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Business Law, Public Responsibility, and Ethics Commons™
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Articles 1 - 4 of 4
Full-Text Articles in Business Law, Public Responsibility, and Ethics
Managing Expectations: Does The Directors' Duty To Monitor Promise More Than It Can Deliver?, Lisa Fairfax
Managing Expectations: Does The Directors' Duty To Monitor Promise More Than It Can Deliver?, Lisa Fairfax
All Faculty Scholarship
This article grapples with whether we are expecting too much from the duty of oversight. The directors’ oversight duty refers to directors’ responsibility to actively monitor corporate officers, employees, and corporate affairs. Directors breach their oversight duty when officers and employees engage in wrongdoing that causes harm to the corporation and that wrongdoing can be attributed to directors’ failure to monitor. In other words, oversight liability holds directors liable for their failure to act under circumstances where it can be proven that directors should have acted and their actions could have prevented corporate harm.
The significance of directors’ oversight duty …
The Destructive Ambiguity Of Federal Proxy Access, Jill E. Fisch
The Destructive Ambiguity Of Federal Proxy Access, Jill E. Fisch
All Faculty Scholarship
After almost seventy years of debate, on August 25, 2010, the SEC adopted a federal proxy access rule. This Article examines the new rule and concludes that, despite the prolonged rule-making effort, the new rule is ambiguous in its application and unlikely to increase shareholder input into the composition of corporate boards. More troubling is the SEC’s ambiguous justification for its rule which is neither grounded in state law nor premised on a normative vision of the appropriate role of shareholder nominations in corporate governance. Although the federal proxy access rule drew an unprecedented number of comment letters and is …
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
Michael Diathesopoulos
The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.
The Embeddedness Of Responsible Business Practice: National Institutional Environments And Corporate Social Responsibility, Luc Fransen
Transnational Business Governance Interactions Working Papers
Academic literature recognizes that firms in different countries deal with Corporate Social Responsibility (CSR) in different ways. Because of this, analysts presume that variations in national institutional arrangements affect CSR practices. Literature however lacks specificity in determining, first, what parts of national political economic configurations actually affect CSR practices; second, the precise aspects of CSR affected by national-institutional variables; third, how casual mechanisms between national institutional framework variables and aspects of CSR practices work. Because of this the literature is not able to address to what extent CSR practices are affected by either global or national policies, discourses and economic …