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Business Organizations Law Commons™

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University of Maryland Francis King Carey School of Law

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Articles 151 - 180 of 212

Full-Text Articles in Business Organizations Law

The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth Jan 2007

The Missing Link Between Insider Trading And Securities Fraud, Richard A. Booth

Journal of Business & Technology Law

No abstract provided.


The Answer To Excessive Executive Compensation Is Risk, Not The Market, Charles M. Elson Jan 2007

The Answer To Excessive Executive Compensation Is Risk, Not The Market, Charles M. Elson

Journal of Business & Technology Law

No abstract provided.


A Perspective On Federal Corporation Law, Mark J. Loewenstein Jan 2007

A Perspective On Federal Corporation Law, Mark J. Loewenstein

Journal of Business & Technology Law

No abstract provided.


A Commentary On Mcdonnell, Ahdieh, Hamermesh, And Johnson’S Views On Federal Corporation Law And The Aig Kerfuffle, Jennifer O’Hare Jan 2007

A Commentary On Mcdonnell, Ahdieh, Hamermesh, And Johnson’S Views On Federal Corporation Law And The Aig Kerfuffle, Jennifer O’Hare

Journal of Business & Technology Law

No abstract provided.


Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless Jan 2007

Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - History & Background, Royce De R. Barondes, Lisa Fairfax, Lawrence A. Hamermesh, Robert Lawless

Journal of Business & Technology Law

No abstract provided.


Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe Jan 2007

Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - Theory And Policy, Kelli A. Alces, Larry E. Ribstein, Alan Schwartz, Simone M. Sepe

Journal of Business & Technology Law

No abstract provided.


Merck Kgaa V. Integra Lifesciences I Ltd.: How Broad Can You Go? The Supreme Court Makes Room For Preclinical Research In The Drug Price Competition And Patent Term Restoration Act's Safe Harbor Provision, Lauren B. Willis Jan 2007

Merck Kgaa V. Integra Lifesciences I Ltd.: How Broad Can You Go? The Supreme Court Makes Room For Preclinical Research In The Drug Price Competition And Patent Term Restoration Act's Safe Harbor Provision, Lauren B. Willis

Journal of Business & Technology Law

No abstract provided.


Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway Jan 2007

Hell Hath No Fury Like An Investor Scorned: Retribution, Deterrence, Restoration, And The Criminalization Of Securities Fraud Under Rule 10b-5, Joan Macleod Heminway

Journal of Business & Technology Law

No abstract provided.


Recent Skirmishes In The Battle Over Corporate Voting And Governance, Brett H. Mcdonnell Jan 2007

Recent Skirmishes In The Battle Over Corporate Voting And Governance, Brett H. Mcdonnell

Journal of Business & Technology Law

No abstract provided.


Direct Creditor Claims For Breach Of Fiduciary Duty: Is They Is, Or Is They Ain't? A Practitioner's Notes From The Field, Roger A. Lane Jan 2007

Direct Creditor Claims For Breach Of Fiduciary Duty: Is They Is, Or Is They Ain't? A Practitioner's Notes From The Field, Roger A. Lane

Journal of Business & Technology Law

No abstract provided.


Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces Jan 2007

Directors' Duties In Failing Firms, Larry E. Ribstein, Kelli A. Alces

Journal of Business & Technology Law

No abstract provided.


Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane Jan 2007

Twilight In The Zone Of Insolvency: Fiduciary Duty And Creditors Of Troubled Companies - The Duty To Creditors In Practice, J. William Callison, Mark A. Grovic, James J. Hanks Jr., Roger A. Lane

Journal of Business & Technology Law

No abstract provided.


Fiduciary Duties In Distressed Corporations: Second Generation Issues, Royce De R. Barondes Jan 2007

Fiduciary Duties In Distressed Corporations: Second Generation Issues, Royce De R. Barondes

Journal of Business & Technology Law

No abstract provided.


Why A Fiduciary Duty Shift To Creditors Of Insolvent Business Entities Is Incorrect As A Matter Of Theory And Practice, J. William Callison Jan 2007

Why A Fiduciary Duty Shift To Creditors Of Insolvent Business Entities Is Incorrect As A Matter Of Theory And Practice, J. William Callison

Journal of Business & Technology Law

No abstract provided.


Wood Prince V. Lynch: Opening The Door For Subsequent Misapplications Of The Business Judgment Rule To Claims Alleging That A Trustee Has Breached His Fiduciary Duty Of Loyalty, Megan L. Reuwer Jan 2007

Wood Prince V. Lynch: Opening The Door For Subsequent Misapplications Of The Business Judgment Rule To Claims Alleging That A Trustee Has Breached His Fiduciary Duty Of Loyalty, Megan L. Reuwer

Journal of Business & Technology Law

No abstract provided.


Criminalization Of Corporate Law, David Anders Jan 2007

Criminalization Of Corporate Law, David Anders

Journal of Business & Technology Law

No abstract provided.


What's Good For The Goose? A Critical Essay On "Best Practices" For Private Firms, Jennifer Johnson Jan 2007

What's Good For The Goose? A Critical Essay On "Best Practices" For Private Firms, Jennifer Johnson

Journal of Business & Technology Law

No abstract provided.


