Corporate Law

Edited by David Gindis (University of Hertfordshire)
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  1. added 2020-07-17
    Corporate Law Versus Social Autonomy: Law as Social Hazard.Michael Galanis - forthcoming - Law and Critique.
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  2. added 2020-07-17
    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 (...)
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  3. added 2020-07-17
    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.
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  4. added 2020-07-17
    Corporate Essence and Identity in Criminal Law.Mihailis 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 (...)
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  5. added 2020-07-17
    Morality, Ontology, and Corporate Rights.Steven Walt & Micah Schwartzman - 2017 - Law and Ethics of Human Rights 11 (1):1-29.
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  6. added 2020-07-17
    Self-Selection and Heterogeneity in Firms’ Choice of Corporate Law.Michal Barzuza - 2015 - Theoretical Inquiries in Law 16 (1):295-314.
    Firms’ choice of legal regime is not uniform. Despite Delaware’s significant advantages and success in attracting corporations, many firms still choose to incorporate in their home state, and some firms incorporate in a third state, most notably Nevada. Several factors - lawyers’ advice, political influence in the home state, and relative costs of out of state incorporation - were identified as contributing to these patterns. Yet none of these factors neither their combination, fully account for firms’ choices. This Article suggests (...)
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  7. added 2020-07-17
    Cross-Border Insolvency Law: A Comparative Institutional Analysis.S. M. Franken - 2014 - Oxford Journal of Legal Studies 34 (1):97-131.
    Any choice of a state for a cross-border insolvency regime involves a trade-off between increased cross-border economic activity and application of less-preferred substantive insolvency law. A state may be relatively more dependent (‘dependent state’) on the economy of another, less dependent, state (‘dominant state’) than vice versa. This article shows that the dependent state, to increase its gains from cross-border economic activity, has an interest in the dominant state applying territorialism. Applying unilateral universalism vis-à-vis the dominant state, the dependent state (...)
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  8. added 2020-07-17
    Not-for-Profit Law: Theoretical and Comparative Perspectives.Matthew Harding, Ann O'Connell & Miranda Stewart (eds.) - 2014 - Cambridge University Press.
    The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: Politics, in the broader sense of living as a community, and the narrower sense of political power; Charity, how it is defined and changes in its meaning over time; Taxation, including the rationale for (...)
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  9. added 2020-07-17
    The Culture of Bullying in Australian Corporate Law Firms.Joanne Bagust - 2014 - Legal Ethics 17 (2):177-201.
    Despite the fact that corporate law firms attract some of the most intelligent and productive minds in business today, they have failed to cultivate a workplace that facilitates healthy and balanced lives for their practitioners. Workplace stress in the sector is manifest in a culture which continues to sanction 'rite of passage' work practices which bolster earnings for those at the apex but are proving sickening to many. This culture inhibits basic ethical human interaction based on decency and respect and (...)
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  10. added 2020-07-17
    Depersonalization of Business in Ancient Rome.Barbara Abatino, Giuseppe Dari-Mattiacci & Enrico C. Perotti - 2011 - Oxford Journal of Legal Studies 31 (2):365-389.
    A crucial step in economic development is the depersonalization of business, which enables an enterprise to operate as a separate entity from its owners and managers. Until the emergence of a de iure depersonalization of business in the 19th century, business activities were eminently personal, with managing partners bearing unlimited liability. Roman law even restricted agency. Yet, the Roman legal system developed a form of de facto depersonalized business entity, where depersonalization was achieved by making the fulcrum of the business (...)
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  11. added 2020-07-17
    Business Ethics and the 'End of History' in Corporate Law.Joseph Heath - 2011 - Journal of Business Ethics 102 (S1):5-20.
    Henry Hansmann has claimed we have reached the “end of history” in corporate law, organized around the “widespread normative consensus that corporate managers should act exclusively in the economic interests of shareholders.” In this paper, I examine Hansmann’s own argument in support of this view, in order to draw out its implications for some of the traditional concerns of business ethicists about corporate social responsibility. The centerpiece of Hansmann’s argument is the claim that ownership of the firm is most naturally (...)
