The Life (And Death?) Of Corporate Waste,
2017
Temple University School of Law
The Life (And Death?) Of Corporate Waste, Harwell Wells
Washington and Lee Law Review
At first glance, corporate waste makes no sense. The very definition of waste—a transaction so one-sided that no reasonable business person would enter into it, an act equivalent to gift or “spoliation”—suggests that it would never occur, for what corporation would ever enter into a transaction so absurd? Yet waste claims are regularly made against corporate managers. Respected judges have downplayed waste as a “vestige” and described it as “possibly non-existent,” the Loch Ness monster of corporate law; but waste survives. It is a remnant of ultra vires, a doctrine proclaimed largely dead for the last hundred years—but waste is …
The Board’S Responsibility For Crisis Governance,
2017
UC Law SF
The Board’S Responsibility For Crisis Governance, Lawrence J. Trautman
UC Law Business Journal
A clear strategy and implementation plan for reasonably foreseeable industry disasters--- before they take place, helps to prevent mistakes made under conditions of severe stress. Survivalthreatening disasters such as the BP Gulf of Mexico oil spill or natural disasters such as hurricanes, fires, or the March 11, 2011 Japanese earthquake and tsunami, constitute any board’s worse nightmare. I have attempted to draw upon lessons from each of these disasters and explore how they may be applied more generally across all industries when crisis strikes. While effective risk management is perhaps the topic highest on every board's agenda, it is imperative …
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career,
2017
Washington and Lee University School of Law
Looking Back, Looking Forward: Personal Reflections On A Scholarly Career, David K. Millon
Washington and Lee Law Review
No abstract provided.
Reflecting On Three Decades Of Corporate Law Scholarship,
2017
Washington and Lee University School of Law
Reflecting On Three Decades Of Corporate Law Scholarship, Lyman P.Q. Johnson
Washington and Lee Law Review
No abstract provided.
Too Vast To Succeed,
2017
Brooklyn Law School
The Fiduciary Enterprise Of Corporate Law,
2017
Washington and Lee University School of Law
The Fiduciary Enterprise Of Corporate Law, Christopher M. Bruner
Washington and Lee Law Review
No abstract provided.
Corporate Officers As Agents,
2017
Duke University School of Law
Corporate Officers As Agents, Deborah A. Demott
Washington and Lee Law Review
No abstract provided.
Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda,
2017
University of Minnesota Law School
Repugnant Business Models: Preliminary Thoughts On A Research And Policy Agenda, Claire A. Hill
Washington and Lee Law Review
No abstract provided.
Corporate Governance As Moral Psychology,
2017
Wake Forest University School of Law
Corporate Governance As Moral Psychology, Alan R. Palmiter
Washington and Lee Law Review
No abstract provided.
From Sports Stadiums To The Stock Exchange: The Economic Agency Costs Of Fantex’S Income- Share Agreements With Professional Athletes,
2017
UC Law SF
From Sports Stadiums To The Stock Exchange: The Economic Agency Costs Of Fantex’S Income- Share Agreements With Professional Athletes, Nicole Medeiros
UC Law Business Journal
With the advent of Yahoo! Fantasy Sports, FanDuel, and DraftKings, and other online platforms, sports enthusiasts can not only cheer for their favorite teams, but they can also draft a team of professional athletes, regularly monitor their players’ performances through detailed analytics, and even place friendly wagers. The recent launch of Fantex, a brand marketing and acquisition company, has taken fan engagement to the stock exchange by providing investors an opportunity to purchase stocks linked to their favorite athletes’ earnings. While income-share agreements are not entirely novel, Fantex is the first company to create and securitize income-share agreements with professional …
Daily Fantasy Sports: A Call For Clear Guidelines,
2017
UC Law SF
Daily Fantasy Sports: A Call For Clear Guidelines, Paul Suh
UC Law Business Journal
Professional sports are no longer what they used to be. Imagine rooting for a “fantasy” team that consists of professional athletes, who may or may not have ties to your hometown, from different teams within the same amateur or professional organization. You question whether the countless hours of research spent in drafting your fantasy team were sufficient to win money from other contestants or participants by accruing “fantasy points” based on the statistical performances of individual athletes on a yearly or daily basis.
Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery,
2017
Fulton County Superior Court Judge
Gerber Products Co. Order On Plaintiff's Motion To Compel Discovery, Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate,
2017
The Catholic University of America, Columbus School of Law
How Many #Followers Do You Have?: Evaluating The Rise Of Social Media And Issues Concerning In Re Ctli’S Determination That Social Media Accounts Are Property Of The Estate, Patricia A. Leeson
Catholic University Law Review
With the rise of social media use, legal disputes have surfaced with litigants looking to the courts to determine issues of ownership and legal authority. As a matter of first impression, a U.S. Bankruptcy Court in Texas held that a Twitter and Facebook social media account were to be regarded as property of the estate pursuant to Section 541 of the Bankruptcy Code. The court analogized the social media accounts to subscriber lists because they provide valuable access to customers. Although the court addressed the question of whether social media applications are to be regarded as property in bankruptcy proceedings, …
The Limits Of Gatekeeper Liability,
2017
Washington University School of Law
The Limits Of Gatekeeper Liability, Andrew F. Tuch
Washington and Lee Law Review Online
No abstract provided.
Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment,
2017
Fulton County Superior Court Judge
Gross Endowment Trust, Llc Et Al., Order On Defendants' Motion For Summary Judgment, Alice D. Bonner
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
A Glass-Half-Empty Approach To Securities Regulation,
2017
University of Maryland Francis King Carey School of Law
A Glass-Half-Empty Approach To Securities Regulation, Wendy Gerwick Couture
Maryland Law Review
No abstract provided.
Robert L. Nix Order On Motion For Attorney's Fees,
2017
Fulton County Superior Court Judge
Robert L. Nix Order On Motion For Attorney's Fees, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment,
2017
Fulton County Superior Court Judge
Ainealem "Alex" Gidewon And Ag Entertainment, Inc. Order On Defendants' Second Motion For Summary Judgment, John J. Goger
Superior Court of Fulton County: Metro Atlanta Business Case Division Opinions
No abstract provided.
The Limits Of Performance-Based Regulation,
2017
University of Pennsylvania Law School
The Limits Of Performance-Based Regulation, Cary Coglianese
University of Michigan Journal of Law Reform
Performance-based regulation is widely heralded as a superior approach to regulation. Rather than specifying the actions regulated entities must take, performance-based regulation instead requires the attainment of outcomes and gives flexibility in how to meet them. Despite nearly universal acclaim for performance-based regulation, the reasons supporting its use remain largely theoretical and conjectural. Owing in part to a lack of a clear conceptual taxonomy, researchers have yet to produce much empirical research documenting the strengths and weaknesses of performance-based regulation. In this Article, I provide a much-needed conceptual framework for understanding and assessing performance-based regulation. After defining performance-based regulation and …
Rethinking Corporate Governance For A Bondholder Financed, Systemically Risky World,
2017
William & Mary Law School
Rethinking Corporate Governance For A Bondholder Financed, Systemically Risky World, Steven L. Schwarcz
William & Mary Law Review
This Article makes two arguments that, combined, demonstrate an important synergy: first, including bondholders in corporate governance could help to reduce systemic risk because bondholders are more risk averse than shareholders; second, corporate governance should include bondholders because bonds now dwarf equity as a source of corporate financing and bond prices are increasingly tied to firm performance.