Regulating Excessive Executive Compensation - Why Bother?, Jerry W. Markham Jan 2007

Regulating Excessive Executive Compensation - Why Bother?, Jerry W. Markham

Journal of Business & Technology Law

No abstract provided.


The Hypocrisy Of The Milberg Indictment: The Need For A Coherent Framework On Paying For Cooperation In Litigation, Bruce H. Kobayashi, Larry E. Ribstein Jan 2007

The Hypocrisy Of The Milberg Indictment: The Need For A Coherent Framework On Paying For Cooperation In Litigation, Bruce H. Kobayashi, Larry E. Ribstein

Journal of Business & Technology Law

No abstract provided.


Costa Brava Partnership Iii V. Telos Corp.: Striking An Inconsistent Balance In Plaintiff Shareholder Suits, Patrick W. Flavin Jan 2007

Costa Brava Partnership Iii V. Telos Corp.: Striking An Inconsistent Balance In Plaintiff Shareholder Suits, Patrick W. Flavin

Journal of Business & Technology Law

No abstract provided.


Regulating Excessive Executive Compensation, Jerry W. Markham Oct 2006

Regulating Excessive Executive Compensation, Jerry W. Markham

2006 - The Fall and Rise of Federal Corporation Law

No abstract provided.


The Policy Foundations Of Delaware Corporate Law, Lawrence A. Hamermesh Oct 2006

The Policy Foundations Of Delaware Corporate Law, Lawrence A. Hamermesh

2006 - The Fall and Rise of Federal Corporation Law

No abstract provided.


Recent Developments In Delaware Corporate Law, R. Franklin Balotti Oct 2006

Recent Developments In Delaware Corporate Law, R. Franklin Balotti

2006 - The Fall and Rise of Federal Corporation Law

No abstract provided.


Some Reflections On The Diversity Of Corporate Boards: Women, People Of Color, And The Unique Issues Associated With Women Of Color, Lisa M. Fairfax Feb 2006

Some Reflections On The Diversity Of Corporate Boards: Women, People Of Color, And The Unique Issues Associated With Women Of Color, Lisa M. Fairfax

Faculty Scholarship

As one might expect, there are many similarities between the circumstances of women directors and directors of color, which includes African Americans, Latinos, and Asian Americans. Indeed, both groups began appearing on corporate boards in significant numbers during the same period—right after the Civil Rights Movement pursuant to which the push for racial equality throughout society precipitated efforts to achieve greater representation of people of color as well as women on corporate boards. Moreover, while women and people of color have experienced some increase in board representation over the last few decades, both groups also have encountered significant barriers to …


Should Shares Issued Directly From A Corporation Constitute A Control Share Acquisition? , Andrew J. Opiola Jan 2006

Should Shares Issued Directly From A Corporation Constitute A Control Share Acquisition? , Andrew J. Opiola

Journal of Business & Technology Law

No abstract provided.


Knowledge Is Power: What Went Wrong In The Mutual Fund Industry , Margaret A. Bancroft Jan 2006

Knowledge Is Power: What Went Wrong In The Mutual Fund Industry , Margaret A. Bancroft

Journal of Business & Technology Law

No abstract provided.


The Urge To Merge: Contemporary Theories On The Rise Of Conglomerate Mergers In The 1960s, Timothy M. Hurley Jan 2006

The Urge To Merge: Contemporary Theories On The Rise Of Conglomerate Mergers In The 1960s, Timothy M. Hurley

Journal of Business & Technology Law

No abstract provided.


Mutual Funds And Proxy Voting: New Evidence On Corporate Governance, Burton Rothberg, Steven Lilien Jan 2006

Mutual Funds And Proxy Voting: New Evidence On Corporate Governance, Burton Rothberg, Steven Lilien

Journal of Business & Technology Law

No abstract provided.


Capital Requirements In United States Corporation Law, Richard A. Booth Marbury Research Professor Of Law Dec 2005

Capital Requirements In United States Corporation Law, Richard A. Booth Marbury Research Professor Of Law

Faculty Scholarship

This paper focuses on corporation law in the United States as it relates to capital contributions and capital maintenance. In other words, the paper addresses the provisions of corporation law relating to (1) the obligation of investors to contribute to the corporation a specified amount of capital and (2) the obligation of the corporation to maintain a specified amount of capital (and not to pay it back to the stockholders in the form of dividends or payments to repurchase or redeem shares). Traditionally, the amount of capital that must be contributed to and maintained by a corporation is called the …


Spare The Rod, Spoil The Director? Revitalizing Directors' Fiduciary Duty Through Legal Liability, Lisa M. Fairfax Nov 2005

Spare The Rod, Spoil The Director? Revitalizing Directors' Fiduciary Duty Through Legal Liability, Lisa M. Fairfax

Faculty Scholarship

It appears that our society has tacitly agreed to spare corporate directors any significant legal liability—which includes both financial and incarceration—for failing to perform their duties as board members. Thus, over the last twenty years, there has been a virtual elimination of legal liability—particularly in the form of financial penalties—for directors who breach their fiduciary duty of care. This is true despite the fact that we entrust directors with the awesome responsibility of monitoring all of America's corporations as well as the officers and agents within those corporations. More surprisingly, this tacit agreement against legal liability for directors has persisted …