D. Gordon Smith,
Family Law and Entrepreneurial Action,
2016 Ohio State L. Rev. Furthermore,
Available at: https://digitalcommons.law.byu.edu/faculty_scholarship/53
law and entrepreneurship, family law, fiduciary law, closely held businesses, contract, family-business law, corporate law
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.
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).