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Law, in particular the law of business organizations, is a byproduct of normative solutions, or a sort of extended phenotype. Facing the emergence of new forms of business organizations, legislatures in European countries such as Portugal, Spain, Italy, France, the United Kingdom and also in the...
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This Article draws upon the question: How do restrictions on transfers of shares of limited liability companies (LLCs) affect the “physiology” and “morphology” of property rights in those shares? The purpose of this Article is to scrutinize the effects such restrictions have on the...
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This paper focuses on the challenges and opportunities of female leadership in a time of sudden shock. The authors look at three examples across three different political, economic, and cultural jurisdictions. The first example is diversity and inclusion in the board of directors of corporations...
Persistent link: https://www.econbiz.de/10013231322
In this article, I develop the concept of "ownership piercing." I use the expression to suggest that courts engage in a process of evaluative reasoning to clarify who owns property rights and controls the limited liability company. I show under what circumstances courts should pierce ownership....
Persistent link: https://www.econbiz.de/10013236040
This essay is an exercise that fitted into a broader research work the author conducted for her own PhD dissertation. At that time, doctoral researchers at the European University Institute were challenged to think thoroughly about methodology in law. I accepted that challenge. As a consequence,...
Persistent link: https://www.econbiz.de/10014137360
In this chapter, the Author aims to help define the field of comparative legal history, clarify objectives, and demonstrate how they can be more usefully drawn. This chapter is inspired by the Author’s experience serving multiple advisory roles in the United Nations between 2015 and 2023. The...
Persistent link: https://www.econbiz.de/10014259816