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The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
The Tort Foundation Of Duty Of Care And Business Judgment, Robert Rhee
Robert Rhee
This Article corrects a misconception in corporation law – the belief that principles of tort law do not apply to the liability scheme of fiduciary duty. A board’s duty of care implies exposure to liability, but the business judgment rule precludes it. Tort law finds fault; corporation law excuses it. The conventional wisdom says that the tort analogy fails. This dismissal of tort prinicples is wrong. Although shareholder derivative suits and ordinary tort cases properly yield systemically antipodal outcomes, they are bound by a common analytical framework. The principles of board liability are rooted in tort doctrines governing duty, customs, …
Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Ethical Issues In Business And The Lawyer's Role, Robert Rhee, Carol Morgan, Tamar Frankel, Mark Fagan
Robert Rhee
The remarks by Professor Rhee "The Stand Alone Course Approach to Teaching Business Ethics," Professor Morgan "Teaching Business Ethics in Transactional Skills Courses: An Integrated Approach," and Professors Tamar Frankel and Mark Fagan "Teaching Business Ethics: A Collaborative Approach" were made at the conference on "Transactional Education: What's Next?" held at Emory University School of Law, June 4, 2010.