Category Archives: Business & Corporate Law

Richard A. Epstein, Dunwody Distinguished Lecture in Law: The Constitutional Paradox of the Durbin Amendment: How Monopolies are Offered Constitutional Protections Denied to Competitive Firms

63 Fla. L. Rev. 1307 (2011)| | | | The Durbin Amendment is the first of the major provisions of the Dodd-Frank Act to have been implemented-but only after it withstood a constitutional challenge on the basis of the Takings … Continue reading

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Kimon Korres, Bankrupting Bankruptcy: Circumventing Chapter 11 Protections Through Manipulation of the Business Justification Standard in § 363 Asset Sales, and a Refined Standard to Safeguard Against Abuse

63 Fla. L. Rev. 959 (2011)|  | | NOTE :: Of the twenty largest public company bankruptcy filings from 1980 to the present, seventeen have taken place since 2001, and ten of those seventeen were filed between March of 2007 and … Continue reading

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Henry N. Butler & Joshua D. Wright, Are State Consumer Protection Acts Really Little-FTC Acts?

63 Fla. L. Rev. 163 (2011) | | | | ABSTRACT :: State Consumer Protection Acts (CPAs) were designed to supplement the Federal Trade Commission’s (FTC) mission of protecting consumers and are often referred to as “Little-FTC Acts.” There is … Continue reading

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George D. Brown, Accountability, Liability and the War on Terror—Constitutional Tort Suits as Truth and Reconciliation Vehicles

63 Fla. L. Rev. 193 (2011)| | | | ABSTRACT :: This Article examines the role of civil suits in providing accountability for the Bush administration’s conduct of the “war on terror.” There have been calls for a “Truth and … Continue reading

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Melanie B. Leslie, The Wisdom of Crowds? Groupthink and Nonprofit Governance

62 Fla. L. Rev. 1179 (2010)| | | | ABSTRACT :: Scandals involving nonprofit boards and conflicts of interest continue to receive considerable public attention. Earlier this year, for example, musician Wyclef Jean’s Yele Haiti charity became the target of … Continue reading

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Andrew S. Brown, Breaking Up and Making Out (Rich): Recommendations for Revision of the Bankruptcy Code Provisions Governing Break-Up Fees Used by Stalking Horse Bidders in § 363 Bankruptcy Asset Sales

62 Fla. L. Rev. 1463 (2010) | | | | INTRODUCTION :: Since December 2007, the United States has suffered through a “Great Recession.” The stock market had plummeted more than 40% from its peak as investors pulled their money … Continue reading

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