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Full-Text Articles in Law and Economics

The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield Nov 2011

The Difference Between The Occupiers And The Tea Party? The Meaning Of Freedom, Kent Greenfield

Kent Greenfield

No abstract provided.


The Impact Of "Going Private" On Corporate Stakeholders, Kent Greenfield Nov 2011

The Impact Of "Going Private" On Corporate Stakeholders, Kent Greenfield

Kent Greenfield

As capital markets in the United States increasingly "go private," it is unclear how the privatization of corporate finance will affect non-shareholder stakeholders of firms, most centrally employees, communities, and the environment. Some scholars and public policy experts believe that concern for such stakeholders should not hold any relevance in the discussion of corporate law in general, and thus may be presumed to believe the same about a conversation about privatization. In such a view, these concerns lie outside the realm of corporate governance law; they therefore should be of no great moment in the debate over whether public policy …


A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield Nov 2011

A Bridle, A Prod And A Big Stick: An Evaluation Of Class Actions, Shareholder Proposals And The Ultra Vires Doctrine As Methods For Controlling Corporate Behavior, Adam Sulkowski, Kent Greenfield

Kent Greenfield

Written for the recent conference at St. John’s University Law School on “People of Color, Women, and the Public Corporation,” this paper evaluates recently applied methods of influencing corporate behavior on employment practices and recommends that a dormant legal doctrine be revitalized and added to the “tool box” of activists and concerned shareholders. The methods of influencing corporate behavior that are evaluated include class action lawsuits and shareholder proposals to amend corporate policy. In both contexts, there are procedural hurdles to achieving success. Even when success is achieved, there are limits to the actual changes in organizational behavior that result. …


The Place Of Workers In Corporate Law, Kent Greenfield Nov 2011

The Place Of Workers In Corporate Law, Kent Greenfield

Kent Greenfield

This article critiques the low place of workers within corporate law doctrine. Corporate law, as it is traditionally taught, is primarily about shareholders, boards of directors, and managers, and the relationships among them. This is despite the fact that workers provide an essential input to a corporation's productive activities, and that the success of the business enterprise quite often turns on the success of the relationship between the corporation and those who are employed by it. Black letter corporate law requires directors to place the interests of shareholders above the interests of all other "stakeholders," including workers. This article analyzes …


Moderator, Secularism, Islam, And Democracy, Kent Greenfield Oct 2011

Moderator, Secularism, Islam, And Democracy, Kent Greenfield

Kent Greenfield

No abstract provided.


The Herman Cain Blame Game, Kent Greenfield Oct 2011

The Herman Cain Blame Game, Kent Greenfield

Kent Greenfield

No abstract provided.


The Hidden Costs Of Choice, Kent Greenfield Oct 2011

The Hidden Costs Of Choice, Kent Greenfield

Kent Greenfield

No abstract provided.


Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield Sep 2011

Interview With Professor Kent Greenfield About His Book “The Myth Of Choice: Personal Responsibility In A World Of Limits”, Kent Greenfield

Kent Greenfield

Professor Kent Greenfield’s newest release, The Myth of Choice: Personal Responsibility in a World of Limits (Yale University Press), is a broad-reaching view of the dynamics of choice.

Greenfield’s book begins with his knowledge of law and then ranges widely, tapping areas as diverse as sociology, the study of brain activity, and religious freedoms. He draws on scholarly commentary, news reports, political research polls and his own life decisions to complete the picture of choice and its many dimensions. Examining choice and its influence on public policy and legal theory, The Myth of Choice serves as a catalyst to challenge …


When Kids Are Left In Cars: Blame The Brain, Kent Greenfield Sep 2011

When Kids Are Left In Cars: Blame The Brain, Kent Greenfield

Kent Greenfield

No abstract provided.


Constitution Day, Happy Illegal Holiday!, Kent Greenfield Sep 2011

Constitution Day, Happy Illegal Holiday!, Kent Greenfield

Kent Greenfield

No abstract provided.


