Corporate Law

Edited by David Gindis (University of Hertfordshire)
Related categories
Siblings:

192 found
Order:
1 — 50 / 192
  1. Fiduciary Duties, Investment Screening and Economically Targeted Investing: A Flexible Approach for Changing Times.Gil Yaron - manuscript
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  2. The Financial Distress of Corporate Personality: A Perspective From Fiqh.Saheed Abdullahi Busari, Luqman Zakariyah, Amanullah Muhammad & Akhtarzaite Bint Abdul Aziz - forthcoming - Intellectual Discourse:245-268.
    Oriental scholars discuss the concept of corporate personalitywithout any reference to Islamic law. A leading proponent of this view isJoseph Schacht; a western scholar of jurisprudence who contended that Islamicjurisprudence is limited to individual personality and devoid of corporate laws,hence, contractual agreements between corporations has no basis in Islamiclaw. Several scholars and researcher have responded with sufficient literatureon the status of an artificial person in Islamic law, but there are still issues withthe legal implication of corporate personality in the event (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  3. On the Origins, Meaning and Influence of Jensen and Meckling's Definition of the Firm.David Gindis - forthcoming - Oxford Economic Papers.
    Jensen and Meckling’s 1976 definition of the firm as a legal fiction which serves as a nexus for contracts between individuals sits well with the Coasean narrative on the firm while at the same time being at odds with it. Available interviews with Jensen shed little light on the origins and meaning of this unusual definition. The paper shows how the definition captured, and was a response to, the American socio-political context of the early and mid-1970s, and traces how Jensen (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  4. The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided.David Gindis & Abraham A. Singer - forthcoming - Journal of Business Ethics:1-15.
    The fear that business corporations have claimed unwarranted constitutional protections which have entrenched corporate power has produced a broad social movement demanding that constitutional rights be restricted to human beings and corporate personhood be abolished. We develop a critique of these proposals organized around the three salient rationales we identify in the accompanying narrative, which we argue reflect a narrow focus on large business corporations, a misunderstanding of the legal concept of personhood, and a failure to distinguish different kinds of (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark  
  5. “What is the Juxtaposition Between the Silicon Valley and Mt. Sinai? Covenantal Principles and the Conceptualization of Platform-User Relations”.Tal Z. Zarsky & Nadav S. Berman - forthcoming - Journal of Law and Religion.
    Within contemporary societies, several global tech-giants have gained enormous power, while generating various disputes vis-à-vis their end-users, local governments, and regulators. This article proposes that the Jewish concept of Covenant can help legal scholars (and wider society) in addressing this complex legal reality. The article presents the challenge of disequilibrium between the above four parties, against the main points of conflict: the requirement of customer consent; clear contractual provisions upon entry; option for reasonable customer exit; limitations on the platform’s ability (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  6. Board Gender Diversity and Corporate Response to Cyber Risk: Evidence From Cybersecurity Related Disclosure.Camélia Radu & Nadia Smaili - 2022 - Journal of Business Ethics 177 (2):351-374.
    Cyber risk has become one of the greatest threats to firms in recent years. Accordingly, boards of directors must be continually vigilant about this danger. They have a duty to ensure that the companies adopt appropriate cybersecurity measures to manage the risk of cyber fraud. Boards should also ensure that the firm disclose material cyber risk and breaches. We examine how the board’s gender composition can influence the extent of such disclosure, based on a sample of the companies listed on (...)
    Remove from this list   Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   1 citation  
  7. Corporate Law Versus Social Autonomy: Law as Social Hazard.Michael Galanis - 2021 - Law and Critique 32 (1):1-32.
    This article argues that corporate law has become the legal platform upon which is erected a social process impeding society’s capacity to lucidly reflect on its primary ends; in this sense, corporate law is in conflict with social autonomy. This process is described here as a social feedback loop, in the structural centre of which lies the corporation which imposes its own purpose as an irrational social end, i.e. irrespective of its potentially catastrophic social consequences. The article argues that resolving (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  8. Legal Aspects of Transnational Scale Corporations’ Activity in Terms of Sustainable Development.Anatoliy Kostruba - 2021 - Rivista di Studi Sulla Sostenibilità 2 (2):49-63.
    This paper discusses the legal aspects of the activities of transnational corporations. The relevance of the subject matter is determined by the significant impact exerted by transnational corporations on the world economy in general and on the economic situation of the country in which such corporations are registered as a subject of legal form of ownership in particular. Quality functioning of transnational corporations is an effective factor for the formation of sustainable development. This study reveals and determines the relationship between (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  9. When the Law Distinguishes Between the Enterprise and the Corporation: The Case of the New French Law on Corporate Purpose.Blanche Segrestin, Armand Hatchuel & Kevin Levillain - 2021 - Journal of Business Ethics 171 (1):1-13.
    A recent French reform has revised the legal definition of the corporation. In essence, the law stipulates that the corporation must be run with due regard to the social and environmental impacts of its activity. It also introduces the notion of raison d’être and affords the possibility for any corporation to assign social or environmental purposes to itself, defined in its by-laws. This reform is similar to recent reforms in the UK and the US, but is based on an original (...)
    Remove from this list   Direct download (3 more)  
    Translate
     
