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 The Misunderstood Genius of American Corporate Law written by Robert B. Ahdieh and published by . This book was released on 2012 with total page 57 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the standard rhetoric of the corporate law literature, federalism is quot;the genius of American corporate lawquot; - an engine of efficiency, motivating a race (or at least a leisurely walk) to the top. Some have dissented, suggesting that the prevailing wisdom is wrong as to either the direction or the vitality of the promised race. But the latter critiques are too forgiving. The standard account misunderstands the basic question; its answer, as such, is not even wrong. Rather than weighing in on the quot;race debate,quot; thus, I challenge the fundamentally flawed discourse behind it. I offer a distinct framework for evaluating the role of federalism in American corporate governance, which points to distinct measures of efficiency and a reinvigorated study of institutional design in corporate law.To begin, I challenge the literature's merger of two distinct competitions - state and managerial - into one. More critically, I decry the resulting linkage between corporate law's central goal-efficient regulation of the separation of ownership and control - and the central element of its institutional design - federalism. That rhetorical linkage has led us astray in important respects: First, it has bootstrapped a role for federalism in advancing not merely the quality of corporate law, but also the substantive quality of corporate governance. Second, it has essentialized the role of federalism, casting it as indispensable to the production of good law. Dominant as these conceptions are in the discourse of corporate law, neither is true.I suggest an alternative account of federalism's contribution to American corporate governance. Federalism is not directed to the traditional goal of corporate law - regulation of the vertical separation of ownership and control within the firm. Rather, it advances a distinct, horizontal goal of regulating the relationship of the firm as a whole with state regulators external to it. Given as much, a federal regime is not dictated by a commitment to efficiency in corporate law. Rather, it is an institutional design choice, to be evaluated for its efficacy and utility - as well as its limitations - in one area of corporate law versus another.
Download or read book Genius for Justice written by José Felipé Anderson and published by Carolina Academic Press LLC. This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: Dr. Charles Hamilton Houston was an outstanding Harvard-trained Supreme Court lawyer for the NAACP. As Dean of Howard University Law School, he mentored future Supreme Court Justice Thurgood Marshall. As architect of the Brown v. Board of Education case, he is often called the man who killed "Jim Crow." This unsung African-American hero also transformed American law in labor, criminal justice, and the First Amendment.
Download or read book The Genius of American Politics written by Daniel J. Boorstin and published by University of Chicago Press. This book was released on 1958-10-15 with total page 211 pages. Available in PDF, EPUB and Kindle. Book excerpt: How much of our political tradition can be absorbed and used by other peoples? Daniel Boorstin's answer to this question has been chosen by the Carnegie Corporation of New York for representation in American Panorama as one of the 350 books, old and new, most descriptive of life in the United States. He describes the uniqueness of American thought and explains, after a close look at the American past, why we have not produced and are not likely to produce grand political theories or successful propaganda. He also suggests what our attitudes must be toward ourselves and other countries if we are to preserve our institutions and help others to improve theirs. ". . . a fresh and, on the whole, valid interpretation of American political life."—Reinhold Niebuhr, New Leader
Download or read book The Genius of America written by Eric Lane and published by Bloomsbury Publishing USA. This book was released on 2010-08-10 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: Due to a combination of heightened frustration, moves to skirt the constitutional process, and a widespread disconnect between the people and their constitutional "conscience," Lane and Oreskes warn us our longstanding Democracy is at risk. Together, they examine the Constitution's history relative to this current crisis, from its framing to its centuries-long success, including during some of the country's most turbulent and contentious times, and challenge us to let this great document work as it was designed-valuing political process over product. They hold our leaders accountable, calling on them to stop fanning the flames of division and to respect their institutional roles. In the final assessment, The Genius of America asks us to lean on the framers and their experience to secure our country's wellbeing.
Download or read book No Contest written by Ralph Nader and published by Random House. This book was released on 1998-12-22 with total page 461 pages. Available in PDF, EPUB and Kindle. Book excerpt: The legal rights of Americans are threatened as never before. In No Contest, Ralph Nader and Wesley J. Smith reveal how power lawyers--Kenneth Starr perhaps the most notorious among them--misuse and manipulate the law at the expense of fairness and equity. Nader and Smith document how corporate lawyers File baseless lawsuits Use court secrecy to their unfair advantage Engage in billing fraud Nader and Smith sound the warning that this system-wide abuse is eroding our basic legal rights, and propose a positive, commonsense vision of what should be done to reverse the corporate-inspired corruption of civil justice. Timely, incisive, and highly readable, this is a book for all citizens who believe that prompt access to justice is the backbone of democracy, and a precious right to be reclaimed.
