• Journal of Corporation Law

Publisher:
University of Iowa, College of Law
Publication date:
2009-06-04
ISBN:
0360-795X
First document:
Vol. 32 Nbr. 1, October 2006
Last document:
Vol. 39 Nbr. 2, January 2014
Copyright:
COPYRIGHT TV Trade Media, Inc.<br/>COPYRIGHT GALE, Cengage Learning. All rights reserved.

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  • Corporate Elections and Tactical Settlements

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  • The Best of Both Worlds: Default Fiduciary Duties and Contractual Freedom in Alternative Business Entities*

    In the wake of the recent controversy in Delaware as to whether default fiduciary duties exist in alternative business entities, this Article examines why default fiduciary duties in alternative entities reflect sound legal policy at this point in time. This Article considers recent empirical data that raises serious questions as to the need for investor protections. This Article argues that the Revised Uniform Limited Liability Company Act (2006), particularly as modified by California, offers a compelling alternative to the Delaware paradigm because it offers the best of both worlds-default fiduciary duties as well as contractual freedom subject to reasonable managerial constraints. This Article recommends additional interdisciplinary research to develop legal policies that make sense...

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  • Poison Ivi: Compulsory Licensing and the Future of Internet Television

    Broadcast television plays a central role in modern American culture. American copyright law grants copyright owners the exclusive right to perform their works publicly. Broadcasters therefore must negotiate with the copyright owners to carry programming. Prior to the 1976 revision of the Copyright Act, cable systems escaped liability because the Supreme Court deemed these retransmissions outside the scope of the public performance right. So in this Note, Part II provides an introduction to American copyright law and traces the roots of compulsory licensing. It then discusses the introduction of compulsory licenses for cable systems. Part III analyzes the many factors affecting the modern compulsory license, including the decline of broadcast television and the growth of cable televisio...

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