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Articles 1351 - 1380 of 1457
Full-Text Articles in Business Organizations Law
Pillars Of Civilization: Attorneys And Arbitration, Robert S. Clemente, Karen Kupersmith
Pillars Of Civilization: Attorneys And Arbitration, Robert S. Clemente, Karen Kupersmith
Fordham Journal of Corporate & Financial Law
No abstract provided.
Stability In World Financial Markets: Introductory Remarks, Alan Rechtschaffen
Stability In World Financial Markets: Introductory Remarks, Alan Rechtschaffen
Fordham Journal of Corporate & Financial Law
No abstract provided.
Reflections On Exchange Rates And Dollarization, Steve Hanke
Reflections On Exchange Rates And Dollarization, Steve Hanke
Fordham Journal of Corporate & Financial Law
No abstract provided.
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Cross-Border Bank Branching Under The Nafta: Public Choice And The Law Of Corporate Groups, Eric J. Gouvin
Faculty Scholarship
This Article examines a question left unresolved after the negotiation of the North American Free Trade Agreement (NAFTA): whether the banks of the member countries should be permitted to engage in the business of banking in the other member countries simply by branching across national borders. Under present law, the United States permits branching subject to extensive restrictions, while Canada and Mexico permit access to their banking markets only by acquisition or establishment of institutions chartered in their countries. While the NAFTA does not provide for unfettered branching across national borders, article 1403(3) of the NAFTA left the issue of …
Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou
Poison And Dead Hand Pills, Markets For Corporate Control, And Implications For An Emerging Market Like China, Shueiqing Zhou
LLM Theses and Essays
In the past twenty years, the Chinese government has been adopting open door and economic reform policies. Because of historical, economic, legal, and cultural traditions, a modern corporation system is far from being established in China. There are lots of things that need to do to establish a perfect corporate system. This thesis reviews diverse interpretations of the function of poison pills in light of recent judicial decisions and underlying empirical evidence. It also reviews recent judicial decisions regarding the new version of poison and dead hand pill. The author discusses the recent trend of by-law restrictions in an attempt …
Does Venture Capital Require An Active Stock Market?, Ronald J. Gilson, Bernard S. Black
Does Venture Capital Require An Active Stock Market?, Ronald J. Gilson, Bernard S. Black
Faculty Scholarship
The United States has both an active venture capital industry and well-developed stock markets. Japan and Germany have neither. We argue here that this is no accident – that venture capital can flourish especially – and perhaps only – if the venture capitalist can exit from a successful portfolio company through an initial public offering (IPO), which requires an active stock market. Understanding the link between the stock market and the venture capital market requires understanding the contractual arrangements between entrepreneurs and venture capital providers especially the importance of exit by venture capitalists and the opportunity, present only if IPO …
Larger Board Size And Decreasing Firm Value In Small Firms, Theodore Eisenberg, Stefan Sundgren, Martin T. Wells
Larger Board Size And Decreasing Firm Value In Small Firms, Theodore Eisenberg, Stefan Sundgren, Martin T. Wells
Cornell Law Faculty Publications
Several studies hypothesize a relation between board size and financial performance. Empirical tests of the relation exist in only a few studies of large U.S. firms. We find a significant negative correlation between board size and profitability in a sample of small and midsize Finnish firms. Finding a board-size effect for a new and different class of firms affects the range of explanations for the board-size effect.
The Role Of The Courts In The Securities Industry, Kevin T. Duffy, John N. Tognino
The Role Of The Courts In The Securities Industry, Kevin T. Duffy, John N. Tognino
Fordham Journal of Corporate & Financial Law
No abstract provided.
New Crises In Asia, Bradley Belt, Malcolm Binks, Dominick Salvatore
New Crises In Asia, Bradley Belt, Malcolm Binks, Dominick Salvatore
Fordham Journal of Corporate & Financial Law
No abstract provided.
New Initiatives, Hedi H. Reynolds
New Initiatives, Hedi H. Reynolds
Fordham Journal of Corporate & Financial Law
No abstract provided.
