Journal of Corporation Law

Articles cover corporate legal topics and development important to businesses, scholars and practicing lawyers.

Articles from Vol. 38, No. 2, Winter

Changing Signals: A New Approach to the Enforcement of Rail Passenger Traffic Preference in Response to the Passenger Rail Investment and Improvement Act of 2008
I. INTRODUCTION II. Background A. The First Regulatory Era 1880-1920: Who's Running the Railroads? B. The Second Regulatory Era 1920-1970: Steep Grade Ahead, Passenger Terminus C. Amtrak and the Modern Era: From $40 Million to $40 Billion ...
Choosing Governance in the FCPA Reform Debate
The recent rise in enforcement under the U.S. Foreign Corrupt Practices Act (FCPA) has led to a vigorous debate about the need for reform. Critics say the statute is overenforced and harms shareholders. Regulators disagree and argue in favor of the...
Employers United: An Empirical Analysis of Corporate Political Speech in the Wake of the Affordable Care Act
I. Introduction II. BACKGROUND A. Brief History of Retiree Drug Plans B. Retiree Drug Subsidy.. C. Post-ACA SEC Disclosures and Congressional Investigation III. SEC REQUIREMENTS AND ACCOUNTING STANDARDS. A. SEC Disclosure Requirements ...
Mass Procedures as a Form of "Regulatory Arbitration" - Abaclat V. Argentine Republic and the International Investment Regime
I. Introduction II. Abaclat v. Argentine Republic II. Regulatory Litigation A. Regulatory Litigation Defined B. Transnational Regulatory Litigation IV. Regulatory Arbitration A. Class, Mass, and Collective Arbitration B. Regulatory...
Mass Procedures as a Form of "Regulatory Arbitration"- Abaclat V. Argentine Republic and the International Investment Regime
V. Regulatory Arbitration in the Investment Context Before considering the extent to which Abaclat v. Argentine Republic constitutes a form of regulatory arbitration, it is necessary to describe briefly the current debate regarding the extent to...
Poster Wars: The NLRB and the Controversy over an 11-by-17-Inch Piece of Paper
I. Introduction II. Background A. The National Labor Relations Act. 1. The Precursor to the NLRA: The Norris-LaGuardia Act 2. Passage and Purpose of the NLRA 3. Employee Rights Under the NLRA. B. The National Labor Relations...
Throwing the Red Flag: Challenging the NFL's Lessons for American Business
Introduction I. Challenge #1: Shareholders, Sports Bettors, and the Dangers of the Expectations Market A. Appreciating that the Starting Point Matters B. Understanding the Relationship Between the Bettor and the Organization that Is...
Tread Lightly: Third-Party Retaliation Claims after Thompson V. North American Stainless
I. INTRODUCTION II. Background A. History of Title VII of the Civil Rights Act of 1964 1. Roosevelt and Executive Order 8802 2. Truman and the Committee on Civil Rights 3. Kennedy, Johnson, and the Great Society B. Title...
Who Owns the Ruby Slippers? an Analysis of the Impact of Warner Bros. V. X One X on Visual Depictions in Copyright Law
I. Introduction II. Background A. Brief History of Copyright Law B. Derivative Works C. Public Domain 1. Silverman v. CBS Inc 2. Pannonia Farms v. USA Cable D. Fair Use E. Warner Bros. v. X One X 1....