Download or read book Genius of Place written by Justin Martin and published by Da Capo Press. This book was released on 2011-05-31 with total page 494 pages. Available in PDF, EPUB and Kindle. Book excerpt: This definitive, first full-scale biography of Olmsted--famed designer of New York's Central Park--reveals him also as a brilliant political and social reformer.
Download or read book A Capitalism for the People written by Luigi Zingales and published by Basic Books. This book was released on 2014-02-11 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Born in Italy, University of Chicago economist Luigi Zingales witnessed firsthand the consequences of high inflation and unemployment -- paired with rampant nepotism and cronyism -- on a country's economy. This experience profoundly shaped his professional interests, and in 1988 he arrived in the United States, armed with a political passion and the belief that economists should not merely interpret the world, but should change it for the better. In A Capitalism for the People, Zingales makes a forceful, philosophical, and at times personal argument that the roots of American capitalism are dying, and that the result is a drift toward the more corrupt systems found throughout Europe and much of the rest of the world. American capitalism, according to Zingales, grew in a unique incubator that provided it with a distinct flavor of competitiveness, a meritocratic nature that fostered trust in markets and a faith in mobility. Lately, however, that trust has been eroded by a betrayal of our pro-business elites, whose lobbying has come to dictate the market rather than be subject to it, and this betrayal has taken place with the complicity of our intellectual class. Because of this trend, much of the country is questioning -- often with great anger -- whether the system that has for so long buoyed their hopes has now betrayed them once and for all. What we are left with is either anti-market pitchfork populism or pro-business technocratic insularity. Neither of these options presents a way to preserve what the author calls "the lighthouse" of American capitalism. Zingales argues that the way forward is pro-market populism, a fostering of truly free and open competition for the good of the people -- not for the good of big business. Drawing on the historical record of American populism at the turn of the twentieth century, Zingales illustrates how our current circumstances aren't all that different. People in the middle and at the bottom are getting squeezed, while people at the top are only growing richer. The solutions now, as then, are reforms to economic policy that level the playing field. Reforms that may be anti-business (specifically anti-big business), but are squarely pro-market. The question is whether we can once again muster the courage to confront the powers that be.
Download or read book The Genius of the Common Law written by Frederick Pollock and published by . This book was released on 1912 with total page 166 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book A Very Stable Genius written by Philip Rucker and published by Penguin. This book was released on 2020-01-21 with total page 482 pages. Available in PDF, EPUB and Kindle. Book excerpt: The instant #1 bestseller. “This taut and terrifying book is among the most closely observed accounts of Donald J. Trump’s shambolic tenure in office to date." - Dwight Garner, The New York Times Washington Post national investigative reporter Carol Leonnig and White House bureau chief Philip Rucker, both Pulitzer Prize winners, provide the definitive insider narrative of Donald Trump’s presidency “I alone can fix it.” So proclaimed Donald J. Trump on July 21, 2016, accepting the Republican presidential nomination and promising to restore what he described as a fallen nation. Yet as he undertook the actual work of the commander in chief, it became nearly impossible to see beyond the daily chaos of scandal, investigation, and constant bluster. In fact, there were patterns to his behavior and that of his associates. The universal value of the Trump administration was loyalty—not to the country, but to the president himself—and Trump’s North Star was always the perpetuation of his own power. With deep and unmatched sources throughout Washington, D.C., Carol Leonnig and Philip Rucker reveal the forty-fifth president up close. Here, for the first time, certain officials who felt honor-bound not to divulge what they witnessed in positions of trust tell the truth for the benefit of history. A peerless and gripping narrative, A Very Stable Genius not only reveals President Trump at his most unvarnished but shows how he tested the strength of America’s democracy and its common heart as a nation.
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 Foundations of Corporate Law written by Roberta Romano and published by Foundation Press. This book was released on 2010 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most comprehensive and interdisciplinary anthology of corporate law material available, this reader reflects the enormous changes that have occurred in business organization and legal scholarship since the hostile takeover was introduced in the 1980s. The second edition has both completely revised and expanded the material covered in the first edition. New and revised topics include capital markets, agency theory, behavioral economics, state competition for corporate charters, boards of directors, shareholder voting rights, executive compensation, activist investors, takeovers, securities regulation and comparative corporate governance.
