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Corporate First Amendment Rights after Citizens United: An Analysis of the Popular Movement to End the Constitutional Personhood of Corporations 公民联合后的公司第一修正案权利:对终止公司宪法人格的民众运动的分析
University of Pennsylvania Journal of Business Law Pub Date : 2010-11-03 DOI: 10.2139/SSRN.1702520
S. K. Ripken
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引用次数: 20
Back Door Arbitration: Why Allowing Nonsignatories to Unfairly Utilize Arbitration Clauses May Violate the Seventh Amendment 后门仲裁:为什么允许非签署方不公平地利用仲裁条款可能违反第七修正案
University of Pennsylvania Journal of Business Law Pub Date : 2010-03-31 DOI: 10.2139/SSRN.2155790
Nima H. Mohebbi
{"title":"Back Door Arbitration: Why Allowing Nonsignatories to Unfairly Utilize Arbitration Clauses May Violate the Seventh Amendment","authors":"Nima H. Mohebbi","doi":"10.2139/SSRN.2155790","DOIUrl":"https://doi.org/10.2139/SSRN.2155790","url":null,"abstract":"A brief look into the propriety of equitable estoppel in the arbitration context, considering the contractual principles of waiver and mutual asset and the Seventh Amendment's right to trial by jury in civil cases.","PeriodicalId":219760,"journal":{"name":"University of Pennsylvania Journal of Business Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2010-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123930059","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 1
Equitable Clawback: An Essay on Restoration of Executive Compensation 公平的追回:一篇关于高管薪酬恢复的文章
University of Pennsylvania Journal of Business Law Pub Date : 2009-05-19 DOI: 10.2139/SSRN.1407129
Manning G. Warren
{"title":"Equitable Clawback: An Essay on Restoration of Executive Compensation","authors":"Manning G. Warren","doi":"10.2139/SSRN.1407129","DOIUrl":"https://doi.org/10.2139/SSRN.1407129","url":null,"abstract":"The remedy of restoration of compensation, known in the agency context as the faithless servant doctrine, provides for the corporate principal's recovery of compensation previously paid or payable to corporate officers and other agents who have breached their fiduciary obligations. Although a limited clawback provision was one of the reforms enacted as part of the Sarbanes-Oxley Act, courts have refused to imply a private remedy, and, even if they were to do so, it would be of limited utility. Given the many variations of the clawback concept, including the demands for clawback of AIG and Merrill Lynch bonuses and of pre-bankruptcy returns paid to Madoff investors, I have chosen to distinguish the equitable remedy of restoration of compensation as equitable clawback. My essay contends that the remedy's increased recognition and broader use would add primacy to individual versus entity liability, and, consequently, help reestablish the link between executive wealth and executive responsibility.","PeriodicalId":219760,"journal":{"name":"University of Pennsylvania Journal of Business Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-05-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131670349","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 3
Disability Civil Rights and a New Paradigm for the Twenty-First Century: The Expansion of Civil Rights Beyond Race, Gender and Age 残疾人公民权利与21世纪的新范式:超越种族、性别和年龄的公民权利扩展
University of Pennsylvania Journal of Business Law Pub Date : 2008-08-04 DOI: 10.2139/SSRN.1202503
P. Miller
{"title":"Disability Civil Rights and a New Paradigm for the Twenty-First Century: The Expansion of Civil Rights Beyond Race, Gender and Age","authors":"P. Miller","doi":"10.2139/SSRN.1202503","DOIUrl":"https://doi.org/10.2139/SSRN.1202503","url":null,"abstract":"The modern workplace is becoming diverse in ways that are no longer captured by exclusive categories of race, gender, and age. Class and economic differences, sexual orientation, multiple careers, and individuals with disabilities are all a part of a workforce that is changing the American employment landscape in non-traditional ways. For many people in the workforce, being treated \"equally\" does not always achieve a workplace free of discrimination, nor accomplish the broad goals of civil rights. The lack of homogeneity among people with disabilities requires an individual and contextual analysis under the Americans with Disabilities Act (ADA), as well as a flexible, interactive process between the employer and the employee to provide a reasonable accommodation. Miller argues that this disability rights paradigm - one that necessitates an individualized, case-by-case analysis of discrimination - better reflects the diversity and needs of the complex, modern workforce.","PeriodicalId":219760,"journal":{"name":"University of Pennsylvania Journal of Business Law","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-08-04","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124957018","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 4
Selected Current Bibliography 当前书目选择
University of Pennsylvania Journal of Business Law Pub Date : 1900-01-01 DOI: 10.1111/1540_6245.jaac4.2.0123
W. Kit
{"title":"Selected Current Bibliography","authors":"W. Kit","doi":"10.1111/1540_6245.jaac4.2.0123","DOIUrl":"https://doi.org/10.1111/1540_6245.jaac4.2.0123","url":null,"abstract":"","PeriodicalId":219760,"journal":{"name":"University of Pennsylvania Journal of Business Law","volume":"70 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125287705","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
引用次数: 0
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