Law Commons^™

Deals Or No Deals: Integrating Transactional Skills In The First Year Curriculum, Lynnise E. Pantin

Lynnise E. Pantin

No abstract provided.

How "Bad Law, Bad Economics And Bad Policy" Positively Shaped Corporate Behavior, Megan Wischmeier Shaner

Megan Wischmeier Shaner

No abstract provided.

Memorializing The Meal: An Analogical Exercise For Transactional Drafting, William E. Foster, Emily Grant

William E Foster

Responsible Shares And Shared Responsibility: In Defense Of Responsible Corporate Officer Liability, Amy Sepinwall

Amy J. Sepinwall

When a corporation commits a crime, whom may we hold criminally liable? One obvious set of defendants consists of the individuals who perpetrated the crime on the corporation’s behalf. But according to the responsible corporate officer (“RCO”) doctrine, the government may also prosecute and punish those corporate executives who, although perhaps lacking “consciousness of wrongdoing,” nonetheless have “a responsible share in the furtherance of the transaction which the statute outlaws.” In other words, under the RCO doctrine, a corporate executive can come to bear criminal responsibility for an offense of her corporation that she neither participated in nor culpably failed …

The Corporate Finance Case For Deliberation-Oriented Stress Testing Regulation, Robert F. Weber

Robert F. Weber

No abstract provided.

Directors’ Legal Duties And Csr: Prohibited, Permitted Or Prescribed In Contemporary Corporate Law?, Benedict Sheehy, Donald Feaver

Benedict Sheehy

Abstract: The interaction between CSR obligations and directors’ legal duties is seriously under examined. This article addresses that lack by examining directors’ duties in case law and legislation across the major commonwealth countries and the USA. It provides an analysis of leading cases and examines how they deal with the issues of the shareholder primacy doctrine, corporate legal theory, CSR and directors’ duties. The article reviews fiduciary relations and duties, analyses the directors’ duties to exercise power in the best interests of the company as a whole and for proper purposes. As this area of law is highly contested there …

Corporate Governance And Executive Compensation: Evidence From Japan, Curtis J. Milhaupt, Robert J. Jackson Jr.

Curtis J. Milhaupt

No abstract provided.

How Should Hong Kong Regulate Open-Ended Investment Companies?, Bryane Michael

Bryane Michael (bryane.michael@stcatz.ox.ac.uk)

The Securities and Futures Commission (SFC) has begun its consultation on the legal framework for setting up open-ended investment companies. Yet, much of the advice it has received as been off the mark. In this small brief, we suggest planting the statutory basis for these companies in the Companies Ordinance.

Reconsidering Corporate Tax Privacy, Joshua D. Blank

Joshua D. Blank

For over a century, politicians, government officials and scholars in the United States have debated whether corporate tax returns, which are currently subject to broad tax privacy protections, should be publicly accessible. The ongoing global discussion of base erosion and profit shifting by multinational corporations has generated calls for greater tax transparency. Throughout this debate, participants have focused exclusively on the potential reactions of a corporation’s managers, shareholders and consumers to a corporation’s disclosure of its own tax return information. There is, however, another perspective: how would the ability of a corporation’s stakeholders and agents to observe other corporations’ tax …

Corporate Social Responsibility In A Remedy-Seeking Society: A Public Choice Perspective, Donald J. Kochan

Donald J. Kochan

Written for the Chapman Law Review Symposium on “What Can Law & Economics Teach Us About the Corporate Social Responsibility Debate?,” this Article applies the lessons of public choice theory to examine corporate social responsibility. The Article adopts a broad definition of corporate social responsibility activism to include both (1) those efforts that seek to convince corporations to voluntarily take into account corporate social responsibility in their own decision-making, and (2) the efforts to alter the legal landscape and expand legal obligations of corporations beyond traditional notions of harm and duty so as to force corporations to invest in interests …

Reforma Sociedades Mercantiles Y Prenda 2014, Jorge E. De Hoyos Walther

Jorge E De Hoyos Walther

Resumen de reformas a diversas leyes mercantiles, con enfoque especial a la constitucion y funcionamiento de sociedades anónimas. Cambios importantes referentes al contrato de prenda.