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Customizing Employment Arbitration
(Iowa Law Review, 2012)
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...
Selectica Resets the Trigger on the Poison Pill: Where Should the Delaware Courts Go Next?
(Indiana Law Journal, 2012)
Since their invention in 1982, shareholder rights plans have been the subject of intense controversy. Rights plans, or as they are known more pejoratively “poison pills,” enable a target board to “poison” a takeover attempt ...
Dodd-Frank's Say on Pay: Will It Lead to a Greater Role for Shareholders in Corporate Governance?
(Cornell Law Review, 2012)
"Say on pay" gives shareholders an advisory vote on a company's pay practices for its top executives. Beginning in 2011, Dodd-Frank mandated such votes at public companies. The first year of "say on pay" under the new ...
Customizing Employment Arbitration
(Iowa Law Review, 2012)
According to the dispute resolution literature, one advantage of arbitration over litigation is that arbitration enables the parties to customize their dispute resolution procedures. For example, parties can choose the ...
A Theory of Representative Shareholder Suits and its Application to Multijurisdictional Litigation
(Northwestern University Law Review, 2012)
We develop a theory to explain the uses and abuses of representative shareholder litigation based on its two most important underlying characteristics: the multiple sources of the legal rights being redressed (creating ...