     
    Export citation  
     
    Bookmark   3 citations  
  10. Conceptualizing the Business Corporation: Insights From History.David Gindis - 2020 - Journal of Institutional Economics 16 (5).
    The purpose of this symposium is to shed light on the genealogy of the idea of a business corporation, an economic institution which has long been regarded with a mixture of awe and apprehension. Each of the four original contributions addresses the history of some of its key features. In the process, each contributor reveals some of the insights that history has to teach us regarding the central concepts that inform contemporary debates about the nature of the corporation, the contours (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  11. Multiple Directorships in Emerging Countries: Fiduciary Duties at Stake?Bilal Latif, Wim Voordeckers, Frank Lambrechts & Walter Hendriks - 2020 - Business Ethics: A European Review 29 (3):629-645.
    Business Ethics: A European Review, EarlyView.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  12. The Influence of Interlocking Directorates on the Propensity of Dividend Payout to the Parent Company.Dariusz Siudak - 2020 - Complexity 2020:1-16.
    An examination was performed on whether director interlocks enabled the adoption of a dividend policy for the benefit of the parent company in the ownership structure. Specifically, the study investigated the dependence of the impact of the central position in the board network on the probability of dividend payment. Based on sample of firms listed on Polish capital market, it was observed that the more central the company’s position in the interlocking directorate network, the more likely it is to pay (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  13. The Unowned Corporation.Alan Strudler - 2020 - Business Ethics Journal Review 8 (7):39-44.
    In this Response to Hasko von Kriegstein, I defend several claims, including that the publicly-traded corporation and its assets are unowned; that managers may stand in fiduciary relations to shareholders that do not require managers to maximize shareholder wealth; and that the rights of a shareholder and of the owner of a privately-held corporation may differ fundamentally.
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  14. Shareholder Ownership is Irrelevant for Shareholder Primacy.Hasko von Kriegstein - 2020 - Business Ethics Journal Review 8 (4):20-26.
    Strudler rejects shareholder primacy and argues that, once contractual obligations have been fulfilled and shareholders have received a reasonable return on investment, corporate executives may use corporate wealth for the general good. He seeks to establish this claim via an argument that, contrary to the received view, shareholders do not own corporations. After raising some questions about the latter argument, this commentary goes on to argue that the question of corporate ownership is a red herring. The argument for shareholder primacy (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  15. Moral Agency in Charities and Business Corporations: Exploring the Constraints of Law and Regulation.Eleanor Burt & Samuel Mansell - 2019 - Journal of Business Ethics 159 (1):59-73.
    For centuries in the UK and elsewhere, charities have been widely regarded as admirable and virtuous organisations. Business corporations, by contrast, have been characterised in the popular imagination as entities that lack a capacity for moral judgement. Drawing on the philosophical literature on the moral agency of organisations, we examine how the law shapes the ability of charities and business corporations headquartered in England to exercise moral agency. Paradoxically, we find that charities are legally constrained in exercising moral agency in (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  16. A Theory of Legal Personhood.Visa A. J. Kurki - 2019 - Oxford University Press.
    This work offers a new theory of what it means to be a legal person and suggests that it is best understood as a cluster property. The book explores the origins of legal personhood, the issues afflicting a traditional understanding of the concept, and the numerous debates surrounding the topic.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   8 citations  
  17. Corporate Personhood and the Corporate Responsibility to Race.Nneka Logan - 2019 - Journal of Business Ethics 154 (4):977-988.
    Often overlooked in studies of the corporation is the recognition that the modern corporate form and its power are rooted in the issue of race, and more specifically, in racial oppression. The racialized roots of the corporation become exposed when we acknowledge the significance of slavery and the Fourteenth Amendment to the evolution of the corporate form along with the discriminatory role corporations have traditionally played in shaping race relations in the U.S. This article draws upon several theoretical perspectives, primarily (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  18. Conference on Corporate Governance: Search for the Advanced Practices.Bashar H. Malkawi - 2019 - Conference Proceedings 3.
    The purpose of the article is to examine the role of the board of directors in corporate law in Jordan.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  19. International and Comparative Insolvency Law Symposium.Bashar H. Malkawi - 2019 - University of Miami International and Comparative Law Review 13:1-6.
    The purpose of the symposium is to address global and domestic insolvency law issues.
