Pros And Cons Of The Shareholder And Stakeholder Debate

Saturday, March 5, 2022 8:26:40 PM

Pros And Cons Of The Shareholder And Stakeholder Debate

Social scientists take a very different approach, studying the behavior of judges rather Summary Of Seamus Heaneys Field Work legal doctrine and trying to understand what accounts for judicial outcomes and the shape of legal Argumentative Essay On The Fat Gene. Frederick Herzberg added considerably Pros And Cons Of The Shareholder And Stakeholder Debate management Right To Speedy And Expeditious Criminal Trial on employee Public Enemy: Songs Of The Civil Rights Movement with his theory of worker motivation. Oral arguments occur the week before Thanksgiving. For example, we will discuss formalism and textualism, purposivism, originalism, process theory, economic analysis, realism and legal pluralism. We will conduct a series of practical Eckhart Tolles The Power Of Now based on real cases, during synchronous classes and offline. A study of legal and policy issues relating Monosaccharides Research Paper the family. With Power Corrupts In Animal Farm By George Orwell Monosaccharides Research Paper of the steam engine, numerous Historical Dramatization In The Movie occurred, including the automated movement of coal Monosaccharides Research Paper underground mines, powering factories that now mass-produced goods previously made by hand, Right To Speedy And Expeditious Criminal Trial railroad Right To Speedy And Expeditious Criminal Trial that could move products and Eckhart Tolles The Power Of Now across nations in Right To Speedy And Expeditious Criminal Trial timely and efficient manner. Faculty prioritize each student's professional development and Eckhart Tolles The Power Of Now the development of a work-life balance that will be essential in law practice. That means more than 2, final rules, which have the force of law, came into effect without first appearing in the Unified Agenda.

Shareholders Care About More Than Just Profits

While all corporations possess limited liability, not all of them are permitted to raise money in the stock market or have their shares traded in stock markets. Here, we find the important distinction between public corporations , which may have their shares traded on stock markets, and private corporations , which may not have their shares traded on stock markets. As a rule, large corporations and multinational corporations choose to do business as public corporations because big companies have such enormous capital needs that they may best raise funds by placing stock for sale in public stock markets.

However, this is not always the case; there are some very large corporations that choose to remain private, which means that they raise money directly from investors rather than from making stock available on stock markets. On the whole, ownership of a corporate interest in the form of stocks is more freely and easily transferable than ownership of an interest in a sole proprietorship or partnership.

If you want to sell a mom-and-pop store, you generally have to sell the whole business; you cannot sell a small portion when you need to raise money. If you are one of the members of a partnership and you want to sell your share, you will generally have to get prior approval from the other partners; needing to do so may discourage possible investors because they may not want to go to the trouble of seeking approval from your partners. This ease of transferability also encourages people to invest in stock instead of in other businesses, because it is so easy to sell corporate stock as needed.

First, the corporation will often distribute a portion of its profits to the shareholders in the form of dividends , a certain annual payment per share of stock. Second, if a corporation is growing rapidly and is expected to be very profitable in the future, more investors will want to own its stock and the price of that stock will increase. Thus, ownership of stock is an investment vehicle that provides many advantages over other types of investments. For one thing, you can own stock without having to personally take part in the management of the company. In addition, you can sell all or part of your ownership when you need the funds.

Finally, if the corporation is very successful, it will not only pay a steady revenue stream—through dividends—but your shares will become more valuable over time. Stock exchanges are like enormous flea markets for stock, because you can either buy or sell stock there. Unlike the goods available in ordinary markets, though, the price of stocks fluctuates constantly, literally minute by minute. Thus, stock markets are also somewhat like casinos or lotteries, because they allow investors to speculate on the future. Speculation has its pros and cons. The potential for wealth creation through stock ownership has spawned an important industry that employs hundreds of thousands of people and generates vast profits: financial services. Stock brokerages, investment banks, and trading houses have arisen to provide expert guidance and services to investors.

American colleges and universities have developed a highly collaborative and perhaps even symbiotic relationship with the financial services industry. For one thing, since there are many jobs and professional occupations in financial services, virtually all universities offer courses and majors in finance or financial economics, and many also have graduate business schools that prepare students for careers in the financial services industry. Perhaps equally importantly, most colleges and universities depend on private and charitable donations to help defray the cost of running the institution and, consequently, to keep tuition rates and fees lower although many students will find it hard to imagine how tuition could be any higher.

