Open Access. Powered by Scholars. Published by Universities.®

Business Organizations Law Commons

Open Access. Powered by Scholars. Published by Universities.®

8,330 Full-Text Articles 5,249 Authors 5,117,280 Downloads 147 Institutions

All Articles in Business Organizations Law

Faceted Search

8,330 full-text articles. Page 186 of 187.

What Can We Learn From The 2010 Bp Oil Spill: Five Important Corporate Law And Life Lessons, Joseph Karl Grant 2010 Capital University Law School

What Can We Learn From The 2010 Bp Oil Spill: Five Important Corporate Law And Life Lessons, Joseph Karl Grant

McGeorge Law Review

No abstract provided.


Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao 2010 Allard School of Law at the University of British Columbia

Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao

Faculty Publications

This paper was produced for “In Berle’s Footsteps,” a symposium marking the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society at the University of Seattle School of Law. It considers the light that the “derivatives revolution” sheds on the theoretical perspectives of Roberto Unger and Adolf Berle. While an unlikely pair, both Unger and Berle focused, in different ways, on the same issues: property, the power associated with property, and the impact of “smashing the atom” of traditional property rights. For Unger, breaking down consolidated property holding at the societal level was a pro-democratic ...


In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility, Stepan Wood 2010 Allard School of Law at the University of British Columbia

In Defence Of The Sphere Of Influence: Why The Wgsr Should Not Follow Professor Ruggie's Advice On Defining The Scope Of Social Responsibility, Stepan Wood

Faculty Publications

The Working Group on Social Responsibility (WGSR) of the International Organization for Standardization (ISO) will meet in Copenhagen from May 17 to 21, 2010 for what is likely to be its last meeting to work on ISO 26000, an international guide on social responsibility. One of the central challenges for the WGSR is to define the scope of an organization’s responsibility for human rights abuses committed by third parties. ISO 26000, approved by a large majority in a recent "Draft International Standard" ballot, answers this question largely in terms of an organization’s degree of control or influence over ...


Keynote Address: The Role Of Lawyers In The Global Financial Crisis, Steven L. Schwarcz 2010 Duke Law School

Keynote Address: The Role Of Lawyers In The Global Financial Crisis, Steven L. Schwarcz

Faculty Scholarship

In recent articles, the author has argued that the global financial crisis can be attributed in large part to three causes — conflicts, complacency and complexity — as well as to a type of tragedy of the commons. This article, which comprised the keynote address for the 2010 Corporate Law Teachers Association Conference, will focus on the failure of market observers, including corporate lawyers, to foresee or act on critical correlations that might have prevented, or at least mitigated, the crisis. Although conflicts, complacency, complexity and the tragedy of the commons can help to explain this failure, the goal will be less ...


Supply Chains And Porous Boundaries: The Disaggregation Of Legal Services, Milton C. Regan, Palmer T. Heenan 2010 Georgetown University Law Center

Supply Chains And Porous Boundaries: The Disaggregation Of Legal Services, Milton C. Regan, Palmer T. Heenan

Georgetown Law Faculty Publications and Other Works

The economic downturn has had significant effects on law firms, and is causing many of them to rethink some basic assumptions about how they operate. In important respects, however, the downturn has simply intensified the effects of some deeper trends that preceded it, which are likely to continue after any recovery that may occur.

This paper explores one of these trends, which is corporate client insistence that law firms “disaggregate” their services into discrete tasks that can be delegated to the least costly providers who can perform them. With advances in communications technology, there is increasing likelihood that some of ...


Reading Stoneridge Carefully: A Duty-Based Approach To Reliance And Third Party Liability Under Rule 10b-5, Donald C. Langevoort 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 ...


Corporate Environmental Social Responsibility: Corporate "Greenwashing" Or A Corporate Culture Game Changer?, Hope M. Babcock 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 ...


Locating Innovation: The Endogeneity Of Technology, Organizational Structure, And Financial Contracting, Ronald J. Gilson 2010 Columbia Law School

Locating Innovation: The Endogeneity Of Technology, Organizational Structure, And Financial Contracting, Ronald J. Gilson

Faculty Scholarship

There is much we do not understand about the "location" of innovation: the confluence, for a particular innovation, of the technology associated with the innovation; the innovating firm's size and organizational structure; and the financial contracting that supports the innovation. This Essay suggests that these three indicia are determined simultaneously and discusses the interaction among them through four examples of innovative activity whose location is characterized by tradeoffs between pursuing the activity in an established company, in a smaller, earlier-stage company, or some combination of the two. It first considers the dilemma faced by an established company in deciding ...


Corporate Political Speech: Who Decides, Lucian A. Bebchuk, Robert J. Jackson Jr. 2010 Harvard Law School

Corporate Political Speech: Who Decides, Lucian A. Bebchuk, Robert J. Jackson Jr.

Faculty Scholarship

The Supreme Court spoke clearly this Term on the issue of corporate political speech, concluding in Citizens United v. FEC' that the First Amendment protects corporations' freedom to spend corporate funds on indirect support of political candidates. 2 Constitutional law scholars will long debate the wisdom of that holding, as do the authors of the two other Comments in this issue.3 In contrast, this Comment accepts as given that corporations may not be limited from spending money on politics should they decide to speak. We focus instead on an important question left unanswered by Citizens United: who should have ...


