Law Commons^™

Peraturan Mahkamah Agung Republik Indonesia Nomor 13 Tahun 2016 Tentang Tata Cara Penanganan Perkara Tindak Pidana Oleh Korporasi; Solusi Sementara Upaya Meminta Pertanggungjawaban Pidana Korporasi, Wahyu Prestianto

"Dharmasisya” Jurnal Program Magister Hukum FHUI

The desire of the community so that corporations in Indonesia can be held liable today seems to have been granted with the imposition of crimes against several corporations in Indonesia. This was realized with the issuance of the Indonesian Supreme Court Regulation No. 13 of 2016 concerning Procedures for Handling Criminal Acts by Corporations that is said have filled the vacuum of Indonesian criminal procedure law, which had been said to be an inhibiting factor in corporate action by law enforcement officials. It is important to discuss what are the obstacles to the prosecution process of the corporation and whether …

Changemakers: Finding The Perfect Niche, Michael Bowden

Life of the Law School (1993- )

No abstract provided.

Rwu Law News: The Newsletter Of Roger Williams University School Of Law 04-2021, Michael M. Bowden, Barry Bridges, Political Roundtable

Life of the Law School (1993- )

No abstract provided.

Law School News: Making A Difference Together 03-15-2021, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

Champions For Justice Virtual Fundraiser 03-11-2021, Roger Williams University School Of Law, Michael M. Bowden

School of Law Conferences, Lectures & Events

No abstract provided.

Corporate Bankruptcy Requirements & Impacts “Under The Egyptian Law, Belal A. Badawy

UAEU Law Journal

The term “Merchant” does not only make reference to a natural person, but can also mean a moral person and, more precisely, corporations. As firms acquire commercial capacity, they become subject to the same legal regulations governing individual merchants. They can then be declared bankrupt just at the moment that they stop paying their commercial debts.

While much emphasis has been placed on the provisions of bankruptcy generally in jurisprudence and legislation, the bankruptcy provisions of corporations are somehow overlooked, although such provisions are those which should have been given due attention, for two reasons:

First, the role of a …

Foundations And Types Of Criminal Liability Of A Legal Person In The English Law And The Penal Code Of The United Arab Emirates: A Comparative Study, Butti Sultan Al-Muhairi

UAEU Law Journal

This Article aims to determine the basis and type of corporate criminal liability provided by the UAE Penal Code. To achieve this aim, comparison has been made between the UAE Penal Code and the English Law. The development of corporate criminal liability within the English Law, the basis, type and theories established such liability have been examined. It is seen that the English Criminal Law makes distinction between two types of corporate criminal liability, indirect and direct liability. The English Courts base the indirect liability upon the principle of vicarious liability. This type of liability applies to offences of strict …

The State As A Shareholder: A Study Of Partial Privatization And Its Impacts On Corporate Governance In The Kingdom Of Saudi Arabia, Meshal Faraj

UAEU Law Journal

Different studies show that partially privatized firms outperform their private peers in Saudi Arabia. Ownership of Saudi government of publicly traded companies may be feasible economically, but legally creates a hard case. The literature of corporate governance is still unable to absorb the implications of government ownership. This study attempts to examine those implications and its impacts on jurisdictions featuring dual judicial legal systems (administrative and civil courts) through presenting Saudi Arabia case.

The Saudi government adopts the single tier board structure. Under this structure, only shareholders are entitled to elect board of directors. When the government holds a controlling …

The Alarming Legality Of Security Manipulation Through Shareholder Proposals, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

Shareholder proposals attract attention from scholars in finance and economics because they present an opportunity to study both quasidemocratic decision-making at the corporate level and the impact of this decision-making on firm outcomes. These studies capture the effect of various proposals but rarely address whether regulations should allow many of them in the first place due to the possibility of stock price manipulation. Recent changes to shareholder proposal rules, adopted in September 2020, sought to address the potential for exploitation that some proposals create (but ultimately failed to do so). This Article shows the potential for apparently legal stock price …

Corporate Adolescence: Why Did “We” Not Work?, Donald C. Langevoort, Hillary A. Sale

Georgetown Law Faculty Publications and Other Works

This article explores a series of rent-seeking behaviors and fiduciary deficits that are playing a role in the “growth” and demise of U.S. companies. Start-up financing occurs through exemptions that remove disclosure obligations required in public markets, assuming that private ordering suffices. The exemptive-privilege premise is that parties to financing rounds will be faithful agents, i.e., fiduciaries, to their sources of capital. Where there are conflicts of interest, fiduciary deficits will arise unless either the threat of litigation for breaches of duty sufficiently deters the resulting opportunism or the sources of capital are themselves sufficiently watchful and savvy to combat …