Open Access. Powered by Scholars. Published by Universities.®

Business Organizations Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Corporate law

Discipline
Institution
Publication Year
Publication
Publication Type

Articles 271 - 300 of 381

Full-Text Articles in Business Organizations Law

The Impact On Shareholders And Other Constituents, Jill Fisch Jan 2007

The Impact On Shareholders And Other Constituents, Jill Fisch

Journal of Business & Technology Law

No abstract provided.


Roundtable - The Criminalization Of Corporate Law - Foreword, Lisa M. Fairfax Jan 2007

Roundtable - The Criminalization Of Corporate Law - Foreword, Lisa M. Fairfax

Journal of Business & Technology Law

No abstract provided.


Sarbanes-Oxley's Purported Over-Criminalization Of Corporate Offenders, Lisa H. Nicholson Jan 2007

Sarbanes-Oxley's Purported Over-Criminalization Of Corporate Offenders, Lisa H. Nicholson

Journal of Business & Technology Law

No abstract provided.


On The Prospects Of Deterring Corporate Crime, Geraldine Szott Moohr Jan 2007

On The Prospects Of Deterring Corporate Crime, Geraldine Szott Moohr

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, Christine Hurt Jan 2007

The Impact On Shareholders And Other Constituents, Christine Hurt

Journal of Business & Technology Law

No abstract provided.


The Impact On Director And Officer Behavior, Douglas M. Branson Jan 2007

The Impact On Director And Officer Behavior, Douglas M. Branson

Journal of Business & Technology Law

No abstract provided.


The Impact On Director And Officer Behavior, Donald Langevoort Jan 2007

The Impact On Director And Officer Behavior, Donald Langevoort

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, David Millon Jan 2007

The Impact On Shareholders And Other Constituents, David Millon

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Peter Henning Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Peter Henning

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Donna M. Nagy Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Donna M. Nagy

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Alan Palmiter Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Alan Palmiter

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, Ellen S. Podgor Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, Ellen S. Podgor

Journal of Business & Technology Law

No abstract provided.


The Impact Of Criminal Sanctions On Corporate Misconduct, David Skeel Jr. Jan 2007

The Impact Of Criminal Sanctions On Corporate Misconduct, David Skeel Jr.

Journal of Business & Technology Law

No abstract provided.


The Fall And Rise Of Federal Corporation Law - Foreword, Richard A. Booth Jan 2007

The Fall And Rise Of Federal Corporation Law - Foreword, Richard A. Booth

Journal of Business & Technology Law

No abstract provided.


The Perils Of Criminalizing Agency Costs, Larry E. Ribstein Jan 2007

The Perils Of Criminalizing Agency Costs, Larry E. Ribstein

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, Brett Mcdonnell Jan 2007

The Impact On Shareholders And Other Constituents, Brett Mcdonnell

Journal of Business & Technology Law

No abstract provided.


The Impact On Shareholders And Other Constituents, Jennifer O'Hare Jan 2007

The Impact On Shareholders And Other Constituents, Jennifer O'Hare

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.


Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen Jan 2007

Introducing The Law Of Nonprofit Organizations And Philanthropy, David A. Brennen

Law Faculty Scholarly Articles

On January 5,2007, the Nonprofit and Philanthropy Law Section of AALS held its first program at the AALS Annual Meeting in Washington, D.C. The program, entitled "State-Level Legal Reform of the Law of Nonprofit Organizations," was a fitting way to launch what should prove to be a valuable contribution to the study of law relating to nonprofit organizations and philanthropy. This burgeoning area of academic legal study is well poised to grow by leaps and bounds in the coming years due to its impact on many traditional areas of legal study, including tax law, corporate law, estate law, trust law, …


Corporate Deferred Prosecutions Through The Looking Glass Of Contract Policing, Candace Zierdt, Ellen S. Podgor Jan 2007

Corporate Deferred Prosecutions Through The Looking Glass Of Contract Policing, Candace Zierdt, Ellen S. Podgor

Kentucky Law Journal

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.


