In this paper, I argue that a proper understanding of the idea of deference is impossible unless an adequately structured approach to the doctrine of proportionality is adopted. I criticise judicial decisions which fail to adopt a structured approach to proportionality and demonstrate how...

CBC Distribution and Marketing, Inc. (CBC), operator of CDMsports.com (CDM), offering fantasy-sports products and services, brought this action against Major League Baseball Advanced Media, L.P. (MLBAM), to establish its right to use without license the names and, inherently crucial for...

The primary purpose for the doctrine of separate legal personality is to encourage entrepreneurship, by shifting the risks of business failure away from entrepreneurs to creditors and other risk bearers. Unfortunately this doctrine is subject to abuse by corporate controllers, which prompted the...

This article examines the proposed reform of the shareholders' oppression remedy in Malaysia in 2007 and argues that the problem with the remedy in Malaysia is in the application of the law, rather than the substance of the law

Most would agree that the Delaware courts are the leading jurists in the resolution of corporate conflicts, particularly in the Mergers & Acquisitions (M&A) context. Arguably a greater role that Delaware plays is that of a norm setter, both with respect to the expectations of management con-duct...

As hope of a quick end to the COVID-19 pandemic fades, both policymakers and analysts are shifting focus to restarting the economy. As of late April, more than 26 million Americans had filed for unemployment. Estimates of the cost of every month of partial shutdown are as high as $1.07 trillion...

This piece expands upon the argument made in Gregory H. Shill, Congressional Securities Trading, 96 Indiana Law Journal __ (forthcoming). Using trades executed by two Senators during the COVID-19 pandemic as a springboard, it proposes a taxonomy of congressional securities trading more...

Every country has experienced profound attack from the Coronavirus. Every state will now face deep economic damage, possibly for a prolonged period. The next stage of economic disruption produces some winners and many losers. It inherently carries risks of widespread unemployment, collapse of...

In March 2020, it was revealed that several U.S. Senators had cashed in their stocks after receiving intelligence on COVID-19, sparking both outrage and renewed interest in congressional insider trading. The pandemic trades exposed gaps not only in current law, but in scholarship and leading...