Download or read book Contractual Freedom in Corporate Law written by Lucian A. Bebchuk and published by . This book was released on 1989 with total page 380 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Debate on Contractual Freedom in Corporate Law written by Lucian A. Bebchuk and published by . This book was released on 1989 with total page 36 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limiting Contractual Freedom in Corporate Law written by Lucian A. Bebchuk and published by . This book was released on 2009 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper takes issue with the increasingly influential view that companies should be completely free to opt out of corporate law rules by adopting appropriate charter provisions. I argue that the contractual view of the corporation, on which supporters of free opting out rely, offers substantial reasons for placing limits on opting out. The analysis focuses on opting out done by charter amendment, after a company has been formed, and highlight the differences between opting out by charter amendment and opting out in the initial charter. Analyzing the informational and collective action problems involved in the charter amendment process, I conclude that the case for placing limits on opt-out amendments is so compelling that even strong believers in free markets should recognize the need for such limits. I also provide criteria for determining the issues with respect to which, and the circumstances under which, opting out by charter amendment should be prohibited or restricted.
Download or read book Contractual Freedom in Corporate Law and the Role of the Judge written by Pietro Matteo Fioruzzi and published by . This book was released on 1997 with total page 59 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Limits of Freedom of Contract written by Michael J. Trebilcock and published by Harvard University Press. This book was released on 1997-03-25 with total page 326 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our legal system is committed to the idea that private markets and the law of contracts that supports them are the primary institutions for allocating goods and services in a modern economy. Yet the market paradigm, this book argues, leaves substantial room for challenge. For example, should people be permitted to buy and sell blood, bodily organs, surrogate babies, or sexual favors? Is it fair to allow people with limited knowledge about a transaction and its consequences to enter into it without guidance from experts?
Download or read book The Rise and Fall of Freedom of Contract written by P. S. Atiyah and published by . This book was released on 1985 with total page 816 pages. Available in PDF, EPUB and Kindle. Book excerpt: Psychology for the Classroom: E-Learningis a lively and accessible introduction to the field of technology-supported teaching and learning and the educational psychology associated with those developments. Offering a substantial and practical analysis of e-learning, this practical book includes current research, offers a grounding in both theory and pedagogical application and contains illustrative case studies designed to stimulate thinking about technology and education. The author places particular focus on the developing theory and practice of cybergogy as well as interpretations of conventional theories such as behaviourism, cognitivism and constructivism in the context of e-learning. The book also explores how these developments provide new opportunities, contexts and environments for learning including: Virtual learning environments; Social networking; Social justice; Cyber-bullying; New patterns of learning; Visualisations; Algorithm; Programmed learning. This unique text will appeal to all practising teachers and students alike and provides a valuable and practical guide to the theory and application of e-learning.
Download or read book The Corporation and the Constitution written by Henry N. Butler and published by American Enterprise Institute. This book was released on 1995 with total page 236 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Corporation and the Constitution is a significant contribution to modern constitutional and corporate scholarship. It offers a coherent theory of applying the Constitution to the corporation, and it forces scholars to appreciate the developments that have taken place totally outside the realm of traditional scholarly discourse on the Constitution.
Download or read book Antitakeover Charter Provisions and the Debate on Contractual Freedom in Corporate Law written by Sharon Hannes and published by . This book was released on 2001 with total page 512 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Contract Freedom and Restraint written by Richard A. Epstein and published by Routledge. This book was released on 2013-10-15 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2000. Where a well-run society should rest on the continuum between public and private control has been the most contentious and thorny issue of legal and social theory throughout the generations. This series sets out to provide answers to this ongoing dispute contained in the five volumes of material assembled. The collection draws from many disciplines, including economics, law, philosophy and political science. Yet they are all directed to a topic that is worthy of examination from multiple perspectives: Liberty, Property and the Law.
Download or read book Regulatory Competition and Freedom of Contract in U S Corporate Law written by Marco Ventoruzzo and published by . This book was released on 2018 with total page 11 pages. Available in PDF, EPUB and Kindle. Book excerpt: The real dynamics of U.S. regulatory competition in corporate law are often misunderstood. As convincingly demonstrated by some authors (Kahan and Kamar), most States are not actively engaged in the market for charters, and Delaware's position is substantially unchallenged. From this starting point, in this short paper presented at the Conference of the Sixtieth Anniversary of the Italian Rivista delle società in 2015, after a brief critical discussion of the actual nature of this "competition" based also on empirical evidence, I examine some recent reforms of the Delaware General Corporation Act in the area of corporate litigation (on fee-shifting bylaws and exclusive forum selection clauses), which affect contractual freedom in corporate bylaws and seem to confirm the theoretical framework illustrated. In light of these results, I offer some implications for the also peculiar type of regulatory competition emerging in Europe, and indicate some consequences that European policy makers should take into account.
