Business Organizations Law Commons^™

Tinjauan Yuridis Pemberian Wilayah Izin Usaha Pertambangan Khusus Kepada Badan Usaha Milik Organisasi Kemasyaraktan Keagamaan Tanpa Mekanisme Lelang, Fajar Hidayansyah Ilham, Marchellina Shagyna Anggraeni

Jurnal Hukum & Pembangunan

Natural resources is one of the essential aspects of life and human existence. Indonesia is known as a country with abundant natural resources. Therefore, their management must be conducted transparently to prevent corruption and ensure that natural resources are managed in the most efficient and beneficial way fore the community. If natural resources controlled by the state are not managed based on principles reflecting justice, there is a potential that the benefits will only be enjoyed by a small group of people. The mechanism of granting Special Mining Business Permits (WIUPK) through auction is one way to embody the principles …

Ratio Legis Penambahan Modal Negara Kepada Lembaga Pembiayaan Ekspor Indonesia, Syarif Hidayat

Jurnal Hukum & Pembangunan

Since its establishment under Law Number 2 of 2009 concerning The Indonesian Export Financing Institution (LPEI), the Indonesian Export Financing Institution has gained additional capital participation nine times between 2010 and 2021 by the passage of government regulations. The rules for extra capital in the legislation on its establishment only take the form of regulations in the event that the capital of the Indonesian Export Financing Institution is decreased by a particular amount, but the additional capital that has been carried out thus far is not meant to replace the capital deficiency. As a result, this research was undertaken to …

Pengungkapan Model Mediasi Kepada Pihak Bersengketa Oleh Mediator Sebagai Pelaksanaan Prinsip Informed Consent (Kajian Mediasi Sektor Perbankan), Tri Harnowo, Fahmi Shahab

Jurnal Hukum & Pembangunan

The mediation techniques commonly used by mediators are facilitative, evaluative, or hybrid models. The choice of mediation model generally depends on the complexity of the dispute, the nature of the relationship, and the expectations for further cooperation. This research examines the application and disclosure of mediation models in the banking sector. The methodology used is normative, analyzing regulations related to the application and disclosure of mediation models in the banking sector. Data collection was obtained from primary legal materials in the form of legislation, secondary legal materials such as professional codes of ethics, books, articles, and scientific journals, and tertiary …

Law School News: Supporting Rhode Island's Aquaculture 9-23-2024, Andrew Clark, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Strata Prods. Worldwide, Llc V. Peabody Energy Corp. Order Peabody Energy's Ocga 9-11-11.1 Motion To Strike, Eric A. Richardson

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Strata Prods. Worldwide, Llc V. Peabody Energy Corp. Order On Peabody Se Mining's Ocga 9-11-11.1 Motion To Strike, Eric A. Richardson

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Urgensi Memahami Arbitrase Bagi Pemangku Kepentingan Dunia Bisnis Di Indonesia, Bambang Hariyanto, Saptarini Saptarini

Jurnal Hukum & Pembangunan

Abstract The resolution of business disputes through arbitration forums is increasingly favored by the majority of business actors in Indonesia. One indication of this is the growing number of business actors, both from the private sector and state-owned enterprises, who include arbitration agreements as dispute clauses in their contracts. Arbitration has even attracted the interest of MSMEs (Micro, Small, and Medium Enterprises) as a forum to resolve their business disputes. This phenomenon ultimately highlighted the urgency for stakeholders in the business world to understand arbitration. Using normative juridical methods, this article contained a series of analyses of primary materials, including …

Simeone V. Walt Disney Company: How “The Magic Kingdom Of Woke Corporatism” Found Protection In Delaware Court Under 8 Del. C. § 220, Lauren Getman

Villanova Law Review (1956 - )

No abstract provided.

Bellsouth Telecomms, Llc V. Aegis, Ltd Order On Motion To Dismiss Improper Venue And Forum Non Conveniens, Kathy Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Balancing Interests: Ai, Business & Human Rights, And The Legal Landscape In An Era Of Disruption, Jena Martin, Ritu Narula

West Virginia Law Review

On October 30, 2023, the Biden Administration issued a sweeping executive order espousing a policy to advance the development and use of artificial intelligence (“AI”) while also establishing safeguards across the federal government. The Executive Order marked the U.S. government’s largest move forward related to the regulation of AI. The Order also represents the government’s latest effort to advance equity, privacy, and national security in the use of AI systems. Moreover, the Order comes at a time when governments around the world are wrestling with the impact of AI and its disruptive effect, not just on markets, but on society …

The Surprising Survival – So Far – Of The Corporate Contribution Ban, Richard Briffault

Faculty Scholarship

In Citizens United v. Federal Election Commission, the Supreme Court invalidated the longstanding ban on the expenditure of corporate funds in federal election campaigns. In so doing, the Court dismissed outright an argument that had long been the foundation for the restriction of corporate money in election campaigns — that, due to the “substantial aggregations of wealth amassed by the special advantages which go with the corporate form[,]” corporate money poses a distinct threat to the integrity of democracy. Instead, viewing corporations as essentially “associations of citizens,” Citizens United determined that “the First Amendment does not permit Congress to …

