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16 March 2010

Some Thoughtful Corporate Law Articles

* Bank CEOs who have loaned money to their banks were less likely to take risks that caused trouble for the bank in a financial crisis, than banks whose CEOs had not loaned money to their companies.

* Shareholder derivative litigation (i.e. suits by shareholders against corporations alleging that the corporation is not acting in their interests) might be more effective if it was resolved by juries rather than judges.

* Fiduciary duty might be a better ethical touchstone for lawyers who advise businesses, than zealous advocacy, an ethical touchstone rooted in adversarial criminal proceedings and civil lawsuits.

* Victor Fleischer from the University of Colorado Law School opens up powerfully: "Most of us share a vague intuition that the rich, sophisticated, well-advised, and politically connected somehow game the system to avoid regulatory burdens the rest of us comply with. The intuition is correct; this Article explains how it’s done."

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