How Delaware Law Can Support Better Corporate Governance,
2010
Duke Law School
How Delaware Law Can Support Better Corporate Governance, James D. Cox
Faculty Scholarship
Corporate governance, or more particularly, improving corporate governance, has been an important national topic for decades – indeed from the first appearance of the public corporation. Within this discourse, we frequently find that the public and academics alike have short memories. We too frequently focus on the present more than on the sweep of history. So it is with the present corporate governance discussions. We tend to begin with the collapse of Enron in late 2001 and focus on the most recent tinkering with governance, such as the New York Stock Exchange's (NYSE) and Nasdaq's listing requirements and the novel, …
Llcs Are The New King Of The Hill: An Empirical Study Of The Number Of New Llcs, Corporations And Lps Formed In The United States Between 2004-2007 And How Llcs Were Taxed For Tax Years 2002-2006,
2010
Fordham Law School
Llcs Are The New King Of The Hill: An Empirical Study Of The Number Of New Llcs, Corporations And Lps Formed In The United States Between 2004-2007 And How Llcs Were Taxed For Tax Years 2002-2006, Rodney D. Chrisman
Fordham Journal of Corporate & Financial Law
No abstract provided.
Quantitative Proof Of Reputational Harm,
2010
Fordham Law School
Quantitative Proof Of Reputational Harm, Meiring De Villiers
Fordham Journal of Corporate & Financial Law
No abstract provided.
Simultaneous Distress Of Residential Developers And Their Secured Lenders An Analysis Of Bankruptcy & Bank Regulation
,
2010
Fordham Law School
Simultaneous Distress Of Residential Developers And Their Secured Lenders An Analysis Of Bankruptcy & Bank Regulation , Sarah Pei Woo
Fordham Journal of Corporate & Financial Law
No abstract provided.
Stretching The Limits Of Deal Protection Devices: From Omnicare To Wachovia,
2010
Fordham Law School
Stretching The Limits Of Deal Protection Devices: From Omnicare To Wachovia, Eleonora Gerasimchuk
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Dissent Dampened By Timing: How The Stock Market Exception Systematically Deprives Public ,
2010
Fordham Law School
A Dissent Dampened By Timing: How The Stock Market Exception Systematically Deprives Public , Jeff Goetz
Fordham Journal of Corporate & Financial Law
No abstract provided.
I.R.C. Section 7430 Attorney's Fees: Navigating Section 7430 And A Call For The Final Act,
2010
Fordham Law School
I.R.C. Section 7430 Attorney's Fees: Navigating Section 7430 And A Call For The Final Act, Jeffrey E. Ouijano, Rodney P. Mock
Fordham Journal of Corporate & Financial Law
No abstract provided.
In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard,
2010
Fordham Law School
In The Wake Of Empagran – Lights Out On Foreign Activity Falling Under Sherman Act Jurisdiction? Courts Carve Out A Prevailing Standard, Kelly L. Tucker
Fordham Journal of Corporate & Financial Law
No abstract provided.
Symposium: The Regulation Of Investment Funds,
2010
U.S. Securities and Exchange Commission
Symposium: The Regulation Of Investment Funds, Andrew J. Donohue, Paul N. Roth, Mattew B. Siano, J.W. Verret
Fordham Journal of Corporate & Financial Law
Symposium: The Regulation Of Investment Funds
Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York,
2010
Fordham Law School
Lecture At Fordham Corporate Law Center By William Dudley, President Of Federal Reserve Bank Of New York, William Dudley
Fordham Journal of Corporate & Financial Law
No abstract provided.
Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers,
2010
Fordham Law School
Risks And Hedges Of Providing Liquidity In Complex Securities: The Impact Of Insider Trading On Options Market Makers, Stanislav Dolgopolov
Fordham Journal of Corporate & Financial Law
No abstract provided.
Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions,
2010
Fordham Law School
Financial Statement Reporting Of Pending Litigation: Attorneys, Auditors, And Difference Of Opinions, W. R. Koprowski, Steven J. Arsenault, Michael Cipriano
Fordham Journal of Corporate & Financial Law
No abstract provided.
A Short History Of Tontines,
2010
Fordham Law School
A Short History Of Tontines, Kent Mckeever
Fordham Journal of Corporate & Financial Law
No abstract provided.