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  20. Rethinking Corporate Agency in Business, Philosophy, and Law.Samuel Mansell, John Ferguson, David Gindis & Avia Pasternak - 2019 - Journal of Business Ethics 154 (4):893-899.
    While researchers in business ethics, moral philosophy, and jurisprudence have advanced the study of corporate agency, there have been very few attempts to bring together insights from these and other disciplines in the pages of the Journal of Business Ethics. By introducing to an audience of business ethics scholars the work of outstanding authors working outside the field, this interdisciplinary special issue addresses this lacuna. Its aim is to encourage the formulation of innovative arguments that reinvigorate the study of corporate (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  21. Natural Knowledge, Inc.: The Royal Society as a Metropolitan Corporation.Noah Moxham - 2019 - British Journal for the History of Science 52 (2):249-271.
    This article attempts to think through the logic and distinctiveness of the early Royal Society's position as a metropolitan knowledge community and chartered corporation, and the links between these aspects of its being. Among the knowledge communities of Restoration London it is one of the best known and most studied, but also one of the least typical and in many respects one of the least coherent. It was also quite unlike the chartered corporations of the City of London, exercising almost (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  22. Green Start-Ups’ Attitudes Towards Nature When Complying with the Corporate Law.Rafael Robina-Ramírez, Antonio Fernández-Portillo & Juan Carlos Díaz-Casero - 2019 - Complexity 2019:1-17.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  23. Skepticism About Corporate Punishment Revisited.Alex Sarch - 2019 - In Larry Alexander & Kimberly Kessler Ferzan (eds.), The Palgrave Handbook of Applied Ethics and the Criminal Law. Springer Verlag. pp. 213-238.
    Some societies used to impose liability on inanimate objects, a practice we’d now regard as silly and confused. When we punish corporations today, are we making similar mistakes? Here I consider some important sources of philosophical skepticism about imposing criminal liability on corporations, and I argue that they admit of answers, which places punishing corporations on stronger footing than punishing inanimate objects. First, I consider the eligibility challenge, which asserts that corporations are not the right kind of thing to be (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  24. Crossing the Shareholder-First Border.William P. Smith & Barrie E. Litzky - 2019 - Proceedings of the International Association for Business and Society 30:66-72.
    This project investigates critical issues and events related to Trek Therapeutics experience as a public benefit corporation. We will present and discuss how Trek differentiates itself in an industry where the attention is on high prices supporting high investor returns. Trek’s benefit corporation status helped it garner favorable attention in some respects, but has also presented challenges, particularly when it comes to attracting new capital.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  25. Benefit Corporations.Kathleen Wilburn & Ralph Wilburn - 2019 - Business and Professional Ethics Journal 38 (2):223-247.
    More than half of the S&P 500 and the Fortune 500 companies publish corporate social responsibility reports. CSR is at the heart of a new form of corporation, the benefit corporation, which requires the pursuit of a social purpose as well as pursuit of profit. Thirty-four states, plus the District of Columbia, have enacted benefit corporation legislation. Most laws require that benefit corporations publish reports on their social purpose performance using a third-party assessment format. The purpose of this paper is (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  26. Rawls Well That Ends Well.Singer Abraham - 2018 - Business Ethics Journal Review 6 (3):11-17.
    Welch and Ly register three objections to my argument that the Rawlsian paradigm offers no resources for formulating a normative theory of corporate governance. In this brief response, I note that while I agree with the first of these objection, I don’t think it poses any serious trouble to my argument; the other two objections, on the other hand, I am less convinced by. I then offer two alternative strategies for bringing Rawls to bear on business ethics, which don’t involve (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark  
  27. Corporate Essence and Identity in Criminal Law.Mihailis E. Diamantis - 2018 - Journal of Business Ethics 154 (4):955-966.
    How can we know whether we are punishing the same corporation that committed some past crime? Though central to corporate criminal justice, legal theorists and philosophers have yet to address the basic question of how corporate identity persists through time. Simple cases, where crime and punishment are close in time and the corporation has changed little, can mislead us into thinking an answer is always easy to come by. The issue becomes more complicated when corporate criminals undergo any number of (...)
    Remove from this list   Direct download (4 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  28. The Effects of Shariah Board Composition on Islamic Equity Indices' Performance.M. Kabir Hassan, Federica Miglietta, Andrea Paltrinieri & Josanco Floreani - 2018 - Business Ethics: A European Review 27 (3):248-259.
