Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Arbitration (1)
- Constitutional Justice (1)
- Corporate Special Litigation Committees (1)
- Corporate governance (1)
- Fiduciary duty (1)
-
- Insider trading (1)
- International Court of Justice (1)
- International Investment (1)
- International Rule of Law (1)
- International law (1)
- Investment treaties (1)
- Investor-state arbitration (1)
- Justice administration (1)
- North American Free Trade Agreement (NAFTA) (1)
- Proxy Access (1)
- Rule 10b5-1 (1)
- Rule of law (1)
- Rule10b5-2 (1)
- SLC (1)
- Securities fraud (1)
- Shareholder Democracy (1)
- Shareholder Derivative Claims (1)
- Shareholder activism (1)
- Special Litigation Committees (1)
- Stockholders' derivative actions (1)
- Stockholders' voting (1)
- World Trade Organization (1)
- Publication
- Publication Type
Articles 1 - 4 of 4
Full-Text Articles in Law
The Future Of Shareholder Democracy, Lisa M. Fairfax
The Future Of Shareholder Democracy, Lisa M. Fairfax
Indiana Law Journal
In 2007, the Securities and Exchange Commission (SEC) considered, and ultimately rejected, a rule that would have required corporations to include shareholder-nominated candidates on the ballot. This Article seeks to ascertain the impact of this rejection. On the one hand, the SEC's rejection appears to be a stunning blow to the shareholders' rights campaign. This is because many shareholders' rights advocates have long considered access to the corporate ballot as the "holy grail" of their campaign for increased shareholder power. Such advocates believe that access to the corporate ballot is critical to ensuring that shareholders can participate legitimately in the …
The Decisions Of The Corporate Special Litigation Committees: An Empirical Investigation, Minor Myers
The Decisions Of The Corporate Special Litigation Committees: An Empirical Investigation, Minor Myers
Indiana Law Journal
Using an original data set gathered from filings with the U.S. Securities and Exchange Commission, this Article tests the prevailing view in corporate law that special litigation committees invariably decide to dismiss shareholder derivative litigation. It demonstrates that (1) special litigation committees decide to pursue or settle claims much more frequently than heretofore recognized; (2) special litigation committees do not otherwise let defendants off the hook when pursuing or settling claims, in view of the financial recovery to the company in either scenario; (3) most shareholder claims subject to the authority of special litigation committees end up settled, not dismissed,- …
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
International Rule Of Law And Constitutional Justice In International Investment Law And Arbitration, Ernst-Ulrich Petersmann
Indiana Journal of Global Legal Studies
Judicial administration of justice through reasoned interpretation, application and clarification of legal principles and rules is among the oldest paradigms of constitutional justice. The principles of procedural justice underlying investor-state arbitration remain controversial, especially if confidentiality and party autonomy governing commercial arbitration risk neglecting adversely affected third parties and public interests. There are also concerns that rule-following and formal equality of foreign investors and home states may not ensure substantive justice in the settlement of investment disputes unless arbitrators and courts take more seriously their customary law obligation of settling disputes in conformity with human rights obligations of governments and …
Insider Trading And The Gradual Demise Of Fiduciary Principles, Donna M. Nagy
Insider Trading And The Gradual Demise Of Fiduciary Principles, Donna M. Nagy
Articles by Maurer Faculty
Recent SEC enforcement actions, such as the case filed against Dallas Mavericks' owner Mark Cuban, raise the question whether deception by a fiduciary is essential to the Rule 10b-5 insider trading offense. Under the Supreme Court's classical and misappropriation theories, the answer is clearly yes - each theory has a fiduciary principle at its core. Yet lower courts and the SEC frequently disregard the Court's explicit dictates, and a consensus is emerging that insider trading rests simply on the wrongful use of material nonpublic information, regardless of whether a fiduciary-like duty is breached. Although this view of insider trading can …