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Banking and Finance Law

1998

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Full-Text Articles in Law

An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr. Jan 1998

An Evolutionary Theory Of Corporate Law And Corporate Bankruptcy, David A. Skeel Jr.

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In this Article, Professor Skeel argues that the important recent literature exploring historical and political influences on American corporate law has neglected a crucial component of corporate governance: corporate bankruptcy. Only by appreciating the complementary relationship between corporate law and corporate bankruptcy can we understand how corporate governance operates in any given nation. To show this, the Article contrasts American corporate governance with that of Japan and Germany. America's market-driven corporate governance can only function effectively if the bankruptcy framework includes a manager-driven reorganization option. The relational shareholding that characterizes Japanese and German corporate governance, by contrast, requires a much …


Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr. Jan 1998

Bankruptcy Judges And Bankruptcy Venue: Some Thoughts On Delaware, David A. Skeel Jr.

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No abstract provided.