Abstract
I am honored to participate in this celebration of my friend and colleague Professor Ernst - Joachim Mestmacker . Although the topic of my contribution may jar this Law Review by being purely American, and what's more by having nothing to do with business organizations, the American part, at least, may be justified by Professor Mestmacker 's expertise in American law and by all he has done to promote legal and academic cross-fertilization between the European and American gardens. I myself have benefited enormously from the welcome and encouragement that Professor Mestmacker has provided to me, as to so many other American scholars, at the Max Planck Institute in Hamburg. I salute him, and I trust that he will continue his own scholarly contributions for many years to come.
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