ProfessorBainbridge.com

Josh Fershee on LLC Veil Piercing

Business Law Prof Blog: No Need to Veil Pierce an LLC When Direct Liability Is Available (and LLCs Are Still Not Corps) https://t.co/HF5H7E6wX2— Professor Bainbridge (@ProfBainbridge) November 24, 2017

LLCs are not corporations

The Business Law Prof Blog mentions a pet peeve of mine: Now that LLCs are the entity of choice, I like using LLC cases for this discussion [of limited liability]. Of course, from time to time this can make the discussion even more ...

"Religious Sincerity in Corporations"

Ben Edwards: California Western's Catherine Hardee, recently posted her paper Schrodinger's Corporation: The Paradox of Religious Sincerity in Heterogeneous Corporations to SSRN. It's a fascinating piece and has already been featured o...

Documenting the misrepresentations in the corporate law professors' Hobby Lobby brief: Part 1

The more I read the brief filed by 44 corporate law professors in the Obamacare contraceptive mandate cases pending before the Supreme Court, the angrier I get. The brief has a lot of whoppers. Here's one: The Brief claims that: Hobb...

What are the most over studied problems in corporate law?

Dave Hoffman recently posted on the question of whether corporate veil piercing is really the most frequently litigated issue in corporate law, to which I responded (civilly, mind you) by posing a question of my own. In response, Hoffman...

Cross-Posted from the Glom: Pardon my self-promotion #2: My critique of the corporate law professors' brief in Hobby Lobby

As mentioned in my opening post, I think a key issue in the contraception mandate cases is whether form should trump substance. In my second post, I discussed my article, Using Reverse Veil Piercing to Vindicate the Free Exercise Rights ...

Review of Bainbridge and Henderson on Limited Liability

Thilo Kuntz of the University of Bremen Faculty of Law has posted an extensive review of Todd Henderson & my book on limited liability. Kuntz concludes: Bainbridge and Henderson’s book has a lot to offer for readers interested in limi...

Ownership Piercing by Lécia Vicente: Recommended Reading

I am reading a very interesting paper by Lécia Vicente, which argues that: In this article, I develop the concept of "ownership piercing." I use the expression to suggest that courts engage in a process of evaluative reasoning to clar...

Reparations and limited liability

Over at Crooked Timber, John Quiggin uses my post on corporate reparations as a jumping-off point for a defense of collective responsibility and a critique of limited liability. As to the former, John writes:[T]he collective nature of co...