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Full-Text Articles in Law
The Article Iii "Party" And The Originalist Case Against Corporate Diversity Jurisdiction, Mark Moller, Lawrence B. Solum
The Article Iii "Party" And The Originalist Case Against Corporate Diversity Jurisdiction, Mark Moller, Lawrence B. Solum
William & Mary Law Review
Federal courts control an outsize share of big-ticket corporate litigation. And that control rests, to a significant degree, on the Supreme Court’s extension of Article III’s Diversity of Citizenship Clause to corporations. Yet, critics have questioned the constitutionality of corporate diversity jurisdiction from the beginning.
In this Article and a previous one, we develop the first sustained critique of corporate diversity jurisdiction.
Our previous article demonstrated that corporations are not “citizens” given the original meaning of that word. But we noted this finding alone doesn’t sink general corporate diversity jurisdiction. The ranks of corporate shareholders include many undoubted “citizens.” And …
Functional Corporate Knowledge, Mihailis Diamantis
Functional Corporate Knowledge, Mihailis Diamantis
William & Mary Law Review
The line between guilt and innocence often turns on what a defendant knew. Although the law’s approach to knowledge may be relatively straightforward for individuals, its doctrines for corporate defendants are fraught with ambiguity and opportunities for gamesmanship. Corporations can spread information thinly across employees so that it is never “known.” And prosecutors can exploit legal uncertainties to bring knowledge-based charges where corporations were merely negligent in how they handled information. Whereas knowledge as a mens rea has unique practical and normative properties that vary with a corporation’s size and industry, corporate law treats knowledge just like any other mental …
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
The Derivative Nature Of Corporate Constitutional Rights, Margaret M. Blair, Elizabeth Pollman
William & Mary Law Review
This Article engages the two-hundred-year history of corporate constitutional rights jurisprudence to show that the Supreme Court has long accorded rights to corporations based on the rationale that corporations represent associations of people from whom such rights are derived. The Article draws on the history of business corporations in America to argue that the Court’s characterization of corporations as associations made sense throughout most of the nineteenth century. By the late nineteenth century, however, when the Court was deciding several key cases involving corporate rights, this associational view was already becoming a poor fit for some corporations. The Court’s failure …
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
William & Mary Law Review
No abstract provided.
Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch
Frankenstein's Monster Hits The Campaign Trail: An Approach To Regulation Of Corporate Political Expenditures, Jill E. Fisch
William & Mary Law Review
No abstract provided.
Reverse Piercing The Corporate Veil: Should Corporation Owners Have It Both Ways?, Michael J. Gaertner
Reverse Piercing The Corporate Veil: Should Corporation Owners Have It Both Ways?, Michael J. Gaertner
William & Mary Law Review
No abstract provided.
Far-Reaching Equitable Remedies Under The Securities Acts And The Growth Of The Federal Corporate Law, Robert J. Malley
Far-Reaching Equitable Remedies Under The Securities Acts And The Growth Of The Federal Corporate Law, Robert J. Malley
William & Mary Law Review
No abstract provided.
Securities Regulation-Application Of Section 16(B) - Deputization - Liability For Short-Swing Profits After Directorship Terminated-Feder V. Martin Marietta Corp. 406 F.2d 260 (2d. Cir. 1969), Donald Gary Owens
William & Mary Law Review
No abstract provided.
Federal Taxation - Accumulated Earnings Tax - The Quantum Of Tax Avoidance Purpose Required - United States V. Donruss, 89 S. Ct. 501 (1969), Robert S. Parker Jr.
Federal Taxation - Accumulated Earnings Tax - The Quantum Of Tax Avoidance Purpose Required - United States V. Donruss, 89 S. Ct. 501 (1969), Robert S. Parker Jr.
William & Mary Law Review
No abstract provided.
Federal Taxation - Reorganization - Spin-Offs - Labor Difficulties As A Valid Business Purpose - Sidney L. Olson, 48 T .C. 855 (1967)
William & Mary Law Review
No abstract provided.
The Tax Benefit, Recoveries, And Sales Of Property Under Section 337, Don L. Ricketts
The Tax Benefit, Recoveries, And Sales Of Property Under Section 337, Don L. Ricketts
William & Mary Law Review
No abstract provided.
The Ownership Of The Treasures Of The Sea, John J. Kenny, Ronald R. Hrusoff
The Ownership Of The Treasures Of The Sea, John J. Kenny, Ronald R. Hrusoff
William & Mary Law Review
No abstract provided.
The Trustee And The N.L.R.B. - The Administration Of Labor Contracts In Straight Bankruptcy And Corporate Reorganization, S. Strother Smith Iii, Allan Zaleski
The Trustee And The N.L.R.B. - The Administration Of Labor Contracts In Straight Bankruptcy And Corporate Reorganization, S. Strother Smith Iii, Allan Zaleski
William & Mary Law Review
No abstract provided.
Book Review Of Corporate Tax Management, Emeric Fischer
Book Review Of Corporate Tax Management, Emeric Fischer
William & Mary Law Review
No abstract provided.
Anti Trust - Personal Liability Of Corporate Officers Participating In Sherman Act Violations, Paul Auster
Anti Trust - Personal Liability Of Corporate Officers Participating In Sherman Act Violations, Paul Auster
William & Mary Law Review
No abstract provided.
Book Review Of Corporations And Corporate Distributions, Rexford R. Cherryman
Book Review Of Corporations And Corporate Distributions, Rexford R. Cherryman
William & Mary Law Review
No abstract provided.
Collapsible Corporations: A Question Of Intent, Douglas W. Conner
Collapsible Corporations: A Question Of Intent, Douglas W. Conner
William & Mary Law Review
No abstract provided.
§304 Of The Internal Revenue Code Of 1954: Redemptions By Related Corporations, Thomas D. Terry
§304 Of The Internal Revenue Code Of 1954: Redemptions By Related Corporations, Thomas D. Terry
William & Mary Law Review
No abstract provided.
"A Roadmap Of Subchapter S"..., Robert S. Bersch
"A Roadmap Of Subchapter S"..., Robert S. Bersch
William & Mary Law Review
No abstract provided.