Download or read book Corporate governance collective action and contractual freedom written by Jonathan Rohr and published by . This book was released on 2017 with total page 858 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Limiting Contractual Freedom in Corporate Law written by Lucian A. Bebchuk and published by . This book was released on 2009 with total page 45 pages. Available in PDF, EPUB and Kindle. Book excerpt: This paper takes issue with the increasingly influential view that companies should be completely free to opt out of corporate law rules by adopting appropriate charter provisions. I argue that the contractual view of the corporation, on which supporters of free opting out rely, offers substantial reasons for placing limits on opting out. The analysis focuses on opting out done by charter amendment, after a company has been formed, and highlight the differences between opting out by charter amendment and opting out in the initial charter. Analyzing the informational and collective action problems involved in the charter amendment process, I conclude that the case for placing limits on opt-out amendments is so compelling that even strong believers in free markets should recognize the need for such limits. I also provide criteria for determining the issues with respect to which, and the circumstances under which, opting out by charter amendment should be prohibited or restricted.
Download or read book Governing the Commons written by Elinor Ostrom and published by Cambridge University Press. This book was released on 2015-09-23 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Tackles one of the most enduring and contentious issues of positive political economy: common pool resource management.
Download or read book The Oxford Handbook of Corporate Law and Governance written by Jeffrey Neil Gordon and published by Oxford University Press. This book was released on 2018 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the Global Financial Crisis. Comprehensively referencing the key debates, the Handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.
Download or read book The Genius of American Corporate Law written by Roberta Romano and published by American Enterprise Institute. This book was released on 1993 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a study of the structure of American corporate law, which combines economic analysis with empirical insights to produce a number of policy insights. It is suitable for anyone studying corporate law, securities regulation, comparative company law or federalism.
Download or read book Corporate Governance in the Common Law World written by Christopher M. Bruner and published by Cambridge University Press. This book was released on 2013-03-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book International Handbook on Shareholders Agreements written by Sebastian Mock and published by Walter de Gruyter GmbH & Co KG. This book was released on 2018-05-07 with total page 692 pages. Available in PDF, EPUB and Kindle. Book excerpt: Shareholders ́ Agreements have a growing influence on the general understanding of corporate law since they bind not only the shareholders but also affect the constitution of the corporation and can have a severe impact on capital markets. Therefore, Shareholders ́ Agreements are more and more subject to regulation in corporate, capital market and also insolvency law on the national, the European and the international level. This handbook provides a general examination of conceptual questions of Shareholders ́ Agreements and provides an analysis of the regulation of Shareholders ́ Agreements in European and international law and of the national law of more than 20 jurisdictions. Readers will get a general understanding of the theoretical and practical problems involved with Shareholders ́ Agreements and detailed information on the regulation of Shareholders ́ Agreements in several jurisdictions and the applicable law in the case of transnational corporations and cross-border transactions.
Download or read book Comparative Corporate Governance written by Klaus J. Hopt and published by Oxford University Press. This book was released on 1998 with total page 1304 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book goes back to a symposium held at the Max Planck Institute for Foreign Private and Private International Law in Hamburg on May 15-17 1997"--P. [v].
Download or read book Comparative Corporate Governance written by Afra Afsharipour and published by Edward Elgar Publishing. This book was released on 2021-06-25 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: This research handbook provides a state-of-the-art perspective on how corporate governance differs between countries around the world. It covers highly topical issues including corporate purpose, corporate social responsibility and shareholder activism.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Comparative Corporate Governance written by Véronique Magnier and published by Edward Elgar Publishing. This book was released on 2017-08-25 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comparative Corporate Governance considers the effects of globalization on corporate governance issues and highlights how, despite these widespread consequences, predictions of legal convergence have not come true. By adopting a comparative legal approach, this book explores the disparity between convergence attempts and the persistence of local models of governance in the US, Europe and Asia.
Download or read book The Logic and Limits of Bankruptcy Law written by Thomas H. Jackson and published by Beard Books. This book was released on 2001 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: A careful analysis of the fundamentals of bankruptcy law.
Download or read book Progressive Corporate Law written by Lawrence E Mitchell and published by Routledge. This book was released on 2019-06-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting recent re-examinations of the nature and purpose of the modern publicly held corporation, Progressive Corporate Law introduces the reader to alternative perspectives within the field. The contributors to this volume are loosely bound both by their rejection of the prevailing paradigm of the corporation as a public good designed exclusively for the maximization of private profit and by their affirmative goal of designing corporate laws that accord better with the corporation's political and social realities. The resulting series of visions emphasizes communitarian themes of efficiency and morality of responsibility, altruism, and unity within the corporate form as well as between the corporation and the broader society. Progressive Corporate Law is important reading for business executives, lawyers, policymakers, and others who are concerned with the role of corporations in modem life. Designed to act as a springboard for stimulating discussion, it will be a valuable supplement to courses and seminars in corporate law and business ethics.
