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Selected Works

2015

Business Organizations Law

Corporation and Enterprise Law

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Full-Text Articles in Law

Corporate Natural Law: The Dominance Of Justice In A Codified World, Stuart R. Cohn Aug 2015

Corporate Natural Law: The Dominance Of Justice In A Codified World, Stuart R. Cohn

Stuart R. Cohn

One tends to think of corporate law as quite formalistic, bound by corporate statutes, articles of incorporation, bylaws, and customary rules of commercial conduct. While many aspects of corporate law are indeed so rule-bound, the truth is that the major issues facing directors, officers and shareholders, ranging from fiduciary duties to minority rights, are generally determined by much more amorphous principles of equity. Hence the notion of “corporate natural law.”

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Are "Legal" Marijuana Contracts "Illegal"?, Luke M. Scheuer Dec 2014

Are "Legal" Marijuana Contracts "Illegal"?, Luke M. Scheuer

Luke M Scheuer

America is currently in the midst of a “legal” marijuana business boom. In states which have legalized marijuana thousands of businesses have been created and are being openly operated despite the continued prohibition on their main product by the federal Controlled Substances Abuse Act. As a regular part of their business, these companies enter into contracts which violate the CSA, for example, every time they sell their main product. These businesses, and their stakeholders, rely upon the enforceability of these contracts in order to regulate their relationships. However, under the “illegality” or public policy defense to the enforcement of contracts …

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