Theoretical And Methodological Perspectives,
2012
University of Tennessee College of Law
Theoretical And Methodological Perspectives, Joan Macleod Heminway
Book Chapters
No abstract provided.
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”,
2012
Mercer University School of Law
Chevron, Greenwashing, And The Myth Of “Green Oil Companies”, Judd F. Sneirson
Articles
As green business practices grow in popularity, so does the temptation to “greenwash” one’s business to appear more environmentally and socially responsible than it actually is. We examined this phenomenon in an earlier paper, using BP and the Deepwater Horizon catastrophe as a case study and developing a framework for policing dubious claims of corporate social responsibility. This Article revisits these issues focusing on Chevron, an oil company that claims in its advertisements to care deeply about the environment and the communities in which it operates, even as it faces an $18 billion judgment for polluting the Ecuadorean Amazon and …
State Legislative Efforts To Improve Access To Venture Capital,
2012
University of Tennessee College of Law
State Legislative Efforts To Improve Access To Venture Capital, Brian K. Krumm
Book Chapters
No abstract provided.
Prece-Don't: Corporations And The Rise Of The Modern Judicial Dictatorship,
2012
Florida A&M University College of Law
Prece-Don't: Corporations And The Rise Of The Modern Judicial Dictatorship, Justin Levitt
Florida A & M University Law Review
In 2010, the Supreme Court decision, Citizens United v. Federal Election Commission, declared unconstitutional any law forbidding corporations and unions from using general treasury funds for "electioneering communication," or political advocacy transmitted by broadcast, cable, or satellite communication in the period leading up to a federal election.
This note will examine the implications of the Citizens United decision and will argue that the future of First Amendment protection of corporate speech does not turn on any notion of corporate personhood. It will explore exactly how the Court has applied the equal protection clause of the Fourteenth Amendment to corporations. It …
Hunger And U.S. Governmental Policies,
2012
Asbury Theological Seminary
Hunger And U.S. Governmental Policies, Evangelical Advocacy: A Response To Global Poverty
Bibliographies
No abstract provided.
Zgody Szczególne W Prawie Kontroli Koncentracji,
2012
University of Warsaw
Zgody Szczególne W Prawie Kontroli Koncentracji, Tadeusz Skoczny
Monografie CARS/CARS Monographs
Kolejna (dziesiąta) monografia z serii wydawniczej „Podręczniki i Monografie” CARS autorstwa prof. Tadeusza Skocznego jest poświęcona praktycznie najważniejszemu elementowi prewencyjnej kontroli koncentracji – materialno- i formalnoprawnym podstawom udzielania zgód szczególnych na dokonanie koncentracji. U podstaw pracy leży teoretyczna koncepcja zgód szczególnych, dla których wydania nie wystarczy stwierdzenie, że zamiar koncentracji nie prowadzi do istotnego ograniczenia konkurencji (jak w sytuacji zgody zwykłej) lub które muszą być wydane, mimo że zamierzona koncentracja do istotnego ograniczenia konkurencji prowadzi i powinna zostać zakazana. Przedmiotem analiz autora są trzy rodzaje zgód szczególnych: zgody wyjątkowe, wydawane wtedy, gdy zakaz dokonania koncentracji jest niedopuszczalny z uwagi na …
The Politicization Of Corporate Governance: Bureaucratic Discretion, The Sec, And Shareholder Ratification Of Auditors,
2012
University of Denver
The Politicization Of Corporate Governance: Bureaucratic Discretion, The Sec, And Shareholder Ratification Of Auditors, J. Robert Brown Jr.
Sturm College of Law: Faculty Scholarship
The role of the Securities and Exchange Commission in the corporate governance process has shifted dramatically in recent years. The Commission has increasingly supplanted state law in determining substantive standards of corporate governance. The replacement of states with the Commission will have significant consequences.
The Facebook Ipo's Face-Off With Dual Class Stock Structure,
2012
University of Michigan Law School
The Facebook Ipo's Face-Off With Dual Class Stock Structure, Anna S. Han
University of Michigan Journal of Law Reform Caveat
The Facebook initial public offering (“Facebook IPO”) is premised on a dual class stock structure, which the media criticizes as a circumvention of regulations designed to protect shareholders. I argue that Facebook’s use of dual class stock not only is likely to benefit its shareholders, but also follows in the footsteps of seasoned, influential companies like Google.
Gender And Securities Law In The Supreme Court,
2012
Washington and Lee University School of Law
Gender And Securities Law In The Supreme Court, Lyman P.Q. Johnson, Michelle Harner, Jason A. Cantone
Scholarly Articles
The 2010 appointment of Elena Kagan to the United States Supreme Court meant that, for the first time, three female justices would serve together on that court. Less clear is whether Justice Kagan’s gender will really matter in how she votes as a justice. This question is an especially visible aspect of a larger issue: do female judges display gendered voting patterns in the cases that come before them?
