Culture In Corporate Law Or: A Black Corporation, A Christian Corporation, And A Māori Corporation Walk Into A Bar . . .,
2016
Seattle University School of Law
Culture In Corporate Law Or: A Black Corporation, A Christian Corporation, And A Māori Corporation Walk Into A Bar . . ., Gwendolyn Gordon
Seattle University Law Review
Recent Supreme Court cases have entrenched a new image of corporate civic identity, assigning to the corporate person rights and abilities based upon the cultural characteristics, social ties, civic commitments, and internal lives of the human beings involved in it. This vision of the corporation is exemplified in recent cases implicating a corporate right to engage in political speech (Citizens United v. Federal Election Commission) and a right of corporations to be free of government interference regarding religious convictions (Burwell v. Hobby Lobby Stores, Inc.). Although much is being written about the soundness of the results in these cases and …
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations,
2016
Seattle University School of Law
The English East India Company And The Modern Corporation: Legacies, Lessons, And Limitations, Philip J. Stern
Seattle University Law Review
The English East India Company was first chartered in 1600, endured until the late nineteenth century, and, in a clever act of corporate resurrection, has even recently returned as a global, upmarket retail outlet selling fine foods and commemorative coins. It has also endured in the popular imagination and culture, churning out heroes and villains alike in film, television, and video games. The script writer for a forthcoming BBC miniseries, in which the East India Company stars as the prime antagonist, even noted recently that the Company was like “the CIA, the NSA, and the biggest, baddest multinational corporation on …
Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations,
2016
Seattle University School of Law
Remarks: The Declining Role Of Outside Counsel In Enhancing Ethical Conduct By Corporations, Jed S. Rakoff
Seattle University Law Review
Judge Rakoff’s remarks from the seventh annual Berle Symposium, held May 26–27, 2015 at Seattle University School of Law.
"Special," Vestigial, Or Visionary? What Banking Regulation Tells Us About The Corporation—And Vice Versa,
2016
Seattle University School of Law
"Special," Vestigial, Or Visionary? What Banking Regulation Tells Us About The Corporation—And Vice Versa, Robert C. Hockett, Saule T. Omarova
Seattle University Law Review
A remarkable yet seldom noted set of parallels exists between modern U.S. bank regulation, on the one hand, and what used to be garden-variety American corporate law, on the other hand. For example, just as bank charters are matters not of right but of conditional privilege even today, so were all corporate charters not long ago. Just as chartered banks are authorized to engage only in limited, enumerated activities even today, so were all corporations restricted not long ago. And just as banks are subject to strict capital regulation even today, so were all corporations not long ago. In this …
What Might Replace The Modern Corporation? Uberization And The Web Page Enterprise,
2016
Seattle University School of Law
What Might Replace The Modern Corporation? Uberization And The Web Page Enterprise, Gerald F. Davis
Seattle University Law Review
The number of public corporations in the United States has been in decline for almost twenty years. Alternative forms of organization, from LLCs and benefit corporations to Linux and Wikipedia, provide robust competition to traditional corporations, while short-lived, project-based enterprises that assemble supply chains from available parts are increasingly cost effective. Yet our understanding of corporate governance has not kept pace with the new organization of the economy and we continue to treat the public corporation with dispersed ownership as the default form of doing business. Meanwhile, many of the corporations going public in recent years have abandoned traditional standards …
The Rhetoric Of Negative Externalities,
2016
Seattle University School of Law
The Rhetoric Of Negative Externalities, Claire A. Hill
Seattle University Law Review
Negative externalities are costs imposed on third parties. The paradigmatic example is pollution. A firm manufactures a product that generates toxic waste, and dumps the waste; society pays for the associated cost, including, for instance, the community’s health problems caused by the waste. Profit is supposed to measure the firm’s revenues in excess of the associated costs; because this cost is not included, the firm’s profits are higher than they should be, and there is more pollution than there should be. What is privately optimal diverges from what is socially optimal. The concept of negative externalities is intuitively appealing. It …
The Widening Scope Of Directors' Duties: The Increasing Impact Of Corporate Social And Environmental Responsibility,
2016
Seattle University School of Law
The Widening Scope Of Directors' Duties: The Increasing Impact Of Corporate Social And Environmental Responsibility, Thomas Clarke
Seattle University Law Review
This Article concerns the widening scope of directors’ duties under the increasing impact of the pressures for corporate social and environmental responsibility. Narrow interpretations of directors’ duties that focus simply on the commercial success of the business and relegate other considerations to externalities are not tenable in the present context. The dawning realization of the global consequences of imminent climate change provides a series of inescapable challenges for business enterprises.
