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Articles 1 - 12 of 12
Full-Text Articles in Law
Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study, Ryan J. Gaffney
Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study, Ryan J. Gaffney
The Journal of Business, Entrepreneurship & the Law
The traditional three-sector ownership model of society grows outmoded. The prevalence of quasi-governmental agencies, public-private partnerships, and government bailouts blurs the line between the public and private sectors. Of concern to this article, however, is the blurring between the private and nonprofit sectors. The cross-pollination is so widespread that a call stands to amend the existing model with an “emerging fourth sector.” The social entrepreneurs attempting to bridge the gap between sectors face limitations from the outset of their venture; legislators did not design traditional legal entities for a “double bottom line” that includes social impact as well as profit. …
Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?, Jaclyn Cherry
Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?, Jaclyn Cherry
The Journal of Business, Entrepreneurship & the Law
It is no longer a new trend for charitable organizations to become involved in commercial activities. Thousands of nonprofit organizations have embraced the social entrepreneurial concept and have either created “commercial” type ventures as part of their nonprofits, have created spin-off organizations or subsidiary organizations, or have moved into the new area of hybrid organizations. Because there are no clear rules or guidelines for dealing with this issue, the third sector finds itself with rogue components and a spin-off group of hybrid organizations being loosely termed “social entrepreneurs.” Though these groups have grown in numbers in recent years, they have …
California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?, Christen Clarke
California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?, Christen Clarke
The Journal of Business, Entrepreneurship & the Law
The roads of social welfare and commercial enterprise have come to an intersection in recent years. Laws governing corporations are expanding to make room for new forms of business entities that seek to satisfy both social and financial goals. The two most prominent “hybrid” business forms are the Low-Profit Limited Liability Company and the Benefit Corporation. The newest hybrid entity to take effect is the Flexible Purpose Corporation, which was introduced in California at the beginning of 2012. With the existence of hybrid organizations that already fit into the mold of Corporations and Limited Liability Companies, is there really a …
Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson
Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson
The Journal of Business, Entrepreneurship & the Law
Delaware corporate law imposes a duty of loyalty on officers and directors as a mechanism to regulate and deter self-dealing transactions. In nonprofit corporations, however, there are generally no shareholders with direct financial incentives to monitor against self-dealing. In the absence of shareholders and other principals, Congress and the IRS have articulated duty of loyalty rules for nonprofits that reach far beyond those applied to the for-profit world--most prominently the § 4958 intermediate sanctions. This article identifies the persons who owe a duty of loyalty to a nonprofit corporation, the applicable fiduciary standards for violating the duty of loyalty, and …
Reforming Executive Compensation: What Do We Know And Where Do We Go?, Priyanka Rajagopalan
Reforming Executive Compensation: What Do We Know And Where Do We Go?, Priyanka Rajagopalan
The Journal of Business, Entrepreneurship & the Law
In this Article, I study a fascinating problem - what are the legal, political and economic implications of regulating executive bonuses? While the Administration's recent consideration of proposals to tax bonuses of AIG executives has sparked a great deal of media speculation and attention, there has been little legal scholarship discussing the various possible consequences of this and other methods of regulating executive compensation. Especially given the growing interest in executive compensation and the possible benefits and costs of regulation in this arena, I believe this paper will make a significant scholarly contribution to the existing literature on corporate governance …
Eliminating The Executive Overcompensation Problem: How The Sec And Congress Have Failed And Why The Shareholders Can Prevail, Blake H. Crawford
Eliminating The Executive Overcompensation Problem: How The Sec And Congress Have Failed And Why The Shareholders Can Prevail, Blake H. Crawford
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
A New Form Of Business Entity Is Needed To Promote Social Entrepreneurship: The Not-For-Loss Corporation, Jay Milbrandt
A New Form Of Business Entity Is Needed To Promote Social Entrepreneurship: The Not-For-Loss Corporation, Jay Milbrandt
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
The Momentum, Motive, And Mouse-Kapades Of The Majority Vote Movement, Jay Razzouk
The Momentum, Motive, And Mouse-Kapades Of The Majority Vote Movement, Jay Razzouk
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Corporate Lawyers After The Big Quake: The Conceptual Fault Line In The Professional Duty Of Confidentiality, Thomas G. Bost
Corporate Lawyers After The Big Quake: The Conceptual Fault Line In The Professional Duty Of Confidentiality, Thomas G. Bost
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Financial Considerations When Owning And Selling A Business, David G. Adishian
Financial Considerations When Owning And Selling A Business, David G. Adishian
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford
"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford
The Journal of Business, Entrepreneurship & the Law
No abstract provided.
Taking Healthcare's Pulse: Legal Issues Involved In Healthcare Business Transactions, Renee A. Pistone
Taking Healthcare's Pulse: Legal Issues Involved In Healthcare Business Transactions, Renee A. Pistone
The Journal of Business, Entrepreneurship & the Law
There are many federal regulations to consider when a healthcare lawyer creates and evaluates a particular healthcare business transaction. The healthcare market is highly competitive with the formation of healthcare business transactions on the rise. Hospitals and physicians seek dynamic and cost effective ways to deliver healthcare and partnerships are being formed between physicians and hospitals. These partnerships add to the marked increase in healthcare business transactions along with the progressed development of the physician hospital organization (“PHO”). Attorneys who execute healthcare business transactions on behalf of clients have to follow the federal laws. Part I sets forth potential ethics …