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George Washington University
Quality Shareholders Group
Mayer Brown
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Author's note: Please ignore the disclaimer against citing or quoting this paper that accompanies the electronic text available here and feel free to cite or quote the article, a final version of which appeared at 59 Washington & Lee Law Review 767-837 (2002).
accounting, auditing, corporate governance, disclosure, securities regulation, Sarbanes-Oxley, financial scandals, market psychology, regulation
value investing, Warren Buffett, margin of safety, circle of competence, modern finance theory, executive compensation, corporate governance
business administration, management, disintermediation, Berkshire Hathaway, Warren Buffett, conglomerate, decentralization, advisory board, governance, leverage, corporate culture, trust, internal control
too big to fail, moral hazard, right-tail risk, auditing, insurance, industry unraveling, barriers to entry, industry concentration, catastrophic risk, complexity theory, audit risk model, reputation, internal control, gatekeeper, worst case scenario analysis, audit reports, liability insurance, fin
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internal control, COSO, PCAOB, regulation, liability, fraud, terrorism, PATRIOT Act, Sarbanes-Oxley Act
ecmh, duty of competence, law and accounting, enron, accounting fraud, teaching accounting, corporate finance, pedagogy, legal ethics
shareholders, quality shareholders, the best shareholders, annual meetings, shareholder letters, stewardship, engagement
Berkshire Hathaway, Warren Buffett, capital allocation, autonomy, decentralization, reputation, corporate governance, corporate culture, conglomerates, shareholder activism
index funds, passive investing, stewardship, engagement, activist shareholders, quality shareholders, Keynes. Graham, Buffett, shareholder power, shareholder voting, corporate governance, corporate finance, institutional investors, capital markets
rules, principles, standards, rhetoric, politics, ethics, Delaware, GAAP, IFRS, regulatory competition
globalization, comparative corporate governance, path dependence, vertical corporate governance, horizontal corporate governance, mergers, stock options, auditing, convergence
mutual funds, market timing, regulation, external regulation, market reform
pro form financial reporting, analyst earnings forecast, forward-looking disclosure, financial fraud, efficient market hypothesis, accrual system, reforms
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Buffett, Berkshire, Doris Christopher, corporate governance, corporate culture, autonomy, delegation, independent contractors, distributors, subsidiaries, conglomerates, decentralization, Sokol, Munger, internal control, trust, insider trading
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Berkshire Hathaway, Warren Buffett, Shareholder Letters, Writing, Corporate Communications, Directorships, Corporate Culture, Clayton Homes, 3G
judicial reputation, contracts casebooks, Allegheny College, Lucy Lady Duff Gordon, DeCicco, Sun Printing, Lake River, Wisconsin Knife, Morin, Selmer, good faith, commercial certainty, intention, freedom of contract, liquidated damages
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GAAP, IFRS, FASB, Securities Exchange Commission
accounting, law and accounting, accounting standards, original accounting pronouncements, FASB, AICPA, sociology of accounting, economic exchange, accounting theory
cash flow statement, true and fair view, fairly presents, Sarbanes-Oxley, global accounting, comparative accounting
corporate governance, boards, accounting standards, regulatory reform
SEC authority, climate disclosure, ESG, institutional investors, individual investors, information economics, government policy, financial markets, government power
financial intermediaries, Berkshire Hathaway, Warren Buffett, KKR, private equity, conglomerate, intervention, autonomy, leverage, fees
eXtensible Markup Languag (XML), contract law, spontaneous development, corporate contracts, private law, public-private standard setting, corporate law, technological innovation
audit, capital markets, damages caps, insurance securitization
Sarbanes-Oxley Act, legal implications, future research
contracts, trust, handshakes, informal agreements, acquisition agreements, employment agreements, contract interpretation, contract formation, contracting, management, executives, corporate culture, personnel
shareholders, shareholder voting, shareholder demographics, quality shareholders, index funds, stock trading, transient investors, passive investing, institutional shareholders, director independence, majority of the minority, Delaware corporate law
IFRS, SEC, IASB, FASB, principles-based, rules-based, regulatory competition, comparative corporate governance, corporate finance, international financial regulation
Finance Theory, Agency Theory, Limits of Theory, Forward Looking Disclosure, Pro Forma Reporting, Cash Flow Statement, Fair Value Accounting, Appraisal Proceedings, Stock Market Exception, Auditing, Fair Presentation, Reputation, Incentives, Legal Education, Corporate Finance, Law and Accounting
gatekeepers, auditors, lawyers, incentive compensation, reputation, liability
SEC authority, climate disclosure, ESG, institutional investors, individual investors, information economics, government policy, financial markets, government power, federalism
boards of director, director independence, director expertise, audit committee financial expert, ACFE, audit committees
torts, economic analysis of law, law and economics, traditional legal analysis, jurisprudence, Cardozo, Posner, juries, judges,Hand formula, negligence, negligence per se, proximate cause, standards, rules, statutory violations, least cost avoider
QVC Network, Paramount Communications, Technicolor, Incorporated, Cede and Company, Delaware state law, fiduciary law, doctrinal fragmentation, Revlon duty
Executive Compensation, Corporate Waste, Optimal Contracting, Efficient Markets, Incentive Alignmnet, Stock Options, Retention, Incentives, Unconscionability, Internal Affairs, Choice Of Law, Derivative Litigation, Walt Disney, Warren Buffett, Citigroup, New York Stock Exchange, Dodd-Frank Act
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contract law, default rule analysis, Francis Lieber, Arthur Corbin, hermeneutics, principles of construction
self-similarity, sensitive dependence, judicial bifurcation, judicial discretion, common law, iterative process, input rules, output rules
nonrefundable retainers, attorney-client relationship, attorneys fees, client discharge
Delaware, corporate governance, principles, rules, best practices, quality shareholders, ESG, anti-ESG, politics and corporations, the Delaware way, shareholder typologies, corporate public comment
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parol evidence rule doctrine, Roger Traynor, Richard Posner, Arthur Corbin, Samuel Williston, subjective evidence, objective evidence, contract law, drafting
regulatory competition, mandatory/enabling, corporation law, securities law
shareholder proposals, Rule 14a-8, social activism, SEC authority, ESG, institutional investors, individual investors, information economics, government policy, financial markets, government power, federalism, state corporation law, agency costs, proxy advisor reform, proxy advisor conflicts, proxy
justice, Jesuit tradition, Jesuit values, legal ethics, professional responsibility, legal education, dignity of persons, poverty law, care for the poor, advancement of the common good, discrimination law, rational application of law
U.S. foreign policy, U.S. foreign affairs, U.S.-China relations, U.S.-Russia relations, presidential letters, Richard Nixon, Jimmy Carter, Ronald Reagan, George H.W. Bush, Bill Clinton, George W. Bush, Henry Kissinger, Maurice Greenberg, Hank Greenberg, free trade, human rights, international trade,