Download or read book Shining Light on Corporate Political Spending written by Lucian A. Bebchuk and published by . This book was released on 2012 with total page 62 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Shining Light on Corporate Political Spending written by Lucian A. Bebchuk and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Securities and Exchange Commission (SEC) is currently considering a rulemaking petition requesting that the SEC develop rules requiring that public companies disclose their spending on politics. The petition, which was submitted by a committee of ten corporate law professors that we co-chaired, has received unprecedented support, including comment letters from nearly half a million individuals. At the same time, the petition has also attracted opponents, including prominent members of Congress and business organizations. This Article puts forward a comprehensive, empirically grounded case for the rulemaking advocated in the petition. We present empirical evidence indicating that a substantial amount of corporate spending on politics occurs under investors' radar screens, and that shareholders have significant interest in receiving information about such spending. We argue that disclosure of corporate political spending is necessary to ensure that such spending is consistent with shareholder interests. We discuss the emergence of voluntary disclosure practices in this area and show why voluntary disclosure is not a substitute for SEC rules. We also provide a framework for the SEC's design of these rules. Finally, we consider and respond to ten objections that have been raised to disclosure rules of this kind. We show that all of the considered objections, both individually and collectively, provide no basis for opposing rules that would require public companies to disclose their spending on politics. We conclude that the case for such rules is strong. The SEC should develop rules requiring public companies to disclose their political spending.
Download or read book The Securities Exchange Act Is a Material Girl Living in a Material World written by J. W. Verret and published by . This book was released on 2015 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: This Article responds to a piece by Lucian Bebchuk and Robert Jackson, “Shining Light of Corporate Political Spending,” which argues in favor of a rulemaking petition submitted by the authors to initiate a mandatory rule pursuant to the Securities Exchange Act requiring companies to disclose political expenditures, including contributions to politically active non-profits. This Article explores the economic cost-benefit analysis requirements that constrain SEC rulemaking and argues that when making a mandatory disclosure rule the SEC must demonstrate that the subject of the disclosure is material to investors. It shows how Bebchuk and Jackson have not made a sufficient case that corporate political expenditures meet that materiality threshold, nor that a mandatory disclosure rule would meet the SEC's cost-benefit analysis requirements. This is true particularly in light of how a mandatory disclosure rule risks inhibiting corporate freedom of speech.
Download or read book How Corporate Political Spending Strains the Limits of the Business Judgment Rule written by David Rosenberg and published by . This book was released on 2014 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A number of agency issues arise when a corporation chooses to exercise its freedom of speech by making donations to a super PAC or other political organization. This article draws a distinction between contributions designed to influence legislation and regulation of the corporation and political donations that corporations justify as goodwill or community outreach. Analyzing the issue with an emphasis on the duty of loyalty, the article argues that much corporate political spending cannot really be understood as a business decision that should enjoy the protection of the business judgment rule. It also reflects on the Supreme Court's recent decision in Hobby Lobby to illuminate the nature of much corporate political spending. The article concludes that greater scrutiny of corporate political donations under the law of fiduciary duties will have two positive benefits: 1. it will prevent spending that is designed to enrich the corporate decision makers themselves; and 2. it will shine more light on spending that helps advance a corporation's own interests at the expense of the public good.
Download or read book The Non Expert Agency written by Bradley A. Smith and published by . This book was released on 2013 with total page 29 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past 15 years advocates of campaign finance reform, frustrated by the structure and design of the Federal Election Commission, have attempted to offload the duties of campaign finance regulation to other federal agencies, most notably the Internal Revenue Service but also the Federal Communications Commission and, most recently, the Securities Exchange Commission.We respond specifically to Professors Lucian A. Bebchuk & Robert J. Jackson, Jr., Shining Light on Corporate Political Spending, 101 Geo. L. J. 923 (2013), who urge the SEC to adopt compulsory disclosure rules to govern corporate political activity. We argue that whatever the theoretical merits of this position, the reality is that the current pressure on the SEC to take adopt new compulsory disclosure laws is a direct result of a desire to use the SEC to regulate not corporate governance or the world of investment and trading, but campaign finance. As a result, we suggest that any rules adopted are likely to be ill-advised and co-opted in the enforcement process. At the core of the theory of the independent agency is that it will develop a unique technical competence and will operate within that sphere of expertise. Pressure on the SEC (or other agencies) to regulate campaign finance takes these agencies out of their area of professional expertise and competence, and is thus likely to result in bad law, damage to institutional reputation, and a distraction from the agency's core mission.
Download or read book Corporate Political Responsibility written by Thomas P. Lyon and published by Cambridge University Press. This book was released on 2023-11-30 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: Behind closed doors, many large companies quietly use their political clout to influence public policy on social and environmental issues - often in a negative direction. This book seeks to create a new norm for responsible political behaviour by corporations. It brings together leading scholars of corporate political responsibility with leading organizations that have been working to support companies in adopting more responsible political practices. The contributors present new evidence on what motivates firms to become more responsible and how markets view corporate 'dark money' spending. They also explain how activists have pressed companies to play a more responsible role in politics. With a particular focus on climate change and the important role of corporate lobbying in supporting or blocking climate policy, this volume leads the way forward for researchers, activists and citizens who seek a future in which corporate political influence is transparent, accountable and responsible.
Download or read book The Political Economy of Financial Regulation written by Emilios Avgouleas and published by Cambridge University Press. This book was released on 2019-01-31 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: Examines the law and policy of financial regulation using a combination of conceptual analysis and strong empirical research.
