Business Organizations Law Commons^™

Federal Regulation And Legislation In The Wake Of The Subprime Mortgage Meltdown: A Legal Philosophical Analysis Of Federal Government Responses To Market Bubbles, Joshua Wirth

Fordham Journal of Corporate & Financial Law

No abstract provided.

Waging War With Wal-Mart: A Cry For Change Threatens The Future Of Industrial Loan Corporations, Zachariah J. Lloyd

Fordham Journal of Corporate & Financial Law

No abstract provided.

Bumping Along The Bottom: Abandoned Principles And Failed Fiduciary Standards In Uniform Partnership And Llc Statutes, Rutheford B. Campbell Jr.

Law Faculty Scholarly Articles

Over the last decade or so, the National Conference of Commissioners on Uniform State Laws (NCCUSL) has promulgated a series of uniform laws dealing with unincorporated business entitites. The Uniform Partnership Act (1997) (RUPA), the Uniform Limited Partnership Act (2001) (ULPA (2001)), and the Uniform Limited Liability Company Act (1996) (ULLCA) are recent and important iterations of these uniform laws. One or more of these Acts have been adopted in many states and are certain to garner additional adoptions in the coming years.

Each of the Acts contains provisions that prescribe the fiduciary duties of the entity's managers. The managers' …

Enterprise-Wide Risk Management And Corporate Governance., Steven A. Ramirez

Faculty Publications & Other Works

No abstract provided.

Bridging The Gaps: How Cross-Disciplinary Training With Mbas Can Improve Transactional Education, Prepare Students For Private Practice, And Enhance University Life., Seth Freeman

Fordham Journal of Corporate & Financial Law

No abstract provided.

A Redeeming Interest In Religious Freedom: Are Islamic Mortgage Alternatives Clogs On The Right Of Redemption?, Scott Griswold

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Antitrust Aspects Of Bank Mergers, Editors' Forward

Fordham Journal of Corporate & Financial Law

No abstract provided.

The Antitrust Aspects Of Bank Mergers - Introduction, Carl Felsenfeld

Fordham Journal of Corporate & Financial Law

No abstract provided.

Fin Rah!...A Welcome Change: Why The Merger Was Necessary To Preserve U.S. Market Integrity, Yesenia Cervantes

Fordham Journal of Corporate & Financial Law

No abstract provided.

Credit Derivatives: Industry Initiative Supplants Need For Direct Regulatory Intervention—A Model For The Future Of U.S. Regulation, John T. Lynch

Buffalo Law Review

No abstract provided.

Corporations, Veils, And International Criminal Liability, Ronald Slye

Faculty Articles

This article investigates the issue of corporations and their criminal liability. Specifically, it outlines general arguments surrounding the issue. It provides more of a broad overview, identifying the key arguments that are typically made for applying criminal liability to corporations.

The Sarbanes-Oxley Act And Ethical Corporate Climates: What The Media Reports; What The General Public Knows, Cheryl L. Wade

Faculty Publications

(Excerpt)

The question for participants in the Securities Regulation Section’s program at the 2008 AALS Annual Meeting was whether recent securities regulation reforms hit their mark. I focus in this essay on The Sarbanes-Oxley Act of 2002 (SOX or the Act), the most important legislative reform of securities markets in recent decades. Enacted to assuage public outrage about corporate greed and malfeasance ignited by media reports describing debacles at Enron, WorldCom, Adelphia, Tyco and other companies in 2001 and 2002 (the Corporate Scandals), SOX represented a legislative and political response to public resentment of what some considered a morally impaired …

The Cra: A Welcome Anomaly In The Foreclosure Crisis, Warren W. Traiger

NYLS Law Review

No abstract provided.

The Intersection Between Finance And Intellectual Property: Trade Secrets, Hedge Funds, And Section 13(F) Of The Exchange Act, Erin E. Martin

NYLS Law Review

No abstract provided.

Corporate Responsibility And Carbon-Based Life Forms, Steven Ferrey

Suffolk University Law School Faculty Works

Corporations are being monitored as to their carbon base. The level of carbon in the atmosphere is reaching dangerous levels that threaten corporate productivity, as well as human health. Remember that humans are carbon-based life forms. This Article discusses in detail efforts to halt the release of carbon into the atmosphere and mitigate global warming, from state-led initiatives to litigation in lower courts and the U.S. Supreme Court. It concludes that incentivizing corporations to adopt renewable energy practices is the best way to address corporate citizenship and environmental responsibility.

