Suffolk University Law School was founded in 1906 and is located in the heart of downtown Boston. The school is dedicated to educating students of all backgrounds and circumstances, helping them to thrive in an increasingly diverse, global and technologically dependent society. The school's Business Law & Financial Services Concentration emphasizes teaching and scholarship not only in traditional corporate structures, but also in alternative non-corporate forms of organization that are becoming the norm in small businesses, emerging high-tech industries, and financial services. Its faculty members include nationally regarded experts in limited liability company, partnership, tax, and securities regulation, including Carter G. Bishop, a reporter for four separate uniform business organization law projects sponsored by the National Conference of Commissioners on Uniform State Laws, and Jeffrey M. Lipshaw, co-author with the late Larry E. Ribstein of Unincorporated Business Entities, 4th Edition (LexisNexis, 2009).

Table of Contents

Argentina's Worker-Recuperated Enterprises, 2010-2013: A Synthesis of Recent Empirical Findings

Andrés Ruggeri, University of Buenos Aires (UBA)
Marcelo Vieta, Social Economy Centre, Ontario Institute for Studies in Education (University of Toronto), Euricse

Mitigating ‘Effective Control’ Restriction on Joint Venture Airlines in Asia: Philippine Airasia Case

Michelle Dy, New York University School of Law
Jae Woon Lee, National University of Singapore (NUS) - Faculty of Law, National University of Singapore (NUS) - Centre for International Law

Sponsored by: Suffolk University Law School

"Argentina's Worker-Recuperated Enterprises, 2010-2013: A Synthesis of Recent Empirical Findings" Free Download
Journal of Entrepreneurial and Organizational Diversity, Vol. 4, No. 1 (2015): 75-103

ANDRÉS RUGGERI, University of Buenos Aires (UBA)
MARCELO VIETA, Social Economy Centre, Ontario Institute for Studies in Education (University of Toronto), Euricse

Argentina’s empresas recuperadas por sus trabajadores (worker-recuperated enterprises, ERTs) are formerly investor- or privately-owned businesses in crisis ultimately taken over and re-opened by their employees, most commonly as worker cooperatives. Since 2002, the Programa Facultad Abierta (Open Faculty Program) of the Faculty of Philosophy and Literature at the University of Buenos Aires has carried out a series of national studies of Argentina’s ERTs. The aim of this article is to present the conclusions of the fourth survey of Argentina’s ERTs carried out by the Facultad Abierta. This survey focused on ERTs that emerged between March 2010 and December 2013, providing the most complete and up-to-date database of the characteristics of Argentina’s ERTs, and showing evidence of a wave of new worker-recuperated enterprises emerging in the post-crisis years, especially since 2010. The key findings presented in this article include: the political economic reasons for the emergence of ERTs; the characteristics of the growing ERT movement today as compared to earlier ERTs; the nature of the conflicts and issues leading to the creation of Argentina’s new ERTs; a critical analysis of new legal frameworks for ERT firms, comparing and contrasting them to older legal outlets for the formation of ERTs; and the involvement of unions with Argentina’s ERTs.

"Mitigating ‘Effective Control’ Restriction on Joint Venture Airlines in Asia: Philippine Airasia Case" 
40 Air and Space Law 231 (2015)

MICHELLE DY, New York University School of Law
JAE WOON LEE, National University of Singapore (NUS) - Faculty of Law, National University of Singapore (NUS) - Centre for International Law

The joint venture (JV) ownership model of low-cost carriers (LCCs) in Asia has been responsible for the expansion of LCCs into their neighbouring countries, enabling them to operate interconnected networks under a single brand. The expansion has not been an easy feat. Respective national laws of these JV LCCs still dictate that ‘effective control’ should be vested with local investors. However, there are signs that this might not be what is actually happening. A closer look at Philippine AirAsia is taken to carefully examine how national government authorities deal with the issue of ‘effective control’ and to determine whether the observation on JV LCCs in general also rings true for this particular airline. This topic is timely since many JV LCCs recently established in Asia have developed increasingly significant roles in the market. The legal and regulatory aspects of JV LCCs in Asia will also be looked into to deal with how and why the ‘effective control’ test under domestic law has been mitigated for those airlines. It concludes with a discussion of the policy implications of such mitigation of the ‘effective control’ test and some observations which could possibly guide future actions of both regulators and airline companies.


About this eJournal

Sponsored by: Suffolk University Law School

This eJournal distributes working and accepted paper abstracts related to LLCs, close corporations, partnerships, and other private enterprises. This includes the law, economics, history and policy of closely-held corporations and non-corporate firms, including partnerships, limited liability companies, limited partnerships, limited liability partnerships, joint ventures, and similar entities both in the US and around the world. Specific topics include private law matters such as governance, fiduciary duties, formation, litigation, arbitration, choice of law, exit, dissolution, transfer, creditors' rights, and limited liability. They also include public law matters such as bankruptcy, employment discrimination, securities regulation, competition law, and professional regulation. Articles may also focus on types of businesses or other relationships that commonly organize as limited liability companies, close corporations, partnerships or other unincorporated business entities, including venture capital, professional services, real estate, finance, family firms, domestic relationships and public-private enterprises.

Editor: Jeffrey M. Lipshaw, Suffolk University


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Corporate Law: LLCs, Close Corporations, Partnerships, & Other Private Enterprises eJournal

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