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Full-Text Articles in Business
Parag Khanna, Connectography: Mapping The Future Of Global Civilization (2016), Sudipto Sarkar
Parag Khanna, Connectography: Mapping The Future Of Global Civilization (2016), Sudipto Sarkar
Markets, Globalization & Development Review
Parag Khanna’s world tour through “Connectography: Mapping the Future of Global Civilization” provides the reader with vivid details of a connected world that we live in. The prime message of this book is connecting the global nodes through building infrastructure starting from oil pipelines to fibre optic cables. Exploring diverse arenas, this book gives an overview why “connectivity” is important for the entire world and not only for the selected few. Khanna’s pervading visionary approach covers bits and pieces of almost everything to make the world connected for future prosperity. However, a question still remains about how consistently his views …
Dark Tourism And The Cadaveric Carnival: Mediating Life And Death Narratives At Gunter Von Hagens' Body Worlds, Philip Stone Dr
Dark Tourism And The Cadaveric Carnival: Mediating Life And Death Narratives At Gunter Von Hagens' Body Worlds, Philip Stone Dr
Dr Philip Stone
Death is universal, yet dying is not. Consequently, within contemporary secularised society, the process of dying has largely been relocated from the familiar environs of the family and community to a back region of medical and death industry professionals. It is argued that this institutional sequestration of death has made modern dying ‘bad’ against a romantic portrayal of a death with dignity, or a ‘good’ death. Moreover, the structural analysis of death reveals issues of ontological security and mortality meaning for the Self. This paper, therefore, adds to that analysis, and specifically examines the construction of mortality meaning within the …
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Seattle University Law Review
On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”
Opening Remarks, Chancellor William B. Chandler Iii
Opening Remarks, Chancellor William B. Chandler Iii
Seattle University Law Review
Law is, in many ways, a backwards-looking field. We litigate over facts that have already occurred, challenge deals that have already been signed, and apply rules of decision based on previously-established precedent or statutes already enacted. To the extent that this Center and the symposium reflect on Berle’s work, they too are an exercise in looking back. Indeed, some might say the establishment of a Center named in Berle’s honor is a monument to the past.
Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch
Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch
Seattle University Law Review
The Modern Corporation & Private Property is a paradigm-shifting analysis of the modern corporation. The book is perhaps best known for the insights of Berle and Means about the separation of ownership from control and the consequences of that separation for the allocation of power within the corporation. The Berle and Means story focuses on the shareholder as the owner of the corporation. Berle and Means saw the mechanism of centralized management—in which the shareholder retains the economic interest but not the control rights associated with ownership—as threatening the conception of shareholder interests in terms of property rights. In particular, …
Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii
Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii
Seattle University Law Review
In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …
The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman
The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman
Seattle University Law Review
Classic works, Mark Mizruchi and Lisa Fein argued, share a particular fate. Authors often cite classic works without reading them—or without reading them carefully. . . . Yet perhaps no single work fits the above description better than one of the most important books on the large corporation ever published: Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property. One can speculate that few works in the social sciences have been as often cited and as little read. As a consequence, we would expect The Modern Corporation to be a good candidate for either selective interpretation or …
Berle And The Entrepreneur, Charles R.T. O'Kelley
Berle And The Entrepreneur, Charles R.T. O'Kelley
Seattle University Law Review
In the first and last four chapters (“the Five Chapters”) of The Modern Corporation and Private Property, Adolf Berle, Jr. describes in sweeping terms a fundamental transformation of the American economy. . . . Writing more than ten years before Berle, another seminal scholar, Frank Knight . . . developed a theory of the entrepreneur as part of his larger effort to more carefully explain the theoretical underpinnings of a free-market economy. . . . Given Knight’s prominence and the fact that Knight apparently reached dramatically different conclusions than did Berle concerning the consequences flowing from separation of ownership …
Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces
Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces
Seattle University Law Review
Adolf Berle and Gardiner Means painted what remains a defining portrait of corporate law. The separation of ownership and control they described and the agency costs it causes are still a central concern of the law of corporate governance. For that reason, Berle’s work is relevant nearly eighty years after its publication. Seemingly forgotten, however, is that Berle’s enduring description of the corporate structure was published before most of today’s corporate law was in place. His work preceded the Securities Act of 1933 and the Securities Exchange Act of 1934 and even preceded the dominance of Delaware common law in …
Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda
Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda
Seattle University Law Review
Berle and Means’s analysis of the corporation—in particular, their view that those in control are not the owners of the corporation—raises questions about actions that corporations take to counter concerns regarding management’s influence. What mechanisms, if any, do corporations implement to balance the distribution of power in the corporation? To address this question, we analyze boards of directors’ propensity to voluntarily adopt recommended corporate governance practices. Because board independence is one way to enhance shareholders’ ability to monitor management, we probe whether firms with independent boards of directors (which we define as boards with either an independent chair or a …
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Seattle University Law Review
We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.
