Family Law and Entrepreneurial Action
2016 Ohio State L. Rev. Furthermore 31
11 Pages Posted: 24 Mar 2016
Date Written: March 22, 2016
In "The Contractual Foundation of Family-Business Law," Benjamin Means aspires to lay the groundwork for a law of family businesses. In this brief response essay, I suggest that a workable family-business law along the lines suggested by Means is consistent with an overarching policy in the United States of promoting entrepreneurial action, and I evaluate the proposal against this policy goal, with particular attention to Means’s arguments in favor of “family-business defaults” and his concern over the potentially disruptive role of fiduciary law.
Keywords: law and entrepreneurship, family law, fiduciary law, closely held businesses, contract, family-business law, corporate law
JEL Classification: K12, K22, M13
Suggested Citation: Suggested Citation