Contract Interpretation Redux, Alan Schwartz, Robert E. Scott 2010 Columbia Law School

Contract Interpretation Redux, Alan Schwartz, Robert E. Scott

Faculty Scholarship

Contract interpretation remains the largest single source of contract litigation between business firms. In part this is because contract interpretation issues are difficult, but it also reflects a deep divide between textualist and contextualist theories of interpretation. While a strong majority of U.S. courts continue to follow the traditional, "formalist" approach to contract interpretation, some courts and most commentators prefer the "contextualist" interpretive principles that are reflected in the Uniform Commercial Code and the Second Restatement. In 2003, we published an article that set out a formalist theory of contract interpretation to govern agreements between business firms. We argued ...


The U.S. As Reluctant Shareholder: Government, Business And The Law, Barbara Black 2010 University of Cincinnati College of Law

The U.S. As Reluctant Shareholder: Government, Business And The Law, Barbara Black

Faculty Articles and Other Publications

Despite the likelihood of future bailouts, the government articulated a consistent policy to deal with private enterprise failure, and there is no rule book for how the government should act This is not surprising; the philosophy of free market capitalism, so deeply engrained in the U.S. economic system, is difficult to reconcile with government's rescue of businesses that fail in that system. Unlike some other countries, the U.S. government does not invest surplus funds or engage in entrepreneurial activities for economic gain. The phrase "nationalizing private business" conveys serious negative connotations.

Accordingly, how the government behaves when ...


Regulatory Dualism As A Development Strategy: Corporate Reform In Brazil, The U.S., And The Eu, Ronald J. Gilson, Henry Hansmann, Mariana Pargendler 2010 Columbia Law School

Regulatory Dualism As A Development Strategy: Corporate Reform In Brazil, The U.S., And The Eu, Ronald J. Gilson, Henry Hansmann, Mariana Pargendler

Faculty Scholarship

Countries pursuing economic development confront a fundamental obstacle. Reforms that increase the size of the overall pie are blocked by powerful interests that are threatened by the growth-inducing changes. This problem is conspicuous in efforts to create effective capital markets to support economic growth. Controlling owners and managers of established firms successfully oppose corporate governance reforms that would improve investor protection and promote capital market development. In this article, we examine the promise of regulatory dualism as a strategy to diffuse the tension between future growth and the current distribution of wealth and power. Regulatory dualism seeks to mitigate political ...


Congress, Corporate Boards, And Oversight: A Public Law/Private Law Comparison, Paul S. Miller 2010 DePaul University College of Law

Congress, Corporate Boards, And Oversight: A Public Law/Private Law Comparison, Paul S. Miller

University of Richmond Law Review

No abstract provided.


Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David Millon 2009 Washington and Lee University School of Law

Response, The Still-Elusive Quest To Make Sense Of Veil-Piercing, David Millon

David K. Millon

No abstract provided.


The Financial Collapse And Recovery Effort: What Does It Mean For Corporate Governance?, Renee Jones 2009 Boston College Law School

The Financial Collapse And Recovery Effort: What Does It Mean For Corporate Governance?, Renee Jones

Renee Jones

No abstract provided.


Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert Rhee 2009 Selected Works

Crisis, Rescue And Corporate Social Responsibility Under American Corporate Law, Robert Rhee

Robert Rhee

This chapter discusses the legal issues of rescue and corporate social responsibility during times of public crisis. It analyzes a corporate board’s fiduciary duty related to the management of a public crisis and the provision of aid to government and the public. The thesis is that American corporate law adequately provides corporate boards authority to assume broad principles of corporate social responsibility, and that during a public crisis this authority is specially recognized in the enabling statutes of corporate law and should be broadened even further to pursue the public good in exigent circumstances.


Beyond Shareholder Value: Normative Standards For Sustainable Corporate Governance, Robert Sprague 2009 University of Wyoming

Beyond Shareholder Value: Normative Standards For Sustainable Corporate Governance, Robert Sprague

Robert Sprague

This paper explores whether the modern corporate governance model is sustainable. For many, particularly large, corporations, there is a separation between ownership and management, with an emphasis by management on short-term gains at the expense of long-term sustainability. This paper explores the role of corporate directors, particularly vis-à-vis shareholders, from an interdisciplinary perspective, analyzing legal case law as well as legal, management, and finance literature. This paper then explores emerging trends in expanding notions of corporate governance that incorporate concerns beyond just shareholders, recognizing the interrelationship between business and society. It is suggested that in order to remain viable and ...


‘Organizational’ Criminal Liability Of Partnerships In Canada: Constitutional And Practical Impediments, Darcy MacPherson 2009 University of Manitoba

‘Organizational’ Criminal Liability Of Partnerships In Canada: Constitutional And Practical Impediments, Darcy Macpherson

Darcy L MacPherson

No abstract provided.


Comparative Income Taxation: A Structural Analysis, Hugh Ault, Brian Arnold 2009 Boston College Law School

Comparative Income Taxation: A Structural Analysis, Hugh Ault, Brian Arnold

Hugh J. Ault

The purpose of this book is to compare different solutions adopted by nine industrialized countries to common problems of income tax design. As in other legal domains, comparative study of income taxation can provide fresh perspectives from which to examine a particular national system. Increasing economic globalization also makes understanding foreign tax systems relevant to a growing set of transnational business transactions. Comparative study is, however, notoriously difficult. Full understanding of a foreign tax system may require mastery not only of a foreign language, but also of foreign business and legal cultures. It would be the work of a lifetime ...


Svensk Aktiebolagsrätt, Torsten Sandström 2009 Selected Works

Svensk Aktiebolagsrätt, Torsten Sandström

Torsten Sandström

No abstract provided.


Digital Commons powered by bepress