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Full-Text Articles in Law
Corporate Social Responsibility And Workers’ Rights, Lance A. Compa
Corporate Social Responsibility And Workers’ Rights, Lance A. Compa
Lance A Compa
[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …
The Neoclassical Crisis In U.S. Competition Policy, 1890-1960, Herbert Hovenkamp
The Neoclassical Crisis In U.S. Competition Policy, 1890-1960, Herbert Hovenkamp
Herbert Hovenkamp
ABSTRACT The development of marginalist, or neoclassical, economics led to a fifty-year long crisis in competition policy. Given an industrial structure with sufficient fixed costs, competition always became "ruinous," forcing firms to cut prices to marginal cost without sufficient revenue remaining to pay off investment. Early neoclassicists such as Alfred Marshall were not able to solve this problem. As a result many early twentieth century economists were hostile toward the antitrust laws. The ruinous competition debate came to an abrupt end in the early 1930's, when economists Joan Robinson in Great Britain and particularly Edward Chamberlin in the United States …
Women And The "New" Corporate Governance, Lisa M. Fairfax, Paula A. Monopoli
Women And The "New" Corporate Governance, Lisa M. Fairfax, Paula A. Monopoli
Paula A Monopoli
No abstract provided.
Blueprint For Teaching Skills In Practicum And Seminar Courses Using Technology, Andrea L. Johnson
Blueprint For Teaching Skills In Practicum And Seminar Courses Using Technology, Andrea L. Johnson
Andrea L Johnson
Abstract: “Blueprint for Teaching Skills in Practicum and Seminar Courses Using Technology” By Professor Andrea L. Johnson, alj@cwsl.edu California Western School of Law 225 Cedar St. San Diego, CA 92101 (619) 525-1474 This article focuses on how to teach skills in practicum and seminar courses using technology. The author conducted a Classroom Assessment Study (“Study”) with 126 students in Business Planning and Telecommunications between 2006-2008. Classroom Assessment is a concept in higher education that uses feedback from students about how they learn from different teaching methods to help them learn skills more effectively. The Study deconstructs the classroom experience using …
For-Profit Philanthropy, Dana Brakman Reiser
For-Profit Philanthropy, Dana Brakman Reiser
Dana Brakman Reiser
This essay examines Google’s adoption of the novel and unorthodox for-profit philanthropy model. Google created a division of its for-profit company that is tasked with pursuing philanthropic activities. Specifically, this division is responsible for addressing the global issues of climate change, poverty, and emerging diseases. Of course, companies have long blended philanthropic and business objectives. They make contributions, commit to corporate social responsibility, or even form as social enterprises. For-profit philanthropy, though, differs from these familiar techniques in both structure and scale. Likewise, for-profit philanthropy stands in stark contrast to the nonprofit, tax-exempt form of organization typically used by those …
Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From Central Bank To Stoneridge Investment Partners, Charles W. Murdock
Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From Central Bank To Stoneridge Investment Partners, Charles W. Murdock
Charles W. Murdock
The main thrust of this article is that courts and legislatures, particularly the past Republican Congresses and the Supreme Court, as well as lower federal courts, are biased in favor of management; moreover that their failure to hold management to account has emboldened management to engage in illicit behavior and has led to supineness, or worse, by gatekeepers, such as accountants and boards of directors. The willingness of federal courts to disregard blatant corruption and give crooks a free pass by engaging in outcome determinative decision making and strained interpretations of the law is epitomized in the recent decision of …
Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From Central Bank To Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc. [Rev’D 7/6/08], Charles W. Murdock
Charles W. Murdock
The main thrust of this article is that courts and legislatures, particularly the past Republican Congresses and the Supreme Court, as well as lower federal courts, are biased in favor of management; moreover that their failure to hold management to account has emboldened management to engage in illicit behavior and has led to supineness, or worse, by gatekeepers, such as accountants and boards of directors. The willingness of federal courts to disregard blatant corruption and give crooks a free pass by engaging in outcome determinative decision making and strained interpretations of the law is epitomized in the recent decision of …
Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From Central Bank To Stoneridge Investment Partners, Charles W. Murdock
Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From Central Bank To Stoneridge Investment Partners, Charles W. Murdock
Charles W. Murdock
The main thrust of this article is that courts and legislatures, particularly the past Republican Congresses and the Supreme Court, as well as lower federal courts, are biased in favor of management; moreover that their failure to hold management to account has emboldened management to engage in illicit behavior and has led to supineness, or worse, by gatekeepers, such as accountants and boards of directors. The willingness of federal courts to disregard blatant corruption and give crooks a free pass by engaging in outcome determinative decision making and strained interpretations of the law is epitomized in the recent decision of …
Multiple Personalities Incorporated: Accepting The Multi-Dimensional Personhood Of The Modern Corporation, Susanna K. Ripken
Multiple Personalities Incorporated: Accepting The Multi-Dimensional Personhood Of The Modern Corporation, Susanna K. Ripken
Susanna K. Ripken
One of the most intriguing debates in corporate law is over the personhood of corporations. For years, corporate theorists have tried to construct a complete and coherent theory of the corporate person. Some have argued that the corporation is merely a fictional, artificial person that exists only as a concession of state law. Others have asserted that the corporation is a real, independent person that has an ontological existence and identity of its own. The popular theoretical paradigm today is that the corporation is neither an artificial nor a real person; it is merely a nexus of contracts among the …
The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch
The Direction Of Corporate Law: The Scholars' Perspective, John C. Coffee Jr., Richard A. Booth Marbury Research Professor Of Law, R. Franklin Balotti, David C. Mcbride, Edward P. Welch
Richard A Booth
Transcript of a panel on a scholar's approach to corporation law.