Download or read book Litigation Discovery and Corporate Governance written by Érica Gorga and published by . This book was released on 2014 with total page 116 pages. Available in PDF, EPUB and Kindle. Book excerpt: Strikingly absent from the entire corporate governance and corporate litigation debate is a unique feature of American civil procedure that deserves special attention: the modern civil discovery regime. This Article attempts to fill this gap. We argue that modern discovery -- first established by the Federal Rules of Civil Procedure in 1938 -- has had a profound impact on the evolution of shareholder litigation, corporate governance, and the culture of corporate disclosure in the United States.This Article shows that (1) litigation discovery, and its threat, have driven and structured the process of corporate shareholder litigation; (2) the information generated by discovery has stimulated the development of case law defining shareholder rights and managerial duties; (3) the episodic legal demands for detailed corporate internal information (and the threat of discovery) have induced incremental improvements in corporate governance practices, including more exacting decision procedures, internal monitoring, recordkeeping, and disclosure; (4) highly developed, continuously evolving discovery practices have established templates for independent corporate internal investigations by boards and regulators; and (5) discovery has given regulators steady insight into changing corporate internal practices and patterns of wrongdoing to which regulators have responded with broad legal and regulatory changes. This Article concludes that litigation discovery serves, inter alia, as a form of ex post disclosure, which complements and enforces ex ante disclosure under the federal securities laws. These observations have important normative implications for legal transplants and the enforcement debate. Among other things, this Article cautions against legal transplants of U.S.-style securities disclosure, aggregate litigation mechanisms, and other enforcement mechanisms without considering appropriate tools for investigating corporate internal wrongdoing ex post, and points to problems in the empirical literature on U.S. shareholder litigation outcomes. It also questions current proposed reforms to the federal discovery rules.
Download or read book The Foundations of Anglo American Corporate Fiduciary Law written by David Kershaw and published by Cambridge University Press. This book was released on 2018-08-23 with total page 549 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the foundations and evolution of modern corporate fiduciary law in the United States and the United Kingdom. Today US and UK fiduciary law provide very different approaches to the regulation of directorial behaviour. However, as the book shows, the law in both jurisdictions borrowed from the same sources in eighteenth- and nineteenth-century English fiduciary and commercial law. The book identifies the shared legal foundations and authorities and explores the drivers of corporate fiduciary law's contemporary divergence. In so doing it challenges the prevailing accounts of corporate legal change and stability in the US and the UK.
Download or read book Routledge Handbook of Corporate Law written by Roman Tomasic and published by Routledge. This book was released on 2016-11-10 with total page 493 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Routledge Handbook of Corporate Law provides an accessible overview of current research in the field, from an international and comparative perspective. In recent years there has been an explosion of corporate law research, as this area of law continues to develop rapidly throughout the world. Traditionally, Anglo–American corporate law theory has dominated debates and publications; however, this handbook readdresses the balance by exploring the treatment of corporate law in both Europe and Asia, as well developments in the US and UK. Bringing together a wide range of key thinkers in the field, this volume is divided into three main parts: Thinking about corporate law Corporate law principles and governance Some cross-cultural comparisons Providing up-to-date and authoritative articles covering all the key aspects of corporate law, this reference work is essential reading for advanced students, scholars and practitioners in the field.
Download or read book Comparative Company Law written by Andreas Cahn and published by Cambridge University Press. This book was released on 2018-10-04 with total page 1095 pages. Available in PDF, EPUB and Kindle. Book excerpt: Presents in-depth, comparative analyses of German, UK and US company laws illustrated by leading cases, with German cases in English translation.
Download or read book Corporate Governance in the Shadow of the State written by Marc Moore and published by Bloomsbury Publishing. This book was released on 2013-03-01 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over recent decades corporate governance has developed an increasingly high profile in legal scholarship and practice, especially in the US and UK. But despite widespread interest, there remains considerable uncertainty about how exactly corporate governance should be defined and understood. In this important work, Marc Moore critically analyses the core dimensions of corporate governance law in these two countries, seeking to determine the fundamental nature of corporate governance as a subject of legal enquiry. In particular, Moore examines whether Anglo-American corporate governance is most appropriately understood as an aspect of 'private' (facilitative) law, or as a part of 'public' (regulatory) law. In contrast to the dominant contractarian understanding of the subject, which sees corporate governance as an institutional response to investors' market-driven private preferences, this book defines corporate governance as the manifestly public problem of securing the legitimacy – and, in turn, sustainability – of discretionary administrative power within large economic organisations. It emphasises the central importance of formal accountability norms in legitimating corporate managers' continuing possession and exercise of such power, and demonstrates the structural necessity of mandatory public regulation in this regard. In doing so it highlights the significant and conceptually irreducible role of the regulatory state in determining the key contours of the Anglo-American corporate governance framework. The normative effect is to extend the state's acceptable policy-making role in corporate governance, as an essential supplement to private ordering dynamics. Shortlisted for The Peter Birks Prize for Outstanding Legal Scholarship 2013.
