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Articles 1 - 4 of 4

Full-Text Articles in Law

Scrooge—The Reluctant Stakeholder, Benedict C. Sheehy Aug 2005

Scrooge—The Reluctant Stakeholder, Benedict C. Sheehy

Benedict Sheehy

Abstract: Corporations law around the world is moving in the direction of the shareholder primacy model, common in the USA and other common law countries. Lawyers, academics and public policy analysts are divided as to the merits of the model and its main competitor, the stakeholder model. The gist of arguments usually hinge on economics. This article examines the claims for and against the two models on their own terms, and suggests that law has a unique contribution to make to the development of the corporation and society.


Predictions, Projections, And Precautions: Conveying Cautionary Warnings In Corporate Forward-Looking Statements, Susanna Ripken Jan 2005

Predictions, Projections, And Precautions: Conveying Cautionary Warnings In Corporate Forward-Looking Statements, Susanna Ripken

Susanna K. Ripken

This article discusses the problems that are created when corporate insiders make public predictions about the future prospects of their business. Investors crave these types of forward-looking corporate disclosures because investors use them to make judgments about the future profitability of companies. Corporations, however, are often reluctant to make predictions and projections because sometimes the predictions fail to come true, and investors may then sue corporations for misleading the market. Congress enacted a controversial statutory safe harbor designed to encourage corporations to make forward-looking statements. The safe harbor immunizes corporations from liability so long as they include meaningful cautionary warnings …


Corporate Officers And The Business Judgment Rule: A Reply To Professor Johnson, Lawrence A. Hamermesh, A. Gilchrist Sparks Jan 2005

Corporate Officers And The Business Judgment Rule: A Reply To Professor Johnson, Lawrence A. Hamermesh, A. Gilchrist Sparks

Lawrence A. Hamermesh

No abstract provided.


Guess Who’S Coming To Dinner: The Bankruptcy Trustee's Ability To Become A Member Of An Llc And The Ehmann Decision, Thomas Geu, Thomas Rutledge Dec 2004

Guess Who’S Coming To Dinner: The Bankruptcy Trustee's Ability To Become A Member Of An Llc And The Ehmann Decision, Thomas Geu, Thomas Rutledge

Thomas E. Geu

No abstract provided.