Law Commons^™

Investment Bankers As Underwriters: Barbarians Or Gatekeepers? A Response To Brent Horton On Direct Listings, Anat Alon-Beck, Robert N. Rapp, John Livingstone

Faculty Publications

Direct listing clearly has the potential to meaningfully disrupt the IPO process. Changes to permit primary offerings via direct listing will help private companies to overcome some of the obstacles imposed by our securities laws and listing rules. Primary offerings by direct listing would allow for a dramatic increase in efficiency in public offerings, providing further incentive for private companies to finally provide liquidity to their shareholders while saving on the tremendous cost associated with a more traditional IPO by eliminating the need for underwriters.

Despite the positive impacts that direct listings will have on the IPO process, in their …

Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn

Case Western Reserve Journal of International Law

Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …

Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly

Case Western Reserve Journal of International Law

The article focuses on developments in international criminal law in addressing corporate human rights violations.

Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb

Case Western Reserve Journal of International Law

The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.

Corporate Governance: The Swedish Solution, George W. Dent

Faculty Publications

Sweden has changed its corporate governance system by delegating the nomination of corporate directors (and thus, in effect, ultimate control) to committees typically comprising representatives of each company’s largest shareholders. This system gives shareholders a degree of power “that only the most daring corporate governance initiatives in the rest of the world could even imagine.” By all accounts the change has been successful; no one is complaining about it.

In the United States investors have long been kept weak in corporate governance for fear that giving them a major role would damage corporations in numerous ways. The Swedish experience seems …

Institutional Investors And Their Role In Corporate Governance: Reflections By A "Recovering" Corporate Governance Lawyer, David P. Porter

Case Western Reserve Law Review

No abstract provided.

Stakeholder Governance: A Bad Idea Getting Worse, George W. Dent Jr.

Case Western Reserve Law Review

No abstract provided.

Defending Stakeholder Governance, Kent Greenfield

Case Western Reserve Law Review

No abstract provided.

Valuing The Waiver: The Real Beauty Of Ex Ante Over Ex Post, Robert C. Hockett

Case Western Reserve Law Review

No abstract provided.