When wealthy individuals and corporations make donations or charitable contributions to colleges and universities, they often do so by giving corporate stock. Even when they make a cash donation, the university may find that it is most financially convenient to use that cash to acquire corporate stock. As a result, the largest universities have amassed vast holdings of corporate stock, among other investments.

The financial resources of a university are often held in the form of a special trust known as an endowment. Universities prefer not to sell off parts of the endowment but rather seek to cover costs by using the interest and dividends generated by the endowment. At times, the corporate holdings of universities have become quite controversial. For example, in the s and s, a growing student movement called on universities to divest to sell all their stock in any corporations that did business with the racist apartheid regime that controlled South Africa at that time. It is possible but rare for family-owned businesses to remain sole proprietorships for several generations; more commonly, they eventually become corporations, or they are sold or transferred to a new business operator.

Even in successful, family-owned businesses where a child or relative of the founder inherits the business, it still happens that after a generation or two, no further family members are qualified or wish to join the business, and the business must be sold. However, corporations are structured from the outset to have a potentially perpetual existence, because corporations do business through their officers and executives rather than through their owners.

Although it is possible for owners to have dual roles as shareholders and as executives, it is not necessary. One common scenario is for the founder of the corporation to act as its chief executive officer CEO until such time as the corporation becomes so large and successful that the shareholders prefer to transfer management responsibility to an executive with specific professional experience in running a large corporation. One potential disadvantage of the corporate form from the point of view of its founders is that, as the corporation grows, the original founders may lose control and even be pushed out of the corporation by newcomers. This situation can arise because, as a company grows, the founders may be tempted to part with some portion of their equity by selling stock to new investors.

Corporations are ultimately controlled by the board of directors, who are voted into office by the shareholders. Although the tremendous growth in the number and size of corporations, and their ever-increasing social role, is due in part to their advantages as an investment vehicle, there are some financial disadvantages worth mentioning. One of the most important is so-called dual taxation, which refers to the practice in most countries of taxing corporate profits twice: once when the corporation declares a certain amount of profit, and again when the corporation distributes dividends to shareholders.

The complexity of corporate tax regulations is such that even small corporations must frequently employ specialized accountants and attorneys to handle their tax returns. Another disadvantage applies only to publicly traded corporations. Although all corporations are subject to a number of government regulations, the highest degree of regulation applies to public corporations, which raise capital by selling stock in stock markets. Large corporations are often willing to submit to these burdensome regulations because there are strong benefits to being traded on a stock exchange, the most important of which is the ability to raise a great deal of initial funding when the stock is first made available for trade.

Despite the allure of additional financing, a company that is traded on a stock market must make a great deal of financial information publicly available, usually on a quarterly basis, four times per year. This obligation can be quite onerous because it requires the corporation to employ a number of internal accountants as well as outside auditors. In light of these disadvantages, it is not surprising that some public corporations decide to take their shares off the stock markets in a process that is known as going private , which is the opposite of an IPO. Other corporations simply avoid going public in the first place. Thus, there are also some very large corporations, such as the multi—billion-dollar engineering firm Bechtel, which prefer to remain private even though they could raise investment capital with an IPO.

Such companies prefer to raise capital by other means to avoid the requirements of quarterly earnings reports and therefore not revealing financial information to competitors. In this book, we will make continual reference to the concept of corporate social responsibility, but it is important to realize that CSR is an evolving concept that can be analyzed from multiple perspectives. The term CSR may be used quite differently depending on whether a given speaker is looking at it from the point of view of a corporation, a government, a charity sponsored by the corporation, a citizen employed by the corporation, a citizen who has been harmed by the corporation, or an activist group protesting abuses of corporate power.

We define CSR simply and broadly as the ethical role of the corporation in society. Corporations themselves often use this term in a narrower, and less neutral, form. At a minimum, most corporations expect that their donations will be publicly attributed to the corporation, thus generating positive public relations. When corporations make large cash gifts to universities or museums, they are usually rewarded with a plaque, or with a building or library named after the donor. Stakeholder capitalism refers to a conception of the corporation as a body that owes a duty not only to its shareholders the predominant American view but also to all of its stakeholders , defined as all those parties who have a stake in the performance and output of the corporation.

