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22 Nov 2019, 2:05 pm
I hope the following links, excerpts, comments, and reflections (in no particular order) will prove of interest for one reason or another to our readers. [read post]
22 Nov 2019, 5:51 am
Securities and Exchange Commission, on Wednesday, November 20, 2019 Tags: Agency costs, Disclosure, Institutional Investors, Political spending, SEC, SEC rulemaking, Securities regulation, Shareholder voting, Transparency Supreme Court Review of SEC’s Authority to Seek Disgorgement Posted by Greg Andres, Robert Cohen and Paul Nathanson, Davis Polk & Wardwell LLP, on Thursday, November 21, 2019 Tags: Disgorgement, Rule… [read post]
18 Nov 2019, 12:12 pm by Ben Berwick, Justin Florence
By citing Charles’s case, Morris was trying to make the general point that guarding against a foreign power corrupting the president was an important matter to address—and the Founders agreed. [read post]
1 Nov 2019, 2:35 am by Andrew Lavoott Bluestone
Ehrenberg, 124 AD3d 159 (2d Dept, 2014) “Order, Supreme Court, New York County (David B. [read post]
31 Oct 2019, 5:59 am by Jonathan Shaub
But each largely makes four basic points: (a) The concept of executive privilege is hotly disputed; (b) there are very few relevant court cases and none that provide definitive answers; (c) there are a number of historical incidents, from the administration of George Washington to that of Barack Obama, that are of debatable—and contested—significance; and (d) the legal resolution of these highly disputed questions is likely of little practical significance. [read post]
30 Oct 2019, 5:00 am by Hilary Hurd
It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary: (a) For respect of the rights or reputations of others; (b) For the protection of national security or of public order (ordre public), or of public health or morals. [read post]
25 Oct 2019, 10:00 am by Eugene Volokh
Briefly put, the statute repeats parts of the common law definition of defamation, see Restatement (Second) of Torts § 559, comment b, which the Alaska Supreme Court in Gottschalk v. [read post]
18 Oct 2019, 6:14 am
Berg, Skadden, Arps, Slate, Meagher & Flom LLP, on Friday, October 11, 2019 Tags: Institutional Investors, International governance, Merger litigation, Mergers & acquisitions, Private equity, Shareholder activism CEO Pay Growth and Total Shareholder Return Posted by Joseph Bachelder, McCarter & English LLP, on Saturday, October 12, 2019 Tags: Executive Compensation, Executive performance, Management, Peer… [read post]
16 Oct 2019, 12:31 pm by Daniel Shaviro
And suppose that aversion to high taxes or cash grants means that 3a and b simply won’t happen. [read post]
4 Oct 2019, 4:38 pm by Unknown
Nor do I mean the capacity—or inclination—of courts to produce social change against the tide of dominant political forces, which I shall call judicial independence.Extensions, Applications, and Friendly AmendmentsIn illuminating and complementary posts, David Marcus and Aaron-Andrew Bruhl draw attention to judicial capacity issues in the lower federal courts that I do not discuss at any length in my book. [read post]