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Architect of Justice
A major figure in American legal history during the first half of the twentieth century, Felix Solomon Cohen (1907-1953) is best known for his realist view of the law and his efforts to grant Native Americans more control over their own cultural, political, and economic affairs. A second-generation Jewish American, Cohen was born in Manhattan, where he attended the College of the City of New York before receiving a Ph.D. in philosophy from Harvard University and a law degree from Columbia University. Between 1933 and 1948 he served in the Solicitor's Office of the Department of the Interior, where he made lasting contributions to federal Indian law, drafting the Indian Reorganization Act of ...
Corporations
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Corporations
This casebook focuses on corporate law, specifically the law governing the relationship between directors, officers, and shareholders. It aims to foster critical thinking about corporate governance and about the role that law has played in legitimating large publicly held corporations and their managements. The casebook is divided into four parts: the nature and purpose of the corporation; the duties of directors, officers, and other insiders; ownership and control; and fundamental transactions.
The Embedded Firm
The globalization of capital markets since the 1980s has been accompanied by a vigorous debate over the convergence of corporate governance standards around the world towards the shareholder model. But even before the financial and economic crisis of 2008/2009, the dominance of the shareholder model was challenged with regard to persisting divergences and national differences in corporate law, labor law and industrial relations. This collection explores this debate at an important crossroads, echoing Karl Polanyi's famous observation in 1944 of the disembeddedness of the market from society. Drawing on pertinent insights from scholars, practitioners and regulators in corporate and labor law, securities regulation as well as economic sociology and management theory, the contributions shed important light on the empirical effects on the economy of the shift to shareholder primacy, in light of a comprehensive reconsideration of the global context, policy goals and regulatory forms which characterize market governance today.
The Speculation Economy
The first book to reveal the deep historical roots of the modern corporate obsession with stock price - a major cause of recent scandals like those at Enron and WorldComDetails how the rise of the modern corporation created the modern stock market - and why this led to an economy dominated by stock speculationAmerican companies once focused exclusively on providing the best products and services. But today, most corporations are obsessed with maximizing their stock prices, resulting in short-term thinking and the kind of cook-the-books corruption seen in the Enron and WorldCom scandals. How did this happen?In this groundbreaking book, Lawrence E. Mitchell traces the origins of the problem to...
Corporate Governance
The study of corporate governance is a relatively modern development, with significant attention devoted to the subject only during the last fifty years. The topics covered in this volume include the purpose of the corporation, the board of directors, the role of shareholders, and more contemporary developments like hedge fund activism, the role of sovereign wealth funds, and the development of corporate governance law in what perhaps will become the dominant world economy over the next century, China. The editor has written an introductory essay which briefly describes the intellectual history of the field and analyses the material selected for the volume. The papers which have been selected present what the editor believes to be some of the best and most representative studies of the subjects covered. As a result the volume offers a rounded view of the contemporary state of the some of the dominant issues in corporate governance.
Feminist Judgments: Rewritten Property Opinions
Reimagines fundamental property law cases to demonstrate how a feminist lens could impact the law's development.
The World We Used to Live In
In his final work, the great and beloved Native American scholar Vine Deloria Jr. takes us into the realm of the spiritual and reveals through eyewitness accounts the immense power of medicine men. The World We Used To Live In, a fascinating collection of anecdotes from tribes across the country, explores everything from healing miracles and scared rituals to Navajos who could move the sun. In this compelling work, which draws upon a lifetime of scholarship, Deloria shows us how ancient powers fit into our modern understanding of science and the cosmos, and how future generations may draw strength from the old ways.
Republic of Indians
A sweeping history of the Native Southerners who wrote their principles into Spanish and English law A sweeping history of the Native Southerners who challenged European empires from the inside, Republic of Indians tells the story of Indigenous leaders who wrote their principles into Spanish and English law. While in the Spanish Empire, Natives were a recognized part of “la república de indios,” the “republic of Indians,” other Natives across the early American South understood themselves to be joined with European colonists in larger polities, each jealously guarding their own bodies of liberties under royal sanction. Thus, rather than simply rejecting European pretensions to rule ...
Broken Landscape
Broken Landscape is a sweeping chronicle of Indian tribal sovereignty under the United States Constitution and the way that legal analysis and practice have interpreted and misinterpreted tribal sovereignty since the nation's founding. As the book demonstrates, the federal government has repeatedly failed to respect the Constitution's recognition of tribal sovereignty. Instead, it has favored excessive, unaccountable authority in its dealings with tribes. Frank Pommersheim offers a novel and deeply researched synthesis of this legal history from colonial times to the present, confronting the failures of constitutional analysis in contemporary Indian law jurisprudence. Closing with a proposal for a Constitutional amendment that would reaffirm tribal sovereignty, Pommersheim challenges us to finally accord Indian tribes and Indian people the respect and dignity that are their due.
