Designing and Executing a Fair Revlon Auction

The author analyzes the role of corporate boards of directors during takeover and control transactions, specifically in regards to auctions. Courts have consistently considered unfair auction attempts in light of the importance of the business judgment rule. The author examines Delaware case law and highlights the Revlon case, which holds that once an auction begins, the board’s duty shifts from preservation of the corporate entity to maximization of value shareholders will receive from the sale. The author argues that a good understanding of auction theory will not only give courts a better perspective through which to examine directors’ actions but also will give directors more information on how to run auctions and respond to bids

Designing and Executing a Fair Revlon Auction

The author analyzes the role of corporate boards of directors during takeover and control transactions, specifically in regards to auctions. Courts have consistently considered unfair auction attempts in light of the importance of the business judgment rule. The author examines Delaware case law and highlights the Revlon case, which holds that once an auction begins, the board’s duty shifts from preservation of the corporate entity to maximization of value shareholders will receive from the sale. The author argues that a good understanding of auction theory will not only give courts a better perspective through which to examine directors’ actions but also will give directors more information on how to run auctions and respond to bids

Excerpt from: {being about to ASCEND}

This poem constitutes a different take on the theme of this special issue of Survive and Thrive—“Diversity and Community in Narrative Medicine and the Medical Humanities.” An excerpt from a longer poem under development, the poem here is a story of human frailty and limitation at the end of Anthropocene, the end of the age of humans on Earth—perhaps sometime in the not-too-distant future. This poem is thus a “speculative” or “science fiction” story about what happens to a species indigenous and totally adapted to and dependent on the Earth, and which cannot survive anywhere else, must. Facing extinction, the human community finds that despite their extreme individual, social, cultural, and political differences they must re-emerge by further diversifying in order to survive. This “posthuman” community (in the poem) must leave Earth for interstellar space, and so physiologically as well as psychologically must transform to adapt to the harsh and fatal environments they will encounter, as the late physicist Stephen Hawking predicts. This poem, a lyrical sequence (1), therefore tells a set of related stories about beings undergoing traumatic physical and emotional metamorphosis that will change them and their history of shared experiences forever. And they have help. In the poem, the alien who has been watching the human community accidentally exposes the aliens, who now they must intercede. These aliens are not just your ordinary intervening earth-saving aliens as in Arthur C. Clarke’s Childhood’s End. These aliens are Being, and they want to take the posthumans with them. Thus, this lyrical sequence of poems is not “only” about the end of the human community as we know it, and the need to ”diversify” in extremis to remain a community; it is also a philosophical allegory—about the Posthuman Community and its relationship to Alien Being. It is a hybrid genre, a light dramatic tragedy-comedy of how Posthuman Community, confronted by Alien Being, is finally forced in the future to leave the Earth for Antares, a double star cluster 610 light years (10,675,000 Earth years) from Earth (2). Each poem in this lyrical sequence focuses on some imagined (and often humorous) emotional, psychological, cultural, and/or physical dimensions of issues that might be entailed in becoming non-human, unrecognizable, “Other,” and so modified as individuals and as an extant community, have a chance to survive and thrive. NOTES: 1) A lyrical sequence is a group of shorter lyrical poems that are assembled thematically, narratively, and/or imagistically, to implicitly or explicitly through their juxtaposition or other relations (such as form) indirectly convey meaning, to tell a story, or discuss a set of issues created by metaphor, for example). For those interested, the particular forms of the poems in this lyrical sequence are a blank verse monologue, a free verse chorus, a modified Petrarchan sonnet, a villanelle, a modified Shakespearian sonnet, and a three-part free verse double parody. 2) For the convenience of the reader, the Dramatis Personae (Alien Secret Agent, Posthuman Community, Alien Being, Alien Poet), and the three scenes in which the poem occurs (Earth at the end of the Anthropocene, Interstellar Space, and a planet somewhere deep in the Antares binary star system) are indicated. À la Coleridge-style the ongoing overall plot is tagged to the right of the first stanza in each section