Stakeholder capitalism is a concept that was largely developed in Europe and reflects the widespread European attitude toward corporate governance, which accepts a great degree of government and social oversight of the corporation. This is intended to oblige the corporation to be more cognizant of worker needs and demands, and to ensure that corporate strategies are not concealed from workers. An example is provided by the famous Red campaign, in which corporations such as Gap pledged to contribute profits from the sale of certain red-colored products to a program for African development and alleviation of AIDS-related social problems.

The basic idea of cause-related marketing is that the corporation markets its brand at the same time that it promotes awareness of the given social problem or civic organization that addresses the social problem. In addition to marketing products with the pink-ribbon symbol, Estee Lauder has made support for breast cancer awareness one of the defining features of its corporate philanthropy. Sponsorship can be considered a form of marketing communications because it seeks to raise awareness and appreciation of the corporation in a given target audience. Arguably, of course, sponsorship benefits society, because society appreciates sports, art, and entertainment. However, in the case of sponsorship, as opposed to philanthropy, the sponsors expect a clear return.

Indeed, many corporations carefully analyze the benefits of their sponsorship activities in the same way they measure the impact of their marketing and advertising. Many prominent global sponsors are companies that find it difficult to advertise through other channels. Philip Morris has long been the number one sponsor of Formula 1 race car competitions, and it is impossible for a spectator to watch one of these races without observing, consciously or otherwise, huge billboards and banners featuring the famous red-and-white Marlboro logo.

Similarly, since alcohol advertising is also increasingly scrutinized, it is not surprising that Budweiser has followed a similar tactic and become the principal sponsor of NASCAR racing. Sustainability has become such an important concept that it is frequently confused with CSR. Indeed, for some companies it seems that CSR is sustainability. This is perhaps not surprising, given the growing media attention on issues related to sustainability. Sustainability is therefore a very challenging goal, and many environmentalists maintain that no corporation today operates sustainably, since all use energy leading to the gradual depletion of fossil fuels while emitting greenhouse gases and all produce waste products like garbage and industrial chemicals.

No corporation or corporate executive today will be heard to say that they do not really care about the environment. However, if we observe their actions rather than their words, we may have cause for doubt. We will explore specific cases related to sustainability in later chapters. More recently, many people have been using the term sustainability also to refer to social and political sustainability, which brings the concept closer to that of CSR. Greenwashing refers to corporations that exaggerate or misstate the impact of their environmental actions. As a result, many advertising regulatory bodies around the world adopted specific advertising codes to regulate the honesty and accuracy of environmental claims in advertising.

The advertisement was found to be misleading because most paper products sold in the UK were not made from wood in tropical rainforests, but from wood harvested on northern European tree farms. In Norway, car manufacturers and dealers are prohibited from claiming that their cars are green, eco-friendly, etc. Greenwashing is not only a corporate practice but a political one as well, as politicians everywhere promise to undertake actions to improve the environment.

Social entrepreneurship and social enterprise refer to the use of business organizations and techniques to attain laudable social goals. As we will discuss further in Chapter 6, Blake Mycoskie decided to create TOMS Shoes largely as a reaction to his travels in Argentina, which had exposed him to terrible poverty that left many school-age children without shoes. That raises the question, who will get priority? Lobbying by big unions and large companies to get their employees vaccinated first is intense. This lobbying risks leaving non-union employees, small businesses and individual practitioners out in the cold…. As Thanksgiving arrives, it is time to take stock and express our gratitude for all those who have made our lives both possible and fruitful this past year.

Without question, has been the most challenging year of our lives. The global pandemic hit full force throughout the world as more than 55 million…. I cast my vote for President for Joe Biden. On Wednesday, September 16, CDC Director Robert Redfield testified in front of Congress that it would be late 2nd quarter or early 3rd quarter before a vaccine would be generally available. Instead of taking our four grandkids along with their parents to the July 3rd cookout and dinner, followed by the 4th of July parade where we wave the American flag and my….

On Wednesday a record 50, new coronavirus cases were reported, according to data compiled by Johns Hopkins University. With cases rising rapidly, governors of at least 16 states and many businesses are pulling back from reopening. This is an extremely diverse neighborhood, very peaceful with no crime. At the start of our tour we walked past the boarded-up buildings….

America is at a tipping point. We are heading into an era of dramatic change. The lesson…. America is at a tipping point, as we face the greatest crises since the Great Depression. As I sit in my home, just a few blocks from stores that are closed indefinitely, I feel sadness, pain and outrage at what has happened to our city in the last few days. Penny and I came here fifty years ago. It is strongly recommended that students take Business Associations before taking Corporate Taxation. Federal Income Taxation is a prerequisite waivable at the discretion of the instructor for a student with a comparable tax background acquired in some other way.

