Articles cover corporate legal topics and development important to businesses, scholars and practicing lawyers.
Articles from Vol. 32, No. 2, Winter
Forced Commercial Speech and the Government Speech Doctrine: Discerning and Reducing the Uncertainty Following Johanns V. Livestock Marketing Association
II. BACKGROUND: THE DEVELOPMENT OF COMMERCIAL SPEECH JURISPRUDENCE
A. Origins of Commercial Speech Protection
B. Origins of the Unconstitutionality of Compelled Speech
C. Supreme Court Compelled Commercial Speech...
II. IS SUBSTANTIVE DUE CARE "FOREIGN" TO THE BUSINESS JUDGMENT RULE?
III. THE "REINVIGORATION" OF SUBSTANTIVE DUE CARE
IV. SUBSTANTIVE DUE CARE AND THE REASONABLE DIRECTOR
V. THE APPLICATION OF SUBSTANTIVE DUE CARE ANALYSIS
Insider Trading Laws and Stock Markets around the World: An Empirical Contribution to the Theoretical Law and Economics Debate
ABSTRACT The primary goal of this Article is to bring empirical evidence to bear on the heretofore largely theoretical law and economics debate about insider trading. The Article first summarizes various agency, market, and contractual (or "Coasian")...
Is the Quick-Look Antitrust Analysis in PolyGram Holding Inherently Suspect?
A. The Per Se Analysis
B. Development of the Rule of Reason Analysis
C. Development of Quick-Look Tests under the Rule of Reason
1. Supreme Court Discussion of the...
Maximizing the Wealth of Fictional Shareholders: Which Fiction Should Directors Embrace?
ABSTRACT Corporate directors are generally committed to the social norm of maximizing the wealth of their corporation's common shareholders. Their current practice is to simplify their investment decisions by positing a generic fictional shareholder...
The Historical Race Competition for Corporate Charters and the Rise and Decline of New Jersey: 1880-1910
II. THE ORIGINS OF STATE COMPETITION FOR CORPORATE CHARTERS: 1875-1888
A. State Competition in the Era of Special Charters
B. General Incorporation Statutes and the Origins of New