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Full-Text Articles in Law
Toward Unifying Ownership And Control In The Public Corporation, George W. Dent
Toward Unifying Ownership And Control In The Public Corporation, George W. Dent
Faculty Publications
In 1932, Adolf Berle and Gardiner Means published the seminal book, The Modern Corporation and Private Property. This work set forth the thesis that corporate law's central dilemma has been the separation of ownership and control in publicly held corporations. Over the years, the Berle-Means thesis has been tossed aside by critics who argue that economic forces compel managers to act as if the shareholders were in control and by those who welcome the idea that managers are able to exercise their more enlightened business acumen. On the other hand, those who share concerns over the separation of ownership and …
Expert Witnesses, Paul C. Giannelli
Proxy Regulation In Search Of A Purpose, George W. Dent
Proxy Regulation In Search Of A Purpose, George W. Dent
Faculty Publications
Changing conditions often force us to rethink the role of a law. Professor Ryan's scholarly article, Rule 14a-8, Institutional Shareholder Proposals, and Corporate Democracy,underscores this need. His article is useful for both its successes and its failures. Its principal failure is its inability to identify a general justification for the rule. This is helpful; the failure of an intelligent and deter- mined advocate to find a persuasive defense of the rule confirms that no defense is possible. The article succeeds principally in showing how institutional investors have recently used the rule in ways that put the rule in a new …
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Impeachment Of Witnesses: Part Ii, Paul C. Giannelli
Faculty Publications
No abstract provided.
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
U.S. Supreme Court: The 1988-1989 Term, Paul C. Giannelli
Faculty Publications
No abstract provided.
Impeachment Of Witnesses: Part I, Paul C. Giannelli
Impeachment Of Witnesses: Part I, Paul C. Giannelli
Faculty Publications
No abstract provided.
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Stepping Out Of The Morass Of Duress Cases: A Suggested Policy Guide, Juliet P. Kostritsky
Faculty Publications
Traditional coercion theories and elements are simply inadequate as an exclusive focus of analysis in duress cases. This Article does not propose a new theory of duress. Instead, it suggests a refinement of doctrine in which the courts candidly articulate certain key policy goals and develop elements based on them. These policy goals include efficiency, disclosure of unexpected risks, judicial capability, reliance, and economic incentives. If decisionmakers adopted the policy analyses suggested here, the predictability of judicial decisionmaking would be enhanced and a supplemental analysis would be available when the doctrinal elements become difficult to apply. Moreover, this approach would …
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Age-Based Rationing And Technological Development, Maxwell J. Mehlman
Faculty Publications
Comment on Daniel Callahan's "Setting Limits."