Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Enforcement (2)
- 43 U.S. 497 (1844) (1)
- 572 F.3d at 681-85 (1)
- Aggregate entity theory (1)
- American Corporate Jurisprudence (1)
-
- Artificial entity theory (1)
- CMS (1)
- CSR codes (1)
- Claims (1)
- Codes of conduct (1)
- Contracts (1)
- Coordinated Market Economies (1)
- Corporate Codes (1)
- Corporate Social Responsibility Codes (1)
- Corporate legal personality (1)
- Disciplining Power (1)
- Doe I (1)
- Doe v. Wal-Mart Stores (1)
- Economic cultures (1)
- Economic democracy (1)
- Globalization (1)
- Hugh Swinton Legaré (1)
- LME (1)
- Legal Doctrine (1)
- Liberal Market Economies (1)
- Louisville Cincinnati & Charleston R. Co. v. Letson (1)
- Private Law (1)
- Production Regimes (1)
- Real entity theory (1)
- Theorizing the corporation in the U.S. (1)
Articles 1 - 3 of 3
Full-Text Articles in Business
Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits
Enforcing Corporate Social Responsibility Codes Under Private Law: On The Disciplining Power Of Legal Doctrine, Jan M. Smits
Indiana Journal of Global Legal Studies
A central question in the debate on corporate social responsibility is to what extent CSR codes can be enforced among private parties. This contribution argues that this question is best answered by reference to the applicable doctrinal legal system. Such a doctrinal approach has recently regained importance in American scholarship, while it is still the prevailing method of legal analysis in Europe. Applying a doctrinal analysis of CSR codes allows for the possibility of private law enforcement, that is, enforcement by means of contract or tort, dependent on three different elements: the exact type of claim that is brought, the …
Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner
Corporate Codes In The Varieties Of Capitalism: How Their Enforcement Depends On The Differences Among Production Regimes, Gunther Teubner
Indiana Journal of Global Legal Studies
Globalization has reinforced the conflicts among the varieties of capitalism. The colliding units are not just nation states, but transnational production regimes, which cut through national boundaries. The conflicts lead global corporate codes, which are developed by international organizations, to take different directions when they are concretized on the enterprise level. They will be differently enforced according to whether they are located in Liberal Market Economies (LME), adapted to the New Sovereignty of enterprises, or in Coordinated Market Economies (CME) with greater components of social welfare state and economic democracy.
Different patterns of enforcement emerge particularly when the courts have …
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Indiana Journal of Global Legal Studies
In interpreting and evaluating the history of the Supreme Court's corporate jurisprudence, legal scholars have deployed three broad theories of corporate legal personality: the aggregate entity theory, the artificial entity theory, and the real entity theory. While these theories are powerful ways of conceptualizing the corporation, this article shows that they have not been as central to the Supreme Court's corporate jurisprudence as recent scholarship suggests. It instead argues that historic transformations in the high court's corporate jurisprudence are best understood in light of contemporary intellectual currents rather than through an expost facto application of the aggregate, artificial, and real …