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Articles 1 - 30 of 55
Full-Text Articles in Law
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon
David K. Millon
No abstract provided.
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
Corporate Law After Hobby Lobby, Lyman P. Q. Johnson, David K. Millon
David K. Millon
We evaluate the U.S. Supreme Court’s controversial decision in the Hobby Lobby case from the perspective of state corporate law. We argue that the Court is correct in holding that corporate law does not mandate that business corporations limit themselves to pursuit of profit. Rather, state law allows incorporation for any lawful purpose. We elaborate on this important point and also explain what it means for a corporation to “exercise religion.” In addition, we address the larger implications of the Court’s analysis for an accurate understanding both of state law’s essentially agnostic stance on the question of corporate purpose and …
Shareholder Primacy, The Main Barrier To Sustainable Companies: A Comparative Analysis Of Company Law, David Millon, A. Johnston, B. Sjåfjell, L. Anker-Sorensen
Shareholder Primacy, The Main Barrier To Sustainable Companies: A Comparative Analysis Of Company Law, David Millon, A. Johnston, B. Sjåfjell, L. Anker-Sorensen
David K. Millon
No abstract provided.
Corporate Social Responsibility And Sustainability, David Millon
Corporate Social Responsibility And Sustainability, David Millon
David K. Millon
No abstract provided.
Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, Lyman P. Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett Mcdonnell, Alan J. Meese, Nathan B. Oman
Comment On The Proposed Definition Of “Eligible Organization” For Purposes Of Coverage Of Certain Preventative Services Under The Affordable Care Act, Lyman P. Q. Johnson, David K. Millon, Stephen M. Bainbridge, Ronald J. Colombo, Brett Mcdonnell, Alan J. Meese, Nathan B. Oman
David K. Millon
In late August 2014, after suffering a defeat in the Supreme Court Hobby Lobby decision when the Court held that business corporations are “persons” that can “exercise religion,” the Department of Health and Human Services (“HHS”) proposed new rules defining “eligible organizations.” Purportedly designed to accommodate the Hobby Lobby ruling, the proposed rules do not comport with the reasoning of that important decision and they unjustifiably seek to permit only a small group of business corporations to be exempt from providing contraceptive coverage on religious grounds. This comment letter to the HHS about its proposed rules makes several theoretical and …
Radical Shareholder Primacy, David Millon
Shareholder Primacy In The Classroom After The Financial Crisis, David Millon
Shareholder Primacy In The Classroom After The Financial Crisis, David Millon
David K. Millon
No abstract provided.
Positivism In The Historiography Of The Common Law, David K. Millon
Positivism In The Historiography Of The Common Law, David K. Millon
David K. Millon
A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view. Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …
Circumspect Agatis Revisted, David K. Millon
The Case Beyond Time, Lyman P.Q. Johnson, David K. Millon
The Case Beyond Time, Lyman P.Q. Johnson, David K. Millon
David K. Millon
The Delaware Supreme Court's opinion in Paramount Communications, Inc. v. Time, Inc.' treats several important questions that arise in connection with hostile corporate takeovers. At the same time, it leaves three critical issues unanswered. In this article, we first briefly describe what the Time decision did, comparing Chancellor William Allen's somewhat discursive Chancery Court opinion with the more peremptory ruling of the Supreme Court. Next, we identify three unarticulated but potentially far-reaching implications of both the Supreme Court's and Chancellor Allen's reasoning that threaten to destabilize seemingly settled doctrine governing the conduct of target company management.
Piercing The Corporate Veil, Financial Responsibility, And The Limits Of Limited Liability, David K. Millon
Piercing The Corporate Veil, Financial Responsibility, And The Limits Of Limited Liability, David K. Millon
David K. Millon
Veil-piercing is the most heavily litigated issue in corporate law, yet legal doctrine in this area is notoriously incoherent. In this article, I argue that the only way to make sense of veil-piercing is through an accurate understanding of the policy underlying limited liability. Once that is appreciated it then becomes possible to make sense of the appropriate limits on limited liability. Piercing the corporate veil can then serve the useful function of distinguishing legitimate from illegitimate reliance on statutory limited liability. After surveying efficiency rationales for limited liability and finding them unpersuasive, I propose that the best way to …
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
David K. Millon
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
The Sherman Act And The Balance Of Power, David K. Millon
The Sherman Act And The Balance Of Power, David K. Millon
David K. Millon
None available.
