Legal History Commons^™

Opportunism As Crucible: Rethinking Equity In View Of Reliance Interests And Legal Evolution, John Ehrett

John Ehrett

This Article offers and defends a nuanced definition of opportunism in the context of legal decision-making by differentiating between opportunism in the broad sense and the particularized phenomenon of cognizably malignant opportunism. It subsequently proceeds by developing a normative critique of the case for broader invocation of counter opportunistic equitable remedies, alongside a defense of the reliance and gap-filling functions performed by opportunistic actors. Centrally, I challenge the suggestion that the existence of opportunism in private law warrants a revival of the doctrines of ex post equity. I argue instead that opportunism serves an important structural purpose where the evolution …

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

Janus Capital Group, Inc. V. First Derivative Traders: The Culmination Of The Supreme Court’S Evolution From Liberal To Reactionary In Rule 10b-5 Actions, Charles W. Murdock

Charles W. Murdock

“Political” decisions such as Citizens United and National Federation of Independent Business (“Obamacare”) reflect the reactionary bent of several Supreme Court justices. But this reactionary trend is discernible in other areas as well. With regard to Rule 10b-5, the Court has handed down a series of decisions that could be grouped into four trilogies. The article examines the trend over the past 40 years which has become increasingly conservative and finally reactionary.

The first trilogy was a liberal one, arguably overextending the scope of Rule 10b-5. This was followed by a conservative trilogy which put a brake on such extension, …

Progressive Possibilities For Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, Mini-Symposium On Tamar Frankel's Book The Ponzi Scheme Puzzle, Kent Greenfield

Kent Greenfield

No abstract provided.

Featured Speaker, Demos Monthly Meeting, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, Apocalypse Now Or Much Ado About Nothing? An Election Post-Mortem On The Effects Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Moderator, Corporation Speech After Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, The Affordable Care Act’S Prospects In The Supreme Court, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, To Amend Or Not To Amend: The Impact Of Citizens United, Kent Greenfield

Kent Greenfield

No abstract provided.

Moderator, Panel On Defense Of Marriage Act, Kent Greenfield

Kent Greenfield

No abstract provided.

Presentations On The Myth Of Choice, Kent Greenfield

Kent Greenfield

Kent Greenfield has delivered over 30 public lectures and presentations to a wide variety of audiences in support of his book, The Myth of Choice, including presentations at the Center for the Study of Law & Society at UC Berkeley, the Wharton School of Business at the University of Pennsylvania, and the Southern Festival of Books in Nashville, TN.

Moderator, Secularism, Islam, And Democracy, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, Beyond The Quarterly Report: Managing Risk And Creating Long-Term Value Through Corporate Responsibility, Kent Greenfield

Kent Greenfield

No abstract provided.

Moderator, Globalization, Corporate Accountability, And The Courts, Kent Greenfield

Kent Greenfield

Moderated panel of scholars and practitioners on the corporate exposure to tort liability for involvement in human rights violations.

Moderator, The Sustainable Corporation, Kent Greenfield

Kent Greenfield

Co-organized (and moderated a panel during) an international conference on corporate law and sustainability, held at Wake Forest Law School.

Panelist, Corporate Political Speech And Dueling Conceptions Of The Corporation In Supreme Court Jurisprudence, Kent Greenfield

Kent Greenfield

As chair of the Section on Business Organizations for AALS, I organized and moderated the 2011 Program of AALS Section on Business Associations, January 7, 2011, San Francisco, CA. Program was entitled “Corporate Political Speech and Dueling Conceptions of the Corporation in Supreme Court Jurisprudence,” and was co-sponsored by the Section on Constitutional Law. This was the first time in memory that the Business Associations Section and the Constitutional Law Section had co-sponsored a program.

Panelist, Unexplored Terrain: Companies, Trade Associations And Risk, Kent Greenfield

Kent Greenfield

No abstract provided.

How Law Constructs Wealth Patterns [Panel Remarks], Kent Greenfield

Kent Greenfield

No abstract provided.

Defending Stakeholder Governance, Kent Greenfield

Kent Greenfield

Corporations are collective enterprises, drawing on investments from various stakeholders who contribute to the firm's success. For a business to succeed over time, it must induce people and institutions to invest money, whether in the form of equity or loans. It must induce people to invest their labor, intelligence, skill, and attention by joining the firm as employees or managers. It must induce local communities to invest infrastructure of various kinds. None of these investors-for investors they all are-contributes its input out of altruism or obligation. They all do so because they believe that the corporation provides the mechanism for …

Fighting For Equality, And Losing, Kent Greenfield

Kent Greenfield

No abstract provided.

Both Sides [Now]: Higher Education Institutions Have A Right To Dissent Without Losing Federal Money, Kent Greenfield

Kent Greenfield

No abstract provided.

Principles Of Law And Economics, Daniel Cole, Peter Grossman

Peter Z. Grossman

No abstract provided.

It's Time To Federalize Corporate Charters, Kent Greenfield

Kent Greenfield

No abstract provided.

September 11 And The End Of History For Corporate Law, Kent Greenfield

Kent Greenfield

Using the tragic events of September 11th as case study; this Essay critiques a prominent, recent article that suggests the ideology of shareholder primacy has become so dominant that the "end of history" is at hand for corporate law. The author suggests that a dedication to shareholder primacy helped create the context in which the events of September 11th could occur, by making the airlines less attentive to security concerns that did not affect the airline companies' stock prices. Shareholder primacy makes corporations more likely to externalize the costs of the firms' decisions onto constituencies other than shareholders, and such …