Download or read book Reconstructing the Corporation written by Grant M. Hayden and published by Cambridge University Press. This book was released on 2021-03-11 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern corporations contribute to a wide range of contemporary problems, including income inequality, global warming, and the influence of money in politics. Their relentless pursuit of profits, though, is the natural outcome of the doctrine of shareholder primacy. As the consensus around this doctrine crumbles, it has become increasingly clear that the prerogatives of corporate governance have been improperly limited to shareholders. It is time to examine shareholder primacy and its attendant governance features anew, and reorient the literature around the basic purpose of corporations. This book critically examines the current state of corporate governance law and provides decisive rebuttals to longstanding arguments for the exclusive shareholder franchise. Reconstructing the Corporation presents a new model of corporate governance - one that builds on the theory of the firm as well as a novel theory of democratic participation - to support the extension of the corporate franchise to employees.

Download or read book The New Corporate Governance in Theory and Practice written by Stephen Bainbridge and published by Oxford University Press. This book was released on 2008-07-23 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: Forty years ago, managerialism dominated corporate governance. In both theory and practice, a team of senior managers ran the corporation with little or no interference from other stakeholders. Shareholders were essentially powerless and typically quiescent. Boards of directors were little more than rubber stamps. Today, the corporate governance landscape looks vastly different. The fall-out from the post-Enron scandal and implementation of the Sarbanes-Oxley Act have resulted in shareholder activism becoming more widespread, while many observers call for even greater empowerment. The notion that the board of directors is a mere pawn of top management is increasingly invalid, and as a result, modern boards of directors typically are smaller than their antecedents, meet more often, are more independent from management, own more stock, and have better access to information. The New Corporate Governance in Theory and Practice offers an interdisciplinary analysis of the emerging board-centered system of corporate governance. It draws on doctrinal legal analysis, behavioral economic insights into how individuals and groups make decisions, the work of new institutional economics on organizational structure, and management studies of corporate governance. Using those tools, Stephen Bainbridge traces the process by which this new corporate governance system emerged, and explores whether such changes are desirable or effective.

Download or read book The Profit Motive written by Stephen M. Bainbridge and published by Cambridge University Press. This book was released on 2023-02-28 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Profit Motive offers a legal and economic defense of shareholder capitalism against proponents of corporate social responsibility.

Download or read book The Household written by Robert C. Ellickson and published by Princeton University Press. This book was released on 2010-08-02 with total page 270 pages. Available in PDF, EPUB and Kindle. Book excerpt: Some people dwell alone, many in family-based households, and an adventuresome few in communes. The Household is the first book to systematically lay bare the internal dynamics of these and other home arrangements. Legal underpinnings, social considerations, and economic constraints all influence how household participants select their homemates and govern their interactions around the hearth. Robert Ellickson applies transaction cost economics, sociological theory, and legal analysis to explore issues such as the sharing of household output, the control of domestic misconduct, and the ownership of dwelling units. Drawing on a broad range of historical and statistical sources, Ellickson contrasts family-based households with the more complex arrangements in medieval English castles, Israeli kibbutzim, and contemporary cohousing communities. He shows that most individuals, when structuring their home relationships, pursue a strategy of consorting with intimates. This, he asserts, facilitates informal coordination and tends ultimately to enhance the quality of domestic interactions. He challenges utopian critics who seek to enlarge the scale of the household and legal advocates who urge household members to rely more on written contracts and lawsuits. Ellickson argues that these commentators fail to appreciate the great advantages in the home setting of informally associating with a handful of trusted intimates. The Household is a must-read for sociologists, economists, lawyers, and anyone interested in the fundamentals of domestic life.

Download or read book The Failure of Corporate Law written by Kent Greenfield and published by ReadHowYouWant.com. This book was released on 2010-10-21 with total page 562 pages. Available in PDF, EPUB and Kindle. Book excerpt: When used in conjunction with corporations, the term public is misleading. Anyone can purchase shares of stock, but public corporations themselves are uninhibited by a sense of societal obligation or strict public oversight. In fact, managers of most large firms are prohibited by law from taking into account the interests of the public in de...

Download or read book Voice and Involvement at Work written by Paul J. Gollan and published by Routledge. This book was released on 2014-08-21 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the last decade, nonunion employee representation (NER) has become a much discussed topic in the fields of human resource management, employment relations, and employment/labor law. This book examines the purpose, structure, and performance of various types of employee representation bodies created by companies in non-union settings to promote collective forums for voice and involvement at the workplace. This unique volume presents the first longitudinal evidence on the performance, success, and failure of NER plans over an extended time period. Consisting of twelve detailed, in-depth case studies of actual NER plans in operation across four countries, this volume provides unparalleled evidence on such matters as: the motives behind the initial establishment of NER, different organizational forms of NER in industry, key success and failure factors over the long-term, pro and con evaluations for employers and employees, and more. Voice and Involvement at Work captures an unequalled international and comparative perspective through a wide cross-section of different NER forms.

