A procedural focus on unlimited shareholder liability

Article Abstract:

Janet Cooper Alexander argues against implementation of unlimited shareholder liability at the state level due to procedural problems with choice of law and personal jurisdiction. The proposal is that shareholders should be liable on a pro rata basis for tort damages above the corporation's net worth. Federal implementation would be preferable, but the problems at the state level are not as great as Alexander suggests. Choice of law doctrine does not unambiguously favor the state of incorporation over the state in which the tort occurred, and personal jurisdiction could reasonably be asserted.

Stockholders, Corporations, Criticism and interpretation, Tort liability, Tort liability of corporations, Alexander, Janet Cooper

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A self-enforcing model of corporate law

Article Abstract:

Adopting a model of corporate law that is self-enforcing is valuable in emerging nations because foreign capital can be provided some protections without domestic management losing all control. A self-enforcing approach does not rely on the courts but instead builds in procedural safeguards that offer incentives to comply. This model is more effective for newly capitalist nations such as Russia than the enabling model used in developed economies or the prohibitive model evident in the 19th century.

Russia, Economic development, international

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General principles of company law for transition economies

Article Abstract:

General principles of company law for transition economies were formulated to guide policy makers in the newly independent states, such as those of the former Soviet Union, in making the transition from centrally planned to free market economies. These principles seek to identify the alternative approaches to modern company law and to adapt these approaches to the requirements of each particular country.

International

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