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Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky 2015 Pace University

Social Media And The Internet: A Story Of Privatization, Victoria D. Baranetsky

Pace Law Review

This article will question what role private and public actors assume in the current structure of data collection and what potential rights are violated. To tease out the relationship between the private and government sectors, this article, for sake of argument, accepts as fact that surveillance is a core government function and that data is a public resource collected by private organizations. While those assumptions may be challenged by different definitions of what constitutes a public function, public resource, or mode of collection, this article does not take on those challenges. It also does not ask the normative question of ...


Freedom Of Establishment Within The European Union & Italian Logistics And Transport Companies, Sajjad Khaksari 2015 Politecnico di Torino

Freedom Of Establishment Within The European Union & Italian Logistics And Transport Companies, Sajjad Khaksari

SAJJAD KHAKSARI

FREEDOM OF ESTABLISHMENT WITHIN THE EUROPEAN UNION & ITALIAN LOGISTICS AND TRANSPORT COMPANIES; Student: Sajjad Khaksari


The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares 2015 Western Law

The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares

Western Journal of Legal Studies

This paper explores international responses to foreign bribery with a specific focus on Canada’s increased role in combating the issue. It outlines international anti-bribery measures and their impact on Canada’s approach to foreign bribery, with an overview of Canada’s anti-bribery legislation, the Corruption of Foreign Public Officials Act (CFPOA). These measures have met with international criticism, to which Canada has responded with legislative amendments. Four Canadian legal decisions since the CFPOA amendment exemplify Canada’s stricter enforcement of the Act. Transparency International (TI) issued a progress report that commented on Canada’s current and future role in ...


Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova 2015 Cornell Law School

Public Actors In Private Markets: Toward A Developmental Finance State, Robert C. Hockett, Saule T. Omarova

Robert C. Hockett

The recent financial crisis brought into sharp relief fundamental questions about the social function and purpose of the financial system, including its relation to the “real” economy. This Article argues that, to answer these questions, we must recapture a distinctively American view of the proper relations among state, financial market, and development. This programmatic vision – captured in what we call a “developmental finance state” – is based on three key propositions: (1) that economic and social development is not an “end-state” but a continuing national policy priority; (2) that the modalities of finance are the most potent means of fueling continuous ...


Sharpened Blades: The United States Government’S Aggressive Attempt To Close The “Unpatriotic” Loophole Known As Corporate Inversions, Lili Sowlati 2015 Bocconi University School of Law, Milan

Sharpened Blades: The United States Government’S Aggressive Attempt To Close The “Unpatriotic” Loophole Known As Corporate Inversions, Lili Sowlati

Bocconi Legal Papers

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Directors’ Defence Of Reliance On Professional Advisers Under Anglo-Australian Law, Wai Yee Wan 2015 Singapore Management University

Directors’ Defence Of Reliance On Professional Advisers Under Anglo-Australian Law, Wai Yee Wan

Research Collection School Of Law

This paper analyses the issue of whether directors may use reliance on professional advice as a defence to a claim for breach of duty to exercise care, skill and diligence under common law or companies legislation in England and Australia. While England and Australia share the same common law tradition and have similar statutory provisions on the standard of care of directors, an English court generally regards a director as acting reasonably when he seeks advice from a qualified and independent professional adviser in a specialist matter within his expertise. In the absence of any conflict of interest, reliance is ...


Minority And Women Entrepreneurs: Building Capital, Networks, And Skills, Michael S. Barr 2015 University of Michigan Law School

Minority And Women Entrepreneurs: Building Capital, Networks, And Skills, Michael S. Barr

Other Publications

The United States has an enviable entrepreneurial culture and a track record of building new companies. Yet new and small business owners often face particular challenges, including lack of access to capital, insufficient business networks for peer support, investment, and business opportunities, and the absence of the full range of essential skills necessary to lead a business to survive and grow. Women and minority entrepreneurs often face even greater obstacles. While business formation is, of course, primarily a matter for the private sector, public policy can and should encourage increased rates of entrepreneurship, and the capital, networks, and skills essential ...


Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas 2015 Western University

Employing Disability: Deconstructing Insufficient Protections For "Non-Mainstream" Disabilities, Maia Abbas

Western Journal of Legal Studies

This paper surveys leading and recent case law on disability with a specific focus on “non-mainstream” disabilities. Such disabilities are categorized according to the difficulty with which they can be medically diagnosed, their transient nature, and their fluctuations in severity. Jurisprudence on the duty to accommodate has been developed through what law professor Judith Mosoff classifies as “mainstream” disabilities. That is, disabilities that are better understood by employers and medical professionals, and to which the duty to accommodate more easily applies. In contrast, “non-mainstream” disabilities challenge the conventional understanding of the duty to accommodate. Standard accommodation practices do not necessarily ...


Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn 2015 Legal Service of the European Communities

Voluntary Plant Closings And Workforce Reductions In The European Communities, J. Pipkorn

Georgia Journal of International & Comparative Law

No abstract provided.


The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. McClure 2015 University of Kansas

The Joint Venture And Related Contract Laws Of Mainland China And Taiwan: A Comparative Analysis, Clyde D. Stoltenberg, David W. Mcclure

Georgia Journal of International & Comparative Law

No abstract provided.


Balance And Team Production, Kelli A. Alces 2015 Seattle University School of Law

Balance And Team Production, Kelli A. Alces

Seattle University Law Review

For decades, those holding the shareholder primacy view that the purpose of a corporation is to earn a profit for its shareholders have been debating with those who believe that corporations exist to serve broader societal interests. Adolph Berle and Merrick Dodd began the conversation over eighty years ago, and it continues today, with voices at various places along a spectrum of possible corporate purposes participating. Unfortunately, over time, the various sides of the debate have begun to talk past each other rather than engage with each other and have lost sight of whatever common ground they may be able ...


Lobbying, Pandering, And Information In The Firm, Adam B. Badawi 2015 Seattle University School of Law

Lobbying, Pandering, And Information In The Firm, Adam B. Badawi

Seattle University Law Review

In their classic and insightful article on team production in corporate law, Margaret Blair and Lynn Stout identify the minimization of rent-seeking as one of the chief benefits of vesting ultimate authority over a firm with the board of directors. In their analysis, this problematic rent-seeking arises when parties need to divide the gains from production after the fact. The squabbling that is likely to ensue may threaten to eat away most, or all, of the gains that come from productive activity. If parties know that this sort of rent-seeking will occur, they may not engage in productive activity in ...


Boards Of Directors As Mediating Hierarchs, Margaret M. Blair 2015 Seattle University School of Law

Boards Of Directors As Mediating Hierarchs, Margaret M. Blair

Seattle University Law Review

In June of 2014, the board of directors of Demoulas Supermarkets, Inc.—better known as Market Basket, a mid-sized chain of grocery stores in New England—decided to oust the man who had been CEO for the previous six years, Arthur T. Demoulas. Most likely, the board of directors did not anticipate what happened next: Thousands of employees, customers, and fans of Market Basket boycotted the stores and staged noisy public protests asking the board to reinstate “Arthur T.” The reaction by employees and customers made what had been a simmering, nasty, intrafamily feud within the closely held Market Basket ...


Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb 2015 Seattle University School of Law

Choosing The Partnership: English Business Organization Law During The Industrial Revolution, Ryan Bubb

Seattle University Law Review

For most of the period associated with the Industrial Revolution in Britain, English law restricted access to incorporation and the Bubble Act explicitly outlawed the formation of unincorporated joint stock companies with transferable shares. Furthermore, firms in the manufacturing industries most closely associated with the Industrial Revolution were overwhelmingly partnerships. These two facts have led some scholars to posit that the antiquated business organization law was a constraint on the structural transformation and growth that characterized the British economy during the period. Importantly, however, the vast majority of manufacturing firms in the modern sector were partnerships. An easy explanation for ...


