Law Commons^™

Of Bodies Politic And Pecuniary: A Brief History Of Corporate Purpose, David B. Guenther

Law & Economics Working Papers

American corporate law has long drawn a bright line between for-profit and non-profit corporations. In recent years, hybrid or social enterprises have increasingly put this bright-line distinction to the test. This Article asks what we can learn about the purpose of the American business corporation by examining its history and development in the United States in its formative period from roughly 1780-1860. This brief history of corporate purpose suggests that the duty to maximize profits in the for-profit corporation is a relatively recent development. Historically, the American business corporation grew out of an earlier form of corporation that was neither …

Codes Of Corporate Governance: A Review, Nolan Haskovec

Ira M. Millstein Center for Global Markets and Corporate Ownership

The U.S. was one of the first nations in the world to concern itself with the governance of its publicly-listed corporations. But it stopped well short of developing authoritative general standards of corporate governance. By contrast, many of the world’s other markets have by now agreed to some sort of ‘official’ principles for the governance of their quoted companies.

A key reason often cited for why the U.S. lacks a single, authoritative national code of corporate governance2 is the general resistance to centralized regulation of corporate law, which is subject to state rather than federal statutes. But several other major …

Co-Operation Or Sovereignty? Achieving Federalisation Of Corporate Regulation , J. M. Marychurch

Faculty of Law - Papers (Archive)

This paper will analyse the tensions between the harmonisation of law and the maintenance of sovereignty of member states in federal systems. The paper will focus on Australia and the European Union and the pressures faced, in light of the impact of globalisation, to resolve the issues that have plagued both jurisdictions for decades in achieving a satisfactory and sustainable model for corporate regulation on a federal level.

Corporate Anatomy Lessons, David A. Skeel Jr.

All Faculty Scholarship

The book that will lay the groundwork for the corporate law debates of the coming decade is The Anatomy of Corporate Law. Written by seven of the world's leading corporate law scholars - Henry Hansmann, Reinier Kraakman and Ed Rock of the U.S.; Paul Davies of England; Gerard Hertig of Switzerland; Klaus Hopt of Germany; and Hideki Kanda of Japan - The Anatomy of Corporate Law attempts to identify the underlying structure of corporate law, and to provide a framework for understanding the wide range of approaches that different countries take to corporate law regulation. It is hard to overstate …

Populist And Economic V. Feudal: Approaches To Industry Self-Regulation In The United States And England, Robert H. Heidt

Articles by Maurer Faculty

English and American courts treat industry self-regulation very differently. American courts have been generally slow to acknowledge the legitimacy of self-regulation. Once they accept the need for some degree of self-regulation, however, the American courts, under the growing influence of the Chicago school, have become increasingly willing to uphold the regulation on the grounds of economic efficiency. The English courts have had less difficulty recognizing the legitimate role industry self-regulation plays. In determining the reasonableness of the regulatory scheme, however, the English courts adopt a protectionist approach which favours the status quo within the industry. These distinctions, the author argues, …

Industry Self-Regulation And The Useless Concept "Group Boycott", Robert Heidt

Articles by Maurer Faculty

No abstract provided.