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Business Organizations Law Commons™

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Pepperdine University

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Articles 91 - 120 of 134

Full-Text Articles in Business Organizations Law

Interpreting Nonshareholder Constituency Statutes, Stephen M. Bainbridge Nov 2012

Interpreting Nonshareholder Constituency Statutes, Stephen M. Bainbridge

Pepperdine Law Review

No abstract provided.


Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire Nov 2012

Regulatory Conflicts: International Tender And Exchange Offers In The 1990s, John C. Maguire

Pepperdine Law Review

No abstract provided.


Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt Nov 2012

Mandatory Class Action Lawsuits As A Restructuring Technique, Bryant B. Edwards, Jeffrey A. Herbst, Selina K. Hewitt

Pepperdine Law Review

No abstract provided.


Corporate Governance: Some Unasked Questions A Personal Commentary, Henry Lesser Nov 2012

Corporate Governance: Some Unasked Questions A Personal Commentary, Henry Lesser

Pepperdine Law Review

No abstract provided.


Foreword, Marc I. Steinberg Nov 2012

Foreword, Marc I. Steinberg

Pepperdine Law Review

No abstract provided.


The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino Nov 2012

The New Uniform Statute Of Limitations For Federal Securities Fraud Actions: Its Evolution, Its Impact, And A Call For Reform, Anthony Michael Sabino

Pepperdine Law Review

No abstract provided.


Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe Nov 2012

Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe

Pepperdine Law Review

No abstract provided.


Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon Nov 2012

Federal Judicial And Legislative Jurisdiction Over Entities Abroad: The Long-Arm Of U.S. Antitrust Law And Viable Solutions Beyond The Timberlane/Restatement Comity Approach, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.


Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers Nov 2012

Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers

Pepperdine Law Review

No abstract provided.


How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers Nov 2012

How Long Can This Go On? The Controversy Over The Application Of The Statute Of Limitations To S Corporations And Their Shareholders, J. Marcus Sommers

Pepperdine Law Review

No abstract provided.


Delaware's Duty To Auction After Paramount Communications, Inc. V. Qvc Network, Inc., Robert D. Ming Nov 2012

Delaware's Duty To Auction After Paramount Communications, Inc. V. Qvc Network, Inc., Robert D. Ming

Pepperdine Law Review

No abstract provided.


Utility Of Personal Service Corporations For Athletes, Bret M. Kanis Nov 2012

Utility Of Personal Service Corporations For Athletes, Bret M. Kanis

Pepperdine Law Review

No abstract provided.


Valuing The Environment: Noaa's New Regulations Under The Oil Pollution Act Of 1990, Ronald M. Pierce Nov 2012

Valuing The Environment: Noaa's New Regulations Under The Oil Pollution Act Of 1990, Ronald M. Pierce

Pepperdine Law Review

No abstract provided.


Death In One Act: The Case For Company Registration, Michael Mcdonough Oct 2012

Death In One Act: The Case For Company Registration, Michael Mcdonough

Pepperdine Law Review

No abstract provided.


An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings Oct 2012

An Innovative Link Between The Internet, The Capital Markets, And The Sec: How The Internet Direct Public Offering Helps Small Companies Looking To Raise Capital, Daniel Everett Giddings

Pepperdine Law Review

No abstract provided.


Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn Oct 2012

Irreconcilable Differences: Why The Doctor-Patient Relationship Is Disintegrating At The Hands Of Health Maintenance Organizations And Wall Street, Mark O. Hiepler, Brian C. Dunn

Pepperdine Law Review

No abstract provided.


Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler Oct 2012

Shareholder Demands For Higher Corporate Earnings Have Their Price: How Courts Allow Employers To Fire Older Employees For Their Achievements, Kester Spindler

Pepperdine Law Review

No abstract provided.


Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek, Denise Dunleavy Oct 2012

Transcript From Beyond Tobacco Symposium, Comments On Hamilton V. Accu-Tek, Denise Dunleavy

Pepperdine Law Review

No abstract provided.


Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall Oct 2012

Economic And Causation Issues In City Suits Against Gun Manufacturers , Frank J. Vandall

Pepperdine Law Review

No abstract provided.


Taking Aim: The Impetus Driving Suits Against Gun Manufacturers , Mark Barnes Oct 2012

Taking Aim: The Impetus Driving Suits Against Gun Manufacturers , Mark Barnes

Pepperdine Law Review

No abstract provided.


Federalism And Preemption In October Term 1999, Jonathan D. Varat Oct 2012

Federalism And Preemption In October Term 1999, Jonathan D. Varat

Pepperdine Law Review

No abstract provided.


Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study, Ryan J. Gaffney Oct 2012

Hype And Hostility For Hybrid Companies: A Fourth Sector Case Study, Ryan J. Gaffney

The Journal of Business, Entrepreneurship & the Law

The traditional three-sector ownership model of society grows outmoded. The prevalence of quasi-governmental agencies, public-private partnerships, and government bailouts blurs the line between the public and private sectors. Of concern to this article, however, is the blurring between the private and nonprofit sectors. The cross-pollination is so widespread that a call stands to amend the existing model with an “emerging fourth sector.” The social entrepreneurs attempting to bridge the gap between sectors face limitations from the outset of their venture; legislators did not design traditional legal entities for a “double bottom line” that includes social impact as well as profit. …


Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?, Jaclyn Cherry Oct 2012

Charitable Organizations And Commercial Activity: A New Era - Will The Social Entrepreneurship Movement Force Change?, Jaclyn Cherry

The Journal of Business, Entrepreneurship & the Law

It is no longer a new trend for charitable organizations to become involved in commercial activities. Thousands of nonprofit organizations have embraced the social entrepreneurial concept and have either created “commercial” type ventures as part of their nonprofits, have created spin-off organizations or subsidiary organizations, or have moved into the new area of hybrid organizations. Because there are no clear rules or guidelines for dealing with this issue, the third sector finds itself with rogue components and a spin-off group of hybrid organizations being loosely termed “social entrepreneurs.” Though these groups have grown in numbers in recent years, they have …


California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?, Christen Clarke Oct 2012

California's Flexible Purpose Corporation: A Step Forward, A Step Back, Or No Step At All?, Christen Clarke

The Journal of Business, Entrepreneurship & the Law

The roads of social welfare and commercial enterprise have come to an intersection in recent years. Laws governing corporations are expanding to make room for new forms of business entities that seek to satisfy both social and financial goals. The two most prominent “hybrid” business forms are the Low-Profit Limited Liability Company and the Benefit Corporation. The newest hybrid entity to take effect is the Flexible Purpose Corporation, which was introduced in California at the beginning of 2012. With the existence of hybrid organizations that already fit into the mold of Corporations and Limited Liability Companies, is there really a …


Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson Oct 2012

Agents Without Principals: Regulating The Duty Of Loyalty For Nonprofit Corporations Through The Intermediate Sanctions Tax Regulations, Carly B. Eisenberg, Kevin Outterson

The Journal of Business, Entrepreneurship & the Law

Delaware corporate law imposes a duty of loyalty on officers and directors as a mechanism to regulate and deter self-dealing transactions. In nonprofit corporations, however, there are generally no shareholders with direct financial incentives to monitor against self-dealing. In the absence of shareholders and other principals, Congress and the IRS have articulated duty of loyalty rules for nonprofits that reach far beyond those applied to the for-profit world--most prominently the § 4958 intermediate sanctions. This article identifies the persons who owe a duty of loyalty to a nonprofit corporation, the applicable fiduciary standards for violating the duty of loyalty, and …


Reforming Executive Compensation: What Do We Know And Where Do We Go?, Priyanka Rajagopalan Sep 2012

Reforming Executive Compensation: What Do We Know And Where Do We Go?, Priyanka Rajagopalan

The Journal of Business, Entrepreneurship & the Law

In this Article, I study a fascinating problem - what are the legal, political and economic implications of regulating executive bonuses? While the Administration's recent consideration of proposals to tax bonuses of AIG executives has sparked a great deal of media speculation and attention, there has been little legal scholarship discussing the various possible consequences of this and other methods of regulating executive compensation. Especially given the growing interest in executive compensation and the possible benefits and costs of regulation in this arena, I believe this paper will make a significant scholarly contribution to the existing literature on corporate governance …


Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady Jul 2012

Determining The Proper Pleading Standard Under The Private Securities Litigation Reform Act Of 1995 After In Re Silicon Graphics , Erin Brady

Pepperdine Law Review

No abstract provided.


Regulation Fd Will Result In Poorer Disclosure And Increased Market Volatility, Joanna E. Barnes May 2012

Regulation Fd Will Result In Poorer Disclosure And Increased Market Volatility, Joanna E. Barnes

Pepperdine Law Review

No abstract provided.


Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson May 2012

Corporate Criticism On The Internet: The Fine Line Between Anonymous Speech And Cybersmear, Scot Wilson

Pepperdine Law Review

No abstract provided.


The Lawyer As Truth-Teller: Lessons From Enron, Thomas G. Bost Mar 2012

The Lawyer As Truth-Teller: Lessons From Enron, Thomas G. Bost

Pepperdine Law Review

The teaching and practice of law assume and are shaped by the standard vision of lawyer conduct and ethical responsibility. Under the standard vision, which is reflected in the various codes of professional responsibility governing lawyers, the lawyer is a "neutral partisan" for his or her client: "neutral" in that he does not let his moral values affect his actions on behalf of his client; "partisan" in that she does whatever she can within the limits of the law to advance her client's stated interests. Because the standard vision is readily understood by most lawyers as imposing a code of …