Download or read book Systems of Employee Representation at the Enterprise written by Roger Blanpain and published by Kluwer Law International B.V.. This book was released on 2012-08-01 with total page 385 pages. Available in PDF, EPUB and Kindle. Book excerpt: Amid the trend towards decentralized industrial relations, various new and modified systems of employee representation are taking hold in many countries worldwide. In this highly informative examination of this field of international labour law – originally presented as a series of papers for the 11th JILPT Comparative Labor Law Seminar held in Tokyo in February 2012 – twelve distinguished scholars from Australia, China, France, Germany, Japan, Korea, Sweden, Taiwan, the United Kingdom, and the United States describe their countries’ current perspectives on this issue, along with their own analysis and commentary. Among the specific questions addressed for each jurisdiction are the following: What is the legal framework for an employee representation system? How is the representative body formed and what are its declared powers? Are there legal mechanisms preventing intervention by the employer? Are non-standard employees involved? What methods of deliberation and decision-making are used? How are the activities of representatives protected? Who bears the costs? What is the relationship with collective bargaining? With labour unions? Each contributor also describes typical ways in which the employee representative system works, offering concrete examples such as dismissal, wage determination, and equal treatment. Some deal with situations in which employee representation is in fact nonexistent or malfunctioning in real workplaces. There is also pervasive attention paid to the fundamental matter of what ‘representation’ is for, and the probable future direction of employee representation. Given the need to secure representation for non-union and non-standard employees at the workplace, these reports on the conditions and new developments in this important field provide ample basis on which to build a better system of employee representation in this era of diversified workforces in the globalized market. Accordingly, this book will prove of inestimable value to practitioners and policymakers in labour and employment law anywhere in the world.

Download or read book How Can HR Drive Growth written by George Saridakis and published by Edward Elgar Publishing. This book was released on 2013-01-01 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: The ten up-to date research reviews that are presented in this book provide new insights into the HR academic literature. The chapters provide clear lessons that can be learnt from, along with strategies, approaches and processes in which HR could be used by both practitioners and policy makers to drive growth. The book shows how suitable strategy can increase workforce knowledge, leadership skills, entrepreneurial spirit, organizational involvement, safety and well-being and how HR can enhance performance within small and large, private and public, single-site and multi-site firms. This book explores cross-disciplinary human resources literature and up-to-date trends and directions relevant to academics, research students, policy makers, the business world and other stakeholders.

Download or read book Corporate Governance written by Lawrence E. Mitchell and published by Taylor & Francis. This book was released on 2017-05-15 with total page 541 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Download or read book Limited Liability written by Stephen M. Bainbridge and published by Edward Elgar Publishing. This book was released on 2016-09-30 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: The modern corporation has become central to our society. The key feature of the corporation that makes it such an attractive form of human collaboration is its limited liability. This book explores how, by allowing those who form the corporation to limit their downside risk and personal liability to only the amount they invest, there is the opportunity for more risks taken at a lower cost.

Download or read book China s Long March Toward Rule of Law written by Randall Peerenboom and published by Cambridge University Press. This book was released on 2002-09-26 with total page 700 pages. Available in PDF, EPUB and Kindle. Book excerpt: China has enjoyed considerable economic growth in recent years in spite of an immature, albeit rapidly developing, legal system, a system whose nature, evolution and path of development have been poorly understood by scholars. Drawing on his legal and business experience in China as well as his academic background in the field, Peerenboom provides a detailed analysis of China's legal reforms. He argues that China is in transition from rule by law to a version of rule of law, though most likely not a liberal democratic version as found in economically advanced countries in the West. Maintaining that law plays a key role in China's economic growth, Peerenboom assesses reform proposals and makes his own recommendations. In addition to students and scholars of Chinese law, political science, sociology and economics, this will interest business professionals, policy advisors, and governmental and non-governmental agencies as well as comparative legal scholars and philosophers.