This article makes a novel contribution to the growing literature on female voting patterns. We investigated whether female justices on the United States Supreme Court voted differently than, or otherwise influenced, …
Book Review: Derivatives Traders Do What, Again?,
2012
American University Washington College of Law
Book Review: Derivatives Traders Do What, Again?, Heather Hughes
Book Reviews
Critics of financial regulation sing a classic refrain, associated with Friedrich Hayek’s theories: Regulation cannot match the temporality of capitalism, as it is based on analysis of what has already transpired in markets that are perpetually evolving. In Collateral Knowledge, Annelise Riles disrupts the Hayekian critique of financial regulation. She presents collateral in derivatives markets as a technique and an aesthetic practice and then contends that state actors also can deploy private actors’ techniques in response to the temporal nature of markets. There is nothing inherently private about the methods of self-governance that private actors use to accommodate temporality. This …
The Case For Leverage-Based Corporate Human Rights Responsibility,
2012
Allard School of Law at the University of British Columbia
The Case For Leverage-Based Corporate Human Rights Responsibility, Stepan Wood
All Faculty Publications
Should companies’ human rights responsibilities arise, in part, from their “leverage” – their ability to influence others’ actions through their relationships? Special Representative John Ruggie rejected this proposition in the United Nations Framework for business and human rights. I argue that leverage is a source of responsibility where there is a morally significant connection between the company and a rights-holder or rights-violator, the company is able to make a contribution to ameliorating the situation, it can do so at modest cost, and the threat to human rights is substantial. In such circumstances companies have a responsibility to exercise leverage even …
Mers: The Unreported Effects Of Lost Chain Of Title On Real Property Owners,
2012
UC Law SF
Mers: The Unreported Effects Of Lost Chain Of Title On Real Property Owners, David E. Woolley, Lisa D. Herzog
UC Law Business Journal
A Mortgage Electronic Registry System ("MERS") keeps electronic records on half of the home mortgages in the United States. The author analyzes the destructive effect that the MERS system will have on 400 years of recorded property rights in the United States, explains how junior and senior property rights are determined in the face of a boundary dispute, and discusses the robo-signer scandal. The article explains how the lost chain of title affects homeowners with or without mortgages in the MERS system, including the ramifications on the ground for determining property boundaries and proof of ownership in order to obtain …
Corporate Opportunities And Corporate Competition In Illinois: A Comparative Discussion Of Fiduciary Duties, 46 J. Marshall L. Rev. 1 (2012),
2012
UIC School of Law
Corporate Opportunities And Corporate Competition In Illinois: A Comparative Discussion Of Fiduciary Duties, 46 J. Marshall L. Rev. 1 (2012), William Lynch Schaller
UIC Law Review
No abstract provided.
Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases,
2012
Indiana University Maurer School of Law
Department Of Defense, Inc.: The Dod's Use Of Corporate Strategies To Manage U. S. Overseas Military Bases, Matt Weyand
Indiana Journal of Global Legal Studies
This paper examines the Department of Defense's use of corporate strategies to manage U.S. overseas military bases and concludes that the Department of Defense's continued use of these corporate strategies which have negatively impacted the United States' relationship with host nations-depends on the Department of Defense's ability to successfully strike a balance between efficiency and diplomacy.
Business Insolvency And The Irish Debt Crisis,
2012
The John Marshall Law School
Business Insolvency And The Irish Debt Crisis, Paul B. Lewis
Richmond Journal of Global Law & Business
No abstract provided.
Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc.,
2012
West Virginia University
Restoring Balance To Checks And Balances: Checking The Executive's Power Under The State Secrets Doctrine, Mohamed V. Jeppesen Dataplan, Inc., Jessica Slattery Karich
West Virginia Law Review
No abstract provided.
Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development,
2012
UC Law SF
Connecting Law And Creativity: The Role Of Lawyers In Supporting Creative And Innovative Economic Development, Amanda M. Spratley
UC Law Business Journal
The article presents and discusses opportunities for advocacy that lie at the intersection of the legal and creative community. Economists have identified a shift from in the economy where the most valued quality for stimulating the economy is creativity. This shift will force lawyers to reorient their legal services to survive and better responds to their clients. The articles examines the challenges facing a subset of artists and the link between the creative economy and strengthening regional and local U.S. economies, focusing on the development of microenterprises. The article also details practical steps lawyers can take to provide legal assistance …
Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement,
2012
Mesirow Financial Consulting, LLC.
Dispute Resolution As A Part Of Your Merger Or Your Acquisition Agreement, Kenneth Mathieu, Vincent (Trace) P. Schmeltz Iii
Michigan Business & Entrepreneurial Law Review
Often overlooked until invoked, the dispute resolution provisions of an acquisition agreement frequently mirror the terms of a lawyer’s last deal. Yet such provisions—including purchase price adjustment clauses, the terms of governing earn-out disputes, and the contract sections outlining the indemnification claims process—often have long-term economic ramifications on the buyers and sellers. In working with corporate lawyers over the years, we have noted that corporate lawyers understand (and give intense thought to) the leverage their clients have, what their clients hope to accomplish in a transaction, and what makes long-term economic sense in drafting an agreement and negotiating more advantageous …
Considerations For Private Equity Firms When Utilizing Chapter 11 New Value Deals,
2012
University of Michigan Law School
Considerations For Private Equity Firms When Utilizing Chapter 11 New Value Deals, Alexandra Wilde
Michigan Business & Entrepreneurial Law Review
The new value exception to the Chapter 11 absolute priority rule provides a narrow avenue for equity holders to retain an equity interest in a reorganized company over the objections of senior creditors and interest holders. With the increasing number of Chapter 11 reorganization filings by private equity owned companies, private equity firms may be interested in exploring ways to retain their equity ownership in the debtor company. This Note explores the unique implications a private equity firm may encounter when attempting to utilize the new value exception as a last resort to maintain ownership in a debtor company. Part …
Student Intellectual Property Issues On The Entrepreneurial Campus,
2012
University of Michigan Law School
Student Intellectual Property Issues On The Entrepreneurial Campus, Bryce C. Pilz
Michigan Business & Entrepreneurial Law Review
This article examines issues that are more frequently arising for universities concerning intellectual property in student inventions. It seeks to identify the issue, explain the underlying law, identify actual and proposed solutions to these issues, and explain the legal ramifications of these potential solutions.
