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Articles 5251 - 5280 of 14134
Full-Text Articles in Comparative and Foreign Law
Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs
Voluntary Plant Closings And Workforce Reductions In The Netherlands, Antoine Jacobs
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law
Introduction To Roundtable On Comparative Labor Relations Law: The Law And Measures Affecting Workers In The Context Of Voluntary Plant Closings And Workforce Reductions, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum
Book Review: Environmental Protection And Coastal Zone Management In Asia And The Pacific. Kato, Kumamoto, Matthews, & Suhaimi Eds. Tokyo University Press. 1985., Thomas J. Schoenbaum
Georgia Journal of International & Comparative Law
No abstract provided.
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
International Mass Tort Litigation: Forum Non Conveniens And The Adequate Alternative Forum In Light Of The Bhopal Disaster, Stephen L. Cummings
Georgia Journal of International & Comparative Law
No abstract provided.
An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn
An Antitrust Analysis Of Joint Research And Development Agreements In The European Economic Community And The United States, Francene M. Augustyn
Georgia Journal of International & Comparative Law
No abstract provided.
Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia
Settlement Of Disputes In Gatt Under The Subsidies Code: Two Panel Reports On E.E.C. Export Subsidies, Massimo Coccia
Georgia Journal of International & Comparative Law
No abstract provided.
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
The European Commission's Ecs/Akzo Standard For Predatory Pricing In The E.E.C.: Deterrence Or Disorder?, Thomas G. Ehr
Georgia Journal of International & Comparative Law
No abstract provided.
Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans
Understanding Political Systems: A Comment On Methods Of Comparative Research, T. Koopmans
Georgia Journal of International & Comparative Law
No abstract provided.
The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit
The New Conflict Of Laws Code Provisions Of The Federal Republic Of Germany: Introductory Comment And Translation, Rainer Gildeggen, Jochen Langkeit
Georgia Journal of International & Comparative Law
No abstract provided.
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure
Georgia Journal of International & Comparative Law
No abstract provided.
The Hague Evidence Convention In U.S. Courts: Aerospatiale And The Path Not Taken, Société Nationale Industrielle Aerospatiale V. U.S. District Court For The Southern District Of Iowa, 107 S. Ct. 2542 (1987), Roger C. Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann
A New And Old Theory For Adjudicating Standardized Contracts, Eric Mills Holmes, Dagmar Thürmann
Georgia Journal of International & Comparative Law
No abstract provided.
European Community: European Commission And Denmark Reach Settlement Of Dispute Over Construction Contract Granted By Denmark To Six-Party Consortium In Violation Of The Public Procurement Provisions In The Treaty Of Rome., G. Brian Raley
Georgia Journal of International & Comparative Law
No abstract provided.
European Economic Community - Regulation Of Airfares - European Commission May Sanction Anti-Competitive Measures Of European Community And Possibly Foreign Airlines As Eec Expands Its Role In Air Transport Domain - "The Newest Frontiers", Richard S. Alembik
Georgia Journal of International & Comparative Law
No abstract provided.
Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer
Georgia Journal of International & Comparative Law
No abstract provided.
Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx
Georgia Journal of International & Comparative Law
No abstract provided.
Informers Defamation And Public Policy, Daniel More
Informers Defamation And Public Policy, Daniel More
Georgia Journal of International & Comparative Law
No abstract provided.
Balance And Team Production, Kelli A. Alces
Balance And Team Production, Kelli A. Alces
Seattle University Law Review
For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able …
The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson
The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson
Seattle University Law Review
We examine the cooperative production of corporate governance. We explain that this production does not occur exclusively within a “team” or “firm.” Rather, several aspects of corporate governance are quintessentially market products. Like Blair and Stout, we view the shareholder as but one of many stakeholders in a corporation. Where we depart from their analysis is in our view of the boundaries of a firm. We suggest that they overweight the intrafirm production of control. Focusing on the primacy of a board of directors, Blair and Stout posit a hierarchical team that governs the economic enterprise. We observe, however, that …
The Team Production Model As A Paradigm, Brian R. Cheffins
The Team Production Model As A Paradigm, Brian R. Cheffins
Seattle University Law Review
Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law theories and …
Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler
Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler
Seattle University Law Review
In their influential article, A Team Production Theory of Corporate Law, Professors Margaret Blair and Lynn Stout explained how corporate law might be viewed as an attempt at solving what is known as the team production problem. At its core, this problem has to do with the opportunistic behavior that arises when multiple economic actors make investments—whether of labor, capital, or otherwise—in a business venture where these investments are said to be “firm specific” because they cannot be easily withdrawn and redeployed in other projects. The problem is how to construct a governance regime that will create incentives for the …
Team Production & The Multinational Enterprise, Virginia Harper Ho
Team Production & The Multinational Enterprise, Virginia Harper Ho
Seattle University Law Review
Margaret Blair and Lynn Stout’s path-breaking article, A Team Production Theory of Corporate Law, advances a dual thesis: first, that team production theory does a better job than its competitors (in particular, principal–agent theory) of explaining the advantages of the public corporation and key features of corporate law; and second, that, as a matter of corporate law, corporate boards are charged with advancing the collective interest of all the contributors to the corporate enterprise rather than the shareholders’ interests alone. Its central insight is that the role of the independent, or insulated, corporate board is to serve as a “mediating …