Download or read book Evolutions in Corporate Governance written by Alison L. Dempsey and published by Routledge. This book was released on 2017-09-08 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a world where the implications and consequences of corporate actions and decisions are potentially far-reaching and lasting, ethical standards − their observance and their breach − must be part of the language of business conduct, whether in the context of corporate transgressions, regulatory effectiveness, terms of engagement between business and their stakeholders, or the metrics used by investors in assessing performance and risk and understanding long-term value. This critically important book proposes a new paradigm for understanding, developing and maintaining standards of corporate governance. Its point of departure is not a position along the diverse paths of traditional corporate governance and regulatory theory, law and practice, nor specific questions of how to institute, implement and observe policies and practices that function as proxies for good governance. Instead, it starts with the idea of framing governance generally, and corporate governance specifically, as a matter of conduct that is guided by a set of fundamental ideals and principles. Evolutions in Corporate Governance attempts to answer the wider question of how to re-imagine a framework within which ‘good’ corporate governance − that takes account of and is responsible for the social, environmental, ethical as well as legal and economic dimensions of business conduct − is addressed alongside issues of profitability and competition, in the face of forces of globalization and business influence that are testing the limits of what can be accomplished by traditional law and regulation. Dempsey contends that meaningful change in behaviour will only come when there is a corporate governance framework that explicitly encompasses both law and ethics.

Download or read book Corporate Governance Regimes written by Joseph McCahery and published by Oxford University Press, USA. This book was released on 2002 with total page 728 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume provides an up-to-the-minute survey of the field of corporate governance, focusing particularly on issues of convergence and diversity. A number of topics are discussed including bankruptcy procedures, initial public offerings, the role of large stakes, comparative corporate governance, and institutional investors.

Download or read book How Can We Maximize Private Sector Participation in Transportation written by United States. Congress. House. Committee on Government Reform. Subcommittee on Energy Policy, Natural Resources, and Regulatory Affairs and published by . This book was released on 2004 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book An Economic Analysis of the University written by Jutta Merschen and published by ibidem-Verlag / ibidem Press. This book was released on 2012-02-13 with total page 308 pages. Available in PDF, EPUB and Kindle. Book excerpt: During the last few years, the German higher education landscape has witnessed an increase in the delegation of decision power from the state to the universities. In order to adapt to this new situation, universities are more and more looking at management structures, decision-making systems, and governance mechanisms as fundamental performance drivers. The objective of this dissertation is to provide an economic insight into the inner workings of universities in Germany, thus answering the question of how they should organize themselves in order to persist in times of economic, organizational, and competitive challenges. Special focus lies on the analysis of the role of faculty in participative university decision-making and its positive and negative effects on the university. Based on theoretical and empirical analysis, the dissertation outlines policy recommendations that may help to overcome the problems inherent in today’s university management and governance structures in Germany.

Download or read book Blockchain and the Law written by Primavera De Filippi and published by Harvard University Press. This book was released on 2018-04-09 with total page 196 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Blockchains will matter crucially; this book, beautifully and clearly written for a wide audience, powerfully demonstrates how.” —Lawrence Lessig “Attempts to do for blockchain what the likes of Lawrence Lessig and Tim Wu did for the Internet and cyberspace—explain how a new technology will upend the current legal and social order... Blockchain and the Law is not just a theoretical guide. It’s also a moral one.” —Fortune Bitcoin has been hailed as an Internet marvel and decried as the preferred transaction vehicle for criminals. It has left nearly everyone without a computer science degree confused: how do you “mine” money from ones and zeros? The answer lies in a technology called blockchain. A general-purpose tool for creating secure, decentralized, peer-to-peer applications, blockchain technology has been compared to the Internet in both form and impact. Blockchains are being used to create “smart contracts,” to expedite payments, to make financial instruments, to organize the exchange of data and information, and to facilitate interactions between humans and machines. But by cutting out the middlemen, they run the risk of undermining governmental authorities’ ability to supervise activities in banking, commerce, and the law. As this essential book makes clear, the technology cannot be harnessed productively without new rules and new approaches to legal thinking. “If you...don’t ‘get’ crypto, this is the book-length treatment for you.” —Tyler Cowen, Marginal Revolution “De Filippi and Wright stress that because blockchain is essentially autonomous, it is inflexible, which leaves it vulnerable, once it has been set in motion, to the sort of unforeseen consequences that laws and regulations are best able to address.” —James Ryerson, New York Times Book Review

Download or read book Capacity Participation and Values in Comparative Legal Perspective written by Camillia Kong and published by Policy Press. This book was released on 2023-05-31 with total page 271 pages. Available in PDF, EPUB and Kindle. Book excerpt: With contributions from an international team of experts, this collection provides a much-needed international, comparative approach to mental capacity law. The book focuses particularly on exploring substantive commonalities and divergences in normative orientation and practical application embedded in different legal frameworks. It draws together contributions from eleven different jurisdictions across Europe, Asia and the UK and explores what productive or unproductive values and practices currently exist. By providing a detailed comparison of how legal and ethical commitments to persons with disabilities are framed in capacity law across different national systems, the book highlights the values and practices that could lead to changes that better respect persons with disabilities in mental capacity regimes.