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin,
2016
Seattle University School of Law
Bringing Continuity To Cryptocurrency: Commercial Law As A Guide To The Asset Categorization Of Bitcoin, Evan Hewitt
Seattle University Law Review
This Note will undertake to analyze bitcoin under the Uniform Commercial Code (UCC) and the Internal Revenue Code (IRC)—two important sources of commercial law—to see whether any existing asset categories adequately protect bitcoin’s commercial viability. This Note will demonstrate that although commercial law dictates that bitcoin should—nay must—be regulated as a currency in order to sustain its existence, the very definition of currency seems to preclude that from happening. Therefore, this Note will recommend that we experiment with a new type of asset that receives currency-like treatment, specifically designed for cryptocurrencies, under which bitcoin can be categorized in order to …
Law And The Theory Of Fields,
2016
Seattle University School of Law
Law And The Theory Of Fields, Frank Partnoy
Seattle University Law Review
The distinction between “material” and “existential” plays a prominent role in A Theory of Fields, and it played a prominent role in discussions at the Berle VII Symposium. In general, the authors advocated the importance of the ongoing use of social skills and the collaborative efforts to seek meaning, particularly in ways beyond the merely “material.” However, the extent to which rules might matter in these efforts was less clear. Overall, Fligstein and McAdam seek to use the concept of a strategic action field to develop a theory of social change and stability. Yet social change and stability are inextricably …
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles,
2016
Seattle University School of Law
Agency Theory As Prophecy: How Boards, Analysts, And Fund Managers Perform Their Roles, Jiwook Jung, Frank Dobbin
Seattle University Law Review
In 1976, Michael Jensen and William Meckling published a paper reintroducing agency theory that explained how the modern corporation is structured to serve dispersed shareholders. They purported to describe the world as it exists but, in fact, they described a utopia, and their piece was read as a blueprint for that utopia. We take a page from the sociology of knowledge to argue that, in the modern world, economic theories function as prescriptions for behavior as much as they function as descriptions. Economists and management theorists often act as prophets rather than scientists, describing the world not as it is, …
Notes On The Difficulty Of Studying The Corporation,
2016
Seattle University School of Law
Notes On The Difficulty Of Studying The Corporation, Marina Welker
Seattle University Law Review
In the award-winning documentary The Corporation, public intellectuals and activists characterize corporations as “externalizing machines,” “doom machines,” “persons with no moral conscience,” and “monsters trying to devour as much profit as possible at anyone’s expense.” In other footage, people on the street personify corporations: “General Electric: a kind old man with lots of stories;” “Nike: young, energetic;” “Microsoft: aggressive;” “McDonald’s: young, outgoing, enthusiastic;” “Monsanto: immaculately dressed;” “Disney: goofy;” “The Body Shop: deceptive.” The documentary, like screenwriter and legal scholar Joel Bakan’s book The Corporation: The Pathological Pursuit of Profit and Power, imparts dissonant messages about corporations. On the one hand, …
Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance,
2016
Seattle University School of Law
Three Out Of Four Economists Recommend Raising The Minimum Wage! A Closer Look At The Debate Surrounding Seattle's Minimum Wage Ordinance, Erica Bergmann
Seattle University Law Review
This Note will discuss the implications of a high minimum wage by examining the debate around the Seattle Ordinance with a particular focus on the IFA lawsuit. To analyze the possible impacts of the Seattle Ordinance, current and historical arguments both in support of and in opposition to minimum wage laws are considered. This Note ultimately concludes that the U.S. District Court rightly denied the IFA’s motion for a preliminary injunction, which would have frustrated Seattle’s experiment before it began. Seattle’s plan to implement a $15 minimum wage, and similar experiments, should be permitted to proceed because the problem of …
Non-Compete Legislation Is Getting Worse With Latest Revisions,
2016
William & Mary Law School
Non-Compete Legislation Is Getting Worse With Latest Revisions, Nathan B. Oman
Popular Media
No abstract provided.
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?,
2016
National Director of Policy for the Intercultural Development Research Association
"Race-Conscious" School Finance Litigation: Is A Fourth Wave Emerging?, David G. Hinojosa
University of Richmond Law Review
No abstract provided.
Equity In American Education: The Intersection Of Race, Class, And Education,
2016
Thompson Coburn, LLP
Equity In American Education: The Intersection Of Race, Class, And Education, Pamela J. Meanes
University of Richmond Law Review
No abstract provided.
The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures,
2016
Villanova University
The Real Costs Of Neoliberal Education Reform: The Case Of Philadelphia School Closures, Jerusha Conner, Kelly Monahan
University of Richmond Law Review
No abstract provided.
Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis,
2016
University of Connecticut
Are We Heading Toward A Charter School "Bubble"?: Lessons From The Subprime Mortgage Crisis, Preston C. Green Iii, Bruce D. Baker, Joseph O. Oluwole, Julie F. Mead
University of Richmond Law Review
No abstract provided.
Balancing Short-Term Concerns, Long-Term Goals,
2016
Singapore Management University
Balancing Short-Term Concerns, Long-Term Goals, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
To be delivered almost a month later than usual, this year’s Budget will be closely watched for Singapore’s strategy on economic growth, income redistribution, reducing societal inequality and the government’s role in seeking a national consensus on these key issues.
Extraterritorial Application Of The Export Administration Amendments Of 1977,
2016
University of Georgia School of Law
Extraterritorial Application Of The Export Administration Amendments Of 1977, Robert S. Wayne
Georgia Journal of International & Comparative Law
No abstract provided.
The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977,
2016
University of Georgia School of Law
The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977, James M. Johnstone, Jon Paugh
Georgia Journal of International & Comparative Law
No abstract provided.