Download or read book The Unfinished Business of Governance written by Alexander Styhre and published by Edward Elgar Publishing. This book was released on 2018-10-26 with total page 413 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal, regulatory and ethical frameworks guiding governance decisions are highly politicised and subject to intense debate. This book discusses governance theory in relation to corporations, universities and markets. Confronting the challenges of governing these three core areas, Alexander Styhre explores the connections between governance and the production of economic value, shareholder value and economic equality. An in-depth overview of recent governance literature in management studies, economics, legal theory and economic sociology, exposes how governance theory affects securities markets, commodities trade, university ranking and credit scoring cases. The author examines how changes in competitive capitalism and the wider social organization of society are recursively both determined by, and actively shaping the underlying governance ideals and practices. Identifying the difficulties involved in balancing freedom and control in governance policy, he highlights the key concerns confronting governments, regulatory agencies and transnational agencies: how to ensure the efficient use of economic resources to avoid economic inequality without undermining the legitimacy of the current market-based economic model. Essential reading for academics and graduates in management and the social sciences, as well as policy makers and management consultants, The Unfinished Business of Governance gives exceptional insight into the challenges facing governance within free markets.
Download or read book Towards a Natural Social Contract written by Patrick Huntjens and published by Springer Nature. This book was released on 2021-03-30 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: This open access book is a 2022 Nautilus Gold Medal winner in the category "World Cultures' Transformational Growth & Development". It states that the societal fault lines of our times are deeply intertwined and that they confront us with challenges affecting the security, fairness and sustainability of our societies. The author, Prof. Dr. Patrick Huntjens, argues that overcoming these existential challenges will require a fundamental shift from our current anthropocentric and economic growth-oriented approach to a more ecocentric and regenerative approach. He advocates for a Natural Social Contract that emphasizes long-term sustainability and the general welfare of both humankind and planet Earth. Achieving this crucial balance calls for an end to unlimited economic growth, overconsumption and over-individualisation for the benefit of ourselves, our planet, and future generations. To this end, sustainability, health, and justice in all social-ecological systems will require systemic innovation and prioritizing a collective effort. The Transformative Social-Ecological Innovation (TSEI) framework presented in this book serves that cause. It helps to diagnose and advance innovation and spur change across sectors, disciplines, and at different levels of governance. Altogether, TSEI identifies intervention points and formulates jointly developed and shared solutions to inform policymakers, administrators, concerned citizens, and professionals dedicated towards a more sustainable, healthy and just society. A wide readership of students, researchers, practitioners and policy makers interested in social innovation, transition studies, development studies, social policy, social justice, climate change, environmental studies, political science and economics will find this cutting-edge book particularly useful. “As a sustainability transition researcher, I am truly excited about this book. Two unique aspects of the book are that it considers bigger transformation issues (such as societies’ relationship with nature, purpose and justice) than those studied in transition studies and offers analytical frameworks and methods for taking up the challenge of achieving change on the ground.” - Prof. Dr. René Kemp, United Nations University and Maastricht Sustainability Institute
Download or read book The Anatomy of Corporate Law written by Reinier Kraakman and published by OUP Oxford. This book was released on 2009-07-23 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the long-awaited second edition of this highly regarded comparative overview of corporate law. This edition has been comprehensively updated to reflect profound changes in corporate law. It now includes consideration of additional matters such as the highly topical issue of enforcement in corporate law, and explores the continued convergence of corporate law across jurisdictions. The authors start from the premise that corporate (or company) law across jurisdictions addresses the same three basic agency problems: (1) the opportunism of managers vis-à-vis shareholders; (2) the opportunism of controlling shareholders vis-à-vis minority shareholders; and (3) the opportunism of shareholders as a class vis-à-vis other corporate constituencies, such as corporate creditors and employees. Every jurisdiction must address these problems in a variety of contexts, framed by the corporation's internal dynamics and its interactions with the product, labor, capital, and takeover markets. The authors' central claim, however, is that corporate (or company) forms are fundamentally similar and that, to a surprising degree, jurisdictions pick from among the same handful of legal strategies to address the three basic agency issues. This book explains in detail how (and why) the principal European jurisdictions, Japan, and the United States sometimes select identical legal strategies to address a given corporate law problem, and sometimes make divergent choices. After an introductory discussion of agency issues and legal strategies, the book addresses the basic governance structure of the corporation, including the powers of the board of directors and the shareholders meeting. It proceeds to creditor protection measures, related-party transactions, and fundamental corporate actions such as mergers and charter amendments. Finally, it concludes with an examination of friendly acquisitions, hostile takeovers, and the regulation of the capital markets.
Download or read book Varieties of Capitalism Corporate Governance and Employees written by Shelley Marshall and published by Academic Monographs. This book was released on 2008 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in a 'corporate world' in which powerful business corporations shape and influence the activities of nation states, their national economies and their social relations. But what is it that moulds the activities of the corporations themselves? Do some societies have 'styles' of regulation that enable corporations to operate freely in the pursuit of certain interests, where others are more constrained? And, if so, are Australian companies more inclined to pursue the financial interests of shareholders and owners at the expense of employees and creditors? Corporate governance may be guided in the pursuit of particular interests by many influences, including law, politics, capital and labour and other pressure groups. How these competing pressures balance out varies enormously from state to state. Bringing together the original research by lawyers, political economists and industrial relations scholars, Varieties of Capitalism, Corporate Governance and Employees is a first Australian contribution to these complex issues.
