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Business Organizations Law Commons™

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2006

Discipline
Institution
Keyword
Publication
Publication Type

Articles 301 - 303 of 303

Full-Text Articles in Business Organizations Law

The Impact Of The War Over The Corporate Attorney-Client Privilege On The Business Of American Health Care, Sarah Helene Duggin Jan 2006

The Impact Of The War Over The Corporate Attorney-Client Privilege On The Business Of American Health Care, Sarah Helene Duggin

Scholarly Articles

The purpose of this article is to review the current dispute over the corporate attorney-client privilege and work product doctrine and to explore its impact on the provision of health care. The article's principal thesis is that a strong attorney-client privilege, along with robust work product protection, is critical to the business of health care, the quality of medical services, and the effective enforcement of federal and state health care laws. Part I begins with a brief account of the origins and scope of the conflict between federal law enforcement policies and the corporate attorney-client privilege and work product doctrine …

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Restoring Trust In Corporate Directors: The Disney Standard And The ‘New’ Good Faith, Sarah Helene Duggin, Stephen M. Goldman Jan 2006

Restoring Trust In Corporate Directors: The Disney Standard And The ‘New’ Good Faith, Sarah Helene Duggin, Stephen M. Goldman

Scholarly Articles

The purpose of this Article is to explore the parameters and potential impact of the good faith standard articulated in Disney V and clarified in Stone. Part I begins with a brief review of the historical impact of the tension between entrepreneurial freedom and managerial accountability, and Part II explains why the Disney standard differs significantly from the traditional understanding of good faith as the absence of subjective bad faith. Part III points out that the court's use of the language of bad faith to articulate the new good faith may undercut the effectiveness of the standard. It urges further …

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The Fundamental Rights Of The Shareholder, Julian Velasco Jan 2006

The Fundamental Rights Of The Shareholder, Julian Velasco

Journal Articles

Shareholders have many legal rights, but they are not all of equal significance. This article will argue that two rights — the right to elect directors and the right to sell shares — are more important than any others, that these rights should be considered the fundamental rights of the shareholder, and that, as such, they deserve a great deal of respect and protection by law.
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/="/">The history of corporate law has been one of increasing flexibility for directors and decreasing rights for shareholders. Although the law seems to have coalesced around the norm of shareholder primacy, this …

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