3 Poems: Ballad of the Match with Death ; Set Free at Zero Gravity ; Transparenzgesselschaft

These three poems-- Ballad of the Match with Death, Set Free at Zero Gravity, and Transparenzgesselschaft --are embodiments as well as examples of narrative medicine. The poems demonstrate not only a range of forms and styles, but also the purpose of narrative medicine: Witness, Testimony, and Story-Telling

Poetry Editor’s Note: A Missive to Our Selves

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Preface to this Special Poetry Issue: Boundaries and Borders, and their Dissolution (Vol 9.2)

This Preface introduces in detail the Special Poetry Issue (Vol 9.2), Boundaries and Borders, and their Dissolution. The issue consists of invited and submitted original poetry, collected and edited by Steven B. Katz, Editor-Poetry.Bio: Dr. Steven B. Katz is Emeritus Faculty in Rhetoric, Communication, and Information Design doctoral program, Department of Interdisciplinary Studies, College of Architecture, Arts, and Humanities, Clemson University; and Pearce Professor Emeritus of Professional Communication, and Professor Emeritus of English, Emeritus College, Clemson University. He has published many poems, articles, and seven books; his new book, Plato\u27s Nightmare, is forthcoming from Parlor Press

Two Poems from _Nana_: Algorithm: Old Age ; Last Visit

These two poems, Algorithm: Old Age, and Last Visit: The Nursing Home, are drawn from a limited edition chapbook, Nana, published in 2005 by Moses Ink, Raleigh, NC. These poems were submitted, almost at the last minute, in reaction to Rex\u27s two poems, Dee and the Art of Dying, and For Alfred and Learning. Here is Rex\u27s response to the collection, for which I can find no better description: Steve, what a fine book and tribute. Authentic, whole, empathetic. I do know her now and you better than before. I find the turn of language and the play with the iambic and stanza stylistically delightful. And, your release of her from the shallow grave of her body is powerful -- as is your final poems of reflection on your own perspectives. Would you like to publish some of this again? I find the story of her disintegration compelling for so many reasons, and her own kind of integrity during that time. The story about them stealing her purse and bringing it back to drive her crazy reminds me of some of the experiences I had with my great grandfather when I was very young. For him it was the relatives sneaking into the garage and dismantling his Buick. Steven B. Katz is the Pearce Professor of Professional Communication at Clemson University, and the Poetry Editor of Survive and Thrive

Omnibus Edition of Special Poetry Issue: Boundaries, Borders, and their Dissolution

Issues, crises, questions concerning boundaries and borders press on all sides. Throughout human history. In fact, one might see, as in geography, that boundaries and borders define human history—delineating populations, shifting coalitions and allegiances, the innumerable conflicts over them, the atrocities committed because of them, and the fate of the people within them, outside them, and attempting to cross them. From the Preface, this is the general theme of this omnibus edition of the Special Poetry Issue (Vol 9 Iss 2), Boundaries, Borders and their Dissolution. This omnibus edition contains the entirety of Vol 9.2 in one complete file so that the whole issue can be perused in order; this omnibus edition also contains some additions, emendations, and minor corrections of 9.2

Expectation and Desire in the Law of Forcible Rape

In this Article, Mr. Katz struggles with the question of whether genuine sexual choice is ever possible where a legally-defined entitlement structure empowers men over women. The author is mainly concerned with the current state of the law in some states whereby a man who reasonably expects that sexual access if forthcoming from a woman will not be convicted of rape if he proceeds to have sex with her, even though she has not consented. The author presents a contractual model to explain the social arrangements protected under the law of forcible rape. He then argues that rape law doctrine enforces the reasonable expectation of sexual access held by men. He cites the weakness of rapists as the reason for their failure to discipline their sexual desire to their cognitive capacity to understand the desired woman\u27s subjective willingness to engage in sex. In conclusion, there is a contradiction in law and society between the fact of enforcement and the liberal ideal of sexual bodily autonomy

California\u27s Curious Practice of Pocket Review

The majority of any California appellate panel is permitted to certify an opinion for publication that establishes new law or modifies existing rules. The California Supreme court can reverse any publication decision without giving any reason. This practice is called pocket review. Pocket reviews risk thwarting legislative intent and sweeping the results under the rug