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The Globalization (Americanization?) of Executive Pay
(Berkeley Business Law Journal, 2004)
In the United States, the remuneration packages of top executives are characterized by a strong emphasis on pay-for-performance and by a highly lucrative "upside." There is much discussion of the possibility that executive ...
Arbitration Clauses in CEO( Employment Contracts: An Empirical and Theoretical Analysis
(Vanderbilt Law Review, 2010)
A bill currently pending in Congress would render unenforceable mandatory arbitration clauses in all employment contracts. Some perceive these provisions as employer efforts to deprive employees of important legal rights. ...
Litigating Challenges to Executive Pay: An Exercise in Futility?
(Washington University Law Quarterly, 2001)
This paper is an empirical analysis of plaintiffs' success rates in executive compensation litigation. Using data from publicly available files, this study examines a sample of 124 cases where shareholders have challenged ...
Realigning Corporate Governance: Shareholder Activism by Labor Unions
(Michigan Law Review, 1998)
This paper investigates the increased shareholder activism by labor unions and their pension funds, who are now the most aggressive institutional shareholders. Sometimes unions propose traditional corporate-governance ...
Megafirms
(North Carolina Law Review, 2001)
This paper documents and explains the amazing growth of the largest firms in law, accounting, and investment banking. Scholars to date have used various supply-side theories to explain the growth, and have generally examined ...
Judicial Review of Defensive Tactics in Proxy Contests: When is Using a Rights Plan Right?
(Vanderbilt Law Review, 1993)
Incumbent management has long enjoyed broad discretion in its
use of Rights Plans in proxy contests and joint offers. Legal scholars
have accepted the justifications for permitting incumbents such latitude
with little ...
A Theoretic Analysis of Corporate Auctioneers Liability Regimes
(Wisconsin Law Review, 1992)
In Schneider v. Lazard Freres & Co. a New York appellate court greatly expanded the liability of investment advisers working as corporate auctioneers. Under this new legal regime, auctioneer/advisers accused of simple ...
Auctioning Class Action and Derivative Lawsuits: A Critical Analysis
(Northwestern University Law Review, 1993)
Numerous legal academics and practitioners have criticized the handling by plaintiffs' attorneys of large-scale class action and derivative lawsuits. These critiques point out attorneys' abuse of the legal system, ranging ...
Using State Inspection Statutes for Discovery in Federal Securities Fraud Actions
(Boston University Law Review, 1997)
We propose that plaintiffs in securities fraud actions should use state inspections statutes to obtain discovery about potential securities fraud cases. First, we argue that the Private Securities Law Reform Act has ...
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 ...