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Articles 1 - 6 of 6
Full-Text Articles in Law
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Faculty Scholarship
This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …
Partners Without Power - A Preliminary Look At Black Partners In Corporate Law Firms, David B. Wilkins
Partners Without Power - A Preliminary Look At Black Partners In Corporate Law Firms, David B. Wilkins
Journal of the Institute for the Study of Legal Ethics
No abstract provided.
Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen
Too Much And Too Little: A Bankruptcy Balancing Act, Michael C. Stoffregen
Missouri Law Review
This is a case of too much and too little. It represents one court's attempt to deal with problems created by too much Congressional guidance in one area of the Bankruptcy Code and too little guidance in another. In 1994, Congress revised 11 U.S.C. § 106, adding a provision declaring that when a state files a claim in a bankruptcy proceeding, it has waived its sovereign immunity as to that claim.2 Two years later, the United States Supreme Court,.in Seminole Tribe v. Florida,3 limited Congress's power to expand Article I judicial powers to the Eleventh Amendment . The In re …
A Plumber's Guide To Lawyering, Stephen P. Wink
A Plumber's Guide To Lawyering, Stephen P. Wink
Fordham Urban Law Journal
We accept as the natural way that some must lose if others are to win; that some must go hungry, while others eat fully. But, Jesus taught that there is a third way that can arrest the cycle of violence and domination. A way that strikes a chord at the core of beings so that we may fully hear and see the other person we are dealing with. This is what is sometimes called nonviolent resistance. It springs from a conversation with another -- beyond just talking -- but a dialogue of being with another on a one to one …
The Efficient Norm For Corporate Law: A Neotraditional Interpretation Of Fiduciary Duty, Thomas A. Smith
The Efficient Norm For Corporate Law: A Neotraditional Interpretation Of Fiduciary Duty, Thomas A. Smith
Michigan Law Review
To economically oriented corporate law professors, distinguishing between directors' fiduciary duty to shareholders and a duty to the corporation1 itself smacks of reification - treating the fictional corporate entity as if it were a real thing. Now the orthodox view among corporate law scholars is that the corporate fiduciary duty is a norm that requires firm managers to "maximize shareholder value." Giving the corporation itself any serious role in the analysis of fiduciary duty, the thinking goes, obscures scientific insight with bad legal metaphysics. Some recent scholarship and legislation, such as constituency statutes, have challenged this "shareholder primacy" view. Contestants …
Great Expectations? A Contract Law Analysis For Preclusive Corporate Lock-Ups, Paul L. Regan
Great Expectations? A Contract Law Analysis For Preclusive Corporate Lock-Ups, Paul L. Regan
Paul L Regan
No abstract provided.