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
David K. Millon
None available.
Redefining Corporate Law, David K. Millon
The First Antistrust Statute, David K. Millon
Juries, Judges And Democracy, (Reviewing Shannon C. Stimson, The American Revolution In The Law: Anglo-American Jurisprudence Before John Marshall (1990)), David K. Millon
David K. Millon
None available.
Positivism In The Historiography Of The Common Law, David K. Millon
Positivism In The Historiography Of The Common Law, David K. Millon
David K. Millon
A great deal of important legal historical scholarship is doctrinal in focus, its objective being to chart the history of substantive common law rules. In this Article, Professor Millon suggests that doctrinal legal history is based implicitly on the modern positivist theory of law as a system of state-endorsed rules designed to resolve disputes in a consistent, predictable manner. He questions the validity of efforts to write the history of the premodern common law from this theoretical point of view. Focusing on pre-seventeenth century civil cases, he finds that trial procedure seems to have allowed or even encouraged juries to …
Why Is Corporate Management Obsessed With Quarterly Earnings And What Should Be Done About It?, David K. Millon
Why Is Corporate Management Obsessed With Quarterly Earnings And What Should Be Done About It?, David K. Millon
David K. Millon
None available.
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
International Trade: Ftc Service Of Subpoena Abroad, David K. Millon
David K. Millon
None available.
Default Rules, Wealth Distribution, And Corporate Law Reform: Employment At Will Versus Job Security, David K. Millon
Default Rules, Wealth Distribution, And Corporate Law Reform: Employment At Will Versus Job Security, David K. Millon
David K. Millon
None available.
Redefining Corporate Law, David K. Millon
The Sherman Act And The Balance Of Power, David K. Millon
The Sherman Act And The Balance Of Power, David K. Millon
David K. Millon
None available.
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, David K. Millon
Criminalization Of Corporate Law: The Impact On Shareholders And Other Constituents, David K. Millon
David K. Millon
None available.
Circumspect Agatis Revisted, David K. Millon
The Impact On Shareholders And Other Constituents, David Millon
The Impact On Shareholders And Other Constituents, David Millon
David K. Millon
No abstract provided.
Piercing The Corporate Veil, Financial Responsibility, And The Limits Of Limited Liability, David K. Millon
Piercing The Corporate Veil, Financial Responsibility, And The Limits Of Limited Liability, David K. Millon
David K. Millon
Veil-piercing is the most heavily litigated issue in corporate law, yet legal doctrine in this area is notoriously incoherent. In this article, I argue that the only way to make sense of veil-piercing is through an accurate understanding of the policy underlying limited liability. Once that is appreciated it then becomes possible to make sense of the appropriate limits on limited liability. Piercing the corporate veil can then serve the useful function of distinguishing legitimate from illegitimate reliance on statutory limited liability. After surveying efficiency rationales for limited liability and finding them unpersuasive, I propose that the best way to …
New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon
New Game Plan Or Business As Usual? A Critique Of The Team Production Model Of Corporate Law, David K. Millon
David K. Millon
None available.
Objectivity And Democracy, David K. Millon
Objectivity And Democracy, David K. Millon
David K. Millon
As a response to skepticism about the possibility of objectivity in legal decisionmaking conventionalism posits the shared understandings of the legal profession (about method and the implications of doctrine) as the source of constraint in legal interpretation. In this Article, Professor Millon argues that conventionalism's proponents have failed to offer an adequate account of interpretive constraint, but that conventionalism properly understood can nevertheless provide a useful perspective on the possibility of objectivity in legal interpretation. This account locates interpretive constraint in the practices of the legal profession as a whole, acting as an "interpretive community" or constituting a distinctive "language-game" …
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
Book Review, (Reviewing Norman Doe, Fundamental Authority In Late Medieval English Law (1990)), David K. Millon
David K. Millon
None available.