Volume 16-2

VOLUME 16-2 TABLE OF CONTENTS

UNINTENDED CONSEQUENCES: THE NONSENSE OF EXECUTIVE COMPENSATION OVERSIGHT Wynn Willard SUPPRESSING MINORITY SHAREHOLDER OPPRESSION Peter J. Horne WILL THE CATHOLIC CHURCH’S TAX EXEMPT STATUS BE THREATENED UNDER THE PUBLIC POLICY LIMITATION OF § 501(c)(3) IF SAME-SEX MARRIAGE BECOMES PUBLIC POLICY? Lindsay N. Kreppel COMMENT PENNSYLVANIA OIL AND GAS LEASES IN BANKRUPTCY: […]

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UNINTENDED CONSEQUENCES: THE NONSENSE OF EXECUTIVE COMPENSATION OVERSIGHT

WYNN WILLARD This paper questions the utility of increasingly common oversight of executive compensation that produces unintended or even opposite effects. It focuses on the accumulation of ineffectual government oversight and demonstrates its three flaws. Chief Executive Officer (“CEO”) pay averages less than 2.5% of after-tax earnings of S&P 500 […]

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SUPPRESSING MINORITY SHAREHOLDER OPPRESSION

PETER J. HORNE A varied landscape exists for the treatment of aggrieved minority shareholders in closely-held corporations. The Model Business Corporation Act provides for standard language in defining shareholder oppression. However, three competing theories – upholding fiduciary duties, preserving reasonable expectations, and enforcing strict contract rights – have been employed […]

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WILL THE CATHOLIC CHURCH’S TAX EXEMPT STATUS BE THREATENED UNDER THE PUBLIC POLICY LIMITATION OF § 501(c)(3) IF SAME-SEX MARRIAGE BECOMES PUBLIC POLICY?

LINDSAY N. KREPPEL As a result of the Supreme Court of the United States’ decision to strike down the Defense of Marriage Act’s definition of marriage as between a man and a woman, there now exists a divide between one of the Catholic Church’s established beliefs and an exception to […]

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EMPLOYEE RETIREMENT INCOME SECURITY ACT GOVERNED HEALTH PLANS WIN, EQUITABLE DOCTRINES LOSE: A LOOK INTO US AIRWAYS V. McCUTCHEN AND ITS IMPACT ON FUTURE ERISA LITIGATION

MATTHEW B. ANDERSEN The Supreme Court held that, in a lawsuit brought pursuant to section 502(a)(3) of ERISA, the plain language of the plan trumps equitable doctrines when the plan’s administrator is enforcing an equitable lien, and the plan’s language is unambiguous. Continue Reading>