Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Corporate Governance (2)
- Administrative Procedure Act (1)
- Auer (1)
- Comparative Analysis (1)
- Cost-Benefit Analysis (1)
-
- Fairness (1)
- Fiduciary Duties (1)
- Glass Lewis (1)
- ISS (1)
- Institutional Investors (1)
- Judicial Review (1)
- Proxy Advisory Firms (1)
- Proxy Voting (1)
- Regulatory Accountability Act (1)
- Regulatory Reform (1)
- Related Party Transactions (1)
- Rulemaking (1)
- Self-Dealing (1)
- Shareholder Activism (1)
- Shareholder Rights (1)
- Substantial Evidence (1)
- United Kingdom (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
The Regulatory Accountability Act And The Future Of Apa Revision, Ronald M. Levin
The Regulatory Accountability Act And The Future Of Apa Revision, Ronald M. Levin
Scholarship@WashULaw
This article seeks to take stock of the Regulatory Accountability Act (RAA), a set of proposals to amend the Administrative Procedure Act (APA). House and Senate versions of the proposed Act have been pending in Congress since 2011, although the impending advent of Democratic control of the House may halt further progress on the bills in their present form. Some provisions in the RAA are desirable or at least supportable, because they would codify elements of current practice or make minor repairs to the APA. But other aspects of the bill are controversial and troubling. Among them are sections that …
Reassessing Self-Dealing: Between No Conflict And Fairness, Andrew F. Tuch
Reassessing Self-Dealing: Between No Conflict And Fairness, Andrew F. Tuch
Scholarship@WashULaw
Scholars have long disagreed on which of two rules is more effective when a fiduciary engages in self-dealing. Some defend the “strict” no-conflict rule, which categorically bans self-dealing. Others prefer the “flexible” and “pragmatic” fairness rule, which allows self-dealing if it is fair to beneficiaries. The centrality of this debate cannot be overstated: corporate law as a field is fundamentally concerned with self-dealing by fiduciaries. Yet a lack of firm data means that this debate has dragged on for decades, with no end in sight. This article makes a simple but powerful point: the entire debate is somewhat misguided because, …
Proxy Advisor Influence In A Comparative Light, Andrew F. Tuch
Proxy Advisor Influence In A Comparative Light, Andrew F. Tuch
Scholarship@WashULaw
The reform of proxy advisors is on the U.S. regulatory agenda, with debate focusing on the extent of influence that these actors exert over institutional investors and corporate managers. But the debate examines the U.S. position in isolation from other systems. If we broaden our focus, we see that the factors usually cited for proxy advisors’ influence exist similarly in the United Kingdom but that proxy advisors there exert significantly weaker influence than they do in the United States. Why this difference when we would expect a similar role for proxy advisors in both systems based on the presence of …