New Competitors, Thomas Ryan, Mary M. Mcdermott-Holland, Arthur Kearney, Dennis Marino, Arthur Pacheco, James J. Mcdermott Jr.
New Competitors, Thomas Ryan, Mary M. Mcdermott-Holland, Arthur Kearney, Dennis Marino, Arthur Pacheco, James J. Mcdermott Jr.
Fordham Journal of Corporate & Financial Law
No abstract provided.
New Rules And Regulations, Constantine N. Katsoris, Richard Lindsey, Robert Mcsweeney, Eugene Lopez, Yusif Simaan, Edward Fleishmann
New Rules And Regulations, Constantine N. Katsoris, Richard Lindsey, Robert Mcsweeney, Eugene Lopez, Yusif Simaan, Edward Fleishmann
Fordham Journal of Corporate & Financial Law
No abstract provided.
Deutsche Telekom, German Corporate Governance, And The Transition Costs Of Capitalism, Jeffrey N. Gordon
Deutsche Telekom, German Corporate Governance, And The Transition Costs Of Capitalism, Jeffrey N. Gordon
Faculty Scholarship
In November 1996, Deutsche Telekom AG, the government-owned German telephone company, sold common stock representing approximately 25 percent of the company in a global stock offering that raised approximately DM 20 billion ($13 billion), the largest equity offering ever in Europe. In selling off this equity stake, the German government (i.e., the Federal Republic) had a number of motives. First, the sale was an important step in converting a government-run telephone monopoly into a nimble competitor in the emerging European and world telecommunications market. In anticipation of a fully competitive European telecommunications regime in 1998, Deutsche Telekom ("DT") had been …
Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang
Debt Instruments' Tax Treatment In Corporate Mergers And Acquisitions, Tae Oon Jang
LLM Theses and Essays
The increase of merger and acquisition(M&A) activity since 1992 has resulted mainly from a domestic economic recovery. The current M&A trend shows that M&A is still an important means of enhancing many corporations' competitive power and of stimulating growth in such areas as computer software and services, wholesale and distribution, miscellaneous services, banking and finance, and leisure and entertainment. Fundraising for mezzanine-fund financing, which reflects investors' foresight about current and future M&A trends, has also seen rapid growth. After the Tax Reform Act of 1986 and the repeal of the General Utilities doctrine, the elimination of the capital gain preference …
The Role Of Corporate Law In French Corporate Governance, James A. Fanto
The Role Of Corporate Law In French Corporate Governance, James A. Fanto
Faculty Scholarship
No abstract provided.
Corporate Democracy -- Not Such A Radical Idea, Carlin Meyer
Corporate Democracy -- Not Such A Radical Idea, Carlin Meyer
Other Publications
No abstract provided.
Asset Securitization And Corporate Risk Allocation, Christopher W. Frost
Asset Securitization And Corporate Risk Allocation, Christopher W. Frost
Law Faculty Scholarly Articles
Asset securitization is a financial innovation in which corporations sell financial assets to a specially formed entity that in turn taps financial markets for the purchase price. The device provides firms an alternative to raising capital through traditional debt and equity markets. Practitioners of the approach tout securitization as a means through which a firm can lower its overall cost of capital by limiting the risk facing investors in the securitized assets. Commentators have described asset securitization as "one of the most important financing vehicles in the United States." Interest in the device is increasing dramatically as more companies see …
A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel
A Report On The Attitudes Of Foreign Companies Regarding A U.S. Listing, James A. Fanto, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
The Role Of Secured Credit In Small-Business Lending, Ronald J. Mann
The Role Of Secured Credit In Small-Business Lending, Ronald J. Mann
Faculty Scholarship
The traditional perspective holds that large firms in our economy use unsecured credit and small firms use secured credit. Existing scholarship, however, has provided little explanation of that pattern. In a recent article, I attributed the use of unsecured credit by large firms to the limited capacity of secured credit to lower the lending costs of creditworthy companies. This article uses data from a dozen interviews with small-business bankers to explain the small-business half of that lending pattern. To the extent smallbusiness lenders require secured credit, they do so largely for one significant benefit: secured credit allows small-business lenders to …
Shareholder Enforced Market Discipline: How Much Is Too Much?, Eric J. Gouvin
Shareholder Enforced Market Discipline: How Much Is Too Much?, Eric J. Gouvin
Faculty Scholarship
This Article considers the federal banking regulation regime implemented in response to the widespread bank failures of the 1980s and early 1990s. The first section of the Article examines the moral hazard problem created by the presence of the deposit insurance scheme and the market discipline debate that has attempted to correct the moral hazard problem. The Author argues that the law has evolved to make bank holding companies the primary enforcers of market discipline. The Article’s second section examines the specific regulatory changes that have been designed to create an incentive for bank holding companies to impose discipline on …
Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam Baer
Towards A More Balanced Treatment Of Bidder And Target Shareholders, Miriam Baer
Faculty Scholarship
No abstract provided.
