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Open Access. Powered by Scholars. Published by Universities.®

2015

Series

Business Organizations Law

University of Colorado Law School

Corporation

Articles 1 - 2 of 2

Full-Text Articles in Law

Quarterback By Committee: A Response In Memory Of Dan Markel, Andrew A. Schwartz Jan 2015

Quarterback By Committee: A Response In Memory Of Dan Markel, Andrew A. Schwartz

Publications

In Catalyzing Fans, Dan Markel, Michael McCann and Howard Wasserman propose so-called “Fan Action Committees” (“FACs”), whereby fans would crowdfund a sum of money and then spend it to influence the personnel decisions of their favorite teams. This Response — dedicated to the memory of Dan Markel — suggests that an effective FAC could upset a team’s overall hiring and compensation system, thereby risking a downturn in team performance to the detriment of all concerned.


Corporate Legacy, Andrew A. Schwartz Jan 2015

Corporate Legacy, Andrew A. Schwartz

Publications

Many public companies have shed takeover defenses in recent years, on the theory that such defenses reduce share price. Yet new data presented here shows that practically all new public companies--those launching their initial public offering (IPO)--go public with powerful takeover defenses in place. This behavior is puzzling because the adoption of takeover defenses presumably lowers the price at which the pre-IPO shareholders can sell their own shares in and after the IPO. Why would founders and early investors engage in this seemingly counterproductive behavior? Building on prior attempts to solve this mystery, this Article claims that IPO firms adopt …