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This book critically examines shareholder primacy and develops a new theory of shared corporate governance that includes employees.
Introduction and overview -- Defining the corporation and Corporate Law -- Contextual drivers of difference -- Enduring controversies in Corporate Law -- The corporation as technology -- Corporate pathologies and corporate sustainability -- Re-calibrating governance : industry-by-industry approaches -- Re-imagining corporate accountability -- Conclusions.
A leading scientist describes his life, his gender transition, his scientific work, and his advocacy for gender equality in science. Ben Barres was known for his groundbreaking scientific work and for his groundbreaking advocacy for gender equality in science. In this book, completed shortly before his death from pancreatic cancer in December 2017, Barres (born in 1954) describes a life full of remarkable accomplishments—from his childhood as a precocious math and science whiz to his experiences as a female student at MIT in the 1970s to his female-to-male transition in his forties, to his scientific work and role as teacher and mentor at Stanford. Barres recounts his early life—his inte...
This timely book makes a forceful argument that the analyses from behavioral economists are incomplete, the policies advocated by libertarian paternalists are misguided and unethical, and both actually reinforce the cognitive biases and dysfunctions that motivate 'nudges' in the first place. In a lighthearted manner, the author points out critical flaws in the way economists model decision-making, how behavioral economics failed to correct them, and how they led to the problems with libertarian paternalism and nudges. Sprinkled throughout with anecdotes, examples, and references to a wide range of scholarly literature, this new volume argues against the use of paternalistic nudges by the government and makes a positive case for individual choice and autonomy. This book is part of White's triptych on individualism and society, which includes The Illusion of Well-Being and The Decline of the Individual.
The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
This book focuses on the legitimacy of corporate power wielded by corporate groups, integrating legal doctrine, economic analysis, and theoretical approaches. It reassesses how corporate groups can maintain legitimacy whilst exercising corporate power. Corporate groups are a prominent commercial feature of many jurisdictions and present unique challenges. The book argues that when analysed through the lens of corporate social responsibility, a legitimacy deficiency emerges. This arises from a lack of historical debate, diluted control mechanisms, and inflated growth, utilising unique features of the corporate group. It explores how the magnified power of the corporate group presents acute ch...
Exploring legal treatises, court decisions, political illustrations, photographs, and modernist literature, this volume reveals that the ambiguous status of corporate intention in the first half of the twentieth century provoked conflicting theories of meaning and interpretation still debated today.
The new third edition of Law and Society provides a balanced, multidisciplinary, and comprehensive overview of law as an essential social institution that both shapes and is shaped by society. Between this book’s covers, readers will find the theoretical and conceptual contributions of anthropologists, historians, law professors, political scientists, philosophers, psychologists, and sociologists. By synthesizing this wide range of perspectives, the book provides readers with a nuanced and in-depth context to think about, discuss, and analyze current trends, issues, and events. Through this book, readers will also grasp the many ways law affects the lives of individuals and, more generally...
Examines how and why modern corporate governance practices fail to deliver better economic, managerial, environmental, or social outcomes.
Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.