Law Commons^™

Corporate Power And Campaign Finance, H. Kent Greenfield

Kent Greenfield

Chapter in a book about answers to the policy problems created by Citizens United, focusing on the possibility of using corporate governance to transform corporations into positive players in the public space.

Brief For Professor Kent Greenfield As Amicus Curiae In Support Of Respondents, State Of Washington Vs. Arlene's Flowers And Ingersoll Vs. Arlene's Flowers, Kent Greenfield

Kent Greenfield

This amicus curiae brief addresses a fundamental state-law premise of Appellants’ constitutional claims that has gone largely unexplored in the prior briefing: whether Arlene’s Flowers, a Washington for-profit corporation, may obtain an exemption from generally applicable laws based on the religious beliefs of a shareholder, Mrs. Stutzman. Citing the U.S. Supreme Court’s decisions in Burwell v. Hobby Lobby Stores and Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, Appellants assert that “Arlene’s free-exercise rights are synonymous with Mrs. Stutzman’s.” Those two cases, however, had nothing to do with Washington corporate law and took no stance on the authority of …

Brief Of Amici Curiae Corporate Law Professors In Masterpiece Cakeshop, Ltd. V. Colorado Civil Rights Commission, Harold Kent Greenfield, Daniel A. Rubens

Kent Greenfield

Professor Greenfield was the principal author of an amicus brief on behalf of 33 corporate law professors in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission, argued in December 2017. The brief argues that shareholders’ religious and political beliefs should not be projected onto a corporation for purposes of First Amendment accommodation.

End Delaware’S Corporate Dominance, Kent Greenfield

Kent Greenfield

In Defense Of Corporate Persons, Kent Greenfield

Kent Greenfield

This essay is a critique of this attack on corporate personhood. It explains that the corporate separateness - corporate “personhood” - is an important legal principle as a matter of corporate law. What’s more, as a matter of constitutional law, corporate “personhood” deserves a more nuanced analysis than has been typically offered in arguing in favor of an amendment to overturn Citizens United. Indeed, the concept of corporate “personhood” can in fact be marshaled in arguments against corporations being able to assert constitutional rights. In the nascent category of cases brought by corporations asserting rights of religious freedom, for example, …

A Skeptic's View Of Benefit Corporations, Kent Greenfield

Kent Greenfield

Over the last few years there has been a shift in the core ideas of business with respect to corporate responsibility. A new type of business classification called benefit corporations is gaining popularity in the United States. Benefit corporations are required to have a positive impact on society and the planet, and to meet a higher level of accountability and transparency. However, will benefit corporations truly change the industry and world positively? This article provides for skepticism about the positive affects benefit corporations are purported to have on business. One reason is that benefit corporations are completely voluntary; thus, the …

The Damn Public: Corporations As Citizens, Kent Greenfield

Kent Greenfield

Get Smart Fast: Cutting Edge Issues In Corporate Law, Kent Greenfield

Kent Greenfield

No abstract provided.

Corporations As Citizens, Kent Greenfield

Kent Greenfield

No abstract provided.

Keynote Speaker, National Business Law Scholars Conference, Kent Greenfield

Kent Greenfield

No abstract provided.

Faculty Colloquium, Kent Greenfield

Kent Greenfield

No abstract provided.

Keynote Speaker, Théorie De L'Enterprise. Modèles De Gouvernance & Crèation Collective, Kent Greenfield

Kent Greenfield

No abstract provided.

If Corporations Are People, They Should Act Like It, Kent Greenfield

Kent Greenfield

No abstract provided.

Corporate Law's Original Sin, Kent Greenfield

Kent Greenfield

No abstract provided.

Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield

Kent Greenfield

Hobby Lobby was a dangerous decision,but because the Court ignored corporate personhood rather than endorsing it.

Praising Corporate Personhood, Kent Greenfield

Kent Greenfield

Corporate personhood has wrongly developed a bad name; efforts to end corporate personhood by way of a constitutional amendment are either worthless or harmful.

Corporate Citizenship: Goal Or Fear?, Kent Greenfield

Kent Greenfield

Progressives should oppose a constitutional amendment to end corporate personhood.

Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield

Kent Greenfield

This was a debate with Jeff Clements, founder of Free Speech for People, about corporate personhood.

Sticking The Landing: Making The Most Of The “Stakeholder Moment”, Kent Greenfield

Kent Greenfield

This paper illustrates that the shareholder primacy model is still the prevailing model especially as the proponents of the stakeholder model have not come up with a theoretically sound alternative. It is argued that all corporations' principal stakeholders should be protected by the imposition of fiduciary duties on managerial decision makers. Homogeneity on corporate boards can reinforce thinking that leads to bad decision making. The findings of various researchers into behavioural economics are considered. It is pointed out that the interests of the shareholders are rarely, if ever, the same as those of other stakeholders. This supports the idea that …

Are Shareholders Owners? Absolutely. And Absolutely Not, Kent Greenfield

Kent Greenfield

Shareholder ownership is in reality ‘shareholder primacy,’ or ‘shareholder supremacy.’ An excessive focus on shareholder interests encourages managerial decisions that are overly risky from society’s perspective. Including broader stakeholder concerns at the senior level of corporate decision making will help roll back the short-termism of corporations.

Corporate Citizenship: Goal Or Fear?, Kent Greenfield

Kent Greenfield

No abstract provided.

Panelist, The Role Of Government In Corporate Activities And Cross-Border Transactions, Kent Greenfield

Kent Greenfield

No abstract provided.

Corporate Innovation And Abuse, Kent Greenfield

Kent Greenfield

This was a week-long course, co-taught with Professor Frank Partnoy of the University of San Diego, to graduate-level students at the University of Sydney.

Corporate Citizenship As A Four-Letter Word, Kent Greenfield

Kent Greenfield

Also presented at the American Constitution Society Lawyer's Chapter in Dallas, TX in November 2014.

The Third Way: Beyond Shareholder Or Board Primacy, Kent Greenfield

Kent Greenfield

There is a third possibility in corporate governance: real duties imposed on boards, but which run to all the company's stakeholders not just shareholders.

The Third Way: Beyond Shareholder Or Board Primacy, Kent Greenfield

Kent Greenfield

There is a third possibility in corporate governance: real duties imposed on boards, but which run to all the company's stakeholders not just shareholders.

Religious Rights Of Corporations, Part 2, Kent Greenfield

Kent Greenfield

Amended Brief Of Professor Nancy Gertner And Professor Kent Greenfield As Amici Curiae In Support Of Plaintiff, Louisiana Municipal Police Employees' Retirement System V. The Hershey Company, C.A. No. 7996-Ml, Nancy Gertner, Kent Greenfield

Kent Greenfield

Amicus brief filed by Nancy Gertner and Kent Greenfield in the case of Louisiana Municipal Police Employees' Retirement System v. The Hershey Company, C.A. No. 7996-ML.

The End Of Contractarianism? Behavioral Economics And The Law Of Corporations, Kent Greenfield

Kent Greenfield

Reviews the current state of the scholarship in the field of behavioral economics as it relates to corporate and securities law.

A New Matrix: Do The Interests Of Shareholders, Employees, And Managers Conflict, Kent Greenfield

Kent Greenfield

No abstract provided.