The law on nonprofit directors' obligations is sparse. Nevertheless, in recent years nonprofit directors have faced increased scrutiny. This article explores this increased scrutiny and sheds light on the development of North Carolina nonprofit law as it pertains to directors' duties. North...

In Part I, this Article describes some of the different approaches to the lack of representation of women and minorities on corporate boards. Part II explores two aspects of proxy statement regulation -- shareholder proposals related to corporate diversity and the recent amendments to the proxy...

Social networks have been used as a medium for financing films and other performing arts, as well as for charitable solicitations. These and similar fundraising endeavors are known as crowdfunding. Social networks have the potential for using crowdfunding to reach large numbers of people. Since...

The recent credit crisis has highlighted the lack of regulation for credit default swaps that has both magnified and contributed to market failure that began in the latter half of 2008. Securities regulation covers most types of investment contracts, but currently does not include non-securities...

Over the years, a wide variety of nontraditional investments from orange groves to earthworms and scotch whiskey have been held to be securities. The securities laws' definition is expansive because of its inclusion of “investment contract” in the statutory definition and the courts'...

Although bearing striking similarities to each other in many respects, securities investments, non-securities derivative investments, insurance and gambling are subject not only to different regulatory regimes but also to vastly different levels of government interference. Traditionally,...

Amici are law and business professors who focus their teaching and scholarship on federal securities law, the financial markets and accounting. They submit this brief to clarify the contours of the modern securities market for the Court’s benefit, and explain how modern computing power and...

It has often been suggested that diversity on corporate boards of directors will lead to new perspectives and hence better decision-making by the board. It would seem to follow that improved decision-making will lead to better corporate performance and thus presents a “business case” for...