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Full-Text Articles in Law

Anonymous Companies, William J. Moon Jan 2022

Anonymous Companies, William J. Moon

Faculty Scholarship

Hardly a day goes by without hearing about nefarious activities facilitated by anonymous “shell” companies. Often described as menaces to the financial system, the creation of business entities with no real operations in sun-drenched offshore jurisdictions offering “zero percent” tax rates remains in vogue among business titans, pop stars, multimillionaires, and royals. The trending headlines and academic accounts, however, have paid insufficient attention to the legal uses of anonymous companies that are both ubiquitous and almost infinite in their variations.

This Article identifies privacy as a functional feature of modern business entities by documenting the hidden virtues of anonymous companies—business …


Delaware's Global Competitiveness, William J. Moon Jan 2021

Delaware's Global Competitiveness, William J. Moon

Faculty Scholarship

For about a hundred years, Delaware has been the leading jurisdiction for corporate law in the United States. The state, which deliberately embarked on a mission to build a haven for corporate law in the early twentieth century, now supplies corporate charters to over two thirds of Fortune 500 companies and a growing share of closely held companies. But Delaware’s domestic dominance masks the important and yet underexamined issue of whether Delaware maintains its competitive edge globally.

This Article examines Delaware’s global competitiveness, documenting Delaware’s surprising weakness competing in the emerging international market for corporate charters. It does so principally …


Delaware's New Competition, William J. Moon Jan 2020

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …


The Criminalization Of Corporate Law, Lisa M. Fairfax Jan 2007

The Criminalization Of Corporate Law, Lisa M. Fairfax

Faculty Scholarship

No abstract provided.


Merck Kgaa V. Integra Lifesciences I Ltd.: How Broad Can You Go? The Supreme Court Makes Room For Preclinical Research In The Drug Price Competition And Patent Term Restoration Act's Safe Harbor Provision, Lauren B. Willis Jan 2007

Merck Kgaa V. Integra Lifesciences I Ltd.: How Broad Can You Go? The Supreme Court Makes Room For Preclinical Research In The Drug Price Competition And Patent Term Restoration Act's Safe Harbor Provision, Lauren B. Willis

Journal of Business & Technology Law

No abstract provided.


On The Prospects Of Deterring Corporate Crime, Geraldine Szott Moohr Jan 2007

On The Prospects Of Deterring Corporate Crime, Geraldine Szott Moohr

Journal of Business & Technology Law

No abstract provided.


Sarbanes-Oxley's Purported Over-Criminalization Of Corporate Offenders, Lisa H. Nicholson Jan 2007

Sarbanes-Oxley's Purported Over-Criminalization Of Corporate Offenders, Lisa H. Nicholson

Journal of Business & Technology Law

No abstract provided.


The Impact On Director And Officer Behavior, Douglas M. Branson Jan 2007

The Impact On Director And Officer Behavior, Douglas M. Branson

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, Jill Fisch Jan 2007

The Impact On Shareholders And Other Constituents, Jill Fisch

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, Brett Mcdonnell Jan 2007

The Impact On Shareholders And Other Constituents, Brett Mcdonnell

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, Jennifer O'Hare Jan 2007

The Impact On Shareholders And Other Constituents, Jennifer O'Hare

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Peter Henning Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Peter Henning

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Ellen S. Podgor Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Ellen S. Podgor

Journal of Business & Technology Law

No abstract provided.


Roundtable - The Criminalization Of Corporate Law - Foreword, Lisa M. Fairfax Jan 2007

Roundtable - The Criminalization Of Corporate Law - Foreword, Lisa M. Fairfax

Journal of Business & Technology Law

No abstract provided.


Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway Jan 2007

Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.


The Perils Of Criminalizing Agency Costs, Larry E. Ribstein Jan 2007

The Perils Of Criminalizing Agency Costs, Larry E. Ribstein

Journal of Business & Technology Law

No abstract provided.


Criminalization Of Corporate Law, David Anders Jan 2007

Criminalization Of Corporate Law, David Anders

Journal of Business & Technology Law

No abstract provided.


The Impact On Director And Officer Behavior, Donald Langevoort Jan 2007

The Impact On Director And Officer Behavior, Donald Langevoort

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, Christine Hurt Jan 2007

The Impact On Shareholders And Other Constituents, Christine Hurt

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Donna M. Nagy Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Donna M. Nagy

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, David Millon Jan 2007

The Impact On Shareholders And Other Constituents, David Millon

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, David Skeel Jr. Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, David Skeel Jr.

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Alan Palmiter Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Alan Palmiter

Journal of Business & Technology Law

No abstract provided.


The Fall And Rise Of Federal Corporation Law - Foreword, Richard A. Booth Jan 2007

The Fall And Rise Of Federal Corporation Law - Foreword, Richard A. Booth

Journal of Business & Technology Law

No abstract provided.


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 Jan 2000

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

Faculty Scholarship

Transcript of a panel on a scholar's approach to corporation law.


The Case For Federal Minimum Corporate Law Standards, Joel Seligman Jan 1990

The Case For Federal Minimum Corporate Law Standards, Joel Seligman

Maryland Law Review

No abstract provided.