Why We Bother: A Primer In How Activism Enhances Returns, Jon Lukomnik
Why We Bother: A Primer In How Activism Enhances Returns, Jon Lukomnik
Fordham Journal of Corporate & Financial Law
No abstract provided.
Institutional Investors: Agents Of Change, James E. Heard
Institutional Investors: Agents Of Change, James E. Heard
Fordham Journal of Corporate & Financial Law
No abstract provided.
Corporate Governance: Does It Make A Difference?, Martin Lipton
Corporate Governance: Does It Make A Difference?, Martin Lipton
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Activist Board And Corporate Governance, Terrence J. Gallagher
The Activist Board And Corporate Governance, Terrence J. Gallagher
Fordham Journal of Corporate & Financial Law
No abstract provided.
Corporate Governance In Europe, Patrick Speeckaert
Corporate Governance In Europe, Patrick Speeckaert
Fordham Journal of Corporate & Financial Law
No abstract provided.
Are There Too Many Cooks In The Corporate Kitchen?, Jill Fisch
Are There Too Many Cooks In The Corporate Kitchen?, Jill Fisch
Fordham Journal of Corporate & Financial Law
No abstract provided.
Synergy And Friction – Cra, Bhcs, Sba And Community Development Lending, Cassandra Jones Havard
Synergy And Friction – Cra, Bhcs, Sba And Community Development Lending, Cassandra Jones Havard
All Faculty Scholarship
The era of federal funding retrenchment makes acute the need for community businesses to have access to capital. The Small Business Administration (SBA) provides small businesses with access to low-cost loans funds. The existing SBA regulatory scheme fosters an approach which allows a private mechanism, lenders, to make public policy decisions about the socio-economic character of communities. Implicit in the Community Reinvestment Act (CRA) and its recent reforms are a recognition of the complex interdependence among policy objectives. The reform statute specifically recognizes that geographical disinvestment has an equally deleterious effect on small business lending as it does on residential …
Searching For Negotiability In Payment And Credit Systems, Ronald J. Mann
Searching For Negotiability In Payment And Credit Systems, Ronald J. Mann
Faculty Scholarship
The casual observer of the legal academy would assume that negotiability is a legal principle of foundational importance to our nation's payment and credit systems. All of the obvious indicators support that assumption. Among other things, the 1980s witnessed a major effort by the American Law Institute and the National Conference of Commissioners on Uniform State Laws to update and revise the relevant provisions of the Uniform Commercial Code. Similarly, negotiability continues to occupy a safe position in law school curricula, as prominent academics at our most elite schools continue to write casebooks focusing on negotiability. Most recently, for example, …
Environmental Law: The Impact On Businesses, Property Owners, And Lenders, Oregon Law Institute, Richard M. Glick, Ian K. Whitlock, Lawrence B. Burke, J. Mark Morford, Leslie A. Carlough, Christopher R. Hermann, Mark C. Rutzick
Environmental Law: The Impact On Businesses, Property Owners, And Lenders, Oregon Law Institute, Richard M. Glick, Ian K. Whitlock, Lawrence B. Burke, J. Mark Morford, Leslie A. Carlough, Christopher R. Hermann, Mark C. Rutzick
Oregon Law Institute, 1996
Course Materials from the November 8, 1996 Program in Portland