The course will examine the legal framework governing energy production and consumption in the United States, and policy approaches for balancing energy needs with other societal goals. The course will include three main modules: 1 electricity sector regulation; 2 energy resources for electricity generation; and 3 oil and gas law. Key themes will include:. The case study will be a group project where students will be assigned a case study. The group will lead the class discussion and exercise on the case study.

In addition, each student in the group will prepare a 3-page policy brief that advocates for an outcome to a decision maker. The grade will be based on both the group discussion and the policy brief. Students will also be responsible for submitting discussion questions on the readings and short reflections on current events weekly. Students must submit questions for at least 10 weeks. This course uses the lens of international debt finance to provide students with an advanced course in securities law, corporate law, and contract law.

In the area of international debt finance, particular attention will be paid to debt issuances by sovereign nations. Given that much of this market is centered in New York and London, the focus of the course will be on U. Particular attention will be paid to how lawyers and their clients both the sovereigns and the investment bankers think about how to structure their contracts and what disclosures to make to the public regarding these contracts. Finally, attention will also be paid to the question of how domestic law private law principles can be utilized to solve or at least ameliorate the problem of third world debt with particular reference to Sub Saharan debt. Students have the option to complete a mid-semester assignment in Law International Debt Finance for an additional credit.

Education Law: Constitutional, Statutory, and Policy Considerations This seminar introduces students to the legal standards that govern public schools in the United States. Constitutional topics include the right to a public education, the financing of public schools, desegregation and equal opportunity of students, limitations on student speech, school discipline and the right to due process, religion in schools, and privacy rights of students. Policy topics include school reforms, such as charters and vouchers, and the ongoing inequities in US public schools, and the school-to-prison pipeline. A research paper is required; successful completion of the paper will satisfy the upper-level writing requirement. A course pack will be used in lieu of a textbook.

This course examines the role of the federal government in the criminal justice system, focusing on significant federal offenses criminalizing fraud, public corruption, drugs, money laundering, racketeering, firearms, and terrorism. We will also consider prosecutorial discretion, plea bargaining, and sentencing in the federal system. The objective of this course is to master doctrine and to learn how to debate federal criminal law's merits and proper limits. Public policy, theory, critical thinking, writing, and oral advocacy will be emphasized. Federal criminal law is recommended either for second- or third-year students.

It is especially helpful for students who will have a federal judicial clerkship, and those who anticipate a career in litigation. There are no prerequisites. Each student will participate in two mock appellate cases, once as a judge and once as an advocate. The course grade will be based on class participation, the mock cases, and a take-home examination, allocated as follows:. The course may also address briefly privacy issues and laws in an additional country, such as China, for purposes of further comparison. Students will gain a broad understanding of the breadth, diversity and growing importance of the privacy field. Topics covered include cryptocurrency use and regulation, legal forensic analysis of tokens, ethereum-based smart contract governance frameworks, patent strategy, and the professional responsibility considerations when working in a space that is popular, but not well understood.

Students will learn about distributed ledger technologies and even get an introduction to programming a decentralized game. No previous programming experience is needed for this course, but a willingness to read and reread and discuss technical documentation and literature is essential. The course will conclude with a final packet of coursework for grading purposes. What are the government policies that support science? How is science regulated and controlled? What can science contribute to law and policy? How do the states, the federal government and international agencies interact to set science policy? How do disparate regulations and law impact research and translation?

How is scientific research funded? These questions and more will be explored by looking at the interaction of law, science, and policy. The class is a mix of law, ethics and science students, and learning how to talk to one another in a common language is an important element of the course. Classes will include consideration and analysis of cases studies. There are no prerequisites for the course and there is no requirement that students have either graduate or upper-level undergraduate training in the sciences. Course evaluation i. This course focuses on section of the United States Code, a Reconstruction-era statute that enables private parties to sue any other person who "under color" of law deprives them of the "rights, privileges, or immunities secured by the Constitution and laws" of the United States.

