Faculty Scholarship
 

Authors

D. Gordon Smith

Keywords

law and entrepreneurship, family law, fiduciary law, closely held businesses, contract, family-business law, corporate law

Document Type

Chapter

Abstract

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.

General Notes

BYU Law Research Paper No. 16‐07 In response to Benjamin Means, The Contractual Foundation of Family-Business Law, 75 OHIO ST. L.J. 675 (2014).