Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Georgia State University College of Law (24)
- Columbia Law School (20)
- University of Pennsylvania Carey Law School (10)
- Duke Law (8)
- University of Michigan Law School (8)
-
- Brooklyn Law School (6)
- The Peter A. Allard School of Law (6)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (6)
- University of Richmond (6)
- Singapore Management University (5)
- University of Colorado Law School (5)
- Washington and Lee University School of Law (5)
- Boston University School of Law (4)
- Schulich School of Law, Dalhousie University (4)
- Georgetown University Law Center (3)
- Mitchell Hamline School of Law (3)
- Pace University (3)
- Roger Williams University (3)
- University of Massachusetts Boston (3)
- Texas A&M University School of Law (2)
- University of Maryland Francis King Carey School of Law (2)
- University of Missouri-Kansas City School of Law (2)
- Case Western Reserve University School of Law (1)
- Florida State University College of Law (1)
- Golden Gate University School of Law (1)
- Maurer School of Law: Indiana University (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Ohio Northern University (1)
- Penn State Law (1)
- Saint Louis University School of Law (1)
- Keyword
-
- Corporate governance (22)
- Corporations (21)
- Corporate law (10)
- Fiduciary duties (8)
- Corporation law (7)
-
- Delaware (4)
- Enforcement (4)
- Hobby Lobby (4)
- Shareholders (4)
- Social responsibility (4)
- Antitrust (3)
- Benefit corporation (3)
- Compliance (3)
- Corporate Governance (3)
- Employers (3)
- Ethics (3)
- For-profit (3)
- Government (3)
- Human rights (3)
- Integrated employment (3)
- LLC (3)
- Law (3)
- Law and economics (3)
- Money (3)
- Nonprofit (3)
- Partnerships (3)
- Public (3)
- Regulation (3)
- Religion (3)
- SSRN (3)
- Publication
-
- Faculty Scholarship (39)
- Georgia Business Court Opinions (23)
- All Faculty Scholarship (12)
- Articles (8)
- All Faculty Publications (5)
-
- Ira M. Millstein Center for Global Markets and Corporate Ownership (5)
- Law Faculty Publications (5)
- Publications (5)
- Research Collection Yong Pung How School Of Law (5)
- Scholarly Articles (5)
- Faculty Publications (4)
- Nevada Supreme Court Summaries (4)
- All Institute for Community Inclusion Publications (3)
- Articles, Book Chapters, & Popular Press (3)
- Elisabeth Haub School of Law Faculty Publications (3)
- Georgetown Law Faculty Publications and Other Works (3)
- Scholarly Works (3)
- Book Chapters (2)
- Faculty Works (2)
- Life of the Law School (1993- ) (2)
- Articles by Maurer Faculty (1)
- California Agencies (1)
- Faculty Articles and Other Publications (1)
- Faculty Journal Articles and Book Chapters (1)
- Faculty Publications By Year (1)
- Hofstra Law Faculty Scholarship (1)
- Journal Articles (1)
- Law Faculty Research Publications (1)
- Law Faculty Scholarship (1)
- Law School Blogs (1)
Articles 151 - 159 of 159
Full-Text Articles in Law
Cultures Of Compliance, Donald C. Langevoort
Cultures Of Compliance, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
There has been a "cultural turn" in discussion and debates about the promise of corporate compliance efforts. These efforts are occurring quickly, without great confidence in their efficacy. Thus the interest in culture. This article explores what a culture of compliance means and why it is so hard to achieve. The "dark side" that enables non-compliance in organizations is powerful and often hidden from view, working via scripts that rationalize or normalize, denigrations of regulation, and celebrations of beliefs and attitudes that bring with them compliance dangers. The article addresses how both culture and compliance should be judged by those …
Amazon's Antitrust Paradox, Lina M. Khan
Amazon's Antitrust Paradox, Lina M. Khan
Faculty Scholarship
Amazon is the titan of twenty-first century commerce. In addition to being a retailer, it is now a marketing platform, a delivery and logistics network, a payment service, a credit lender, an auction house, a major book publisher, a producer of television and films, a fashion designer, a hardware manufacturer, and a leading host of cloud server space. Although Amazon has clocked staggering growth, it generates meager profits, choosing to price below-cost and expand widely instead. Through this strategy, the company has positioned itself at the center of e-commerce and now serves as essential infrastructure for a host of other …
Stock Market Futurism, Merritt B. Fox, Gabriel Rauterberg
Stock Market Futurism, Merritt B. Fox, Gabriel Rauterberg
Faculty Scholarship
