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Articles 1 - 4 of 4
Full-Text Articles in Law
The Constitution, Citizenship, And Corporations – A Critical Look At Citizens United V. Fec, P M Vasudev
The Constitution, Citizenship, And Corporations – A Critical Look At Citizens United V. Fec, P M Vasudev
Palladam M Vasudev
“Associations of citizens” is a phrase the US Supreme Court used in Citizens United v. Federal Election Commission (2010) to refer to corporations. This notion was, apparently, an important element in shaping the Supreme Court’s judgment that permitted corporations to participate in the democratic process through campaign funding. Presumably, the “citizens” the court had in mind are the shareholders of corporations. Treating corporations as citizens in the collective, the Supreme Court upheld their political rights, and there is evidence of disquiet with the decision in Citizens United. My article examines the Supreme Court’s characterization of corporations as associations of citizens …
The Stakeholder Principle, Corporate Governance And Theory – Evidence From The Field And The Path Onward, P M Vasudev
The Stakeholder Principle, Corporate Governance And Theory – Evidence From The Field And The Path Onward, P M Vasudev
Palladam M Vasudev
The article provides an overview of the development of the stakeholder idea, and presents the results from a survey of the American, British and Canadian corporations included in the Fortune 500 Global Corporations (2009) for their adoption of the stakeholder principle. The survey finds near-unanimous acceptance of the stakeholder vision. 97 percent of the US, UK, and Canadian companies included in the survey acknowledge the stakeholder principle in some form. The trend of adoption of the stakeholder model is unmistakable, and this has significant implications for corporate theory. The article also examines how the emerging ideas about stakeholders and the …
Stock Market, Corporations And Their Regulation: A Few Glimpses Into Reality, Palladam M. Vasudev
Stock Market, Corporations And Their Regulation: A Few Glimpses Into Reality, Palladam M. Vasudev
Palladam M Vasudev
The paper examines events in three public companies – Enron Corp., Sycamore Networks and Amazon.com, from the perspective of corporate law and securities law. The events are interpreted in terms of the applicable law, and explain how it influences them. In particular, the paper demonstrates how the prevailing loose legal regime for corporations and the stock market-centricity of corporate arrangements give rise to specific varieties of negative behaviour. The paper adopts a critical approach, and is an effort to describe the consequences of the minimalist philosophy underlying corporate and securities regulation.
Companies And Corporations: Their Transition From Status To Contract And Its Political Economy, Palladam M. Vasudev
Companies And Corporations: Their Transition From Status To Contract And Its Political Economy, Palladam M. Vasudev
Palladam M Vasudev
This article traces the state of corporate law in the English-speaking world since 1720, identifies the political economy of the changes that occurred since mid-nineteenth century, and the consequences for corporate law. During this period, there was a transition from the position that incorporation was a status to be conferred by the law to the position that they were the products of private contracts. In addition, they came to be treated as the property of their shareholders. These conceptual changes have had far-reaching consequences for the growth of corporations and were used to largely abandon the public regulation of corporations. …