Hostile Takeovers And Overreliance, Anthony Niblett
Hostile Takeovers And Overreliance, Anthony Niblett
Seattle University Law Review
Commentators have argued that employees should be compensated in the event of a hostile takeover; otherwise, the threat of such a takeover will fail to incentivize firm-specific investments by employees. Such deferred compensation is analogous to the payment of damages following a breach of contract. The analogous breach, here, is the breach of an implicit contract between management and employees. Employees trusted management to compensate them for firm-specific investments not explicitly contracted for. This Article uses a familiar result from the contract law literature: There is no measure of damages for breach of contract that can generate both efficient breach …
Buying Teams, Andres Sawicki
Buying Teams, Andres Sawicki
Seattle University Law Review
The Sixth Annual Berle Symposium reflects on Margaret Blair and Lynn Stout’s classic article: A Team Production Theory of Corporate Law. Blair and Stout recast the modern law of public corporations through the lens of the team production theory of the firm. Here, I apply Blair and Stout’s insights—emphasizing the value of team production, independent monitors, and intellectual property rights—to a novel corporate transaction structure: the acqui-hire. In an acqui-hire, a publicly owned technology firm wants to add a start-up’s engineers. Instead of simply hiring them, though, it buys the start-up, discards most of its assets, and retains the start-up’s …
Team Production And Securities Laws, Urska Velikonja
Team Production And Securities Laws, Urska Velikonja
Seattle University Law Review
In the seminal paper that this symposium celebrates, A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout made two related points. First, that Delaware law does not require shareholder primacy in public corporations. Rather, the broad deference afforded to the decisions of predominantly independent corporate boards of directors is consistent with a contrary theory, that of team production, or, as they call it, “the mediating hierarch” theory. The fundamental role of the board of directors is to mediate between the interests of various stakeholders that contribute to the corporation’s output. As a result, Delaware courts have repeatedly …
With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum
With The Emergence Of Public Benefit Corporations, Directors Of Traditional For-Profit Companies Should Tread Cautiously, But Welcome The Opportunity To Invest In Social Enterprise, Mckenzie Holden Granum
Seattle University Law Review
Social entrepreneurship has become the popular term used to describe business forms that aim to produce profits while also seeking to significantly advance one or more social or environmental goals. In response to an increase in social entrepreneurship across sectors—from progressive industries like organic farming to conservative industries such as insurance and banking—several states have adopted new corporate governance structures. Such legislation allows incorporating businesses to choose an off-the-shelf formation type that embeds a social mission into its legal structure. The bulk of the newly implemented statutory forms provide not only a new framework for social entrepreneurs to work within, …
Boards Of Directors As Mediating Hierarchs, Margaret M. Blair
Boards Of Directors As Mediating Hierarchs, Margaret M. Blair
Seattle University Law Review
In June of 2014, the board of directors of Demoulas Supermarkets, Inc.—better known as Market Basket, a mid-sized chain of grocery stores in New England—decided to oust the man who had been CEO for the previous six years, Arthur T. Demoulas. Most likely, the board of directors did not anticipate what happened next: Thousands of employees, customers, and fans of Market Basket boycotted the stores and staged noisy public protests asking the board to reinstate “Arthur T.” The reaction by employees and customers made what had been a simmering, nasty, intrafamily feud within the closely held Market Basket chain into …
The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke
The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke
Seattle University Law Review
In this Article, the historical evolution of corporate governance is considered, highlighting the different eras of governance, the dominant theoretical and practical paradigms, and the reformulation of paradigms and counter paradigms. Two alternative and sharply contrasting theorizations, one collective and collaborative (the work of Berle and Means), the other individualistic and contractual (agency theory and shareholder value) are focused upon. The explanatory potential of Blair and Stout’s team production theory is elaborated, along with its conception of the complexity of business enterprise, with a mediating hierarch (the board of directors) securing a balance between the interests of different stakeholders. The …
The Agency Cost Paradigm: The Good, The Bad, And The Ugly, Claire A. Hill, Brett H. Mcdonnell
The Agency Cost Paradigm: The Good, The Bad, And The Ugly, Claire A. Hill, Brett H. Mcdonnell
Seattle University Law Review
In the “managerialist” world that preceded our present shareholder value world, some corporate managers could, and did, help themselves when they should have been doing their jobs. The modern agency cost paradigm has focused attention on this problem, in part by conceptualizing the duty of corporate managers as maximizing shareholder value. This paradigm has had a variety of effects: some good, some bad, and some ugly. The agency cost paradigm has had a good effect by focusing on the problem of managerial enrichment and providing a simple, clear benchmark—shareholder value-- that may quickly indicate when managers are performing badly. However, …
A Theory Of The Just Corporation, Ronit Donyets-Kedar
A Theory Of The Just Corporation, Ronit Donyets-Kedar
Seattle University Law Review
In their seminal article A Team Production Theory of Corporate Law, Margaret Blair and Lynn Stout hold that the modern corporation is best understood in terms of team production. Challenging the principal–agent model, Blair and Stout offer an analysis that considers the various stakeholders of the corporation as members of a team. Accordingly, they suggest, the purpose of corporate law is to provide a response to the problems created by collective production processes, in particular those pertaining to the distribution of profits stemming from the cooperation. According to Blair and Stout, the solution to this problem is to be found …