Download or read book The State and Freedom of Contract written by and published by Stanford University Press. This book was released on 1998-09 with total page 394 pages. Available in PDF, EPUB and Kindle. Book excerpt: The relationship of law to economic freedom has been a vital element in the history of all modern democratic societies. "Freedom of contract" is both a technical term in law, referring to private agreements and promises, and a metaphor often deployed to describe economic liberty. This volume of new essays by eminent legal historians offers fresh perspectives on freedom of contract in both senses of the term, and considers how economic freedom relates to such classic political freedoms as free speech and other Anglo-American constitutional norms. The principal focus of the essays is on broad issues of policy and law, rather than on narrow considerations of legal doctrine. All the contributors reject stereotypes that pervade the existing literature about the allegedly unalloyed individualism of the common law, and show how active state interventions of various kinds have shaped contract law in relation to social change throughout our legal history. Equally, however, they reject shibboleths regarding "bringing the state back in," and take a hard look at the claims of statist ideology regarding the norms and rules that have established the legal boundaries of liberty in the modern industrial and post-industrial eras. The topics covered are Blackstone's claim that property was the "despotic dominion of the private owner" (A. W. B. Simpson), labor and contract (John V. Orth), the influence of philosophical trends on legal innovations (James Gordley), contract and individualism (David Lieberman), the tradition of public rights (Harry N. Scheiber), the formal concept of "liberty of contract" in American law (Charles McCurdy), the interwoven history of labor law and contract law (Arthur McEvoy), public policy in relation to natural resources (Donald Pisani), and globalization of freedom of contract (Martin Shapiro).
Download or read book International Commercial Litigation written by Trevor C. Hartley and published by Cambridge University Press. This book was released on 2009-07-09 with total page 963 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a carefully structured, practice-orientated textbook. The strong comparative component provides a thought-provoking international perspective, while at the same time allowing readers to gain unique insights into international commercial litigation in English courts.
Download or read book The Fall and Rise of Freedom of Contract written by F. H. Buckley and published by Duke University Press. This book was released on 1999-08-27 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: DIVOriginal essays by prominent legal scholars on the recent intellectual revival of freedom of contract and the value of free bargaining; the essays will be gleaned from a series of conferences organized around areas where bargaining rights might be expande/div
Download or read book New Features in Contract Law written by Reiner Schulze and published by sellier. european law publ.. This book was released on 2007 with total page 452 pages. Available in PDF, EPUB and Kindle. Book excerpt: 1. Freedom of contract and protection of weaker parties. -- 2. Preparation and formation of the contract. -- 3. Performance and remedies. -- 4. Legal pluralism and international challenges. -- 5. National experience and supranational law.
Download or read book The Corporate Contract in Changing Times written by Steven Davidoff Solomon and published by University of Chicago Press. This book was released on 2019-03-08 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past few decades, significant changes have occurred across capital markets. Shareholder activists have become more prominent, institutional investors have begun to wield more power, and intermediaries like investment advisory firms have greatly increased their influence. These changes to the economic environment in which corporations operate have outpaced changes in basic corporate law and left corporations uncertain of how to respond to the new dynamics and adhere to their fiduciary duties to stockholders. With The Corporate Contract in Changing Times, Steven Davidoff Solomon and Randall Stuart Thomas bring together leading corporate law scholars, judges, and lawyers from top corporate law firms to explore what needs to change and what has prevented reform thus far. Among the topics addressed are how the law could be adapted to the reality that activist hedge funds pose a more serious threat to corporations than the hostile takeovers and how statutory laws, such as the rules governing appraisal rights, could be reviewed in the wake of appraisal arbitrage. Together, the contributors surface promising paths forward for future corporate law and public policy.
Download or read book Shareholders Agreements written by Rita Cheung and published by . This book was released on 2015 with total page 28 pages. Available in PDF, EPUB and Kindle. Book excerpt: This article examines shareholders' contractual freedom in company law by providing a considered analysis of the validity of shareholders' agreements in private companies. It explores a line of Hong Kong cases where the principles recognised by the House of Lords in Russell v Northern Bank Development Corp [1992] 1 W.L.R. 588 have been applied and considered, and contrasts with the position in England with the aim of revealing a general difference of approach which may be instructive. Russell is a classic case of private agreements trump legal rules. The Russell jurisprudence has obvious appeal in so far as it gives proper recognition to the principle of freedom of contract. But the English courts have been far from unanimous in accepting the principles recognised in Russell. Recent authorities, however, show a discernible trend of increasing liberality to shareholder private contracting. By contrast, the Hong Kong judiciary displays a measure of hostility towards shareholder contracting around corporate norms. It is argued that the Hong Kong courts had thwarted the intention behind Russell by applying it restrictively: the invalidation of shareholders' agreements was based entirely on public policy of an uncertain scope with a total disregard of the fundamental principle of freedom of contract. As such, it is suggested that the public policy justification underpinning the Hong Kong authorities as developed under the Russell jurisprudence needs to be vigorously re-examined by the courts, and that a narrow interpretation of Russell should be rejected. It is argued that in small private companies, which are in essence quasi-partnerships, shareholders should be afforded greater freedom to enter into agreements that would be permissible in the partnership context. The law should more clearly recognise that shareholders' agreements are enforceable so long as they do not affect third parties or the general public. In the absence of any decisive policy objections to shareholder contracting of this nature, this is eminently a context in which the principle of freedom of contract shall prevail.
Download or read book Freedom of Contract and the Corporation written by Lucian A. Bebchuk and published by . This book was released on 1988 with total page 64 pages. Available in PDF, EPUB and Kindle. Book excerpt:
