Commercial Law

George W. Dent, Jr., Corporate Governance: The Swedish Solution

The optimal allocation of authority among executives, directors, and shareholders of public companies has been debated as long as there have been public companies, and the issue now seems further from resolution than ever. In recent years Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, […]

Andrew C.W. Lund, Compensation as Signaling

Why do scholars and activists pay such close attention to how executive compensation is structured? Appropriate pay structure has traditionally been seen as a mechanism for reducing agency costs imposed on public firms by managers. But as that view has lost explanatory power in recent years, the intense focus on executive pay structure has become […]

Courtney Gaughan, Some More Watters, Please: The Dodd-Frank Act's New Preemption Standards Lighten Consumers' Wallets

63 Fla. L. Rev. 1459 (2011)| | | | The Dodd-Frank Wall Street Reform and Consumer Protection Act precipitates innumerable changes that will both directly and indirectly shape the future of the financial industry. This Note addresses two important subsets of the Dodd-Frank Act- Section 1044 and Section 1046-which vitiate the authority of federally chartered […]

Jeffrey Manns, Building Better Bailouts: The Case for a Long-Term Investment Approach

63 Fla. L. Rev. 1349 (2011)| | | | The Article seeks to fill a crucial gap in the Dodd-Frank Wall Street Reform and Consumer Protection Act: the failure to create a framework for dealing with future financial bailouts. It argues that the federal government’s ad hoc, “break even” approach to the recent bailouts not […]

Jennifer S. Martin, Adapting U.C.C. § 2-615 Excuse for Civilian-Military Contractors in Wartime

61 Fla. L. Rev. 99 (2009) | | | | ABSTRACT :: When should a civilian seller of goods who delays delivery or cancels altogether under a wartime contract be able to claim excuse under U.C.C. Article 2? The unprecedented extent of the U.S. military’s use of contractors abroad calls for a rethinking of U.C.C. […]

Julia Patterson Forrester, Still Crazy After All These Years: The Absolute Assignment Of Rents In Mortgage Loan Transactions

59 Fla. L. Rev. 487 (2007) | | | | ABSTRACT :: This Article explores the problems caused by the absolute assignment of rents in mortgage loan transactions, which have continued for more than a century, and discusses possible solutions. Rents are a significant part of the security for loans secured by income-producing properties such […]