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Series Llcs: Getting Comfortable With Uncertainty, Austin Jones 2016 UC Law SF

Series Llcs: Getting Comfortable With Uncertainty, Austin Jones

UC Law Business Journal

No abstract provided.


The U.N. Guiding Principles: Beyond Soft Law, Noura Barakat 2016 UC Law SF

The U.N. Guiding Principles: Beyond Soft Law, Noura Barakat

UC Law Business Journal

No abstract provided.


Will Your Veil Be Pierced? How Strong Is Your Entity’S Liability Shield? -- Piercing The Veil, Alter Ego, And Other Bases For Holding An Owner Liable For Debts Of An Entity, Allen Sparkman 2016 UC Law SF

Will Your Veil Be Pierced? How Strong Is Your Entity’S Liability Shield? -- Piercing The Veil, Alter Ego, And Other Bases For Holding An Owner Liable For Debts Of An Entity, Allen Sparkman

UC Law Business Journal

No abstract provided.


Too Vast To Succeed, Miriam H. Baer 2016 Brooklyn Law School

Too Vast To Succeed, Miriam H. Baer

Michigan Law Review

If sunlight is, in Justice Brandeis’s words, “the best of disinfectants,” then Brandon Garrett’s latest book, Too Big to Jail: How Prosecutors Compromise with Corporations might best be conceptualized as a heroic attempt to apply judicious amounts of Lysol to the murky world of federal corporate prosecutions. “How Prosecutors Compromise with Corporations” is the book’s neutral- sounding secondary title, but even casual readers will quickly realize that Garrett means that prosecutors compromise too much with corporations, in part because they fear the collateral consequences of a corporation’s criminal indictment. Through an innovation known as the Deferred Prosecution Agreement, or DPA, …


Constitutionalizing Corporate Law, Elizabeth Pollman 2016 Vanderbilt University Law School

Constitutionalizing Corporate Law, Elizabeth Pollman

Vanderbilt Law Review

The Supreme Court has recently decided some of the most important and controversial cases involving the federal rights of corporations in over two hundred years of jurisprudence. In rulings ranging from corporate political spending to religious liberty rights, the Court has dramatically expanded the zone in which corporations can act free from regulation. This Article argues these decisions represent a doctrinal shift, even from previous cases granting rights to corporations. The modern corporate rights doctrine has put unprecedented weight on state corporate law to act as a mechanism for resolving disputes among corporate participants regarding the expressive and religious activity …


Intrafirm Monitoring Of Executive Compensation, Robert J. Rhee 2016 Vanderbilt University Law School

Intrafirm Monitoring Of Executive Compensation, Robert J. Rhee

Vanderbilt Law Review

This Article argues that employees should serve as intrafirm monitors of executive performance and pay. Employees and shareholders, labor and capital, can monitor executive performance and pay at different levels. Diffuse, diversified, and short durational shareholders currently monitor performance and pay through the market mechanism of public disclosures and share price. Employees can add an effective layer of monitoring by leveraging private information. Employees possess the corporation's entire information content; the assessment derived from this content would be relevant to the board's assessment of executive performance and pay. Corporate employees are also a major constituent of the corporate system and …


Micro, Small And Medium Enterprise (Msme) Insolvency In Canada, Janis P. Sarra 2016 Allard School of Law at the University of British Columbia

Micro, Small And Medium Enterprise (Msme) Insolvency In Canada, Janis P. Sarra

All Faculty Publications

Insolvency law is broadly recognized as an essential tool in well-functioning economies. A balance of mechanisms that allow for timely and effective liquidation, but also for a “fresh start” for individual entrepreneurs and the rehabilitation of viable businesses, tends to enhance creditor recoveries and lender confidence. This study examines the treatment of micro, small and medium enterprises (“MSME”) under the Canada Bankruptcy and Insolvency Act. It undertakes a qualitative examination of 200 business insolvencies in 2015, in order to try to understand the reasons for insolvency, types of debt, and outcomes of proceedings. The study reports on the results of …


Frances B. Bunzl Order On Defedant's Sutherland Asbill & Brennan Llp Motion To Dismiss, Melvin K. Westmoreland 2016 Fulton County Superior Court Judge

Frances B. Bunzl Order On Defedant's Sutherland Asbill & Brennan Llp Motion To Dismiss, Melvin K. Westmoreland

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

No abstract provided.


Frances B. Bunzl Order On Defedant's Motion To Dismiss, Melvin K. Westmoreland 2016 Fulton County Superior Court Judge

Frances B. Bunzl Order On Defedant's Motion To Dismiss, Melvin K. Westmoreland

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

No abstract provided.


Family Law And Entrepreneurial Action, D. Gordon Smith 2016 BYU Law School

Family Law And Entrepreneurial Action, D. Gordon Smith

Faculty Scholarship

In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.


Making Assignments For The Benefit Of Creditors As Easy As A-B-C, Carly Landon 2016 Fordham University School of Law

Making Assignments For The Benefit Of Creditors As Easy As A-B-C, Carly Landon

Fordham Urban Law Journal

No abstract provided.


How To Screen For Success In Employment Law Cases, Robert M. Rosen 2016 Touro University Jacob D. Fuchsberg Law Center

How To Screen For Success In Employment Law Cases, Robert M. Rosen

Touro Law Review

No abstract provided.


Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum 2016 Touro University Jacob D. Fuchsberg Law Center

Strategic Evidence Issues In Equal Employment Litigation, Marc Rosenblum

Touro Law Review

No abstract provided.


Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer 2016 Touro Law School

Recent Supreme Court Employment Law Developments, Olati Johnson, Douglas D. Scherer

Touro Law Review

No abstract provided.


Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post 2016 Touro Law School

Dismantling Democracy: Common Sense And The Contract Jurisprudence Of Frank Easterbrook, Deborah Post

Touro Law Review

No abstract provided.


Preface To The Gateway Thread, Deborah Post 2016 Touro Law School

Preface To The Gateway Thread, Deborah Post

Touro Law Review

No abstract provided.


Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh 2016 Touro University Jacob D. Fuchsberg Law Center

Where's The Sense In Hill V. Gateway 2000?: Reflections On The Visible Hand Of Norm Creation, Shubha Ghosh

Touro Law Review

No abstract provided.


Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel 2016 Touro University Jacob D. Fuchsberg Law Center

Cognition And Common Sense In Contract Law, Beverly Horsburgh, Andrew Cappel

Touro Law Review

No abstract provided.


Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon 2016 Touro University Jacob D. Fuchsberg Law Center

Common Sense, Contracts, And Law And Literature: Why Lawyers Should Read Henry James, Lenora Ledwon

Touro Law Review

No abstract provided.


Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley 2016 Touro University Jacob D. Fuchsberg Law Center

Of Contract, Culture, And The Code: Judge Easterbrook And The Cheyenne Indians, John M. Conley

Touro Law Review

No abstract provided.


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