Reaffirming The Rights Of Foreign Investors To The Protection Of Icsid Arbitration: Sempra Energy International V. The Argentine Republic, Daniel Krawiec
Reaffirming The Rights Of Foreign Investors To The Protection Of Icsid Arbitration: Sempra Energy International V. The Argentine Republic, Daniel Krawiec
Daniel A Krawiec II
Earlier this decade, the Argentine government responded to a substantial domestic economic crises by passing several emergency laws and unilaterally changing the terms of its investment agreements with foreign investors. Sempra v. Argentine Republic is an important case because the tribunal decisively reaffirmed the right to ICSID arbitration for American investors harmed by Argentina’s actions. Furthermore, the tribunal held that the U.S.-Argentina bilateral investment treaty provided substantial substantive investment protection.
Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From Central Bank To Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.., Charles W. Murdock
Corporate Corruption And The Complicity Of Congress And The Supreme Court - The Tortuous Path From Central Bank To Stoneridge Investment Partners, Llc V. Scientific-Atlanta, Inc.., Charles W. Murdock
Charles W. Murdock
This article asserts that Congress and the federal courts are complicit in the widespread corporate corruption that has come to light this past decade. It begins by exploring the notion of bias and then chronicles judicial developments which have protected corporate officials, who have engaged in securities fraud and other wrongful conduct, at the expense of innocent shareholders and investors. It also analyzes the public policy in favor of corruption embodied in the Private Litigation Securities Reform Act, and the actions of federal courts in expanding the protection of PLSRA even beyond that dictated by the language of the statute. …
Protecting Financial Markets: Lessons From The Subprime Mortgage Meltdown, Steven L. Schwarcz
Protecting Financial Markets: Lessons From The Subprime Mortgage Meltdown, Steven L. Schwarcz
Steven L Schwarcz
Why did the recent subprime mortgage meltdown undermine financial market stability notwithstanding the protections provided by market norms and financial regulation? This article attempts to answer that question by identifying anomalies and obvious protections that failed to work, and then by examining hypotheses that might explain the anomalies and failures. The resulting explanations provide critical insights into protecting financial markets.
Book Review: Huse, Boards, Governance And Value Creation, Donal C. Wells
Book Review: Huse, Boards, Governance And Value Creation, Donal C. Wells
Donal C Wells
Morten Huse's new book brings together his years of studies and commentary on the function of corporate boards. Perhaps its most provocative contents are studies relating to Norway's requirement that public- and private-sector corporate boards include at least 40% women. The generally salutary results he reports support arguments that greater board diversity can have a prophylactic effect against corporate fraud, profligacy and other harmful behaviors. This book review focuses on Huse's included studies of women serving as directors.
‘Baby Boomers’ And The Branding Of Political Speech: An Unintended Consequence Of Bono’S Red Campaign, Robert E. Koulish
‘Baby Boomers’ And The Branding Of Political Speech: An Unintended Consequence Of Bono’S Red Campaign, Robert E. Koulish
Robert E. Koulish
In this paper I will examine the likely demise of the commercial speech doctrine. The paper examines Bono's Red Campaign and cause related marketing as a case study to reveal how the supreme court is likely to vote on commercial speech the next time it visits the issue. The Court came close to overthrowing the doctrine in its 2002 Nike non-decision. Next time out, the Court is likely to blur the distinction between commercial speech and political speech, and thus give corporations the right of personhood to mislead consumers in advertising, marketing and public relations. The demise of commercial speech …
Auction Rate Securities: Mechanics And Turmoil, Sachin Raval
Auction Rate Securities: Mechanics And Turmoil, Sachin Raval
Sachin R Raval
This study's objective was to understand the origins, mechanics and recent turmoil of the Auction Rate Securities market. Prior to the 2008 collapse, the ARS market had a successful 20-year history. Many investors believed that auction rate securities were cash equivalents with above market yields. Unfortunately, due to the credit crunch, these securities became illiquid, as no buyers were willing to take existing holders' positions. Furthermore, the clearing rate or interest rate of these securities is set through a Dutch auction. In 2006, the SEC conducted a probe of the ARS market. This probe revealed that broker/dealers prevented failed auctions …
Entrepreneurs On Horseback: Reflections On The Organization Of Law, Darian M. Ibrahim
Entrepreneurs On Horseback: Reflections On The Organization Of Law, Darian M. Ibrahim
Darian M Ibrahim
“Law and entrepreneurship” is an emerging field of study. Skeptics might wonder whether law and entrepreneurship is a variant of that old canard, the Law of the Horse. In this Essay, we defend law and entrepreneurship against that charge and urge legal scholars to become even more engaged in the wide-ranging scholarly discourse regarding entrepreneurship. In making our case, we argue that research at the intersection of entrepreneurship and law is distinctive. In some instances, legal rules and practices are tailored to the entrepreneurial context, and in other instances, general rules of law find novel expression in the entrepreneurial context. …
The Trouble With Stockjobbers: The South Sea Bubble, The Press And The Legislative Regulation Of The Markets, Benedict Sheehy
The Trouble With Stockjobbers: The South Sea Bubble, The Press And The Legislative Regulation Of The Markets, Benedict Sheehy
Benedict Sheehy
Abstract: The South Sea Bubble Act of 1721 is often taken as the first securities legislation. Further it is understood to be a response to a stock market scandal. In fact, the Act was enacted prior to the scandal and indeed the likely cause of the collapse of the stock bubble itself. This article reviews the historical context, including the finance of government of the era, the development of the South Sea Company and its bubble, the legislation, burst and subsequent effects. It places securities legislation in its historical context as part of a broader movement in corporate law, shifting …