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Articles 391 - 420 of 423
Full-Text Articles in Other Law
State Legislative Efforts To Improve Access To Venture Capital, Brian K. Krumm
State Legislative Efforts To Improve Access To Venture Capital, Brian K. Krumm
Book Chapters
No abstract provided.
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy
Answering To A Higher Authority: Sovereign-Mandated Oversight In The Board Room And The C-Suite, Thomas F. O’Neil Iii, T. Brendan Kennedy
Fordham Journal of Corporate & Financial Law
The relationship between business organizations and the sovereign agencies that regulate them is being redefined domestically and abroad. In the context of corporate enforcement proceedings, a critical challenge is how to achieve, most effectively, the timehonored public sector objectives of punishment, deterrence, financial restitution and rehabilitation. At issue are important policy considerations and at stake are the integrity and security of the commercial marketplace. The public sector increasingly must balance the pressures of limited resources against the need to ensure that corporate citizens behave not only lawfully, but ethically and responsibly. One solution that has been adopted is the imposition …
An Orderly Liquidation Authority Is Not The Solution To Too-Big-To-Fail, Roberta S. Karmel
An Orderly Liquidation Authority Is Not The Solution To Too-Big-To-Fail, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Evolving From Dominion To Communion: How Legal Rights For Nature Can Exist In Balance With Individual Property Rights In A Global Commons, Dan Leftwich
Environmental and Earth Law Journal (EELJ)
Abstract coming soon.
Forming Entities To Negotiate Community Benefits Agreements, Debra Bechtel
Forming Entities To Negotiate Community Benefits Agreements, Debra Bechtel
Faculty Scholarship
No abstract provided.
The Continuing Need For Broker-Dealer Professionalism In Ipos, James A. Fanto
The Continuing Need For Broker-Dealer Professionalism In Ipos, James A. Fanto
Faculty Scholarship
No abstract provided.
Marrying Diversity And Independence In The Boardroom: Just How Far Have You Come, Baby?, Erica Beecher-Monas
Marrying Diversity And Independence In The Boardroom: Just How Far Have You Come, Baby?, Erica Beecher-Monas
Law Faculty Research Publications
No abstract provided.
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Of Metaphor, Metonymy, And Corporate Money: Rhetorical Choices In Supreme Court Decisions On Campaign Finance Regulation, Linda L. Berger
Scholarly Works
This Article examines the metaphorical and metonymical framing of corporate money in Supreme Court decisions about campaign finance regulation. Metaphorical influences (corporation as a person, spending money as speech, marketplace of ideas as the model for First Amendment analysis) affected early decisions about the regulation of corporate spending in election campaigns. Later, a metonymical move to isolate corporate money and then to focus on its malevolent tendencies displaced the earlier view of corporate money as speech. This movement was best depicted in McConnell v. Federal Election Commission, 540 U.S. 93 (2003), the Supreme Court's 2003 decision on the Bipartisan Campaign …
A Social Defense Of Sarbanes-Oxley, James A. Fanto
A Social Defense Of Sarbanes-Oxley, James A. Fanto
Faculty Scholarship
No abstract provided.
Does Nonprofit Ownership Matter?, Jill R. Horwitz
Does Nonprofit Ownership Matter?, Jill R. Horwitz
Articles
In recent years, policymakers have increasingly questioned whether nonprofit institutions, particularly hospitals, merit tax exemption. They argue that nonprofit hospitals differ little from their for-profit counterparts in the provision of charity care and, therefore, should either lose their tax-exempt status or adhere to new, strict, and specific requirements to provide free services for the poor. In this Article, I present evidence that hospital ownership-whether it is for-profit, nonprofit, or government owned-has a significant effect on the mix of medical services it offers. Despite notoriously weak enforcement mechanisms, nonprofit hospitals act in the public interest by providing services that are unlikely …
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Financial Moral Panic! Sarbanes-Oxley, Financier Folk Devils, And Off-Balance Sheet Arrangement, Jose M. Gabilondo
Faculty Publications
No abstract provided.
Corporate Misbehavior By Elite Decision-Makers Symposium - Perspectives From Law And Social Psychology: Introduction, James A. Fanto
Corporate Misbehavior By Elite Decision-Makers Symposium - Perspectives From Law And Social Psychology: Introduction, James A. Fanto
Faculty Scholarship
No abstract provided.
Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel
Should A Duty To The Corporation Be Imposed On Institutional Shareholders?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Enron.Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser
Enron.Org: Why Sarbanes-Oxley Will Not Ensure Comprehensive Nonprofit Accountability, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
Scholarly Works
This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. …
Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto
Whistleblowing And The Public Director: Countering Corporate Inner Circles, James A. Fanto
Faculty Scholarship
No abstract provided.
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Seeking Truth For Power: Informational Strategy And Regulatory Policymaking, Cary Coglianese, Richard Zeckhauser, Edward A. Parson
Articles
Information is the lifeblood of regulatory policy. The effective use of governmental power depends on information about conditions in the world, strategies for improving those conditions, and the consequences associated with deploying different strategies. Indeed, this need for information has led legislatures to create specialized committee structures, delegate policy authority to expert agencies, and develop administrative procedures that encourage analysis. Although legal scholars have extensively debated procedures and reforms designed to improve the analytic and scientific basis of regulatory policymaking, they have paid relatively little attention to how regulators gain the information they need for making and implementing regulatory policy. …
Persuasion And Resistance: The Use Of Psychology By Anglo-American Corporate Governance Advocate In France, James A. Fanto
Persuasion And Resistance: The Use Of Psychology By Anglo-American Corporate Governance Advocate In France, James A. Fanto
Faculty Scholarship
No abstract provided.
Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto
Braking The Merger Momentum: Reforming Corporate Law Governing Mega-Mergers, James A. Fanto
Faculty Scholarship
No abstract provided.
Quasi-Rationality In Action: A Study Of Psychological Factors In Merger Decision Making, James A. Fanto
Quasi-Rationality In Action: A Study Of Psychological Factors In Merger Decision Making, James A. Fanto
Faculty Scholarship
No abstract provided.
Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser
Decision-Makers Without Duties: Defining The Duties Of Parent Corporations Acting As Sole Corporate Members In Nonprofit Health Care System, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
The Role Of Corporate Law In The Adaptation Of French Enterprise, James A. Fanto
The Role Of Corporate Law In The Adaptation Of French Enterprise, James A. Fanto
Faculty Scholarship
No abstract provided.
The Role Of Corporate Law In French Corporate Governance, James A. Fanto
The Role Of Corporate Law In French Corporate Governance, James A. Fanto
Faculty Scholarship
No abstract provided.
Investor Education, Securities Disclosure, And The Creation And Enforcement Of Corporate Governance And Firm Norms, James A. Fanto
Investor Education, Securities Disclosure, And The Creation And Enforcement Of Corporate Governance And Firm Norms, James A. Fanto
Faculty Scholarship
No abstract provided.
We're All Capitalist Now: The Importance, Nature, Provision And Regulation Of Investor Education, James A. Fanto
We're All Capitalist Now: The Importance, Nature, Provision And Regulation Of Investor Education, James A. Fanto
Faculty Scholarship
No abstract provided.
The Absence Of Cross-Cultural Communication: Sec Mandatory Disclosure And Foreign Corporate Governance, James A. Fanto
The Absence Of Cross-Cultural Communication: Sec Mandatory Disclosure And Foreign Corporate Governance, James A. Fanto
Faculty Scholarship
No abstract provided.
The Professional Liability Crisis And The Need For Professional Limited Liability Companies: Washington's Model Approach, Bryan Smith
Seattle University Law Review
This Comment argues that every state should allow professionals to take advantage of LLC statutes, as Washington has done. Such action will provide protection for accountants and lawyers from the wave of litigation that has surfaced in recent times and to restore an element of confidence to these professions. This Comment further asserts that allowing professionals to use LLC statutes is not only consistent with the duties peculiar to the accounting and legal professions, but also a necessary step when viewed in light of the policies of fairness, efficiency, and public protection. Initially, Part II of this Comment describes the …
Implications Of The Stakeholder Model, Roberta S. Karmel
Implications Of The Stakeholder Model, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors?, Roberta S. Karmel
Duty To The Target: Is An Attorney's Duty To The Corporation A Paradigm For Directors?, Roberta S. Karmel
Faculty Scholarship
No abstract provided.