The Continuing Need For Broker-Dealer Professionalism In Ipos, James A. Fanto

Faculty Scholarship

No abstract provided.

Corporate Social Responsibility Of Multinational Enterprises And The International Business Law Curriculum, Constance Z. Wagner

All Faculty Scholarship

The author argues for expanded coverage of corporate social responsibility in the U.S. law school curriculum. Corporate social responsibility is of increasing importance for businesses, particularly for those companies that conduct multinational operations. Current national legal and regulatory regimes fail to adequately address the social and environmental issues that arise in business operations. As a result, intergovernmental organizations, non-governmental organizations and businesses have begun to promulgate voluntary codes ofconduct. These codes touch on such subjects as core labor standards, environmental protection, bribery offoreign government officials in international business and human rights. Examples include the Organization for Economic Cooperation and Development …

A Better Approach For Balancing Authority And Accountability In Shareholder Derivative Litigation, Ann M. Scarlett

All Faculty Scholarship

Corporations present an interesting illustration of the authority versus accountability dilemma. Shareholders elect the directors of the corporation and the law vests those directors with almost unlimited authority to manage the corporation. Yet, shareholders have few effective means for holding directors accountable for their decisions other than through shareholder derivative litigation. In such litigation, the business judgment rule serves as the mechanism by which courts attempt to balance directors' authority to make decisions for the corporation against shareholders' right to hold directors accountable for those decisions.

As this Article discusses, numerous theories exist as to the proper formulation of the …

Confusion And Unpredictability In Shareholder Derivative Litigation: The Delaware Courts' Response To Recent Corporate Scandals, Ann M. Scarlett

All Faculty Scholarship

The Delaware courts responded to the recent wave of corporate scandals, exemplified by Enron and WorldCom, by changing their approach to shareholder derivative litigation. This Article analyzes the Delaware courts' response to these scandals and concludes that the courts have created doctrinal confusion and introduced unpredictability into derivative litigation. This Article also analyzes the future negative consequences for shareholders, corporations, directors, investors, and other litigants. Finally, this Article proposes improvements for derivative litigation that may alleviate the confusion and unpredictability created by the Delaware courts' response to the recent scandals.

Youtube Viewers Become Unwitting Players In Google-Viacom Litigation, Bill Tasch

Public Interest Law Reporter

No abstract provided.

Can Do: Training Lawyers To Be Effective Counselors To Entrepreneurs, Anthony J. Luppino

Faculty Works

This Report is the result of a grant to the University of Missouri-Kansas City from the Ewing Marion Kauffman Foundation to research and describe current methods of training law students and lawyers destined to represent entrepreneurs, and to identify promising pedagogy in pursuit of the goal of educating effective counselors to entrepreneurial clients. Entrepreneurs clearly need help in dealing with a multitude of increasingly complex laws and regulations. They may also require counsel in obtaining financing and negotiating their transactions, within the bounds of the applicable rules, to achieve their goals. The research reflected in this Report indicates that there …

In Re Cardinal Health, Inc. Securities Litigation, Lucas T. Charleston

NYLS Law Review

No abstract provided.

Jung V. Skadden, Arps, Slate, Meagher & Flom, Zachary Kerner

NYLS Law Review

No abstract provided.

Introduction, Richard Marsico

NYLS Law Review

No abstract provided.

The Community Reinvestment Act At 30: Looking Back And Looking To The Future, John Taylor, Josh Silver

NYLS Law Review

No abstract provided.

Urban Development And Unequal Access To Housing Finance Services, Gregory D. Squires

NYLS Law Review

No abstract provided.

Cftc Regulation 1.59 Fails To Adequately Regulate Insider Trading, Gary Rubin

NYLS Law Review

No abstract provided.

The Collateral Protection Of Rights In A Global Economy, Sheldon Leader

NYLS Law Review

No abstract provided.

Globalization And Corporate Social Responsibility: Challenges For The Academy, Future Lawyers, And Corporate Law, Faith Stevelman

NYLS Law Review

No abstract provided.

The Google Dilemma, James Grimmelmann

NYLS Law Review

No abstract provided.