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   4 citations  
  29. Fiduciary Duties and Moral Blackmail.Simon Keller - 2018 - Journal of Applied Philosophy 35 (3):481-495.
    In meeting legal or professional fiduciary obligations, a fiduciary can sometimes come to share a special moral relationship with her beneficiary. Special moral relationships produce special moral obligations. Sometimes the obligations faced by a fiduciary as a result of her moral relationship with her beneficiary go beyond the obligations involved in the initial fiduciary relationship. How such moral obligations develop is sometimes under the control of the beneficiary, or of an outside party. As a result, the fiduciary can be the (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  30. Alliance Network Centrality, Board Composition, and Corporate Social Performance.Craig D. Macaulay, Orlando C. Richard, Mike W. Peng & Maria Hasenhuttl - 2018 - Journal of Business Ethics 151 (4):997-1008.
    What critical characteristics do firms have that determine the scale and scope of corporate social responsibility activities they undertake? This paper examines two disparate predictors of corporate social performance. First, using the lens of the resource-based view, we examine the role of alliance network centrality on corporate social performance. We find that centrality enhances corporate social performance. Second, we investigate how board composition affects corporate social performance. Specifically, drawing on stakeholder theory, we find that the percentage of female directors predicts (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   6 citations  
  31. Edging Toward ‘Reasonably’ Good Corporate Governance.Donald Nordberg - 2018 - Philosophy of Management 17 (3):353-371.
    Over four decades, research and policy have created layers of understandings in the quest for "good" corporate governance. The corporate excesses of the 1970s sparked a search for market mechanisms and disclosure to empower shareholders. The UK-focused problems of the 1990s prompted board-centric, structural approaches, while the fall of Enron and many other companies in the early 2000s heightened emphasis on director independence and professionalism. With the financial crisis of 2007–09, however, came a turn in some policy approaches and in (...)
    Remove from this list   Direct download (5 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  32. Corporations, Sovereignty and the Religion of Neoliberalism.Timothy D. Peters - 2018 - Law and Critique 29 (3):271-292.
    This article seeks to contribute to the thinking of forms of corporateness, sociality and authority in the context of, but also beyond, neoliberalism, the neoliberal state and neoliberal accounts of the corporation. It considers neoliberalism in relation to the theological genealogies of modernity, politics and economy, and the way in which neoliberalism itself functions as a secular religion—one which intensifies liberal individualism and involves a blind faith in the market redefining all social interactions in terms of contract. I turn to (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  33. Do I Think Corporations Should Be Able to Vote Now?Kenneth Silver - 2018 - Business Ethics Journal Review 6 (4):18-23.
    Many proponents of corporate agency take corporations to be responsible for their conduct, but few take them to merit rights over and above the rights of their members. Hasnas (2016) argues that, given a widely-held view of liberal political theory, corporate agency entails that corporations should have the right to vote. In response, I show that there are problems in appealing to liberal political theory, and that the view of voting Hasnas actually endorses need not be accepted. Should it be, (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  34. Justice Failure: Efficiency and Equality in Business Ethics.Abraham Singer - 2018 - Journal of Business Ethics 149 (1):97-115.
    This paper offers the concept of “justice failure,” as a counterpart to the familiar idea of market failure, in order to better understand managers’ ethical obligations. This paper takes the “market failures approach” to business ethics as its point of departure. The success of the MFA, I argue, lies in its close proximity with economic theory, particularly in the idea that, within a larger scheme of social cooperation, markets ought to pursue efficiency and leave the pursuit of equality to the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   17 citations  
  35. Fiduciary Duty, Risk, and Shareholder Desert.Gordon G. Sollars & Sorin A. Tuluca - 2018 - Business Ethics Quarterly 28 (2):203-218.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   3 citations  
  36. Gender and Ethnic Diversity on Boards and Corporate Responsibility: The Case of the Arts Sector.Fara Azmat & Ruth Rentschler - 2017 - Journal of Business Ethics 141 (2):317-336.
    This study provides insights on sector-specific characteristics, challenges and issues that affect corporate responsibility in relation to ethnicity and gender on arts boards. Using stakeholder theory, the study explores how arts board composition sets the scene for dynamics that affect CR. Data analysis is based on interviews with 92 board members and stakeholders sitting on 66 arts boards in Australia. Results suggest that the dynamism of gender and ethnic diversity on arts boards makes them responsive to CR; however, their presence (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   2 citations  