Using Sarbanes-Oxley Act To Reward Honest Corporations, Tamar Frankel Nov 2006

Using Sarbanes-Oxley Act To Reward Honest Corporations, Tamar Frankel

Faculty Scholarship

The Sarbanes-Oxley Act offers an opportunity to reward truthful corporations and their management, offering them a competitive advantage by relieving them from some of the Act's provisions. Corporate culture plays an important role in a corporation's honest behavior One size does not fit all in matters of organizational integrity. The provisions of the Sarbanes-Oxley Act that apply the same internal controls and governance rules on all public corporations impose unnecessary costs on honest corporations by requiring them to change one set of good habits that are part of the corporate culture for another mandated by law. This essay suggests that …


Piercing The Corporate Veil In West Virginia: The Extension Of Laya To All Sophisticated Commercial Entities, J. Jarrod Jordan Sep 2006

Piercing The Corporate Veil In West Virginia: The Extension Of Laya To All Sophisticated Commercial Entities, J. Jarrod Jordan

West Virginia Law Review

No abstract provided.


Megasubsidiaries And Asset Sales Under Section 271: Which Shareholders Must Approve Subsidiary Asset Sales, Yaman Shukairy Jun 2006

Megasubsidiaries And Asset Sales Under Section 271: Which Shareholders Must Approve Subsidiary Asset Sales, Yaman Shukairy

Michigan Law Review

Corporate law statutes determine the nature of the relationship between shareholders, the principal owners of the corporation, and the board of directors, those w ho run and operate the corporation. Under the Delaware General Corporation Law ("DGCL"), many of the powers are delegated to the board of directors. More specifically, under section 141, "the business and affairs of every corporation . . . [are] managed by or under the direction of a board of directors . . . ." The Delaware courts have interpreted this provision by deferring to decisions by directors and their designated management under the business judgment …


What Default Rules Teach Us About Corporations; What Understanding Corporations Teaches Us About Default Rules, Tamar Frankel Apr 2006

What Default Rules Teach Us About Corporations; What Understanding Corporations Teaches Us About Default Rules, Tamar Frankel

Faculty Scholarship

This Article addresses corporate law's default rules, which allow corporations to waive their directors' liability for damages based on a breach of their fiduciary duty of care. Most large publicly held corporations have adopted such a waiver in their articles of association. This Article suggests that courts should limit the range of the waivers to the circumstances that existed when the voters voted and to the information they received before they voted. This Article distinguishes between public contracts (legislation) and private contracts (commercial transactions) and the default rules that apply to each. The Article shows that courts view corporations and …


On Public Versus Private Provision Of Corporate Law, Gillian K. Hadfield, Eric L. Talley Jan 2006

On Public Versus Private Provision Of Corporate Law, Gillian K. Hadfield, Eric L. Talley

Faculty Scholarship

Law in modern market societies serves both democratic and economic functions. In its economic function, law is a service, a means of enhancing the value of transactions and organizations. Yet modern market economies continue to rely on the state, rather than the market, to provide this service. This paper investigates whether private provision of law may be superior to public provision. We look in particular at corporate law, where there is a substantial literature exploring the efficiency implications of "regulatory competition" and compare this competition with market competition between private providers. Drawing from the well-known framework of spatial models of …


Clark's Treatise On Corporate Law: Filling Manning's Empty Towers, Ronald J. Gilson, Reinier Kraakman Jan 2006

Clark's Treatise On Corporate Law: Filling Manning's Empty Towers, Ronald J. Gilson, Reinier Kraakman

Faculty Scholarship

Almost 45 years ago, in an elegantly depressive account of the then current state of corporate law scholarship, Bayless Manning announced the death of corporation law "as a field of intellectual effort." Manning left us with an affecting image of a once grand field long past its prime, rigid with formalism and empty of content:

When American law ceased to take the "corporation" seriously, the entire body of law that had been built upon that intellectual construct slowly perforated and rotted away. We have nothing left but our great empty corporate statutes towering skyscrapers of rusted girders, internally welded together …


Origins Of The Asymmetric Society: Freedom Of Incorporation In The Early United States And Canada, Jason Kaufman Jan 2006

Origins Of The Asymmetric Society: Freedom Of Incorporation In The Early United States And Canada, Jason Kaufman

Studio for Law and Culture

This article explores the origins of a phenomenon of lasting and profound impact on American society: the private business corporation. Business is only part of our concern here, however. Seen in comparative-historical terms, the modern private corporation was born in colonial (i.e. pre-Revolutionary) America. Surprisingly, this occurred not only because of the business needs of colonial Americans but also as a result of their own struggles for political autonomy. More specifically, the post-Revolutionary doctrine of freedom of incorporation first emerged in states that were originally chartered as private corporations. These “corporate colonies’” experienced repeated conflict with the Crown over their …


The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion Jan 2006

The Political Dynamics Of Corporate Legislation: Lessons From Israel, Yael T. Ben-Zion

Fordham Journal of Corporate & Financial Law

No abstract provided.