Download or read book Affluence and Influence written by Martin Gilens and published by Princeton University Press. This book was released on 2012-07-22 with total page 348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why policymaking in the United States privileges the rich over the poor Can a country be a democracy if its government only responds to the preferences of the rich? In an ideal democracy, all citizens should have equal influence on government policy—but as this book demonstrates, America's policymakers respond almost exclusively to the preferences of the economically advantaged. Affluence and Influence definitively explores how political inequality in the United States has evolved over the last several decades and how this growing disparity has been shaped by interest groups, parties, and elections. With sharp analysis and an impressive range of data, Martin Gilens looks at thousands of proposed policy changes, and the degree of support for each among poor, middle-class, and affluent Americans. His findings are staggering: when preferences of low- or middle-income Americans diverge from those of the affluent, there is virtually no relationship between policy outcomes and the desires of less advantaged groups. In contrast, affluent Americans' preferences exhibit a substantial relationship with policy outcomes whether their preferences are shared by lower-income groups or not. Gilens shows that representational inequality is spread widely across different policy domains and time periods. Yet Gilens also shows that under specific circumstances the preferences of the middle class and, to a lesser extent, the poor, do seem to matter. In particular, impending elections—especially presidential elections—and an even partisan division in Congress mitigate representational inequality and boost responsiveness to the preferences of the broader public. At a time when economic and political inequality in the United States only continues to rise, Affluence and Influence raises important questions about whether American democracy is truly responding to the needs of all its citizens.
Download or read book The Oxford Handbook of American Election Law written by Eugene D Mazo and published by Oxford University Press. This book was released on 2024-11 with total page 1225 pages. Available in PDF, EPUB and Kindle. Book excerpt: Election law plays a critical role in regulating the political arena at a time when Americans are witnessing unprecedented levels of polarization. The Oxford Handbook of American Election Law provides a comprehensive overview of the field, a survey of core themes, and summaries of the most pressing debates. Bringing together 47 leading scholars of election law, the Handbook offers readers a clearly written guide to aid navigation through this complex area, tackling controversial issues and situating them within the field's ongoing scholarly dialogue. Unparalleled in the breadth and depth of its coverage, The Oxford Handbook of American Election Law is an invaluable resource for scholars, students, policymakers, and practitioners.
Download or read book We the Corporations How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Download or read book The SAGE Handbook of International Corporate and Public Affairs written by Phil Harris and published by SAGE. This book was released on 2016-06-30 with total page 729 pages. Available in PDF, EPUB and Kindle. Book excerpt: The new edition of this book includes increased international coverage of the field, and a strong focus on emerging trends, as well as providing a comprehensive overview of the foundations and key aspects of the discipline.
Download or read book Power Policy and Profit written by Christina Garsten and published by Edward Elgar Publishing. This book was released on 2017-10-27 with total page 241 pages. Available in PDF, EPUB and Kindle. Book excerpt: Power, Policy and Profit investigates the manifold ways in which corporate actors attempt to broadly influence political activities. With intensified globalization of markets, the restructuring of provisions of welfare services and accumulation of private capital opportunities for corporate influence in politics affairs have multiplied. Bringing together scholars from different fields in the study of global governance, the volume addresses the rising influence and power of corporate actors on the national and transnational political scene.
Download or read book Campaign Finance American Democracy written by David M. Primo and published by University of Chicago Press. This book was released on 2020-11-13 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: In recent decades, and particularly since the US Supreme Court’s controversial Citizens United decision, lawmakers and other elites have told Americans that stricter campaign finance laws are needed to improve faith in the elections process, increase trust in the government, and counter cynicism toward politics. But as David M. Primo and Jeffrey D. Milyo argue, politicians and the public alike should reconsider the conventional wisdom in light of surprising and comprehensive empirical evidence to the contrary. Primo and Milyo probe original survey data to determine Americans’ sentiments on the role of money in politics, what drives these sentiments, and why they matter. What Primo and Milyo find is that while many individuals support the idea of reform, they are also skeptical that reform would successfully limit corruption, which Americans believe stains almost every fiber of the political system. Moreover, support for campaign finance restrictions is deeply divided along party lines, reflecting the polarization of our times. Ultimately, Primo and Milyo contend, American attitudes toward money in politics reflect larger fears about the health of American democracy, fears that will not be allayed by campaign finance reform.
Download or read book Strategy Beyond Markets written by John M. de Figueiredo and published by Emerald Group Publishing. This book was released on 2016-04-27 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strategy Beyond Markets is organized around three themes: Public Politics, Private Politics, and Integrated Political Strategy. The book explores the way these strategies influence political environments, firms and corporations.
Download or read book The National System of Political Economy written by Friedrich List and published by . This book was released on 1904 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Challenging Boardroom Homogeneity written by Aaron A. Dhir and published by Cambridge University Press. This book was released on 2015-04-30 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: The lack of gender parity in the governance of business corporations has ignited a heated global debate, leading policymakers to wrestle with difficult questions that lie at the intersection of market activity and social identity politics. Drawing on semi-structured interviews with corporate board directors in Norway and documentary content analysis of corporate securities filings in the United States, Challenging Boardroom Homogeneity empirically investigates two distinct regulatory models designed to address diversity in the boardroom: quotas and disclosure. The author's study of the Norwegian quota model demonstrates the important role diversity can play in enhancing the quality of corporate governance, while also revealing the challenges diversity mandates pose. His analysis of the US regime shows how a disclosure model has led corporations to establish a vocabulary of 'diversity'. At the same time, the analysis highlights the downsides of affording firms too much discretion in defining that concept. This book deepens ongoing policy conversations and offers new insights into the role law can play in reshaping the gendered dynamics of corporate governance cultures.
Download or read book Democracy by the People written by Timothy K. Kuhner and published by Cambridge University Press. This book was released on 2018-11-29 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduces citizens to solutions for reforming the American campaign finance system.
