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Contribution to Book
Family Law and Entrepreneurial Action
Ohio State Law Review Furthermore
  • D. Gordon Smith
Publication Date
  • law and entrepreneurship,
  • family law,
  • fiduciary law,
  • closely held businesses,
  • contract,
  • family-business law,
  • corporate law
Document Type

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).
Citation Information
D. Gordon Smith, 𝘍𝘢𝘮𝘪𝘭𝘺 𝘓𝘢𝘸 𝘢𝘯𝘥 𝘌𝘯𝘵𝘳𝘦𝘱𝘳𝘦𝘯𝘦𝘶𝘳𝘪𝘢𝘭 𝘈𝘤𝘵𝘪𝘰𝘯, 77 Oʜɪᴏ Sᴛ. L.J. Fᴜʀᴛʜᴇʀᴍᴏʀᴇ 31 (2016).