The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield Jul 2011

The Debt Ceiling Impasse: It's Madison's Fault, Kent Greenfield

Kent Greenfield

No abstract provided.


Reforming Limited Liability Law, Kent Greenfield Jun 2011

Reforming Limited Liability Law, Kent Greenfield

Kent Greenfield

No abstract provided.


The "Sweat Lodge Guru" Guilty Verdict: Recognizing The Deadly Influence Of Authority, Kent Greenfield Jun 2011

The "Sweat Lodge Guru" Guilty Verdict: Recognizing The Deadly Influence Of Authority, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, Beyond The Quarterly Report: Managing Risk And Creating Long-Term Value Through Corporate Responsibility, Kent Greenfield Jun 2011

Panelist, Beyond The Quarterly Report: Managing Risk And Creating Long-Term Value Through Corporate Responsibility, Kent Greenfield

Kent Greenfield

No abstract provided.


Moderator, Globalization, Corporate Accountability, And The Courts, Kent Greenfield Jun 2011

Moderator, Globalization, Corporate Accountability, And The Courts, Kent Greenfield

Kent Greenfield

Moderated panel of scholars and practitioners on the corporate exposure to tort liability for involvement in human rights violations.


France And Belgium Have Banned The Burqa. Should America Follow Suit?, Kent Greenfield Jun 2011

France And Belgium Have Banned The Burqa. Should America Follow Suit?, Kent Greenfield

Kent Greenfield

No abstract provided.


Obama, Libya, And Executive Power, Kent Greenfield May 2011

Obama, Libya, And Executive Power, Kent Greenfield

Kent Greenfield

No abstract provided.


12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield Apr 2011

12 Laws Tea Partiers Would Repeal If They Could, Kent Greenfield

Kent Greenfield

No abstract provided.


Moderator, The Sustainable Corporation, Kent Greenfield Mar 2011

Moderator, The Sustainable Corporation, Kent Greenfield

Kent Greenfield

Co-organized (and moderated a panel during) an international conference on corporate law and sustainability, held at Wake Forest Law School.


The Walmart Class Action And The Culture Of Discrimination, Kent Greenfield Mar 2011

The Walmart Class Action And The Culture Of Discrimination, Kent Greenfield

Kent Greenfield

No abstract provided.


Wake Up America! Daylight Savings Time Is A Socialist Plot!, Kent Greenfield Mar 2011

Wake Up America! Daylight Savings Time Is A Socialist Plot!, Kent Greenfield

Kent Greenfield

No abstract provided.


What My Snowy Sidewalk Has To Say About The Individual Mandate, Kent Greenfield Feb 2011

What My Snowy Sidewalk Has To Say About The Individual Mandate, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, Corporate Political Speech And Dueling Conceptions Of The Corporation In Supreme Court Jurisprudence, Kent Greenfield Jan 2011

Panelist, Corporate Political Speech And Dueling Conceptions Of The Corporation In Supreme Court Jurisprudence, Kent Greenfield

Kent Greenfield

As chair of the Section on Business Organizations for AALS, I organized and moderated the 2011 Program of AALS Section on Business Associations, January 7, 2011, San Francisco, CA. Program was entitled “Corporate Political Speech and Dueling Conceptions of the Corporation in Supreme Court Jurisprudence,” and was co-sponsored by the Section on Constitutional Law. This was the first time in memory that the Business Associations Section and the Constitutional Law Section had co-sponsored a program.


The Myth Of Choice: Personal Responsibility In A World Of Limits, Kent Greenfield Dec 2010

The Myth Of Choice: Personal Responsibility In A World Of Limits, Kent Greenfield

Kent Greenfield

Americans are fixated on the idea of choice. Our political theory is based on the consent of the governed. Our legal system is built upon the argument that people freely make choices and bear responsibility for them. And what slogan could better express the heart of our consumer culture than "Have it your way"?

In this provocative book, Kent Greenfield poses unsettling questions about the choices we make. What if they are more constrained and limited than we like to think? If we have less free will than we realize, what are the implications for us as individuals and for …