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Villanova University Charles Widger School of Law

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Articles 61 - 90 of 152

Full-Text Articles in Business Organizations Law

Lawyers In The Moral Maze , Mark A. Sargent Mar 2004

Lawyers In The Moral Maze , Mark A. Sargent

Working Paper Series

This article overviews the various forms of lawyer complicity in illegal or immoral behavior by corporate managers in the corporate scandals of the last three years, but focuses primarily on the question of why lawyers so often seemed willing to engage in or ignore behavior that presumably violated their own personal moral codes (whether religious or secular) as well as their professional role morality. The article draws on Robert Jackall's Moral Mazes (1988) for an answer derived from the sociology of corporate bureaucracies. Jackall's case studies of corporate managers found that managers adhered to the moral "rules-in-use" developed in their …


Lawyers In The Perfect Storm, Mark A. Sargent Oct 2003

Lawyers In The Perfect Storm, Mark A. Sargent

Working Paper Series

The multiple corporate collapses and scandals of recent years, for which "Enron" is a convenient shorthand, resulted from a perfect storm in which regulatory oversight, the law of fiduciary duty, gatekeepers, market discipline, and contractual incentives all failed to prevent gross self-dealing, conflicts of interest, and deception, or themselves produced perverse consequences. The story of this simultaneous failure of the structures in place since the New Deal and before, has received considerable attention in both the popular and scholarly literature, but is summarized here to provide a context for consideration of the contributions that lawyers made to the perfect storm. …


Using Environmental Insurance To Manage Risk Encountered In Non-Traditional Transactions, Janice E. Falini Jan 2003

Using Environmental Insurance To Manage Risk Encountered In Non-Traditional Transactions, Janice E. Falini

Villanova Environmental Law Journal (1991 - )

No abstract provided.


The Sarbanes-Oxley Act And The Reinvention Of Corporate Governance, Lawrence E. Mitchell Jan 2003

The Sarbanes-Oxley Act And The Reinvention Of Corporate Governance, Lawrence E. Mitchell

Villanova Law Review (1956 - )

No abstract provided.


Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox Jan 2003

Managing And Monitoring Conflicts Of Interest: Empowering The Outside Directors With Independent Counsel, James D. Cox

Villanova Law Review (1956 - )

No abstract provided.


Observations On The Role Of Commodification, Indpendence, And Governance In The Accounting Industry, Jonathan Macey, Hillary A. Sale Jan 2003

Observations On The Role Of Commodification, Indpendence, And Governance In The Accounting Industry, Jonathan Macey, Hillary A. Sale

Villanova Law Review (1956 - )

No abstract provided.


Enron - When All Systems Fail: Creative Destruction Or Roadmap To Corporate Governance Reform, Douglas M. Branson Jan 2003

Enron - When All Systems Fail: Creative Destruction Or Roadmap To Corporate Governance Reform, Douglas M. Branson

Villanova Law Review (1956 - )

No abstract provided.


Is There A Role For Lawyers In Preventing Future Enrons, Jill E. Fisch, Kenneth M. Rosen Jan 2003

Is There A Role For Lawyers In Preventing Future Enrons, Jill E. Fisch, Kenneth M. Rosen

Villanova Law Review (1956 - )

No abstract provided.


Managing The Expectations Gap In Inventor Protection: The Sec And The Post-Enron Reform Agenda, Donald C. Langevoort Jan 2003

Managing The Expectations Gap In Inventor Protection: The Sec And The Post-Enron Reform Agenda, Donald C. Langevoort

Villanova Law Review (1956 - )

No abstract provided.


A Revisionist View Of Enron And The Sudden Death Of May, Frank Partnoy Jan 2003

A Revisionist View Of Enron And The Sudden Death Of May, Frank Partnoy

Villanova Law Review (1956 - )

No abstract provided.


Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell Jan 2002

Convergence In Corporate Governance - Possible, But Not Desirable, Brett H. Mcdonnell

Villanova Law Review (1956 - )

No abstract provided.


And The Winner Is - Interpreting The Lead Plaintiff And The Lead Counsel Provisions Of The Private Securities Litigation Reform Act Of 1995, Ashe P. Puri Jan 2002

And The Winner Is - Interpreting The Lead Plaintiff And The Lead Counsel Provisions Of The Private Securities Litigation Reform Act Of 1995, Ashe P. Puri

Villanova Law Review (1956 - )

No abstract provided.


All Quiet On The Paper Front: Asserting A Fifth Amendment Privilege To Avoid Production Of Corporate Documents In In Re Three Grand Jury Subpoenas Duces Tecum Dated January 29, 1999, Thomas J. Koffer Jan 2001

All Quiet On The Paper Front: Asserting A Fifth Amendment Privilege To Avoid Production Of Corporate Documents In In Re Three Grand Jury Subpoenas Duces Tecum Dated January 29, 1999, Thomas J. Koffer

Villanova Law Review (1956 - )

No abstract provided.


Regulation Fd Provides Firm Footing On Selective Disclosure High Wire, Anthony T. Horgan Jan 2001

Regulation Fd Provides Firm Footing On Selective Disclosure High Wire, Anthony T. Horgan

Villanova Law Review (1956 - )

No abstract provided.


Dead End: Delaware's Response To The Recent Innovation In Corporate Antitakeover Measures, The So-Called Dead Hand Poison Pill, In Carmody V. Toll Brothers, Inc., Michael B. Regan Jan 1999

Dead End: Delaware's Response To The Recent Innovation In Corporate Antitakeover Measures, The So-Called Dead Hand Poison Pill, In Carmody V. Toll Brothers, Inc., Michael B. Regan

Villanova Law Review (1956 - )

No abstract provided.


