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I have set out below some basic good practice for the summative essay question.

by | Apr 18, 2022 | Law | 0 comments

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I have set out below some basic good practice for the summative essay question.
First, the golden rule for citation of legal authorities is that you use the OSCOLA system of referencing for the main UK primary legal sources, and for the main types of secondary sources. Obviously, the rules and examples in OSCOLA are based on common practice in UK citation. When citing US case law, the exact format of a case citation depends on several factors (e.g. jurisdiction, court, and type of case), but the basic format of a case citation is as follows: [Case Name], [Volume No.] [Reporter Abbreviation] [1st Page of Case], [“Pinpoint” page/page referred] [Court] [Year] – e.g. Am. Geophysical Union v. Texaco, Inc., 60 F.3d 913, 915 (2d Cir. 1994).
Second, the essay title requires you to adopt an analytical frame rather than merely explain the law relating to takeovers in the UK and US. You must be able to apply the knowledge and understanding of selected module topics that are particularly relevant to the question proposition. In doing so, the answer provided must critically evaluate the relevant legal rules and/or academic opinions drawn from a range of disciplines and to adopt and defend a reasoned position on the issues explored.
Third, because the essay forms 100% of your assessment for this module, I am limited to providing a general advisory note about the question content and its interpretation. The note is as follows. First, the question is a comparative one, and you decide how to structure the comparison. You might choose to e.g. separate the question into two parts where the UK and US law are addressed in turn, or focus primarily on one jurisdiction but to then situate the analysis of the second system within that discussion – or something different. The choice of essay structure is one for you to determine, and the coherence of presentation forms part of the overall mark. Second, primary focus of analysis is expected to centre on the appropriate form of agency – i.e. shareholders/UK system or directors/the Delaware approach – to achieve shareholder value in a takeover situation. Are shareholders better off if directors/managers are given some insulation from unsolicited bids and therefore better able to pursue capital-intensive strategies designed to generate optimal financial returns? Or are they be better served by a system that enables changes of corporate control to easily replace management if management is not following shareholder sentiment regarding the company’s value?
This is the extent of the guidance that can be provided to you regarding the summative essay title. I hope it is helpful to you and I wish you all the best and good luck in completing the assessment.

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