The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson 2015 Seattle University School of Law

The Boundaries Of "Team" Production Of Corporate Governance, Anthony J. Casey, M. Todd Henderson

Seattle University Law Review

We examine the cooperative production of corporate governance. We explain that this production does not occur exclusively within a “team” or “firm.” Rather, several aspects of corporate governance are quintessentially market products. Like Blair and Stout, we view the shareholder as but one of many stakeholders in a corporation. Where we depart from their analysis is in our view of the boundaries of a firm. We suggest that they overweight the intrafirm production of control. Focusing on the primacy of a board of directors, Blair and Stout posit a hierarchical team that governs the economic enterprise. We observe, however, that ...


The Team Production Model As A Paradigm, Brian R. Cheffins 2015 Seattle University School of Law

The Team Production Model As A Paradigm, Brian R. Cheffins

Seattle University Law Review

Margaret Blair and Lynn Stout suggested a few years after the publication of their 1999 Virginia Law Review article, A Team Production Theory of Corporate Law, that their team production model was poised to emerge as part of a new corporate law “paradigm.” In so doing, they specifically invoked Thomas Kuhn’s well-known analysis of scientific revolutions. This Article revisits Blair and Stout’s team production theory by offering a critique of their claim that their model is destined to become a new corporate law paradigm in the Kuhnian sense. In so doing the Article draws upon key corporate law ...


The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke 2015 Seattle University School of Law

The Long Road To Reformulating The Understanding Of Directors' Duties: Legalizing Team Production Theory?, Thomas Clarke

Seattle University Law Review

In this Article, the historical evolution of corporate governance is considered, highlighting the different eras of governance, the dominant theoretical and practical paradigms, and the reformulation of paradigms and counter paradigms. Two alternative and sharply contrasting theorizations, one collective and collaborative (the work of Berle and Means), the other individualistic and contractual (agency theory and shareholder value) are focused upon. The explanatory potential of Blair and Stout’s team production theory is elaborated, along with its conception of the complexity of business enterprise, with a mediating hierarch (the board of directors) securing a balance between the interests of different stakeholders ...


Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler 2015 Seattle University School of Law

Testing The Normative Desirability Of The Mediating Hierarch, Zachary J. Gubler

Seattle University Law Review

In their influential article, A Team Production Theory of Corporate Law, Professors Margaret Blair and Lynn Stout explained how corporate law might be viewed as an attempt at solving what is known as the team production problem. At its core, this problem has to do with the opportunistic behavior that arises when multiple economic actors make investments—whether of labor, capital, or otherwise—in a business venture where these investments are said to be “firm specific” because they cannot be easily withdrawn and redeployed in other projects. The problem is how to construct a governance regime that will create incentives ...


Team Production & The Multinational Enterprise, Virginia Harper Ho 2015 Seattle University School of Law

Team Production & The Multinational Enterprise, Virginia Harper Ho

Seattle University Law Review

Margaret Blair and Lynn Stout’s path-breaking article, A Team Production Theory of Corporate Law, advances a dual thesis: first, that team production theory does a better job than its competitors (in particular, principal–agent theory) of explaining the advantages of the public corporation and key features of corporate law; and second, that, as a matter of corporate law, corporate boards are charged with advancing the collective interest of all the contributors to the corporate enterprise rather than the shareholders’ interests alone. Its central insight is that the role of the independent, or insulated, corporate board is to serve as ...


The History Of Team Production Theory, Ron Harris 2015 Seattle University School of Law

The History Of Team Production Theory, Ron Harris

Seattle University Law Review

In this short Essay, the author consider the team production theory developed by Margaret Blair and Lynn Stout1 from a historical perspective, in three senses. First, does the theory fit the historical use of the corporate form? Second, can it explain the development of corporation law doctrines? And third, can we place the development of the theory as such into the intellectual history of corporation theories at large? The author will state my bottom line up front: while the Article finds the team production theory insightful and useful for my historical research, for teaching corporation law, and for thinking about ...


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