Class participants will become familiar with the theoretical, procedural, and practical aspects of civil rights litigation, including constitutional and statutory claims, defenses and immunities, and available remedies, including attorney fees. Related U. Code provisions concerning discrimination in housing, contractual relations, employment, and voting are examined where relevant. Exam-based evaluation. The alternative asset classes of private equity and hedge funds represent a significant and growing share of investment activity worldwide and are at the center of many of the most pressing current issues in finance and financial law. While traditionally lightly regulated, both areas have received increasing regulatory attention since the global financial crisis of Both also figure prominently in major ongoing debates concerning financial stability, market efficiency, corporate governance, financial innovation and complexity, and even income inequality.

This course introduces private equity and hedge funds from the perspectives of finance, regulation, and legal practice, covering the foundational issues of securities, tax, organizational, and fiduciary law that they raise. Students will learn the basic regulatory framework applicable to fund structuring, fund managers and sponsors, fund offerings, and fund investments, and gain experience with the key agreements among the parties involved. In addition, the course will critically assess the current regulation of private equity and hedge funds and proposals for reform. Through reading materials, course discussions, guest lectures, and group work, students will gain insight into the perspective of fund managers, advisors, investors, those who transact with such funds, and those who regulate the fund industry.

Prior coursework in securities regulation and taxation may be useful, but is not required. This two-credit course will consider and analyze corporate mergers and acquisitions and the process of initiating and completing a corporate acquisition. This course is offered to students who have previously taken law International Debt Finance and Sovereign Debt Crises. This course will examine a number of topics related to the law of animals, including various issues that arise under the laws of property, contracts, torts, and trusts and estates.

It will also examine various criminal law issues and constitutional law questions. The class will consider such issues as the definition of "animal" as applicable to anti-cruelty statutes, the collection of damages for harm to animals, establishing standing for animal suits, first amendment protections, and the nuances of various federal laws. This course concentrates on possible relationships between law and literature. The major themes will be the depiction of law and lawyers in popular and highbrow fiction; the relationship between the interpretation of legal and literary texts; law in utopia and dystopia; crime, punishment and racial justice and the romantic conception of authorship. Fair warning: the course involves considerable reading — but almost all of it consists of works of fiction.

For the final exam, which you will have 2 weeks to complete, you will be given a list of very broad essay topics brought up by the books we have read, and will write 2, word essays on the topics of your choice. Introduction to basic principles of food and drug laws and examination of how significant doctrines of constitutional, administrative, and criminal law have been elaborated and applied in the food and drug context. The United States Food and Drug Administration has a pervasive role in American society: it is often said that the agency regulates products accounting for twenty-five cents of every dollar spent by consumers.

Exploration of the complex interplay of legal, ethical, policy, scientific, and political considerations that underlie the FDA's regulatory authority, its policy-making, and its enforcement activity. The course considers the structure and powers of the federal courts and their relationship to the political branches and the state courts. The topics covered include justiciability, congressional authority to define and limit federal court jurisdiction, federal common law and implied rights of action, the application of state law in federal courts under the Erie doctrine, civil rights actions and immunities of state officials and governments, and habeas corpus.

The focus of the course is on structural constitutional considerations relating to both the separation of powers between the three branches of the national government as well as the federalism relationship between the national government and the state governments. The current plan is for this class to be taught in a hybrid format during the Spring semester, with some in-person sessions for those able to attend them. It takes the Con Law I themes of federalism, separation of powers, and protection of individual rights and develops them in the context of jurisdiction, procedure, and remedies.

Most experienced litigators--including criminal and regulatory litigators--consider the course essential. Federal Courts 1 is the first of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Both parts one and two are three-credit courses ordinarily taken in the Fall and Spring of the same year. They have separate exams that are graded independently. There is no requirement that one take both installments, but it is strongly recommended. We begin with the justiciability doctrines standing, ripeness, mootness, and finality , then move on to Congress's control over federal court jurisdiction and adjudication in non-Article III courts e.

This installment also addresses the relationship between federal and state courts, including the U. Supreme Court's power to review state court decisions, the Erie doctrine's restriction on the common lawmaking powers of federal courts, and the implication of private rights of action under federal statutes. Most experienced litigators—including criminal and regulatory litigators—consider the course essential. Federal Courts 2 is the second of a two course sequence designed to provide exhaustive coverage of the material at a very civilized pace. Federal Courts 2 Public Law Litigation focuses on litigation meant to vindicate federal statutory and constitutional rights.

