Journal of Corporation Law

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

Articles from Vol. 38, No. 2, 2013

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. INTRODUCTIONRising oil prices and increasing concerns about transportation sustainability has renewed the drive for effective rail passenger travel.1 The Obama Administration has touted high-speed intercity passenger rail travel as the answer to a...
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 status...
Employers United: An Empirical Analysis of Corporate Political Speech in the Wake of the Affordable Care Act
I. INTRODUCTIONSecurities and Exchange Commission (SEC) Form 8-K offers a unique platform for corporate political speech. The requirement that publicly traded firms issue real-time disclosures of material changes to their expected results1 both requires...
Mass Procedures as a Form of "Regulatory Arbitration"-Abaclat V. Argentine Republic and the International Investment Regime
I. INTRODUCTIONAlthough final determination of the merits of the dispute is still several years in the making, Abaclat v. Argentine Republic1 has already been declared one of the most controversial arbitrations to arise in recent years.2 The proceedings...
Poster Wars: The NLRB and the Controversy over an 11-by-17-Inch Piece of Paper
I. INTRODUCTIONThe employer-employee relationship is at the epicenter of commerce. This relationship is complex and rife with difficulties, as the two sides often have competing objectives and aspirations. From the smallest sole proprietorship to the...
Throwing the Red Flag: Challenging the NFL's Lessons for American Business
INTRODUCTIONThe lovely double entendre in the title of Dean Roger L. Martin's book, Fixing the Game: Bubbles, Crashes, and What Capitalism Can Learn from the NFL,1 encapsulates Martin's argument that the American system of business and capitalism is...
Tread Lightly: Third-Party Retaliation Claims after Thompson V. North American Stainless
I. INTRODUCTIONBy recognizing a cause of action for third-party retaliation, the Supreme Court's decision in Thompson v. North American Stainless, LP1 repudiated the conclusions of four Circuit Courts of Appeals.2 Although a cause of action for third-party...
Who Owns the Ruby Slippers?: An Analysis of the Impact of Warner Bros. V. X One X on Visual Depictions in Copyright Law
I. INTRODUCTIONCopyright law is an inherent aspect of the most individual and valued of democratic rights: creativity. It protects the rights of the creative, provides art to the public, and promotes further development of society. Naturally, such a...