The U.S. stock market is undergoing extraordinary upheaval. The approval of the application of the Investors Exchange (IEX) to become the nation’s newest stock exchange, including its famous “speed bump,” was one of the SEC’s most controversial decisions in decades. Other exchanges have proposed a raft of new innovations in its wake. This evolving equity market is a critical piece of national infrastructure, but the regulatory scheme for its institutions is increasingly frayed. In particular, current regulation draws sharp distinctions among different kinds of markets for trading stocks, treating stock exchanges as self-regulatory organizations immune from private civil litigation, while …
Tax Treatment Of A Marijuana Business, Douglas A. Kahn, Howard Bromberg
Tax Treatment Of A Marijuana Business, Douglas A. Kahn, Howard Bromberg
Articles
Currently, twenty-eight states and the District of Columbia allow the use of marijuana for medical purposes and permit the conduct of a business marketing of marijuana for that purpose. Eight of those states and the District of Columbia permit the recreational use of marijuana. There is reason to believe that more states will decriminalize the marketing of marijuana. However, marijuana is listed in Schedule 1 of the federal Controlled Substances Act of 1970 (CSA) which makes it illegal under federal law to manufacture or distribute marijuana even when it is legal to do so under local state law. In a …
Moneys' Legal Hierarchy, Katharina Pistor
Moneys' Legal Hierarchy, Katharina Pistor
Faculty Scholarship
This chapter discusses the way in which money is legally constructed and hierarchically structured. In financial markets, participants trade different forms of money, some of which is state-issued and some privately issued. A form of money is closer to the “apex” of the system the closer it is to entities that can issue liquid means or determine acceptable forms of payment, such as central banks and governments. During financial crises, market participants close to the “apex” are systematically advantaged. Various legal devices, e.g. property rights, collateral rights, or trust law, contribute to hierarchically structuring the financial system, by granting preferential …
Harmful, Harmless, And Beneficial Uncertainty In Law, Scott Baker, Alex Raskolnikov
Harmful, Harmless, And Beneficial Uncertainty In Law, Scott Baker, Alex Raskolnikov
Faculty Scholarship
This article examines the impact of four types of law-related uncertainty on the utility of risk-neutral agents. We find that greater legal or factual uncertainty makes agents worse off if enforcement is targeted (meaning that greater deviations from what the law demands lead to a greater probability of enforcement), or if sanctions are graduated (meaning that greater deviations from what the law demands result in higher sanctions). In contrast, agents are indifferent to changes in detection uncertainty induced by variation in enforcement resources or to changes in sanction uncertainty arising from legally irrelevant factors. Finally, risk-neutral agents benefit from greater …
Probabilistic Compliance, Alex Raskolnikov
Probabilistic Compliance, Alex Raskolnikov
Faculty Scholarship
Uncertain legal standards are pervasive but understudied. The key theoretical result showing an ambiguous relationship between legal uncertainty and optimal deterrence remains largely undeveloped, and no alternative conceptual approaches to the economic analysis of legal uncertainty have emerged. This Article offers such an alternative by shifting from the well-established and familiar optimal deterrence theory to the new and unfamiliar probabilistic compliance framework. This shift brings the analysis closer to the world of legal practice and yields new theoretical insights. Most importantly, lower uncertainty tends to lead to more compliant positions and greater private gains. In contrast, the market for legal …
Principal Costs: A New Theory For Corporate Law And Governance, Zohar Goshen, Richard Squire
Principal Costs: A New Theory For Corporate Law And Governance, Zohar Goshen, Richard Squire
Faculty Scholarship
The problem of managerial agency costs dominates debates in corporate law. Many leading scholars advocate reforms that would reduce agency costs by forcing firms to allocate more control to shareholders. Such proposals disregard the costs that shareholders avoid by delegating control to managers and voluntarily restricting their own control rights. This Essay introduces principal-cost theory, which posits that each firm’s optimal governance structure minimizes the sum of principal costs, produced when investors exercise control, and agent costs, produced when managers exercise control. Both principal costs and agent costs can arise from honest mistakes (which generate competence costs) and …
The Death Of The Firm, June Carbone, Nancy Levit
The Death Of The Firm, June Carbone, Nancy Levit
Faculty Works
This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …