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Simplified Corporations and Entrepreneurship
No full textThe World Bank\u27s Doing Business project encourages the reduction of business registration requirements to stimulate entrepreneurship and economic development. Over the last two decades, it has contributed to the harmonisation of these requirements worldwide, but the rates of newly registered firms have not always followed through. Its unparalleled influence and emphasis on procedural reforms shadowed the development and comparative evaluation of alternative incentives to entrepreneurship.
This article contributes to filling this gap, by empirically examining the impact of simplified corporations, legal forms designed to stimulate entrepreneurial activity in Chile and Colombia. These new corporate forms provide not only abbreviated registration and operation rules, but also single ownership and the ability to issue classes of shares, two features that remain unavailable in many jurisdictions. The results confirm that company law reforms – both procedural and substantive – are insufficient to significantly increase the annual number of newly registered firms. Still, simplified corporations have quickly become entrepreneurs’ preferred legal form in those countries, contributing to expanding new businesses’ access to external finance
Georgia Trusts and Trustees
No full textGeorgia Trusts and Trustees provides guidance for acting as a trustee in Georgia, lays out the full picture of Georgia trust law, and compares and contrasts the prominent laws and trends in other states. This 2021-2022 Edition of Georgia Trusts and Trustees is a comprehensive resource on the creation, administration, modification, termination, and construction of trusts in Georgia. Since last year’s edition, new material has been added and/or existing material updated on the following subjects, among others: Appointment of trustee in civil forfeiture proceedings In terrorem clauses Undue influence ERISA relationship with trust law Trustee’s duties of loyalty and good faith Discretionary trusts Intellectually disabled beneficiary Successor Trustees Accountings Power of appointment Investments by trustees Mediation and arbitration Aiding and abetting breach of fiduciary duty Ethical considerations for drafting attorneys Fiduciary exception to attorney-client privileg
Ruby Tuesday, Inc. Order Denying Motion to Stay Enforcement of the Court\u27s March 9, 2021 Order Pending Final Judgment and Setting Deadline for Payment
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Unequal Representation: Women in Clinical Trials
No full textThis Article engages with legal and social history to analyze the present-day consequences of two distinct, yet related historical wrongs: the exclusion of pregnant women and women of child-bearing potential from medical research and the unknowing or unwilling medical experimentation on women of color. It provides a critical contribution to the ongoing discourse about clinical trial representation, arguing in favor of policy considerations rooted in law and society to address the harms caused by this deeply rooted and problematic history
Social Distancing as a Privilege: Assessing the Impact of Structural Disparities on the COVID-19 Crisis in the Black Community
Get PDFThere is a harsh reality for people living with the COVID-19 restrictions in the same city. Though the virus has been called an equal opportunity threat, the truth is that it has had a deadly, disproportionate impact on Black and Brown people. The COVID-19 pandemic has crushed communities of color. Among Black Americans, who make up around 13% of the U.S. population, the COVID-19 infection and death rate are disproportionally high.
To curb the spread of this infectious disease, the CDC has advanced simple advice: apply social distancing guidelines. Social distancing (physical distancing) requires people to keep at least six feet from other people who are not in the same household. Though social distancing is an effective tool to help curb the spread of COVID-19, this simple mitigation strategy is not available to everyone. What is worse, the availability of social distancing measures at home or work often falls along racial lines. Structural racism has even impacted the ability of Black people to implement this simple mitigation strategy.
The COVID-19 pandemic has laid bare in several significant ways the structural inequities that grip Black Americans, even exacerbating the impact of a global pandemic. An expansive array of short-term and long-term proposals have been explored to address the disparate impact of COVID-19 on the Black community. This Article proposes the inclusion of mandatory racial equity impact assessments into the COVID-19 response efforts. Recent federal action is one important step toward explicitly assessing race equity goals in response efforts, but mandatory assessments focused on racial equity are needed in the planning stage to minimize unintended racialized outcomes.
Anti-racist solutions must be embraced to close the gap in these structural inequities that leave Black Americans more exposed to COVID-19. To ensure that social distancing and other mitigation strategies are equally available, both federal and state governments should be required to assess the racial equity implications for COVID-19 response efforts. Lawmakers must continue to expand the reach of COVID-19 relief efforts to explicitly acknowledge race and minimize unintended, racialized, negative outcomes. A consistent, deliberate acknowledgement of race in crafting response measures is needed to create equitable, sustainable corrections
How and Why Did it Go So Wrong?: Theranos as a Legal Ethics Case Study
Get PDFThe Theranos saga encompasses many discrete areas of law. Reporting on Theranos, most notably John Carreyrou’s Bad Blood, highlights the questionable ethical decisions that many of the attorneys involved made. The lessons attorneys and law students can learn from Bad Blood are highly complex. The Theranos story touches on multiple areas of professional responsibility, including competence, diligence, candor, conflicts, and liability. Thus, Theranos serves as a helpful tool to explore the limits of ethical lawyering for Professional Responsibility students.
This Article discusses the author’s experience with using Bad Blood as an extended case study in a new course on Legal Ethics in Contemporary Practice. It begins by discussing the pedagogical justifications for including Theranos in the course and the unanticipated ways in which Bad Blood highlighted particular topics and questions. The Article then describes student reactions to using Bad Blood as a primary text to communicate ethical principles in legal practice and the strengths and weaknesses of doing so. It concludes by contextualizing the use of Theranos as a case study in the larger history of other uses of popular texts in legal education and what lessons other instructors might take from using such case studies