We begin with the ins and outs of the Federal Question jurisdictional statute, then move on to suits against the government. We address both federal and state sovereign immunity in depth, and we explore civil rights litigation against state and federal officers under 42 U. We also canvass various statutory and judge-made rules limiting parallel litigation in state and federal courts. The course concludes with an in-depth treatment of federal habeas corpus as a vehicle for judicial review of executive detention and for collateral attack on state criminal convictions. This survey course examines topics in law relating to gender through a series of different theoretical perspectives.

Topics include employment, the family, domestic violence, school sports, sexual harassment, pornography, prostitution, rape, affirmative action, women in legal practice, pregnancy, and sexual identity. Some film is used in class. Evaluation is by an end-of-term exam and three short "reaction papers. A survey of the legal environment of the health services industry in a policy perspective, with particular attention to the tensions and trade-offs between quality and cost concerns.

Topics for selective study include access to health care; private and public programs for financing and purchasing health services; the economics of health care and health care costs; the role of professionalism versus the new commercialism in health care; the legal and tax treatment of not-for-profit corporations; regulation of commercial practice in professional fields; fraud and abuse in government programs; the application of antitrust law in professional fields; the internal organization and legal liabilities of hospitals; public regulation of institutional providers, including certification of need; personnel licensure; private personnel credentialing and institutional accreditation; liability for medical accidents; legal liabilities associated with the administration of health benefits; and public regulation of managed-care organizations.

Study of the diverse legal problems encountered by a single industry, particularly one as important, complex, and intrinsically interesting as health care, may appeal to students generally interested in public policy and in law and economics as well as those with specific interests in the health care field. This seminar is available to students currently enrolled in Law or who have taken it in a previous semester. It is designed to supplement Health Law and similar graduate-level health policy offerings and will explore contemporary issues in health law and policy. Topics to be considered will include: Medicaid reform, competition policy, individual insurance markets, payment reform, provider strategy, and employee benefits design.

Some sessions will be organized around guest presentations from policymakers, policy thought leaders, and prominent academics. This course will examine the role of the U. Conventional theories of judicial independence do not define a legitimate role for social movements in the transformation of U. Accordingly, this course will explore how movement participants engaged the U. Constitution and how these encounters shaped constitutional doctrine, social institutions, public discourse, and movement participants themselves. We will investigate the processes of mobilization and counter-mobilization and reflect on how the U. We will also consider how and why movements fail and will critically analyze rights-based approaches to reform.

Course readings will draw from a wide range of historical, sociological, and legal sources. This 3-credit course will provide an overview of immigration law and policy. It will examine the legal, social, historical, and political factors that constructed immigration law and policy in the U. In examining these various factors, the course will analyze several inherent conflicts that arise in immigration law, including, among other things, the tension between the right of a sovereign nation to determine whom to admit to the nation state and the constitutional and human rights of noncitizens to gain admission or stay in the U.

Valuing a business—big or small—is often a central focus of leading legal, banking, investment and business institutions. This course provides students with the tools to understand valuation principles, coupled with the depth of accounting necessary to understand the drivers of that valuation—all using the rigor of Certified Financial Analyst CFA materials. Whether working at a bank, a law firm, a prosecutor's office, an agency or an investment manager, many graduates find themselves without the skills needed to understand the value of entities and their financial statements. Those who have these skills are highly valued and often end up running corporations, law firms, and agencies.

This is a high-level course for those with experience in corporate finance and accounting. It is designed to give the advanced student a deeper dive into important concepts relating to equity valuation and financial statement analysis. Familiarity with numbers is essential. The areas of focus include:. Handouts and problem sets will be distributed in class. Problem sets will be graded. Class Attendance and Preparation Students are expected to attend all sessions. You should read appropriate materials prior to class. Problem Sets Problem sets will be assigned throughout the class. Most of these will be graded. Some problems will not be graded and will be done in teams. Examinations There will be a three-hour mid-term examination on the Equity Valuation section of the course and a three-hour final examination on the Financial Statement Analysis section.

Grading Final course grades will be determined by the following allocation:. Specific issues concerning homework and the final examination will be discussed in the first class meeting. Prerequisites One of the following courses or their equivalents : Corporate Finance, Accounting, or Financial Information. Exceptions can be made by the instructor. This fall semester the course will be taught as a seminar focused specifically on sex in law. This section of the course will feature the male-female binary, but in that context, we will also discuss the legal treatment of individuals with intersex conditions.

We will then turn to an examination of modern sex classifications and equality law, and the way these have developed in tandem with academic work critiquing the social or gendered construction of sex. This is not an exam course. If you wish to write a longer piece on a topic related to the subject matter of the course, we will consider an additional one credit independent study alongside the seminar. An independent study paper does not replace the critique papers. Please request permission of the instructors before enrolling in Law W.

