Business Organizations Law Commons^™

Throttle Me Not: 2015 Open Internet Order Protects Unlimited Data Plan Users, Shawn Marcum

American University Business Law Review

No abstract provided.

Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel

American University Business Law Review

No abstract provided.

Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Why Anti-Surcharge Laws Do Not Violate A Merchant's Freedom Of Speech, Annie P. Anderson

American University Law Review

First Amendment litigation is surrounding state anti-surcharge laws, which prevent merchants from imposing surcharges on transactions where customers use credit cards. These laws effectively prevent stores from passing credit card "swipe fees" onto their customers. Merchants argue that because the laws still allow them to provide discounts to customers who use other forms of payment, the laws violate their First Amendment rights by impermissibly restricting the way the stores can communicate. The state governments, in contrast, have defended the laws by asserting that they regulate conduct, not business speech, and therefore do not violate the First Amendment.

The Supreme Court …

Where Are The Jobs In The Jobs Act? An Examination Of The Uneasy Connection Between Securities Disclosure And Job Creation, Ian K. Peck

American University Business Law Review

No abstract provided.

Protecting Delaware Corporate Law: Section 115 And Its Underlying Ramifications, Andrew Holt

American University Business Law Review

No abstract provided.

The Business Of Art Theft: Assessing Auction House Standard Of Care And The Sale Of Stolen Cultural Property, Alexandra M.S. Wilson

American University Business Law Review

No abstract provided.

Panel Introduction

American University Business Law Review

No abstract provided.

Welcome To The Space Jam: How United States Regulators Should Govern Google And Facebook's New Internet Providing High Altitude Platforms, George V. John

American University Business Law Review

No abstract provided.

Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont

American University Business Law Review

No abstract provided.

Overlapping Financial Investor Ownership, Market Power, And Antitrust Enforcement: My Qualified Agreement With Professor Elhauge, Jonathan Baker

Scholarly Articles in Law Reviews & Journals

As is well known among financial economists but not previously recognized within the antitrust community, large and diversified institutional investors such as BlackRock, Fidelity, State Street, and Vanguard collectively own roughly two-thirds of the shares of publicly traded U.S. firms overall, up from about one-third in 1980. Recent economic research involving airlines and banking raises the possibility that overlapping ownership of horizontal rivals by diversified financial institutions facilitates anticompetitive conduct throughout the economy, and that the problem has been growing for decades, unnoticed until now. This response to an article by Professor Einer Elhauge, explains why it may be more …

Why Delaware Courts Should Abolish The Schnell Doctrine, Mary Siegel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Sac Capital: Firm Criminal Liability, Civil Fines, And The Insulated Ceo, Frances E. Chapman, Marianne Jennings, Lauren Tarasuk

American University Business Law Review

No abstract provided.

If The Question Is Chocolate-Related, The Answer Is Always Yes: Why Doe V. Nestle Reopens The Door For Corporate Liability Of U.S. Corporations Under The Alien Tort Statute, Amanda A. Humphreville

American University Law Review

No abstract provided.

Condemning A Residential Mortgage Loan: Is It An Extraterritorial Taking?, Michael M. Sandez

American University Business Law Review

No abstract provided.

The Interface Between Arbitration And The Brussels Regulation, Filip De Ly

American University Business Law Review

No abstract provided.

The Harms Of The Benefit Corporation, Kennan El Khatib

American University Law Review

No abstract provided.

Publicly-Traded Llcs: The New Kid On The Exchange, Mary Siegel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Did Congress Intend For Corporations To Benefit From The Mvra?, Leslie M. Villacis Esq.

Legislation and Policy Brief

When it enacted the statute, did Congress consider corporations to be “victims” entitled to restitution under the MVRA? This answer has not been provided or discussed by existing case law applying the MVRA. This article answers this question. In addition, it highlights the possible issues a judge may encounter in the application and interpretation of the MVRA, the current use of the MVRA by corporations, and offers potential defenses a defendant could employ in challenging a corporate giant’s restitution request. Additionally, I discuss several policy arguments justifying the application of the MVRA to corporations as well those arguments that oppose …

The Expanding Reach Of The Executive In Foreign Direct Investment: How Ralls V. Cfius Will Alter The Fdi Landscape In The United States, Hunter Deeley

American University Business Law Review

No abstract provided.

To Pay Or Not To Pay: Interpretation Of Section 302 Of The Labor Management Relations Act As Evidenced By Titan Tire, Dylan Mooney

American University Business Law Review

No abstract provided.

Data Retention Requirements And Outsourced Analysis: Should Private Entities Become Government Surrogates In The Collection Of Intelligence?, Michael J. Woods

American University Business Law Review

No abstract provided.

Stare Indecisis: The Federal Circuit's En Banc Battle Against Itself And Business In Lighting Ballast Control, Llc V. Philips Electronics North America Corp., Ronny Valdes

American University Business Law Review

No abstract provided.

Pre-Crime Restraints: The Explosion Of Targeted, Non-Custodial Prevention, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

This Article exposes the ways in which noncustodial pre-crime restraints have proliferated over the past decade, focusing in particular on three notable examples — terrorism-related financial sanctions, the No Fly List, and the array of residential, employment, and related restrictions imposed on sex offenders. Because such restraints do not involve physical incapacitation, they are rarely deemed to infringe core liberty interests. Because they are preventive, not punitive, criminal law procedural protections do not apply. They have exploded largely unchecked — subject to little more than bare rationality review and negligible procedural protections — and without any coherent theory as to …

The Problems And Promise Of "Enhanced Business Judgement", Mary Siegel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Citizens Derided: Corporate Politics In The Roberts Court, Jamin B. Raskin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Non-Party Interests In Closing Opinion Letters, Heather Hughes

Scholarly Articles in Law Reviews & Journals

INTRODUCTION: What do transactional lawyers do when they issue third-party opinion letters in financial transactions? This descriptive question turns out to be quite complex'-so complex that the normative question of what lawyers should do when they issue opinions, as well as the practical question of what they could do, are difficult to answer. This Symposium Article reflects upon third-party closing opinions as a central aspect of business law practice that can be opaque to outsiders. The ideas expressed here are exploratory. In the spirit of reflecting on what transactional lawyers do, this contribution considers deal lawyer strategies as potential tools …

M&A As One Component Of A Business Planning Course, Lyman Johnson, Sean Leuba

American University Business Law Review

No abstract provided.

The Illusion Of Enhanced Review Of Board Actions, Mary Siegel

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Book Review: Derivatives Traders Do What, Again?, Heather Hughes

Book Reviews

Critics of financial regulation sing a classic refrain, associated with Friedrich Hayek’s theories: Regulation cannot match the temporality of capitalism, as it is based on analysis of what has already transpired in markets that are perpetually evolving. In Collateral Knowledge, Annelise Riles disrupts the Hayekian critique of financial regulation. She presents collateral in derivatives markets as a technique and an aesthetic practice and then contends that state actors also can deploy private actors’ techniques in response to the temporal nature of markets. There is nothing inherently private about the methods of self-governance that private actors use to accommodate temporality. This …