Yakima Herald-Republic articles from December 2002

Yakima Herald-Republic archives from December 2002

Gerald Gunther.(law professor)(Testimonial)
December 1, 2002... I did not have Gerry Gunther as a professor in the classroom, but I speak this afternoon as someone who has gained much from his teaching. Let me call myself one of his judicial students, for I became acquainted with Gerry after I went on the...

The myth of state competition in corporate law.
December 1, 2002... INTRODUCTION That states compete for incorporations of public companies has long been a dominant paradigm in corporate legal scholarship. (1) According to this paradigm, states derive substantial benefits from having corporations domicile...

The end of bankruptcy.
December 1, 2002... INTRODUCTION Corporate reorganizations have all but disappeared. Giant corporations make headlines when they file for Chapter 11, but they are no longer using it to rescue a firm from imminent failure. Many use Chapter 11 merely to sell...

Director primacy in corporate takeovers: preliminary reflections.
December 1, 2002... This Response comments on an article by Harvard Professors Bebchuk, Coates, and Subramanian: Lucian Ayre Bebchuk, John C. Coates IV & Guhan Subramanian, The Powerful Antitakeover Force of Staggered Boards: Theory, Evidence, and Policy, 54 STAN....

Takeover defenses work. is that such a bad thing?
December 1, 2002... INTRODUCTION In The Powerful Antitakeover Force of Staggered Boards: Theory, Evidence, and Policy, (1) Professors Lucian Arye Bebchuk, John C. Coates IV, and Guhan Subramanian (BC&S) purport to demonstrate that hostile takeover targets...

Classification cancels corporate accountability.(staggered terms for corporate directors)
December 1, 2002... In the wake of the corporate scandals of the past several months, ISS often receives inquiries as to our views on the two or three key governance changes that--if adopted by all issuers--would help investors to avoid similar market meltdowns in...

Do antitakeover defenses decrease shareholder wealth? The ex post/ex ante valuation problem.
December 1, 2002... INTRODUCTION Consider the following scenario. The directors of company A learn that company B is about to make a tender offer for 100% of A's shares. The offer is for cash, at a price that represents a fifty percent premium over the price...

The professorial bear hug: the ESB proposal as a conscious effort to make the Delaware courts confront the basic "just say no" question.(Effective Staggered Boards)
December 1, 2002... As one of the ten Delaware judges to whom the central policy argument of The Powerful Antitakeover Force of Staggered Boards: Theory, Evidence, and Policy (1) is directed, I am constrained to reply to the excellent, thought-provoking article by...

The powerful antitakeover force of staggered boards: further findings and a reply to symposium participants. (Delaware)
December 1, 2002... INTRODUCTION Earlier this year in the Stanford Law Review, we presented a theoretical, empirical, and policy analysis of staggered boards. (1) We argued that "effective" staggered boards (ESBs) provide a powerful antitakeover defense, more...

Trust and betrayal in the medical marketplace.
December 1, 2002... INTRODUCTION Dr. Maris gave my mother her last laugh. (1) Every week or so, Dr. Maris, dressed in black, would approach me near the nurses' station to report that my mother had said, "It's time." At issue was the expensive bag of blood...

Ideology and trust.(health law)(response to M. Gregg Bloche, Stanford Law Review, vol. 55, p. 919, 2002)
December 1, 2002... I. WHO SAID WHAT On first reading, I was taken aback, almost stunned, by Gregg Bloche's response to my article. It opens with a story about betrayal of trust by the physician for his dying mother and it closes with the heart-stopping...

In search of fair housing in cyberspace: the implications of the Communications Decency Act for fair housing on the Internet.
December 1, 2002... INTRODUCTION As one commentator has noted, "[t]he Internet was the equivalent of two tin cans and a string when the Fair Housing Act was passed back in 1968." (1) In the years since, the Internet has become a mainstay of the housing...

Labored Relations: Law, Politics, and the NLRB, A Memoir.(Book Review)
December 1, 2002... LABORED RELATIONS: LAW, POLITICS, AND THE NLRB--A MEMOIR. By William B. Gould IV. ** Cambridge: MIT Press. 2000. 449 pp. INTRODUCTION "Inside baseball" is a phrase with two meanings, one literal and the other metaphorical. In this...