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Full-Text Articles in Law

Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman Sep 2019

Religion And For-Profit Corporations: A Real Issue Hidden By Flimsy Arguments, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman Sep 2019

Thoughts On Religious Discrimination From The Cairo Geniza, Nathan B. Oman

Nathan B. Oman

No abstract provided.


From The Fuggers To Justice Ginsburg, Nathan B. Oman Sep 2019

From The Fuggers To Justice Ginsburg, Nathan B. Oman

Nathan B. Oman

No abstract provided.


Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese Sep 2019

Limitations On Corporate Speech: Protection For Shareholders Or Abridgement Of Expression?, Alan J. Meese

Alan J. Meese

No abstract provided.


Naming, Identity, And Trademark Law, Laura A. Heymann Sep 2019

Naming, Identity, And Trademark Law, Laura A. Heymann

Laura A. Heymann

As the process of creation in the age of digital media becomes more fluid, one pervasive theme has been the desire for attribution: from the creator’s perspective, to receive credit for what one does (and to have credit not falsely attributed) and from the audience’s perspective, to understand the source of material with which one engages. But our norms of attribution reflect some inconsistencies in defining the relationship among name, identity, and authenticity. A blog post by a writer identified only by a pseudonym may prove to be very influential in the court of public opinion, while the use of …


Legal Models Of Management Structure In The Modern Corporation: Officers, Directors, And Accountants, Melvin Aron Eisenberg Aug 2019

Legal Models Of Management Structure In The Modern Corporation: Officers, Directors, And Accountants, Melvin Aron Eisenberg

Melvin A. Eisenberg

No abstract provided.


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley Aug 2019

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Richard M. Buxbaum

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …


Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley Aug 2019

Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley

Robert Bartlett

This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.

In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …


A Framework On Mandating Versus Incentivizing Corporate Social Responsibility, Margaret Ryznar, Karen E. Woody Jul 2019

A Framework On Mandating Versus Incentivizing Corporate Social Responsibility, Margaret Ryznar, Karen E. Woody

Karen Woody

There are two primary but different methods of controlling behavior, whether it is the behavior of individuals or corporations: to incentivize it or to regulate it. Governments are in a unique position to employ either or both options because of their ability to pass regulatory schemes and to extend tax incentives. This Article analyzes the two methods of shaping corporate behavior, examining the regulation issue through the case of the conflict minerals provision of the Dodd–Frank Act and examining the taxation issue through several examples of corporate tax incentives.


Brand As Information Intermediary, Kishanthi Parella May 2019

Brand As Information Intermediary, Kishanthi Parella

Kish Parella

The article describes the function of transnational corporations in many global supply chains as information intermediaries, which carries with it responsibilities and opportunities for incentivization.