Oer Textbook Review For Business Law - (1) Business Law And The Legal Environment - (2) Law For Entrepreneurs, Liz Brown Jd

Open Educational Resources Publications

Liz Brown, Professor of Law at Bentley University, evaluates two OER textbooks: "Business Law and the Legal Environment" and "Law for Entrepreneurs," both published by Saylor.org in 2012. While praising their clarity and accessible language, the review highlights significant limitations due to outdated content, lack of comprehensiveness, and cultural relevance. Key issues include the absence of current legal developments, such as topics like privacy and AI, and the omission of critical topics like start-up funding mechanisms in the entrepreneurship text. Despite these shortcomings, the textbooks are suggested as potential basic outlines for their subjects, though requiring substantial supplementation with current …

Continuing Education For Directors Of Public Companies, Jennifer O'Hare

Faculty Publications

Directors of public companies are responsible for overseeing complex organizations in a rapidly changing business environment, but they are not required to engage in continuing education. This creates a danger that directors will not have the knowledge they need to meet the significant demands of overseeing public companies. To address this, public companies should adopt mandatory continuing education policies for their boards, and the Securities and Exchange Commission should require public companies to disclose basic information about their continuing education programs in their proxy statements.

This is the first scholarly article to address the issue of mandatory continuing education for …

Przegląd Decyzji Prezesa Uokik W Sprawach Antykonsumenckich Praktyk Rynkowych Dotyczących Usług Finansowych Wydanych W 2023 Roku, Edyta Rutkowska-Tomaszewska, Artur Zwaliński

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

This paper reviews the decisions of the President of the Polish Competition Authority (UOKiK) issued between 1 January and 31 December 2023. All decisions issued by the UOKiK President in the aforementioned period were analyzed and assessed. They were divided into two main categories resulting from the competences of the UOKiK President to issue decisions in cases of anti-consumer market practices, namely: decisions in cases of an infringement of collective consumer interests, and decisions in cases of an application of prohibited contractual provisions in contract templates, and within them, into groups according to their specific key problems. With regard to …

Ubezpieczenie Odpowiedzialności Cywilnej Za Produkt Niebezpieczny – Analiza Warunków Ubezpieczeniowych, Aleksandra Gnas

internetowy Kwartalnik Antymonopolowy i Regulacyjny (internet Quarterly on Antitrust and Regulation)

The article analyzes product liability insurance available on the market. The research focuses on how civil law terms are defined in the general terms and conditions (T&C) of insurance, and on the identification of terminological ambiguities. The scope of insurance coverage is analyzed, making it possible to determine whether it is sufficiently broad. The review of general insurance T&C provided in this article is of a practical nature facilitating the assessment of the quality, terms and availability of liability insurance for dangerous products.

Fruit Street Health, P.B.C. V. Sharecare, Inc. Order On Motion To Dismiss, Kathy Lee Ellerbee

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

A Crosswinds Of Corporate Accountability: Corporate Climate Liability In The Canadian Legal Abyss, Hassan M. Ahmad

All Papers

This chapter queries the absence of corporate-related climate cases in Canadian courts. It first retells the recent history of corporate accountability in Canadian courts for human rights-related harms. While initial cases faltered on jurisdictional and justiciability grounds, the Supreme Court of Canada’s 2020 decision in Araya v. Nevsun Resources Ltd. was arguably a watershed moment in Canadian corporate accountability law that, in conjunction with climate litigation commenced against government actors, should have bolstered the prospect of corporate climate litigation. On the contrary though, post-Nevsun corporate accountability claims have been minimal and, to date at least, have not pursued allegations …

University Of The District Of Columbia Law Review, University Of The District Of Columbia Law Review

University of the District of Columbia Law Review

No abstract provided.

The Small Business Prepack: How Subchapter V Paves The Way For Bankruptcy’S Fastest Cases, Christopher D. Hampson, Jeffrey A. Katz

UF Law Faculty Publications

America has long styled itself as a place where entrepreneurs can dream big and—if things go well—make it big too. But when small businesses fail, does the American bankruptcy system provide a real opportunity to preserve value and try again? For decades, bankruptcy professionals, judges, and lawmakers have tried various approaches to small business bankruptcies, none of which seemed to work particularly well. But in 2019, Congress passed the Small Business Reorganization Act (the “SBRA”), one of the most significant amendments to the Bankruptcy Code in a generation. As practitioners, scholars, and judges work out the contours of the rules, …

Giant Asset Managers, The Big Three, And Index Investing, Dorothy S. Lund, Adriana Z. Robertson

Faculty Scholarship

A robust literature describes the incentives and stewardship practices of the “Big Three” asset managers (BlackRock, Vanguard, and State Street Global Advisors), often referring to these asset managers as “passive.” This is so common that the “Big Three,” “index fund,” and “passive manager” are used almost interchangeably by both academics and practitioners. This shorthand emerged in the foundational scholarship in this area, and while it may remain useful in certain contexts, its casual use obscures important features of the market and contributes to misperceptions. In this chapter, we demonstrate that it is a mistake to equate passive investing with index …

Nutrien Ag Solutions, Inc. V. Agreeta Solutions Usa, Llc Order On Discovery And Evidentiary Disputes, John J. Goger

Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions

No abstract provided.

