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Full-Text Articles in Law
Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson
Toward Global Corporate Citizenship: Reframing Foreign Direct Investment Law, Rachel J. Anderson
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This article argues that modern foreign direct investment law is a vestige of the colonial era during which early forms of transnational corporations emerged. Unlike international trade law and despite the dramatic developments of the twentieth century, foreign direct investment law remains largely unchanged. Due to a lack of political will, prior multilateral efforts to implement comprehensive foreign direct investment law reforms have been largely unsuccessful. However, in recent years, growing political will has emerged under the umbrella of Global Corporate Citizenship and related movements. This article posits that Global Corporate Citizenship is an opportunity to reframe and reform foreign …
The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
The Corporate Lawyer's Role In A Contemporary Democracy, Colin Marks, Nancy B. Rapoport
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This paper reviews the traditional arguments for corporate social responsibility and asks the question of what corporate lawyers should do to help their clients do the right thing ethically. It also sets out a test - the technically test -- that highlights when something is usually on the wrong side of the ethical line. (If you have to give legal advice starting with "Well, technically...," you're on the wrong side of the line.)
The Real Reason Why Businesses Make Bad Decisions, Nancy B. Rapoport
The Real Reason Why Businesses Make Bad Decisions, Nancy B. Rapoport
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This book review examines Professor Jonathan Macey's latest book on corporate governance, and it uses Professor Macey's analysis to explain the latest rash of corporate scandals.
From Loyalty To Conflict: Addressing Fiduciary Duty At The Officer Level, Usha Rodrigues
From Loyalty To Conflict: Addressing Fiduciary Duty At The Officer Level, Usha Rodrigues
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Conflicts of interest are the quintessential agency cost-the constant, lurking danger that agents may seek their own personal gain, rather than the good of the corporation. Yet many corporate employees lack knowledge as to exactly what constitutes a conflict of interest. This ignorance facilitated the kind of fraud seen in Enron, WorldCom, and the options backdating scandals, and may help explain the out-sized payouts that many high-level corporate officers received even as the financial institutions they headed verged on self-destruction. Each case required not only affirmative fraudulent behavior on the part of a few, but also the tacit acceptance of …