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Articles 1 - 18 of 18

Full-Text Articles in Law

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese Nov 1993

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

William & Mary Bill of Rights Journal

No abstract provided.


Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter Nov 1993

Labor Law Successorship: A Corporate Law Approach, Edward B. Rock, Michael L. Wachter

Michigan Law Review

In this article, we take an approach fundamentally different from that of the labor law commentators. We start from a broader perspective than is common: successorship is as important an issue for corporate law as it is for labor law. Given that the two principal inputs to the firm are labor and capital, it would be surprising if the laws for labor law successorship were completely different from the laws for corporate law successorship. To the extent that differences exist, those differences should hinge upon differences between the employees' and the creditors' relationships with the firm.


In Critique Of A Reductivist Conception And Examination Of "The Just Organization", Charles D. Watts, Jr. Sep 1993

In Critique Of A Reductivist Conception And Examination Of "The Just Organization", Charles D. Watts, Jr.

Washington and Lee Law Review

No abstract provided.


The Complexity And Legitimacy Of Corporate Law, Eric W. Orts Sep 1993

The Complexity And Legitimacy Of Corporate Law, Eric W. Orts

Washington and Lee Law Review

No abstract provided.


The Just Organization: Creating And Maintaining Justice In Work Environments, Karen L. Newman Sep 1993

The Just Organization: Creating And Maintaining Justice In Work Environments, Karen L. Newman

Washington and Lee Law Review

No abstract provided.


New Directions In Corporate Law Communitarians, Contractarians, And The Crisis In Corporate Law, David K. Millon Sep 1993

New Directions In Corporate Law Communitarians, Contractarians, And The Crisis In Corporate Law, David K. Millon

Washington and Lee Law Review

No abstract provided.


Contracts And Communities In Corporation Law, William T. Allen Sep 1993

Contracts And Communities In Corporation Law, William T. Allen

Washington and Lee Law Review

No abstract provided.


Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe's Paper, Charles Yablon Sep 1993

Modern Corporate Theory: Public Utility Or Private Part? A Comment On Professor Wolfe's Paper, Charles Yablon

Washington and Lee Law Review

No abstract provided.


New Approaches To Corporate Law, Lyman P. Q. Johnson Sep 1993

New Approaches To Corporate Law, Lyman P. Q. Johnson

Washington and Lee Law Review

No abstract provided.


Private Codes Of Corporate Conduct: Should The Fox Guard The Henhouse?, Mark B. Baker Jul 1993

Private Codes Of Corporate Conduct: Should The Fox Guard The Henhouse?, Mark B. Baker

University of Miami Inter-American Law Review

No abstract provided.


Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll Jan 1993

Taxing Prometheus: How The Corporate Interest Deduction Discourages Innovation And Risk-Taking, Michael S. Knoll

All Faculty Scholarship

This paper uses recent developments in the theory of optimal capital structure to demonstrate how the federal corporate income tax with an interest deduction, but without a corresponding dividend deduction, misallocates capital within the corporate sector by encouraging investment in low-risk, low-growth projects employing tangible assets over high-risk, high-growth projects employing intangible assets.


Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr. Jan 1993

Withdrawal And Expulsion In Germany: A Comparative Perspective On The "Close Corporation Problem", Hugh T. Scogin Jr.

Michigan Journal of International Law

This article will examine the German legal system's experience with fashioning remedies for the "close corporation problem" and the underlying concepts that have shaped these remedies. Part I will trace the growth of the doctrines of withdrawal and expulsion in the context of Germany's troubled history. Part II will compare German and U.S. approaches on both practical and conceptual levels. On one level, the focus of the article is narrow. It deals with specific, technical solutions to only the most extreme examples of the close corporation problem. Such cases are not frequently litigated. Their doctrines do, however, constitute default rules …


State Aids And European Community Law, Hans-Jorg Niemeyer Jan 1993

State Aids And European Community Law, Hans-Jorg Niemeyer

Michigan Journal of International Law

This article provides an overview of EC State aid rules, focusing on recent Commission policy and recent judgments of the Court of Justice on State aids. In Part I, some general points, such as what may constitute a State aid, are considered. In Part II, the procedural aspects are dealt with in more detail, with emphasis on the notification process, and the procedure for reviewing State aids. Part III examines the recovery of illegally granted aids, and the defenses a beneficiary may assert. Next, Part IV sets out the remedies available for breach of the State aid rules, including the …


Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg Jan 1993

Sanctifying Secrecy: The Mythology Of The Corporate Attorney-Client Privilege, Elizabeth G. Thornburg

Faculty Journal Articles and Book Chapters

This article surveys the traditional justifications for giving corporations the benefit of attorney-client privilege. It rejects both moral and utilitarian explanations and argues that, far from being beneficial or benign, the privilege actually does great harm to the truth-seeking function of litigation and imposes tremendous transaction costs on the litigants and on the judicial system as a whole.


Making America Competitive, Mark J. Loewenstein Jan 1993

Making America Competitive, Mark J. Loewenstein

Publications

No abstract provided.


From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch Jan 1993

From Legitimacy To Logic: Reconstructing Proxy Regulation, Jill E. Fisch

All Faculty Scholarship

On October 16, 1992, after a comprehensive review of its system of proxy regulation and after two separate amendment proposals that drew more than 1700 letters of comment from the public, the Securities and Exchange Commission (the "Commission" or the "SEC") voted to reform the federal proxy rules. The reforms were "intended to facilitate shareholder communications and to enhance informed proxy voting, and to reduce the cost of compliance with the proxy rules for all persons engaged in a proxy solicitation.' The SEC explained the amendments by stating that the rules were "impeding shareholder communication and participation in the corporate …


Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton Jan 1993

Self-Regulation, Normative Choice, And The Structure Of Corporate Fiduciary Law, William W. Bratton

All Faculty Scholarship

No abstract provided.


Recent Cases, "Preemption Doctrine After Cipollone", Renee Jones Dec 1992

Recent Cases, "Preemption Doctrine After Cipollone", Renee Jones

Renee Jones

No abstract provided.