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  12. added 2020-07-17
    The Proprietary Foundations of Corporate Law.John Armour & Michael J. Whincop - 2007 - Oxford Journal of Legal Studies 27 (3):429-465.
    Recent work in both the theory of the firm and of corporate law has called into question the appropriateness of analysing corporate law as ‘merely’ a set of standard form contracts. This article develops these ideas by focusing on property law's role in underpinning corporate enterprise. Rights to control assets are a significant mechanism of governance in the firm. However, their use in this way predicates some arrangement for stipulating which parties will have control under which circumstances. It is argued (...)
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  13. added 2020-07-17
    Corporate Governance: Separation of Powers and Checks and Balances in Israeli Corporate Law.Yotam Lurie & David A. Frenkel - 2003 - Business Ethics 12 (3):275–283.
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  14. added 2020-07-17
    How Corporate Law Inhibits Ethics.R. Hinkley - 2002 - Business Ethics 16 (1):4-5.
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  15. added 2020-07-17
    Voting (Insincerely) in Corporate Law.Zohar Goshen - 2001 - Theoretical Inquiries in Law 2 (2).
    Voting lies at the center of collective decision-making in corporate law. While scholars have identified various problems with the voting mechanism, insincere voting—in the forms of strategic voting and conflict of interests voting—is perhaps the most fundamental. This article shows that insincere voting distorts the voting mechanism at its core, undermining its ability to determine transaction efficiency. As further demonstrated, strategic and conflict of interests problems frequently coincide with one another: voting strategically often means being in conflict, and many fact (...)
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  16. added 2020-07-17
    The Jurisprudential Foundations of Corporate and Commercial Law.Jody S. Kraus & Steven D. Walt (eds.) - 2000 - Cambridge University Press.
    This collection, first published in 2000, brings together essays by some of the most prominent scholars currently writing in commercial law theory. The essays address the foundations of efficiency analysis as the dominant theoretical paradigm in contemporary corporate and commercial law scholarship. Some of the questions addressed in the volume are: What are the historical roots of efficiency analysis in contract, sales, and corporate law? Is moral theory irrelevant to efficiency analysis in these areas; if relevant, are morality and efficiency (...)
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  17. added 2020-07-17
    Painting the Corporate Cathedral: The Protection of Entitlements in Corporate Law.M. J. Whincop - 1999 - Oxford Journal of Legal Studies 19 (1):19-50.
    Policy-based corporate law scholarship has come to be dominated by law and economics contractarian theory. Contractual focuses have obscured three deficiencies of the theory: inadequate attention to post-contractual bargaining, reductionist approaches to legal rights, and indifference to distributional considerations. Calabresi and Melamed's framework for examining the allocation and protection of legal entitlements, as explored and refined over more than 25 years of scholarship, offers a systematic means of analysing these neglected areas without compromising an economic orientation. The author uses this (...)
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  18. added 2020-07-17
    The Ethical Significance of Corporate Law.Jeffrey Nesteruk - 1991 - Journal of Business Ethics 10 (9):723 - 727.
    Corporate legal scholarship has failed in fundamental ways to grasp the ethical significance of corporate law and policy. While the broader economic and social consequences of particular legal developments are routinely debated, too little reflection is given to how such developments affect the moral quality of individual lives within the corporate hierarchy. What is needed is a framework for illuminating the interaction between developments in corporate legal doctrine and the ethical choices of corporate managers. The ethical significance of corporate law (...)
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  19. added 2020-07-17
    Corporate Law and Economic Analysis.Lucian Arye Bebchuk (ed.) - 1990 - Cambridge University Press.
    This collection uses economic analysis to study some of the most pressing issues in corporate law. The last decade has brought certain corporate transactions and arrangements to the forefront of public attention and public debate. At the same time, a new mode of corporate law analysis has been developed - one that uses the tools of economics to identify the consequences and desirable features of corporate law rules. By bringing together work at the frontier of this method of analysis, the (...)
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