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Articles 151 - 168 of 168
Full-Text Articles in Entire DC Network
A New Era For Corporate Law: Using Corporate Governance Law To Benefit All Stakeholders, Kent Greenfield
A New Era For Corporate Law: Using Corporate Governance Law To Benefit All Stakeholders, Kent Greenfield
Kent Greenfield
No abstract provided.
New Principles For Company Law, Kent Greenfield
Fighting For Equality, And Losing, Kent Greenfield
Fighting For Equality, And Losing, Kent Greenfield
Kent Greenfield
No abstract provided.
Both Sides [Now]: Higher Education Institutions Have A Right To Dissent Without Losing Federal Money, Kent Greenfield
Both Sides [Now]: Higher Education Institutions Have A Right To Dissent Without Losing Federal Money, Kent Greenfield
Kent Greenfield
No abstract provided.
The Failure Of Corporate Law: Fundamental Flaws And Progressive Possibilities, Kent Greenfield
The Failure Of Corporate Law: Fundamental Flaws And Progressive Possibilities, Kent Greenfield
Kent Greenfield
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 decision making, if doing so hurts shareholders. But this has not always been the case, as until the beginning of the twentieth century, public corporations were deemed to have important civic responsibilities.
With The Failure of Corporate Law, Kent Greenfield hopes to return corporate law to …
Unconstitutional Constitution Day, Kent Greenfield
Unconstitutional Constitution Day, Kent Greenfield
Kent Greenfield
No abstract provided.
In Closing: Fighting Might With Rights, Kent Greenfield
In Closing: Fighting Might With Rights, Kent Greenfield
Kent Greenfield
No abstract provided.
Imposing Inequality On Law Schools, Kent Greenfield
Imposing Inequality On Law Schools, Kent Greenfield
Kent Greenfield
No abstract provided.
It's Time To Federalize Corporate Charters, Kent Greenfield
It's Time To Federalize Corporate Charters, Kent Greenfield
Kent Greenfield
No abstract provided.
September 11 And The End Of History For Corporate Law, Kent Greenfield
September 11 And The End Of History For Corporate Law, Kent Greenfield
Kent Greenfield
Using the tragic events of September 11th as case study; this Essay critiques a prominent, recent article that suggests the ideology of shareholder primacy has become so dominant that the "end of history" is at hand for corporate law. The author suggests that a dedication to shareholder primacy helped create the context in which the events of September 11th could occur, by making the airlines less attentive to security concerns that did not affect the airline companies' stock prices. Shareholder primacy makes corporations more likely to externalize the costs of the firms' decisions onto constituencies other than shareholders, and such …
Using Behavioral Economics To Show The Power And Efficiency Of Corporate Law As Regulatory Tool, Kent Greenfield
Using Behavioral Economics To Show The Power And Efficiency Of Corporate Law As Regulatory Tool, Kent Greenfield
Kent Greenfield
Prepared for the Daniel J. Dykstra Corporate Governance Symposium at University of California, Davis, in February 2001, this article argues that changes in corporate governance in the United States - specifically the relaxation of the profit maximization norm, the broadening of management's fiduciary duties to include workers, and the inclusion of worker representatives on boards of directors - are likely to be efficient means of reaching certain preferred policy outcomes, such as an increase in the wages of working people and a decrease in income inequality. Instead of being seen as "private law," corporate law should be regarded as a …
Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield
Ultra Vires Lives! A Stakeholder Analysis Of Corporate Illegality (With Notes On How Corporate Law Could Reinforce International Law Norms), Kent Greenfield
Kent Greenfield
This paper argues that a remaining vestige of the ultra vires doctrine sets off illegal activities as "beyond the power" of corporations. Though largely unnoticed and unexamined until now, this part of the doctrine has been retained because none of the important corporate stakeholders has an interest in authorizing the corporation and its managers to commit illegal acts. From an ex ante perspective, the principal stakeholders in the corporate contract would want the corporation and its management to forego illegalities as a way to increase the value of the firm. Any of the stakeholders would be a potential victim of …
From Metaphor To Reality In Corporate Law, Kent Greenfield
From Metaphor To Reality In Corporate Law, Kent Greenfield
Kent Greenfield
This essay is in response to a commentary by Professor David Millon, who ably argues in the same journal that a dependence on metaphor drives much of the debate within corporate law jurisprudence and corporate law scholarship. This essay joins Millon in his criticism.
For decades, scholars have used metaphors -- corporation as person, corporation as creature of the state, corporation as property, corporation as contract, corporation as community, to name the most prominent -- as justifications for the imposition of, or freedom from, legal and ethical requirements. The metaphors are often taken as self-evident. The legal and ethical arguments …
There's A Forest In Those Trees: Teaching About The Role Of Corporations In Society, Kent Greenfield
There's A Forest In Those Trees: Teaching About The Role Of Corporations In Society, Kent Greenfield
Kent Greenfield
This paper was prepared for the University of Georgia School of Law Conference on Teaching Corporate Law, October 16, 1999. The paper argues that the basic corporate law course should focus much more on the questions surrounding the role of the corporation in society. In the typical corporate law course, little attention is given to the broad question of the position of the corporation within society at large or the narrower question of the relationship between the corporation and workers. The lack of consideration of these issues is odd indeed, since corporate law (like all law) is understandable only within …
Truth Or Consequences: If A Company Lies, Employees Should Be Able To Sue, Kent Greenfield
Truth Or Consequences: If A Company Lies, Employees Should Be Able To Sue, Kent Greenfield
Kent Greenfield
Reprinted as "Workers Should Be Able to Sue Over Lies," Salt Lake City Tribune, July 5, 1998;
"It's Illegal to Lie to Stockholders, But Not to Employees," Sacramento Bee, July 6, 1998 ;
"If Company Lies, Allow Workers to Sue," Des Moines Register, July 7, 1998.
From Rights To Regulation In Corporate Law, Kent Greenfield
From Rights To Regulation In Corporate Law, Kent Greenfield
Kent Greenfield
No abstract provided.
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Cruelty And Original Intent: A Socratic Dialogue, Kent Greenfield
Kent Greenfield
Reprinted in Boston College Law School Magazine 5 (Fall 1996): 27- 31
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Original Penumbras: Constitutional Interpretation In The First Year Of Congress, Kent Greenfield
Kent Greenfield
No abstract provided.