture Capital, Agency Costs, And The False Dichotomy Of The Corporation, Robert P. Bartlett Iii

ExpressO

An implicit dichotomy of the corporation exists in legal scholarship. On one side of the dichotomy rests the publicly-held corporation suffering from a significant conflict of interest between its managers and dispersed shareholders; on the other side, the closely-held corporation plagued by inter-shareholder conflict.

This Article argues that understanding the agency problems that can exist within a firm demands a rejection of this traditional dichotomy and the theories of the firm built upon it. Using venture capital finance, this Article demonstrates for the first time how this dichotomy obscures how all firms - public and private - often face the …


What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle Jan 2006

What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle

Eric A. Engle

Though in theory shareholders have several ways to influence their corporation's behavior, in practice they generally cannot. This may explain the absence of literature on binding governance mechanisms to protect human rights: remedies which theoretically exist are ineffective in practice. To remedy this problem, this article recommends that the few existing mechanisms should be used whenever possible, reformed to become better, and that the SEC should require companies to report on their human rights, environmental, and labor elations practices because that information is material to investment decisions. The risks can be shown in terms of cold cash: corporations which violate …


The Federalization Of Corporate Law, Norwood Beveridge Dec 2005

The Federalization Of Corporate Law, Norwood Beveridge

Norwood Beveridge

No abstract provided.


The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle Dec 2005

The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle

Eric A. Engle

The article outlines European Union company law -- the SE, insider trading, taxation and related regulations and directives of the European Union and notes the parallels between U.S. and E.U. insider trading law - E.U. insider trading law has been clearly formed by U.S. law and does parallel it.