Corporate Decisionmaking And The Moral Rights Of Employees: Participatory Management And Natural Law, Stephen M. Bainbridge Jan 1998

Corporate Decisionmaking And The Moral Rights Of Employees: Participatory Management And Natural Law, Stephen M. Bainbridge

Villanova Law Review (1956 - )

No abstract provided.


Limiting Operator Liability For Parent Corporations Under Cercla: United States V. Cordova Chemical Co., Amy C. Stovall Jan 1998

Limiting Operator Liability For Parent Corporations Under Cercla: United States V. Cordova Chemical Co., Amy C. Stovall

Villanova Law Review (1956 - )

No abstract provided.


A Primer On The Basics Of Directors' Duties In Delaware: The Rules Of The Game (Part Ii), Craig W. Palm, Mark A. Kearney Jan 1997

A Primer On The Basics Of Directors' Duties In Delaware: The Rules Of The Game (Part Ii), Craig W. Palm, Mark A. Kearney

Villanova Law Review (1956 - )

No abstract provided.


Indemnification Of Directors And Officers: The Double Whammy Of Mandatory Indemnification Under Delaware Law In Waltuch V. Conticommodity Services, Inc., Kurt A. Mayr Ii Jan 1997

Indemnification Of Directors And Officers: The Double Whammy Of Mandatory Indemnification Under Delaware Law In Waltuch V. Conticommodity Services, Inc., Kurt A. Mayr Ii

Villanova Law Review (1956 - )

No abstract provided.


Kahn V. Virginia Retirement System: The Impact Of Rule 10b-5'S Corporate Disclosure Requirements On The Williams Act's Tender Offer And Best Price Rules, Henry L. Scott Nearing Iii Jan 1995

Kahn V. Virginia Retirement System: The Impact Of Rule 10b-5'S Corporate Disclosure Requirements On The Williams Act's Tender Offer And Best Price Rules, Henry L. Scott Nearing Iii

Villanova Law Review (1956 - )

No abstract provided.


A Primer On The Basics Of Directors' Duties In Delaware: The Rules Of The Game (Part I), Craig W. Palm, Mark A. Kearney Jan 1995

A Primer On The Basics Of Directors' Duties In Delaware: The Rules Of The Game (Part I), Craig W. Palm, Mark A. Kearney

Villanova Law Review (1956 - )

No abstract provided.


Nodak Bancorporation V. Clarke: Redefining The Rights Of Minority Shareholders In A Freeze-Out Merger Under The National Bank Act, Diana R. Ivanovic Jan 1994

Nodak Bancorporation V. Clarke: Redefining The Rights Of Minority Shareholders In A Freeze-Out Merger Under The National Bank Act, Diana R. Ivanovic

Villanova Law Review (1956 - )

No abstract provided.


Corporate Law - Developing Uniformity In Limitations Periods For Implied Private Actions Under The Securities Exchange Act Of 1934, Gregory W. Ladner Jan 1994

Corporate Law - Developing Uniformity In Limitations Periods For Implied Private Actions Under The Securities Exchange Act Of 1934, Gregory W. Ladner

Villanova Law Review (1956 - )

No abstract provided.


Corporate Law - Mergers And Double Derivative Actions: The New Frontiers In Derivative Standing, Christopher M. Harvey Jan 1993

Corporate Law - Mergers And Double Derivative Actions: The New Frontiers In Derivative Standing, Christopher M. Harvey

Villanova Law Review (1956 - )

No abstract provided.


Liability Of Officers, Directors And Stockholders Under Cercla: The Case For Adopting State Law, Richard G. Dennis Jan 1991

Liability Of Officers, Directors And Stockholders Under Cercla: The Case For Adopting State Law, Richard G. Dennis

Villanova Law Review (1956 - )

No abstract provided.


Delaware's Omnipotent Business Judgment Rule: Who Speaks For The Shareholders, Chris J. Pietrafitta Jan 1990

Delaware's Omnipotent Business Judgment Rule: Who Speaks For The Shareholders, Chris J. Pietrafitta

Villanova Law Review (1956 - )

No abstract provided.


Pennsylvania Says, Not In My House, Paul D. Weller Jan 1989

Pennsylvania Says, Not In My House, Paul D. Weller

Villanova Law Review (1956 - )

No abstract provided.


The S.E.C. And The Sale Of Control: Ambivalence, Vacillation Or Pusillanimity, David Cowan Bayne Jan 1988

The S.E.C. And The Sale Of Control: Ambivalence, Vacillation Or Pusillanimity, David Cowan Bayne

Villanova Law Review (1956 - )

No abstract provided.


The Horizontal Merger Guidelines Of The Department Of Justice And The National Association Of Attorneys General Compared In The Context Of Recent Cases And Consent Decrees, John Cirace Jan 1988

The Horizontal Merger Guidelines Of The Department Of Justice And The National Association Of Attorneys General Compared In The Context Of Recent Cases And Consent Decrees, John Cirace

Villanova Law Review (1956 - )

No abstract provided.


Continuity And Change: Partnership Formation Under The Common Law, Deborah W. Post Jan 1987

Continuity And Change: Partnership Formation Under The Common Law, Deborah W. Post

Villanova Law Review (1956 - )

No abstract provided.