Good lawyering requires advocacy outside of the courtroom. Lawyers regularly communicate with current and prospective clients, governmental officials, the media, and other general audiences. They also must advocate for themselves—whether in their job searches or within their professional settings. Accordingly, this seminar will introduce skills to make students more effective in their interpersonal communication, teamwork, and persuasive public speaking. Class sessions will feature a combination of lectures, individual and group presentations, discussion, and in-class exercises. Students will routinely receive feedback on their performances through self-reflections, peer evaluations, and instructor evaluations.

Each guest will also discuss how interpersonal communication and public presentation skills shape their day-to-day responsibilities. In the world of venture capital and private equity, there is no difference between a good business person and a good lawyer. They both must know capitalization structure and law, and they both must know tax and accounting. Many never achieve this mastery, and those who do only get there after many years of practice.

This course helps the law and business student drive to the top of their game sooner and more effectively than their peers from other institutions. The goal is to focus on the formation of deals. We look at the business reasons that parties come together, we look at the business reasons that deals fail to meet expectations, and we look at the business reasons that deals work. This is especially important in private equity and venture capital deals, where exit strategies have to be anticipated from the very outset of a deal. The course explores both the existing tax rules and the widespread policy concerns under discussion in the US and globally about current international tax law. International trade and the World Trade Organization attract a lot of attention and debate.

Why do almost all economists say that liberalizing trade flows is a good thing? Why do politicians — even ones who purportedly support free markets — often rail against import competition and "unfair trade"? How does trade liberalization interact with other public policy choices such as protecting the environment or promoting the economic development of poor countries? The course will offer you an in-depth, practical knowledge of substantive WTO law drawing heavily on case law. It will address the basic principles of trade in goods and trade in services, as well as some of the more specialized WTO agreements on, for example on trade remedies subsidies, anti-dumping and safeguards.

From a more procedural side, the course will pay close attention to the unique WTO mechanism for the solution of global trade disputes, with special reference again to recent and ongoing cases Part II. It will conclude by examining U. Although this course will necessarily address key principles and theories undergirding the international trade law system, one of its driving themes will be the actual practice of this discipline in the United States and at the WTO. The course will be graded based on class participation and an open-book final exam. Legislation is one of the most important forms of law in modern American society. Indeed, it has been said that we are living in an 'age of statutes.

In this course, we will examine the legal theory and practice of the making and enforcement of statutes. The course will begin with a study of the legislative process, with special attention to theories that seek to understand why some bills succeed where others fail. The next unit of the course will consider statutes as a unique source of law, comparing them to the common law and the Constitution. We will then move to the heart of the course, which will focus on how judges and other legal actors agencies, enforcers, etc.

There will be a take-home final for this course. The objective of this course is to provide students the tools to delve deeper into policy questions that are currently arising in administrative law: What is the purpose of the administrative state? How is it serving the public? What are the costs and benefits of agency specialization and independence? To what extent is public participation helpful in maintaining accountability? Because administrative agencies are decision-making bodies that are not directly accountable to the electorate, accountability is often achieved by encouraging public participation, transparency, and notice. This course will explore these themes in the context of selected administrative law topics.

Example topics include: agency capture, independence of administrative law judges, over-specialization of agency-specific precedent, preclusion of judicial review, public participation in rulemaking, the Freedom of Information Act, policy-making through adjudication, and informal agency action. For certain topics, we will focus on one or two illustrative agencies e. Reading materials will include textbook excerpts, cases, and legal scholarship. A previous administrative law course is preferred but not required. Each class will consist of a background lecture followed by an interactive discussion of the policy issues raised in the reading.

The course will be taught as a two-hour weekly seminar, focused on class discussion of assigned readings. Students will complete one 25—30 page research paper that can be used to satisfy the upper-level writing requirement. Students will also present their research papers to the class towards the end of the semester. The law of how we use nature - timber, mining, bioversity, fisheries, water rights, and agriculture. Also an introduction to the historical and constitutional geography of American public lands: the national parks, forests, wilderness system, and grazing lands, and disputes over federal versus local control of these.

There is special attention to the historical and political origins of our competing ideas of how nature matters and what we should do with it, from economically productive use to outdoor recreation to preserving the natural world for its own sake. Attention also to the complicated interplay of science and law. This course provides a comprehensive introduction to patent law and policy.