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law,
2010
Fordham Law School
The Tenth Annual A. A. Sommer, Jr. Lecture On Corporate, Securities, & Financial Law, Elisse B. Walter
Fordham Journal of Corporate & Financial Law
No abstract provided.
Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative,
2010
Elisabeth Haub School of Law at Pace University
Stealth Preemption: The Irs's Nonprofit Corporate Governance Initiative, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
The Internal Revenue Service, the primary federal regulator of charities, has initiated a corporate governance initiative. The intervention by the Internal Revenue Service into an area traditionally the preserve of state nonprofit corporate law has little relationship to issues of tax compliance. This corporate governance initiative has been accomplished in the face of IRS acknowledgement that it has no statutory authority relating to these issues. Yet, the power of the Service to recognize tax exempt status and the method it has used to ensure it vision of correct corporate governance practices through a series of questions when an organization applies …
Director Liability For Corporate Crimes: Lawyers As Safe Haven?,
2010
Elisabeth Haub School of Law at Pace University
Director Liability For Corporate Crimes: Lawyers As Safe Haven?, John A. Humbach
Elisabeth Haub School of Law Faculty Publications
The fines and penalties assessed against corporations are running into the billions of dollars each year. Part of the reason is that the managers and employees of entrepreneurial organizations have inherent incentives to engage in conduct that exposes the entity to fines and penalties. This article considers the legal bases for shifting these law-enforcement losses back to directors who are actively involved in creating them, either because they approved or they deliberately ignored the corporation’s legal or regulatory violations (Part II). It then examines bases for shifting these losses back to directors even when their involvement in the non-compliance is …
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Reimagining Human Rights Law: Toward Global Regulation Of Transnational Corporations, Rachel J. Anderson
Scholarly Works
This article takes a new look at a perennial question of human rights: how to prevent corporate-related human rights abuses and provide remedies for victims. It argues that transnational corporations require specialized and targeted regulations and laws, and that the conflation of human rights law and international human rights law should be reversed to allow the advancement of other forms of human rights law. It makes two proposals. First, reimagine human rights law and international human rights law as separate categories. Specifically, classify international human rights law as a sub-category of human rights law. This distinction highlights the need to …
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment,
2010
University of Nevada, Las Vegas -- William S. Boyd School of Law
Promoting Distributional Equality For Women: Some Thoughts On Gender And Global Corporate Citizenship In Foreign Direct Investment, Rachel J. Anderson
Scholarly Works
This essay applies a legal theory of global corporate citizenship to the question of women’s distributional equality in foreign direct investment. It proposes ways that a legal theory of mandatory global corporate citizenship can expand the ways we think about regulating transnational corporations and promoting gender equality.
Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?,
2010
Georgetown University Law Center
Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock
Georgetown Law Faculty Publications and Other Works
This article focuses on the extent to which unenforceable voluntary initiatives undertaken by corporations can change corporate behavior to make businesses more environmentally responsible, i.e. not only comply with the law, but to do more than the law actually requires of them. These initiatives, loosely gathered under the umbrella of a movement called corporate social responsibility (CSR), are often proposed by the government as a way to fill regulatory and enforcement gaps or by industry, often as an alternative to regulatory requirements. In each case, their goal is to improve the compliance record of businesses and, in some cases, to …
Reading Stoneridge Carefully: A Duty-Based Approach To Reliance And Third Party Liability Under Rule 10b-5,
2010
Georgetown University Law Center
Reading Stoneridge Carefully: A Duty-Based Approach To Reliance And Third Party Liability Under Rule 10b-5, Donald C. Langevoort
Georgetown Law Faculty Publications and Other Works
The Supreme Court's decision in the Stoneridge case has largely been interpreted as a imposing a strict, pro-defendant reliance requirement. This article offers an alternative reading that takes the Court's analysis more seriously than its overheated dicta, one that makes "remoteness" a serious and meaningful inquiry that can produce balanced and fair responses to the concern that seemed to motivate the search for restraint: fear of disproportionate liability. It explores the nature of the dispropotion, and suggests ways--using the Court's own explanatory tools--for deciding when third party involvement is close enough to the fraud so that fear of disproportion lessens. …
