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Joseph F. Rice School of Law

  • Ben Means and business owner

Data & Scholarship

To support the resilience of family and small businesses, it is important to understand what makes them tick.

Traditionally, corporate law scholarship has focused on large, publicly traded companies. For the benefit of business owners, legislators, attorneys, service providers, and scholars, we have gathered a selection of data and research on topics geared toward smaller and family businesses below.

Benjamin Means, Non-Market Values in Family Businesses, 54 William and Mary Law Review 1185 (2013)

Benjamin Means, Wealth Inequality and Family Businesses, 65 Emory Law Journal 937 (2016)

Allison Anna Tait, Corporate Family Law, 112 Northwestern University Law Review 1 (2017)

Spencer B. Burke, The Quest for Longevity: What Can We Learn From Family Businesses About Long-Term Survival? (Dec. 6, 2018)

Catherine A. Hardee, Who’s Causing the Harm? 106 Kentucky Law Journal 751 (2017)

The Cambridge Handbook of Law and Entrepreneurship (D. Gordon Smith, Brian Broughman, and Christine Hurt, editors) (2022)

Elizabeth Pollman, Startup Governance, 166 University of Pennsylvania Law Review 155 (2019)

D. Gordon Smith, Family Law and Entrepreneurial Action, 770 Ohio St. L.J. Furthermore 31 (2016).

Benjamin Means, Solving the “King Lear Problem,” 12 Irvine Law Review 1241 (2022)

Spencer B. Burke, What Do Sumner Redstone and Many NFL Owners Have in Common? (Dec. 6, 2018)

Benjamin Means, The Contractual Foundation of Family-Business Law, 75 Ohio State Law Journal 675 (2014)

Karen E. Boxx, Two Many Tiaras: Conflicting Fiduciary Duties in the Family-Owned Business Context, 49 Houston Law Review 233 (2012)

Benjamin Means, The Value of Insider Control, 60 William and Mary Law Review 891 (2019)

Spencer B. Burke, The Controlling Owner Concept (Dec. 6, 2018)

Mary Ann Cloyd, What Is a Board’s Role in a Family Business? Harvard Law School Forum (July 30, 2014)

Jamil Paolo Francisco, et al., Firm-level Impact of Regulatory Compliance Costs on Small Business Growth, 20 International Review of Entrepreneurship 1 (2022)

Benjamin Means and Douglas K. Moll, Against Contractual Formalism in Shareholder Oppression Law, U.C. Davis Law Review (forthcoming 2023)

Benjamin Means, A Voice-Based Framework for Evaluating Claims of Shareholder Oppression in the Close Corporation, 97 Georgetown Law Journal 1207 (2009)

Benjamin Means, A Contractual Approach to Shareholder Oppression Law, 79 Fordham Law Review 1161 (2010)

Ann M. Lipton, Capital Discrimination, 59 Houston Law Review 843 (2022)

Robert B. Thompson, The Shareholder’s Action for Oppression, 48 Business Lawyer 699 (1993)

Susan S. Kuo and Benjamin Means, Corporate Social Responsibility after Disaster, 89 Washington University Law Review 973 (2012)

Ann M. Eisenberg, Distributive Justice and Rural America, 61 Boston College Law Review 189 (2020)

Spencer B. Burke, Investing in Private Companies – A Perspective (Dec. 3, 2016)

Carla Spivack, The Happy Families of Tax Law, 100 North Carolina Law Review 601 (2022)


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