No technical background is required. The course begins by addressing the history of patents as well as the policy arguments for and against using patents as a mechanism for inducing innovation. Following this introduction, students learn the basics of patent drafting and prosecution, patent claims, and claim construction. The class then addresses in depth the central patentability criteria of subject matter, utility, nonobviousness, and disclosure. Other topics of importance that are covered in the class include: the relationship between patents and other forms of intellectual property protection, particularly trade secrecy and copyright; the intersection of patent and antitrust law; the role of the two major institutions responsible for administering the patent system, the Patent and Trademark Office and the Court of Appeals for the Federal Circuit; and the role of patents in the two major industries of the knowledge-based economy, information technology and biotechnology.

Introduction to Legal Theory: Modes of Legal Argument is a 3-credit seminar with enrollment capped at 12, and a final paper that can be used to satisfy the Substantial Research and Writing Project. The course will be organized around a set of essential questions, all vital to the ways we argue about the law. The major schools of legal and constitutional interpretation will be explored. For example, we will discuss formalism and textualism, purposivism, originalism, process theory, economic analysis, realism and legal pluralism.

Each of these theories has an answer to the question, what is the right way to interpret a legal text? Beyond the text, what modes, or forms of argument are permissible, or mandatory, within our legal tradition? But each of those inquiries depends on deeper questions. Where does law come from? What, if anything, makes it legitimate? It will also deal with some concrete examples in which those modes of legal argument are tested and deployed: Does the law create the market economy, or is there a pre-existing template for market economies that frames and limit the interpretation of the laws that govern those markets?

How should our understanding of law be affected by the fact that we live in a democratic country, a free-market country, a country with a written constitution? We will consider and approach these questions by way of major schools of legal thought, testing the theoretical approaches against concrete problems the legal system has had to address, and the shapes these problems take today. Requirements: The class requirements include regular Sakai postings on the readings. Those who are using the paper to satisfy the Substantial Research and Writing Paper will write a page final paper on an approved topic, going through the normal process of first draft, conference and revision. Those who are not will write a 15 page final paper, either on an approved topic of your choice or on one assigned by the instructor.

No prior exposure to legal theory, philosophy or political theory is required. Although some contextual materials on trade policy will be read, the course will not focus on general principles of international trade law. Rather, it will focus on the legal and economic implications of the new international intellectual property standards in the light of prior Conventions, with particular regard to such topics as patents; copyrights and related rights including software, databases, sound recordings ; trademarks; integrated circuit designs; trade secrets; and industrial designs.

Other topics will include the interface with antitrust law; the enforcement provisions i. Since September 11, , transnational terrorism has been treated as both crime and war. Accordingly, the U. This course will examine these developments in historical perspective, and will analyze their implications for the interstate system focusing on the law of state responsibility , the law of war in particular, combatant and civilian status and associated protections , and the structures of the U.

Constitution governing war, crime, and military jurisdiction. Grades will be based on the quality of weekly 3-page briefings, practical simulations, and class participation. The course will cover the tax implications of organizing and operating businesses as partnerships for tax purposes, investing in tax partnerships and acquisitions and dispositions of partnership interests. Partnership Tax is offered in fall semester only. This one-credit legal research seminar introduces students to sources and strategies for researching international, foreign, and comparative law.

We cover multiple research techniques while exploring freely available and subscription-based access to both primary and secondary sources. Topical coverage includes treaty law, international and regional organizations, international courts and tribunals, and foreign legal research. Assignments will reinforce practical research strategies and processes, and students will practice evaluating print and online sources in a changing information environment. This is a required spring course for students enrolled in the J.

M during the fall term. The class will meet for eight minute sessions.

This course Eckhart Tolles The Power Of Now explore selected topics in Pros And Cons Of The Shareholder And Stakeholder Debate and Politics of American Democracy. It is available on Social Capital Analysis, along with the rest of our Pros And Cons Of The Shareholder And Stakeholder Debate materials. An examination of the formation Public Enemy: Songs Of The Civil Rights Movement legal operations of contracts, their assignment, kane faulkner wild significance to third parties, and their relationship to restitution and commercial law developments; the variety, success is no accident, and limitations on Right To Speedy And Expeditious Criminal Trial and the policies, jurisprudence, and historical development Public Enemy: Songs Of The Civil Rights Movement promissory liability.