  37. Making Corporations Responsible: The Parallel Tracks of the B Corp Movement and the Business and Human Rights Movement.Joanne Bauer & Elizabeth Umlas - 2017 - Business and Society Review 122 (3):285-325.
    The business and human rights movement shares several goals with the Benefit Corporation movement: corporations respecting human rights; maintaining a “wide aperture” so that all impacts of a company on people and communities are addressed; and creating rigorous standards of conduct and means of accountability. This paper argues that nonetheless the movements are traveling along parallel tracks and thus missing an opportunity for mutual learning that can improve their effectiveness. The BHR movement can look to B Corps for concrete examples (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   2 citations  
  38. Legal Institutionalism: Capitalism and the Constitutive Role of Law.Simon Deakin, David Gindis, Geoffrey M. Hodgson, Kainan Huang & Katharina Pistor - 2017 - Journal of Comparative Economics 45 (1):188-20.
    Social scientists have paid insufficient attention to the role of law in constituting the economic institutions of capitalism. Part of this neglect emanates from inadequate conceptions of the nature of law itself. Spontaneous conceptions of law and property rights that downplay the role of the state are criticized here, because they typically assume relatively small numbers of agents and underplay the complexity and uncertainty in developed capitalist systems. In developed capitalist economies, law is sustained through interaction between private agents, courts (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   9 citations  
  39. Challenging Corporate Personhood Theory: Reclaiming the Public.Ronit Donyets-Kedar - 2017 - Law and Ethics of Human Rights 11 (1):61-88.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  40. The Two Faces of Personhood: Hobbes, Corporate Agency and the Personality of the State.Sean Fleming - 2017 - European Journal of Political Theory (1):147488511773194.
    There is an important but underappreciated ambiguity in Hobbes’ concept of personhood. In one sense, persons are representatives or actors. In the other sense, persons are representees or characters. An estate agent is a person in the first sense; her client is a person in the second. This ambiguity is crucial for understanding Hobbes’ claim that the state is a person. Most scholars follow the first sense of ‘person’, which suggests that the state is a kind of actor – in (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   3 citations  
  41. The Logic of Securities Law.Nicholas L. Georgakopoulos - 2017 - Cambridge University Press.
    This book opens with a simple introduction to financial markets, attempting to understand the action and the players of Wall Street by comparing them to the action and the players of main street. Firstly, it explores the definition of a security by its function, the departure from the buyer beware environment of corporate law and the entrance into the seller disclose environment of securities law. Secondly, it shows that the cost of disclosure rules is justified by their capacity to combat (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark  
  42. Fiduciary Duties and Moral Blackmail.Simon Keller - 2017 - Journal of Applied Philosophy 34 (2).
    In meeting legal or professional fiduciary obligations, a fiduciary can sometimes come to share a special moral relationship with her beneficiary. Special moral relationships produce special moral obligations. Sometimes the obligations faced by a fiduciary as a result of her moral relationship with her beneficiary go beyond the obligations involved in the initial fiduciary relationship. How such moral obligations develop is sometimes under the control of the beneficiary, or of an outside party. As a result, the fiduciary can be the (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  43. Corporate Environmental Responsibility: A Legal Origins Perspective.Hakkon Kim, Kwangwoo Park & Doojin Ryu - 2017 - Journal of Business Ethics 140 (3):381-402.
    In this study, we examine the determinants of corporate environmental responsibility, as well as the relationship between legal systems and CER as measured by a unique set of global environmental cost data. Results of our analyses show that firms’ legal origins affect CER, which requires a long-term management perspective. Specifically, our results indicate that civil law firms exhibit significantly higher levels of CER than common law firms. In addition, results of an auxiliary test suggest that manager shareholding has a significant, (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  44. Why Things Can Hold Rights: Reconceptualizing the Legal Person.Visa Kurki - 2017 - In Visa A. J. Kurki & Tomasz Pietrzykowski (eds.), Legal Personhood: Animals, Artificial Intelligence and the Unborn. Springer.
    The chapter argues that the traditional theories of legal personhood, which associate legal personhood with the holding of rights, are outdated and should be reassessed. Many modern theories of rights come into conflict with our convictions regarding who or what is a legal person. For instance, most jurists would agree that foetuses are not natural persons but new-born children are. However, if we apply the so-called interest theory of rights, we will note that foetuses hold various rights, such as rights (...)
    Remove from this list  
     
