Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Alcoa v. Essex (1)
- Contract law (1)
- Contract price (1)
- Corporate law (1)
- Corporate management (1)
-
- Derivative litigation (1)
- Economic theory of agency (1)
- Firm culture (1)
- Firm-specific capital (1)
- Human capital (1)
- Income splitting (1)
- Internal organization (1)
- Joint fee shifting (1)
- Judicial approval (1)
- Law & Contemporary Problems (1)
- Legal services (1)
- Nuisance actions (1)
- Portfolio theory (1)
- Price adjustment (1)
- Private contracts (1)
- Profit sharing (1)
- Shareholder litigation (1)
- Stanford Law Review (1)
- Strike suit (1)
- Wisconsin Law Review (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.
The Unfaithful Champion: The Plaintiff As Monitor In Shareholder Litigation, John C. Coffee Jr.
Faculty Scholarship
When the legal history of the 1970's is written, it will note a significant shift in the way courts perceived shareholder litigation. Only a generation ago, the Supreme Court described the derivative action as "the chief regulator of corporate management." Even into the 1960's, those issues involving shareholder litigation that percolated up to the Supreme Court were typically resolved so as to extend the availability of a litigation remedy by removing arbitrary or overbroad barriers to the plaintiff.
Price Adjustment In Long-Term Contracts, Victor P. Goldberg
Price Adjustment In Long-Term Contracts, Victor P. Goldberg
Faculty Scholarship
After parties enter into a contract, changed circumstance might result in one of them being dissatisfied with the price. Anticipating this, the parties could include a price adjustment mechanism in the agreement. If the mechanism is imperfect, some dissatisfaction will remain. This dissatisfaction may result in litigation with the dissatisfied party asking the court either to excuse performance or revise the contract price. For example, large changes in fuel prices since 1973 generated considerable litigation.
In this paper, I suggest a framework for analyzing price adjustment in private contracts. Contrary to most economists and lawyers, I argue that price adjustment …
Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin
Sharing Among The Human Capitalists: An Economic Inquiry Into The Corporate Law Firm And How Partners Split Profits, Ronald J. Gilson, Robert H. Mnookin
Faculty Scholarship
Large corporate law firms seem to be in a state of extraordinary flux. Success and failure are both on the rise. Large firms appear to supply a substantial and growing proportion of the legal services consumed by American business enterprises and to hire a significant fraction of the graduating classes of elite American law schools. Moreover, the last twenty years have witnessed a remarkable expansion in both the number of large firms and the absolute size of the biggest. But accompanying this striking success, there are also signs of serious institutional instability. During the last few years, several previously successful …