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Open Access. Powered by Scholars. Published by Universities.®

2021

University of Chicago Law School

The University of Chicago Business Law Review

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Full-Text Articles in Law

Esg And Private Ordering, Michal Barzuza, Quinn Curtis, David H. Webber Jun 2021

Esg And Private Ordering, Michal Barzuza, Quinn Curtis, David H. Webber

The University of Chicago Business Law Review

Easterbrook and Fischel’s seminal book The Economic Structure of Corporate Law has taught us the crucial role of markets in shaping the corporate contract. With the rise of ESG, the nature of that contract is changing, but the importance of markets (and of their limitations) is not. In this piece, building on our previous work that traces the remarkable growth of ESG to a shift in demand, primarily, but not solely, among millennials, we discuss the role of markets in shaping ESG, as well as their limitations. The rise of social values, and the increasing willingness of millennials to act …