    Export citation  
     
    Bookmark   3 citations  
  45. Animals, Slaves, and Corporations: Analyzing Legal Thinghood.Visa A. J. Kurki - 2017 - German Law Journal 18 (5):1070-1090.
    The Article analyzes the notion of legal “thinghood” in the context of the person–thing bifurcation. In legal scholarship, there are numerous assumptions pertaining to this definition that are often not spelled out. In addition, one’s chosen definition of “thing” is often simply taken to be the correct one. The Article scrutinizes these assumptions and definitions. First, a brief history of the bifurcation is offered. Second, three possible definitions of “legal thing” are examined: Things as nonpersons, things as rights and duties, (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark   1 citation  
  46. Legal Personhood: Animals, Artificial Intelligence and the Unborn.Visa A. J. Kurki & Tomasz Pietrzykowski (eds.) - 2017 - Springer.
    This edited work collates novel contributions on contemporary topics that are related to human rights. The essays address analytic-descriptive questions, such as what legal personality actually means, and normative questions, such as who or what should be recognised as a legal person. As is well-known among jurists, the law has a special conception of personhood: corporations are persons, whereas slaves have traditionally been considered property rather than persons. This odd state of affairs has not garnered the interest of legal theorists (...)
    Remove from this list   Direct download (3 more)  
     
    Export citation  
     
    Bookmark   7 citations  
  47. Research and Teaching of Benefit Corporations.Nancy B. Kurland, Norm Bishara, Philip L. Cochran, Barrie Litzky, Ian D. MacFarlane & Florencio Portocarrero - 2017 - Proceedings of the International Association for Business and Society 28:142-145.
    In this symposium, panelists presented research on benefit corporations and certified b corps. In the last decade, new incorporation laws have emerged in several states that explicitly allow firms to pursue both social purpose and profit. Panelists presented an overview of alternative incorporation statutes, evaluated the degree to which companies are externally accountable, and hold themselves internally accountable, to a broader social purpose. The panel also discussed strategies for teaching about certified b corps in the classroom. Finally, the plenary discussion (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark  
  48. The Morality of Corporate Persons.Ladelle McWhirter - 2017 - Southern Journal of Philosophy 55 (S1):126-148.
    This essay provides a genealogy of corporate personhood as it exists currently in US law and places moral personhood in a similar genealogical context. This treatment demonstrates that the two are inextricably intertwined in both conception and institutionalized practices. We would do well to dismantle both; meanwhile, however, corporate personhood's implicit illiberal notion of collective mentality and responsibility may suggest possibilities for establishing collective counterforces to oppose activities of transnational for-profit corporations and mitigate their devastating political, economic, and environmental effects (...)
    Remove from this list   Direct download  
     
    Export citation  
     
    Bookmark  
  49. Benefit Corporations as a Distraction.Amy Klemm Verbos & Stephanie L. Black - 2017 - Business and Professional Ethics Journal 36 (2):229-267.
    Benefit corporation legislation has rapidly disseminated in the United States. Its advocates claim it is a necessary corporate form to address the unique needs of for-profit social enterprises, despite many scholarly and legal practitioners who doubt the need for or wisdom of adopting this organizational form. Others suggest that the legislation is flawed and deficiencies should be addressed. After reviewing the present status of benefit corporation legislation, this article contributes to the discourse arguing that benefit corporations are unnecessary under the (...)
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
  50. Morality, Ontology, and Corporate Rights.Steven Walt & Micah Schwartzman - 2017 - Law and Ethics of Human Rights 11 (1):1-29.
    Remove from this list   Direct download (2 more)  
     
    Export citation  
     
    Bookmark   1 citation  
1 — 50 / 192