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Full-Text Articles in Law

Your Boss’S Business? Corporate Personhood And The Supreme Court, Kent Greenfield Nov 2014

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 Nov 2014

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 Oct 2014

Corporate Citizenship: Goal Or Fear?, Kent Greenfield

Kent Greenfield

Progressives should oppose a constitutional amendment to end corporate personhood.


Conversations At Bc Law: Representative Michael Capuano, Kent Greenfield Oct 2014

Conversations At Bc Law: Representative Michael Capuano, Kent Greenfield

Kent Greenfield

Second of a series of interviews with public servants with connections to BC Law.


Debate: “Be It Resolved: Corporations Should Not Be Considered People Under The U.S. Constitution.”, Kent Greenfield Oct 2014

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 Sep 2014

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 Aug 2014

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 Aug 2014

Corporate Citizenship: Goal Or Fear?, Kent Greenfield

Kent Greenfield

No abstract provided.


The Supreme Court's Subterfuge, Kent Greenfield Jul 2014

The Supreme Court's Subterfuge, Kent Greenfield

Kent Greenfield

No abstract provided.


Hobby Lobby, Unconstitutional Conditions, And Corporate Law Mistakes, Kent Greenfield Jun 2014

Hobby Lobby, Unconstitutional Conditions, And Corporate Law Mistakes, Kent Greenfield

Kent Greenfield

No abstract provided.


Panelist, The Role Of Government In Corporate Activities And Cross-Border Transactions, Kent Greenfield Jun 2014

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 May 2014

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 May 2014

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.


Panelist, In The Balance: Law And Politics On The Roberts Court, Kent Greenfield Apr 2014

Panelist, In The Balance: Law And Politics On The Roberts Court, Kent Greenfield

Kent Greenfield

No abstract provided.


Conversations At Bc Law: Representative Bobby Scott, Kent Greenfield Apr 2014

Conversations At Bc Law: Representative Bobby Scott, Kent Greenfield

Kent Greenfield

First of a series of interviews with public servants with connections to BC Law.


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


Hobby Lobby And The Return Of ‘The Negro Travelers’ Green Book’, Kent Greenfield Mar 2014

Hobby Lobby And The Return Of ‘The Negro Travelers’ Green Book’, Kent Greenfield

Kent Greenfield

No abstract provided.


Religious Rights Of Corporations, Part 2, Kent Greenfield Mar 2014

Religious Rights Of Corporations, Part 2, Kent Greenfield

Kent Greenfield

Interview with Prof. Kent Greenfield on the religious rights of corporations. This is the second of a series of episodes on this issue.


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 Mar 2014

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.


Unfair Advantage Would Spur Abuse Of Exempt Status: Do Corporations Have Religious Liberty?, Kent Greenfield Mar 2014

Unfair Advantage Would Spur Abuse Of Exempt Status: Do Corporations Have Religious Liberty?, Kent Greenfield

Kent Greenfield

No abstract provided.


The End Of Contractarianism? Behavioral Economics And The Law Of Corporations, Kent Greenfield Dec 2013

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.