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Articles 511 - 519 of 519
Full-Text Articles in Law
What Can Corporations Teach Governments About Democratic Equality?, Tom W. Bell
What Can Corporations Teach Governments About Democratic Equality?, Tom W. Bell
Tom W. Bell
Democracies place great faith in the principle of one-person/one-vote. Business corporations and other private entities, in contrast, typically operate under the one-share/one-vote rule, allocating control in proportion to ownership. Why the difference? In times past, we might have cited the differing ends of public and private institutions. Whereas public democracies aim at promoting the general welfare of an entire political community, private entities aim at more specific goals, such as generating profits or managing a cooperative residence. As business entities have grown in size and in the range of services they provide, however, the distinction between public and private governance …
Rethinking Corporate Human Rights Accountability, Pammela Quinn Saunders
Rethinking Corporate Human Rights Accountability, Pammela Quinn Saunders
Pammela Quinn
The standard account of corporate human rights accountability assumes that corporate entities, rather than individual corporate officers or employees, are the optimal targets of regulatory litigation. This assumption has led human rights advocates to despair over recent court decisions that make it increasingly difficult to bring suit against corporations for human rights violations. In light of these decisions (and similar barriers to suits against corporate entities in some other jurisdictions around the world), human rights advocates find themselves at a crossroads. Will litigants focus on new legal theories or on bringing their claims in new fora which offer better chances …
Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall
Conscience And Complicity: Assessing Pleas For Religious Exemptions After Hobby Lobby, Amy Sepinwall
Amy J. Sepinwall
In the paradigmatic case of conscientious objection, the objector claims that his religion forbids him from actively participating in a wrong (e.g., by fighting in a war). In the religious challenges to the Affordable Care Act’s employer mandate, on the other hand, employers claim that their religious convictions forbid them from merely subsidizing insurance through which their employees might commit a wrong (e.g., by using contraception). The understanding of complicity underpinning these challenges is vastly more expansive than what standard legal doctrine or moral theory contemplates. Courts routinely reject claims of conscientious objection to taxes that fund military initiatives, or …
A Little Birdie Said: How Twitter Is Disrupting Shareholder Activism, Seth Oranburg
A Little Birdie Said: How Twitter Is Disrupting Shareholder Activism, Seth Oranburg
Seth Oranburg
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven J. Cleveland
A Failure Of Substance And A Failure Of Process: The Circular Odyssey Of Oklahoma's Corporate Law Amendments In 2010, 2012, And 2013, Steven J. Cleveland
Steven J. Cleveland
No abstract provided.
Law In Regression? Impacts Of Quantitative Research On Law And Regulation, David C. Donald
Law In Regression? Impacts Of Quantitative Research On Law And Regulation, David C. Donald
David C. Donald
Quantitative research (QR) has undeniably improved the quality of law- and rulemaking, but it can also present risks for these activities. On the one hand, replacing anecdotal assertions regarding behavior or the effects of rules in an area to be regulated with objective, statistical evidence has advanced the quality of regulatory discourse. On the other hand, because the construction of such evidence often depends on bringing the complex realities of both human behavior and rules designed to govern it into simple, quantified variables, QR findings can at times camouflage complexity, masking real problems. Deceptively objective findings can in this way …
Beyond Corporate Governance: Why A New Approach To The Study Of Corporate Law Is Needed To Address Global Inequality And Economic Development, Dan Danielsen
Dan Danielsen
The Failure Of Corporate Internal Controls And Internal Information Sharing: A Conceptual Framework For Taiwan, Chang-Hsien Tsai
The Failure Of Corporate Internal Controls And Internal Information Sharing: A Conceptual Framework For Taiwan, Chang-Hsien Tsai
Chang-hsien (Robert) TSAI
Although East Asian jurisdictions such as Taiwan have been adopting similar models of Anglo-American independent directors and audit committees in recent years, we can find that common issues are failure of internal controls, in general, and dysfunctional internal information-sharing mechanisms, in particular. To accommodate Taiwan’s reform trend towards furthering the adoption of independent directors and audit committees, this paper offers a roadmap for conceptual solutions which are harmonic with each other as prerequisites to enable monitors of management to have the incentives and means to exercise their oversight. First, the board’s duty to monitor should be reiterated while being transplanted …
The Role Of The Profit Imperative In Risk Management, Christopher French