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Articles 1 - 30 of 34
Full-Text Articles in Law
Corporate And Business Law, C. Porter Vaughan Iii, David I. Meyers, W. Lake Taylor Jr.
Corporate And Business Law, C. Porter Vaughan Iii, David I. Meyers, W. Lake Taylor Jr.
University of Richmond Law Review
No abstract provided.
Managers' Fiduciary Duty Upon The Firm's Insolvency: Accounting For Performance Creditors, Alon Chaver, Jesse M. Fried
Managers' Fiduciary Duty Upon The Firm's Insolvency: Accounting For Performance Creditors, Alon Chaver, Jesse M. Fried
Vanderbilt Law Review
A corporation's managers generally owe a fiduciary duty to the corporation and its shareholders. Legal scholars interpret this duty as requiring the managers to maximize shareholder value. When a firm is solvent, the obligation to maximize shareholder value tends to give managers an incentive to deploy firm assets efficiently-that is, in a way that maximizes total value.
When a firm is insolvent, however, the duty to maximize shareholder value could lead managers to take actions that reduce the value of debt more than they increase the value of equity and therefore reduce total value. Accordingly, a number of courts have …
Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank
Corporate Managers, Agency Costs, And The Rise Of Double Taxation, Steven A. Bank
William & Mary Law Review
No abstract provided.
One For A, Two For B, And Four Hundred For C: The Widening Gap In Pay Between Executives And Rank And File Employees, Susan J. Stabile
One For A, Two For B, And Four Hundred For C: The Widening Gap In Pay Between Executives And Rank And File Employees, Susan J. Stabile
University of Michigan Journal of Law Reform
This Article, focuses on executive pay in relation to that of rank and file workers. It examines the standard justifications for the vast and increasing pay gap between executives (particularly CEOs) and rank and file workers and finds that such arguments do little more than attempt to justify in economic terms a situation that exists for a very different reason. Instead, the author argues, the real reason such a huge and widening gap in pay between executive and rank and file workers exists is market failure in the mechanisms of setting executive pay, aggravated by the shareholder primacy norm, which …
Business Law, Robin Jean Davis, Louis J. Palmer Jr.
Business Law, Robin Jean Davis, Louis J. Palmer Jr.
West Virginia Law Review
No abstract provided.
Key Disclosure Issues For Life Sciences Companies: Fda Product Approval, Clinical Test Results, And Government Inspections, William O. Fisher
Key Disclosure Issues For Life Sciences Companies: Fda Product Approval, Clinical Test Results, And Government Inspections, William O. Fisher
Michigan Telecommunications & Technology Law Review
The government, particularly the Food and Drug Administration ("FDA"), heavily regulates the life sciences industry. FDA actions can have an extraordinary influence on the fortunes of biotechnology companies. Timely FDA approval of a drug or medical device can permit a company to exploit an inviting market window. FDA product approval is, in turn, tied to clinical test results which demonstrate "efficacy" and safety. Delayed approval, unfavorable test results, or the denial of an FDA application may ruin a company. Beyond the FDA product approval process and related testing lie FDA inspections and the possibility that the government will investigate charges …
Behavioral Finance And Investor Governance, Lawrence A. Cunningham
Behavioral Finance And Investor Governance, Lawrence A. Cunningham
Washington and Lee Law Review
No abstract provided.
The Team Production Theory Of Corporate Law: A Critical Assessment, Alan J. Meese
The Team Production Theory Of Corporate Law: A Critical Assessment, Alan J. Meese
William & Mary Law Review
No abstract provided.
Aurora Credit Services, Inc. V. Liberty West Development, Inc.: An Analysis Of Shareholder Derivative Suits In Closely Held Corporations, Robbie G. Yates
Aurora Credit Services, Inc. V. Liberty West Development, Inc.: An Analysis Of Shareholder Derivative Suits In Closely Held Corporations, Robbie G. Yates
BYU Law Review
No abstract provided.
Doing Well While Doing Good: Reassessing The Scope Of Directors' Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa M. Fairfax
Doing Well While Doing Good: Reassessing The Scope Of Directors' Fiduciary Obligations In For-Profit Corporations With Non-Shareholder Beneficiaries, Lisa M. Fairfax
Washington and Lee Law Review
No abstract provided.
The Practical Entry And Utility Of A Legal-Managerial Framework Without The Economic Analysis Of Law, James E. Holloway
The Practical Entry And Utility Of A Legal-Managerial Framework Without The Economic Analysis Of Law, James E. Holloway
Campbell Law Review
This article examines the practicality underlying the entry and utilization of a L-M analysis and legal information into the process of business decision-making by lawyers and managers who generally do not understand or use each others' methodology and thinking, such as business methods and legal analysis, in their professional works and practices.
Federal Act Strengthens Successful Illinois Brownfields Program, James Michel
Federal Act Strengthens Successful Illinois Brownfields Program, James Michel
Public Interest Law Reporter
No abstract provided.
Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall
Women And Pension Reform: Economic Insecurity And Old Age, 35 J. Marshall L. Rev. 673 (2002), Lorraine Schmall
UIC Law Review
No abstract provided.
