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1993

Journal

Business Organizations Law

Institution
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Articles 1 - 30 of 53

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.


Shift Of Fiduciary Duty Upon Corporate Insolvency: Proper Scope Of Directors' Duty To Creditors, Laura Lin Nov 1993

Shift Of Fiduciary Duty Upon Corporate Insolvency: Proper Scope Of Directors' Duty To Creditors, Laura Lin

Vanderbilt Law Review

In the wake of the debt binge of the 1980s, the number of financially distressed corporations has increased dramatically.' Because a struggling company rarely ceases operations overnight, directors still need to make investment and operational decisions concerning the best use of the company's existing assets. This need remains whether the firm will regain profitability or will be liquidated. Financial distress also intensifies conflicts of interest between shareholders and creditors. Indeed, when these constituencies are unable to recover their investments in the corporation because of insufficient assets, both shareholders and creditors have incentives to maximize their individual returns regard- less of …


Department Of Corporations, M. Bontems Oct 1993

Department Of Corporations, M. Bontems

California Regulatory Law Reporter

No abstract provided.


Cooperative Joint Ventures In European Community Competition Law, Paul J. De Rosa Oct 1993

Cooperative Joint Ventures In European Community Competition Law, Paul J. De Rosa

Buffalo Law Review

No abstract provided.


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

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

Vanderbilt Law Review

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 …


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.


On The Frontier Of Capitalism: Implementation Of Humanomics By Modern Publicly Held Corporations: A Critical Assessment, Lewis D. Solomon Sep 1993

On The Frontier Of Capitalism: Implementation Of Humanomics By Modern Publicly Held Corporations: A Critical Assessment, Lewis D. Solomon

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.


The Entity Tax And Corporate Integration: An Agency Cost Analysis And A Call For A Deferred Distributions Tax, Jospeh A. Snoe Sep 1993

The Entity Tax And Corporate Integration: An Agency Cost Analysis And A Call For A Deferred Distributions Tax, Jospeh A. Snoe

University of Miami Law Review

No abstract provided.


Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton Sep 1993

Confronting The Ethical Case Against The Ethical Case For Constituency Rights, William W. Bratton

Washington and Lee Law Review

No abstract provided.


Situation-Specific Fiduciary Duties For Corporate Directors: Enforceable Obligations Or Toothless Ideals?, Rima Fawal Hartman Sep 1993

Situation-Specific Fiduciary Duties For Corporate Directors: Enforceable Obligations Or Toothless Ideals?, Rima Fawal Hartman

Washington and Lee Law Review

No abstract provided.


Should We Fire The Gatekeeper? An Examination Of The Doctrine Of Consideration, Mark B. Wessman Sep 1993

Should We Fire The Gatekeeper? An Examination Of The Doctrine Of Consideration, Mark B. Wessman

University of Miami 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.


Shareholders As Stakeholders: Changing Metaphors Of Corporate Governance, Ronald M. Green Sep 1993

Shareholders As Stakeholders: Changing Metaphors Of Corporate Governance, Ronald M. Green

Washington and Lee Law Review

No abstract provided.


In Defense Of The Shareholder Wealth Maximization Norm: A Reply To Professor Green, Stephen M. Bainbridge Sep 1993

In Defense Of The Shareholder Wealth Maximization Norm: A Reply To Professor Green, Stephen M. Bainbridge

Washington and Lee Law Review

No abstract provided.


Groundwork Of The Metaphysics Of Corporate Law, Lawrence E. Mitchell Sep 1993

Groundwork Of The Metaphysics Of Corporate Law, Lawrence E. Mitchell

Washington and Lee Law Review

No abstract provided.


A Socio-Economic Approach To The Japanese Corporate Governance Structure, Marleen A. O'Connor Sep 1993

A Socio-Economic Approach To The Japanese Corporate Governance Structure, Marleen A. O'Connor

Washington and Lee Law Review

No abstract provided.


The Modern Corporation: Private Agent Or Public Actor?, Alan Wolfe Sep 1993

The Modern Corporation: Private Agent Or Public Actor?, Alan Wolfe

Washington and Lee Law Review

No abstract provided.


What Difference Does It Make Whether Corporate Managers Have Public Responsibilities?, William H. Simon Sep 1993

What Difference Does It Make Whether Corporate Managers Have Public Responsibilities?, William H. Simon

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.


Department Of Corporations, S. Celatka Jr. Jul 1993

Department Of Corporations, S. Celatka Jr.

California Regulatory Law Reporter

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.


Accounting And The New Corporate Law, Joel Seligman Jun 1993

Accounting And The New Corporate Law, Joel Seligman

Washington and Lee Law Review

No abstract provided.


Activist Shareholders, Corporate Directors, And Institutional Investment: Some Lessons From The Robber Barons, Allen D. Boyer Jun 1993

Activist Shareholders, Corporate Directors, And Institutional Investment: Some Lessons From The Robber Barons, Allen D. Boyer

Washington and Lee Law Review

No abstract provided.


Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis Jun 1993

Thoughts Evoked By "Accounting And The New Corporate Law", Ted J. Fiflis

Washington and Lee Law Review

No abstract provided.


The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura May 1993

The Banking And Securities Scandals And Fundamental Theories Of Commercial Jurisprudence, Seiji Tanaka, Yutaka Nakamura

Washington International Law Journal

The recent Japanese banking and securities scandals are among the most serious events that the Japanese business community has ever experienced. This article, written by Professor Seiji Tanaka, and translated by Yutaka Nakamura, analyzes these events applying positive laws from Professor Tanaka's standpoint, emphasizing the social responsibilities that corporations should have in Japanese society. The article relies on the basic purposes and provisions of the Japanese Commercial and Civil Codes and establishes organic principles of social responsibility for Japanese corporations to follow. Finally, the article emphasizes that a high standard of conduct, based on these principles of social responsibility, is …