Putting the Shepherds and the Magi in the Manger — The Problem of False Isomorphism
6 Pages Posted: 19 Dec 2012
Date Written: December 17, 2012
Changes over the last 30 years in business entity law present a significant challenge to a judiciary charged to resolve disputes between the constituents to business organizations. Where in prior periods there was largely a binary division between those organizations organized as corporations and those organized as partnerships, each with a distinct organizational statute and a largely distinct body of common law, we are today faced with a multitude of organizational forms spanning a continuum. Still, our judiciary is largely one whose training is rooted in the prior binary paradigm.
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