The New Financial Assets: Separating Ownership From Control, Tamar Frankel
The New Financial Assets: Separating Ownership From Control, Tamar Frankel
Seattle University Law Review
In The Modern Corporation and Private Property, Adolf A. Berle and Gardiner Means wrote about the separation of ownership from control in corporations. They noted that the interests of the controlling directors and managers can diverge from those of the shareholder owners of the firm. . . . There are those who consider such a decoupling beneficial. Others express the same concern that Berle and Means have expressed. And depending on what one focuses on in viewing the pluses and minuses of these separations, one could reach different conclusions. I reach a number of conclusions. First, the separation of …
Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot
Enumerating Old Themes? Berle’S Concept Of Ownership And The Historical Development Of English Company Law In Context, Lorraine E. Talbot
Seattle University Law Review
This paper offers some tentative suggestions as to why Berle’s work has been read and interpreted so selectively in the United Kingdom. I suggest that this must be partly attributable to the historical developments in English company law that entrenched the notion of shareholder ownership claims. Specifically, unincorporated associations’ normative values—that members are owners and there is no distinction between small organizations with no share dispersal and large organizations with wide share dispersal—have a continuing influence on this entrenched notion of shareholder ownership claims. First, I provide an overview of the origins of English company law. Next, I address how …
Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter
Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter
Seattle University Law Review
This essay, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers (in this case, bankers) to take excessive risks that in the present financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications …
The Birth Of Corporate Governance, Harwell Wells
The Birth Of Corporate Governance, Harwell Wells
Seattle University Law Review
Part I of this Article briefly examines the concept of “corporate governance” and argues for dating the concept’s origins to the debates of the 1920s. Part II then moves on to examine early scholarly and popular discussions of the separation of ownership and control. After surveying the historical developments that produced the recognizably modern corporate economy around the turn of the century, it examines early scholarly and popular discussions of the separation of ownership and control, focusing on three major thinkers, Louis D. Brandeis, Walter Lippmann, and Thorstein Veblen. It argues that, while each of these authors examined the separation …
Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter
Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter
Seattle University Law Review
Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …
See No Evil? Revisiting Early Visions Of The Social Responsibility Of Business: Adolf A. Berle’S Contribution To Contemporary Conversations, Erika George
Seattle University Law Review
Much corporate legal scholarship considers such fact patterns as beyond the scope of the discipline’s core concerns. Yet, increasingly, questions are asked concerning the scale and scope of modern corporate power. This Article will challenge the conventional understanding of what the core discipline of corporate law should encompass and argues that the failure to focus on precisely these sorts of factual scenarios involving allegations of corporate complicity in human rights violations and environmental degradation is misguided and short-sighted.
Then And Now: Professor Berle And The Unpredictable Shareholder, Jennifer G. Hill
Then And Now: Professor Berle And The Unpredictable Shareholder, Jennifer G. Hill
Seattle University Law Review
Shareholders, and the relationship between shareholders and management, lay at the heart of Professor Berle’s scholarship. The goal of this Article is to compare the image of shareholders emerging from The Modern Corporation and Private Property and the Berle/Dodd debate with a range of contemporary visions of the shareholder that underpin some international regulatory responses to recent financial debacles, from Enron to the current global financial crisis. As the Article dis- cusses, these recent developments in the era of financial crises have prompted a reevaluation of the traditional image of the shareholder—and the role of the shareholder in the modern …
Neo-Brandeisianism And The New Deal: Adolf A. Berle, Jr., William O. Douglas, And The Problem Of Corporate Finance In The 1930s, Jessica Wang
Seattle University Law Review
This essay revisits Adolf A. Berle, Jr. and The Modern Corporation and Private Property by focusing on the triangle of Berle, Louis D. Brandeis, and William O. Douglas in order to examine some of the underlying assumptions about law, economics, and the nature of modern society behind securities regulation and corporate finance in the 1930s. I explore Douglas and Berle’s academic and political relationship, the conceptual underpinnings of Brandeis, Berle, and Douglas’s critiques of modern finance, and the ways in which the two younger men—Berle and Douglas—ultimately departed from their role model, Brandeis.
Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux
Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux
Seattle University Law Review
We analyze Berle’s overall corporate governance project in accordance with what we see as its four core sub-themes: (A) the limitations of external market forces as a constraint on managerial decision-making power; (B) the desirability of internal (corporate) over external (market) actors in allocating corporate capital; (C) civil society and the public consensus as a continuous informal check on managerial decision-making power; and (D) shareholder democracy (as opposed to shareholder primacy or shareholder wealth maximization) as a socially instrumental institution. We seek to debunk the popular misconception that Berle’s early work was a defense of the orthodox shareholder primacy paradigm …
Consuming Dark Tourism: A Thanatological Perspective, Philip Stone Dr
Consuming Dark Tourism: A Thanatological Perspective, Philip Stone Dr
Dr Philip Stone
Despite increasing academic attention paid to dark tourism, understanding of the concept remains limited, particularly from a consumption perspective. That is, the literature focuses primarily on the supply of dark tourism; less attention, however, has been paid to the demand for ‘dark’ touristic experiences. This theoretical paper seeks to address this gap in the literature. Drawing upon the contemporary sociology of death, it explores the relationship between socio-cultural perspectives on mortality and the potential of dark tourism as a means of confronting death in modern societies. In so doing, it proposes a model of dark tourism consumption within a thanatological …
Hospitality And Tourism; The Hidden Industry, Chester Smolski
Hospitality And Tourism; The Hidden Industry, Chester Smolski
Smolski Texts
"At the national level it generates $416 billion in sales and employs over 6 million people, and in Rhode Island it generates $1.4 billion in sales and employs 28,000 people. Now the second largest economic activity here and throughout the nation, this 'industry' is one that many do not recognize."
Looking To Suburban Malls For Lesson On Envisaged Providence Company, Chester Smolski
Looking To Suburban Malls For Lesson On Envisaged Providence Company, Chester Smolski
Smolski Texts
"During next month, some major decisions must be made that will have long-term effects on the future health and prosperity of our capital city's central business district. One of these decisions relates to the proposed establishment of a 'Providence Company,' a management and marketing organization for the downtown, recommended in the recently completed Carr, Lynch and Levine report on downtown Development."
Tourism's Full Potential Waiting In Wings For R.I., Chester Smolski
Tourism's Full Potential Waiting In Wings For R.I., Chester Smolski
Smolski Texts
"Question: What industry in this country involves 8 million consumers daily, employs between 4 and 6 million people directly, generates nearly $200 billion in annual expenditures and is our second largest retailing activity? If you answered tourism, you are correct."
Downtown Shopping By The Elderly, Chester Smolski
Downtown Shopping By The Elderly, Chester Smolski
Smolski Texts
"It was their last meeting of the year. Some came to hear a lecture on United States foreign policy, some to study French or Shakespeare, some to hear a discussion on Iran, and some came to do line dancing. It was also an opportunity to meet friends, have lunch together, and, perhaps, do some shopping. Who are these actively involved people? They are the elderly."
Boost For The Downtown: Splendid New Arcade, Chester Smolski
Boost For The Downtown: Splendid New Arcade, Chester Smolski
Smolski Texts
"The sign hanging from the center of the building reads '7 Days to Opening.' The countdown number changes dailty to remind carpenters, electricians, tile setters, merchants, and a whole host of others that construction must be finished, stocks placed, and shops ready for the Grand Opening of America's first indoor shopping mall--the Arcade.
Union Traditions And Economic Policy In Ri, Chester Smolski
Union Traditions And Economic Policy In Ri, Chester Smolski
Smolski Texts
"When compared with the rest of the nation, Rhode Island stands out as a highly unionized state. A recent study released by the Department of Labor shows that 108,000 of the 398,000 employed in the state in 1978 were union members. Membership in associations such as the National Education Association and others adds a further 11,000 persons to the list. This total of 119,000 union and association members represents 29.9 percent of total employment on non-agricultural payrolls, ranking Rhode Island 13th in the nation and highest in New England which, as a region, averages 26.6 percent, and the same figure, …
Retailing Is Key To A Strong Downtown, Chester Smolski
Retailing Is Key To A Strong Downtown, Chester Smolski
Smolski Texts
"The future of Providence, if Rhode Island's capital city has a future, must be keyed to retail sales, all pols and pundits to the contrary. If Mayor Cianci, the City Council, the Chamber of Commerce and other business groups really want an appealing city, one that hums with activity day and night, they have to redouble their efforts to put a solid economic footing under the still-eroding retail sector."
Right Mix For Successful Downtown Renewal, Chester Smolski
Right Mix For Successful Downtown Renewal, Chester Smolski
Smolski Texts
"It is sometimes called a 'big, small town.' It has all the trappings of a large urban center: from outdoor concerts at the Civic Center to a Go-Go lounge; parking problems and traffic congestion, to a Worthinton Street where bars and prostitutes prevail; and vacant old buildings , to new, high-rise office blocks. Sheer numbers alone in this city bring visible evidence of the activities and characteristics common to the downtowns of most large American cities."
'Down City' Has Gone Downhill, Chester Smolski
'Down City' Has Gone Downhill, Chester Smolski
Smolski Texts
"There is essentially only one downtown in this city-state of Rhode Island, and it is accessible to the entire state in less than one hour's driving time. Yet over the past 10 years the Providence downtown has been in a steady decline, with a limited selection and lowered quality of goods offered from fewer shops. The familiar names of a few years ago, such as Shepards, Gladdings, City Hall Hardware and others, no longer serve as retail focal points in the captial city's central business district (CBD)."