Journal of Corporation Law

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

Articles from Vol. 43, No. 1, Fall

Cross-Market Balancing of Competitive Effects: What Is the Law, and What Should It Be?
I.IntroductionIt is has been said that "antitrust cases have always rejected the premise that a procompetitive effect in one market will excuse an anticompetitive effect in another."1 Philadelphia National Bank2 and Topco3 are cited as authority for...
Historic Preservation: Incentivizing Companies through Tax Credits
I. Introduction: The Importance of Historic PreservationThe preservation of historic structures not only helps preserve the cultural history of communities across the United States, but it also provides these communities with an enormous amount of economic...
Keeping Medical Liability Costs Down: How Captive Insurance and Damages Caps Could Help Control Rising Healthcare Costs
I.INTRODUCTIONInsurance costs continue to rise annually generally because of increased administrative costs relating to processing and paying claims, litigation costs arising from claims, and certain types of risks becoming more expensive to insure.1...
Out of Sight, out of Mind: The Case for Improving Director Independence Disclosure
I. IntroductionIn July 2016, a coalition of 13 CEOs and heads of major investment firms-which included names like J.P.Morgan Chase CEO Jamie Dimon, Berkshire Hathaway CEO Warren Buffett, General Motors CEO Mary Barra, and BlackRock CEO Larry Fink, released...
Reversing the Burden: Preventing Malfeasance in the Financial Services Industry by Presuming Fault
I. INTRODUCTIONDuring the early 2000's, the United Kingdom enacted the Approved Persons Regime (APR) in an effort to regulate the financial services market.1 The APR was long criticized for its inability to effectively regulate the market, and its vulnerabilities...
Self-Driving Contracts
I. IntroductionThis Article explores the theoretical implications of self-driving contracts. We define a self-driving contract as a contract that writes its own terms or fills its own gaps. To be more precise, a self-driving contract has three key features....
The "Reasonable Investor" of Federal Securities Law: Insights from Tort Law's "Reasonable Person" & Suggested Reforms
I. IntroductionSecurities class actions have been called the "800-pound gorilla that dominates and overshadows other forms of class actions" in the United States and for good reason.1 They constitute nearly half of all class actions filed in the federal...
What Does It Mean to Be Willful? Opinion Letters in the Wake of the Willful Infringement Standard of Halo V. Pulse
I.IntroductionIn patent infringement cases, a willfulness finding can result in an award of treble damages.1 Historically, a party had to seek and rely, in good faith, on the opinion of counsel as to whether or not their activity constituted infringement...
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