Sustaining America's Non-Jurisdictional Wetlands Post-Sackett Through Conservation, Shawna Bligh

UMKC Law Review

Part I of this Article discusses the functional role of wetlands in meeting the intended purpose of the Clean Water Act (“CWA”). The intended purpose of the CWA is to "restore and maintain the chemical, physical and biological integrity of the Nation's waters." The Court's decision in Sackett undermines the intended purpose of the CWA. Wetlands play an essential role in meeting this objective. Wetlands are hydrologically connected to and an embedded part of the overall aquatic ecosystem. The Sackett decision leaves wetlands subject to further degradation.

Part II of this Article provides an overview of the CWA, how we …

Online Intermediaries And Sustainable Market Regulation – A Smart Mix Of Liability And Exemptions, Katarzyna Klafkowska-Waśniowska, Katja Weckström

Yearbook of Antitrust and Regulatory Studies

The Commission has advanced sustainable and responsible behaviour of business operators in the digital environment since the adoption of the Strategy for the Digital Single Market of 2015. The question remains, how can we reach the normative goal of ensuring a safe, secure and fair online environment, where fundamental rights are protected, and responsibilities of platforms, especially large players and gatekeepers, are well defined? A “smart mix” of mandatory and voluntary rules, in combination with industry self regulation, is applied to address business and fundamental rights. This paper asks how the Digital Services Act (DSA) answers the call for sustainable …

Should Large Corporate Mergers Be Subsidized?, Reuven S. Avi-Yonah

Articles

On March 21 Sens. Sheldon Whitehouse, DR. I., and J.D. Vance, R-Ohio, introduced the Stop Subsidizing Giant Mergers Act. They explained that large mergers have been increasing in recent years and that since 2007, up to 40 percent by value of all mergers have been structured as tax free. They argue that the tax breaks to mergers are a “wasteful subsidy.”

Masthead

UC Law Business Journal

No abstract provided.

Stock-Based Compensation In Startups: Employee Implications & Potential Solutions, Alec Galustian

UC Law Business Journal

Stock-based compensation remains prevalent in the United States private market, particularly among high-growth private companies, yet concerns persist regarding its potential drawbacks. This paper focuses on stock-based compensation in startup companies, delving into the legal frameworks behind the practice and identifying regulatory gaps. It examines well-known advantages of stock-based compensation, common misconceptions, and highlights its many disadvantages, primarily from the perspective of a startup employee. These drawbacks stem from the lack of private company disclosure obligations, illiquidity and lock-in concerns, and regulatory changes favoring the private market. This paper also explores a trend in the SEC’s tone toward increased regulation …

The Ethics Of Artificial Intelligence, Justice Gordon Goodman

UC Law Business Journal

No abstract provided.

Changing California’S Proposition 13 'Change In Ownership' Language To Solve Current State Tax Revenue Deficits And Reassessing Its Accompanying Statutes, Caleb Moser

UC Law Business Journal

No abstract provided.

From Data Co-Opting To Data Co-Oping: Using New Corporate Structures, Data Corporate-Hood, And Data Personhood To Prioritize Data Privacy, Jonathan Askin

UC Law Business Journal

The stakes of information ownership and control have risen dramatically since the Supreme Court’s decision in Dobbs v. Jackson Women's Health Organization, after which tens of millions of people in the United States recognized that companies harvest massive swathes of data incidental to our activities and that seemingly innocuous information, such as rideshare or location data, credit card payments, or even monthly cyclical health trackers (i.e., menstruation or birth control) could potentially expose them to civil or criminal liability when linked to a chain of causation in jurisdictions penalizing voluntary abortion.2 Data scientists recognize the scale, scope, and massive power …

Asking The Right Questions: How Jill Fisch Debunks Narratives And Arrives At Solutions, Hillary A. Sale

Georgetown Law Faculty Publications and Other Works

Without a doubt, Professor Jill E. Fisch is one of the most influential scholars in the corporate and securities law space. Whether we measure her contributions by awards, areas of influence, or volume, Professor Fisch’s work is at the top of the list. It is, indeed, no surprise that the Institute for Law and Economic Policy (ILEP) chose to honor Professor Fisch at this year’s corporate and securities symposium, hosted with the University of Pennsylvania Journal of Business Law. I am honored to write this introduction about Professor Fisch and explore her work and influence over time, with an emphasis …