Rethinking Corporate Fiduciary Duties: The Inefficiency Of The Shareholder Primacy Norm, Gregory S. Crespi
Rethinking Corporate Fiduciary Duties: The Inefficiency Of The Shareholder Primacy Norm, Gregory S. Crespi
SMU Law Review
Current judicial practice regards the fiduciary duties of corporate officials as running exclusively to the common shareholders, and not to the bondholders or preferred shareholders, or to the corporation as a whole. In this article, the author addresses the question of whether defining the corporation as a whole as the subject of these fiduciary duties would better promote economic efficiency. Ultimately, the author concludes that economic efficiency would be enhanced if the locus of corporate officials' fiduciary duties was redefined as running to the corporation, both for larger corporations with publicly-held securities and smaller corporations whose securities may be more …
How The Corporation Conquered John Bull, A.W. Brian Simpson
How The Corporation Conquered John Bull, A.W. Brian Simpson
Michigan Law Review
This is a study of the evolution of the forms of business organization during the industrial revolution. Historians never fully agree about anything at all, and often with good reason, but there is really no doubt that the period covered by this book is one that saw major changes in agricultural and industrial production, and in commercial practice and organization. It is convenient to refer broadly to the changes which took place in terms of a revolution, industrial, agricultural, or less commonly, commercial in nature. Long before the starting date for this study, which is the date of the Bubble …
Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci
Winning The Battle, But Losing The War: Purported Age Discrimination May Discourage Employers From Providing Retiree Medical Benefits, 35 J. Marshall L. Rev. 709 (2002), Christopher E. Condeluci
UIC Law Review
No abstract provided.
International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook
International Trade And Labor: Leveling Up Or Down, 35 J. Marshall L. Rev. 227 (2002), Don Turner, Willard A. Workman, Ira Arlook
UIC Law Review
No abstract provided.
Another Look At 401(K) Plan Investments In Employer Securities, 35 J. Marshall L. Rev. 539 (2002), Susan J. Stabile
Another Look At 401(K) Plan Investments In Employer Securities, 35 J. Marshall L. Rev. 539 (2002), Susan J. Stabile
UIC Law Review
No abstract provided.
E.R.I.S.A. Subrogation As Interpreted Within The Seventh Circuit - A Roadmap For Managing First Dollar Recovery, 35 J. Marshall L. Rev. 765 (2002), Gregory Pitts
UIC Law Review
No abstract provided.
An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young
An International Antitrust Dilemma: An Analysis Of The Interaction Of Antitrust Laws In The United States And The European Union, 36 J. Marshall L. Rev. 271 (2002), Sandra Ferson Young
UIC Law Review
No abstract provided.
The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner
The Globalization Of Law: International Merger Control And Competition Law In The United States, The European Union, Latin America And China, Kenneth J. Hamner
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Why A Board? Group Decisionmaking In Corporate Governance, Stephen M. Bainbridge
Why A Board? Group Decisionmaking In Corporate Governance, Stephen M. Bainbridge
Vanderbilt Law Review
This Article begins by briefly describing the role of the board both in law and in practice. Part II explores the distinction be- tween consensus and authority as modes of institutional decision- making. As hierarchical institutions, corporations rely far more heavily on authority than on consensus. Yet, at the apex of the hierarchy is a collegial body that functions mainly by consensus.
Part III is the core of the Article. In order to evaluate corporate law's preference for collective decisionmaking, we need to know whether group decisionmaking is superior to that of individuals. A wealth of experimental data suggests that …
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Corporatization And Privatization: A Chinese Perspective, Yuwa Wei
Northwestern Journal of International Law & Business
Although the enterprise reform in China has its own causes, it conforms to the current movement of commercializing public enterprises in a global sense. Thus, over the course of its enterprise reform, China has the advantage of drawing lessons and gaining wisdom from the experience of other jurisdictions. Consequently, China may achieve two goals, commercializing its public sector and standardizing the practice of its corporatized enterprises, at the same time. Meanwhile, the Chinese enterprise reform will provide an interesting case for comparative study, since the country is pioneering a different path in the process of corporatizing and privatizing its public …
Gaming Regulation And Mathematics: A Marriage Of Necessity, 35 J. Marshall L. Rev. 333 (2002), Anthony N. Cabot, Robert C. Hannum
Gaming Regulation And Mathematics: A Marriage Of Necessity, 35 J. Marshall L. Rev. 333 (2002), Anthony N. Cabot, Robert C. Hannum
UIC Law Review
No abstract provided.
Genetically Defective: The Judicial Interpretation Of The Americans With Disabilities Act Fails To Protect Against Genetic Discrimination In The Workplace, 35 J. Marshall L. Rev. 457 (2002), Brian M. Holt
UIC Law Review
No abstract provided.
A Primer On The Taxation Of Executive Deferred Compensation Plans, 35 J. Marshall L. Rev. 487 (2002), Kathryn J. Kennedy
A Primer On The Taxation Of Executive Deferred Compensation Plans, 35 J. Marshall L. Rev. 487 (2002), Kathryn J. Kennedy
UIC Law Review
No abstract provided.
Pension Simplification, 35 J. Marshall L. Rev. 565 (2002), David A. Pratt
Pension Simplification, 35 J. Marshall L. Rev. 565 (2002), David A. Pratt
UIC Law Review
No abstract provided.
Assumption-Of-The-Risk Retirement?: A Survey Of Recent "Serious Consideration" Case Law, 37 J. Marshall L. Rev. 159 (2003), Kyle Murray
UIC Law Review
No abstract provided.
Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell
Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell
Villanova Law Review
No abstract provided.
And The Winner Is - Interpreting The Lead Plaintiff And The Lead Counsel Provisions Of The Private Securities Litigation Reform Act Of 1995, Ashe P. Puri
Villanova Law Review
No abstract provided.