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Full-Text Articles in Law

Self-Handicapping And Managers' Duty Of Care, David A. Hoffman Jul 2007

Self-Handicapping And Managers' Duty Of Care, David A. Hoffman

David A Hoffman

This symposium essay focuses on the relationship between managers’ duty of care and self-handicapping, or constructing obstacles to performance with the goal of influencing subsequent explanations about outcomes. Conventional explanations for failures of caretaking by managers have focused on motives (greed) and incentives (agency costs). This account of manager behavior has led some modern jurists, concerned about recent corporate scandals, to advocate for stronger deterrent measures to realign manager and shareholder incentives. Self-handicapping theory, by contrast, teaches that bad manager behavior may occur even when incentives are well-aligned. Highly successful individuals in particular come to fear the pressure of replicating …


Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo Jul 2007

Legislation And Legitimation: Congress And Insider Trading In The 1980s, Thomas W. Joo

Indiana Law Journal

Orthodox corporate law and economics holds that American corporate and securities regulation has evolved inexorably toward economic efficiency. That position is difficult to square with the fact that regulation is the product of government actors and institutions. Indeed, the rational behavior assumptions of law and economics suggest that those actors and institutions would tend to place their own self-interest ahead of economic efficiency. This Article provides anecdotal evidence of such self interest at work. Based on an analysis of legislative history-primarily congressional hearings-this Article argues that Congress had little interest in the economic policy effect of insider trading legislation in …


New Principles For Company Law, Kent Greenfield Jun 2007

New Principles For Company Law, Kent Greenfield

Kent Greenfield

No abstract provided.


La Llamada Acción Individual De Responsabilidad "Externa" De Los Administradores Sociales. Segunda Edición. Jesús Alfaro Aguila-Real Indret: Revista Para El Análisis Del Derecho, Jesús Alfaro Águila-Real Jan 2007

La Llamada Acción Individual De Responsabilidad "Externa" De Los Administradores Sociales. Segunda Edición. Jesús Alfaro Aguila-Real Indret: Revista Para El Análisis Del Derecho, Jesús Alfaro Águila-Real

Jesús Alfaro Águila-Real

No abstract provided.


Delaware Strikes Back: Newcastle Partners And The Fight For State Corporate Autonomy, Michael W. Ott Jan 2007

Delaware Strikes Back: Newcastle Partners And The Fight For State Corporate Autonomy, Michael W. Ott

Indiana Law Journal

No abstract provided.