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Social and Behavioral Sciences Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
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- 43 U.S. 497 (1844) (1)
- Agencement theory (1)
- Aggregate entity theory (1)
- American Corporate Jurisprudence (1)
- Artificial entity theory (1)
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- Basel Committee on Banking Supervision's Internal Capital Adequacy Assessment Program (1)
- Capital adequacy (1)
- Corporate legal personality (1)
- Foreign investment (1)
- Global Crisis of Neoliberalism (1)
- Hugh Swinton Legaré (1)
- ICAAP (1)
- IIR (1)
- International Investment Regime (1)
- Louisville Cincinnati & Charleston R. Co. v. Letson (1)
- MBR (1)
- Making banks (1)
- Management-based regulation (1)
- Neoliberal regulation (1)
- Private property rights (1)
- Proportionality (1)
- Real entity theory (1)
- Risk-data processing system (1)
- Risk-measurement system (1)
- Rupture or Continuity (1)
- Social corporate responsibility (1)
- Theorizing the corporation in the U.S. (1)
- Transatlantic influences (1)
- United States Supreme Court (1)
- Value-at-risk models (1)
Articles 1 - 3 of 3
Full-Text Articles in Social and Behavioral Sciences
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Transatlantic Influences On American Corporate Jurisprudence: Theorizing The Corporation In The United States, Tara Helfman
Indiana Journal of Global Legal Studies
In interpreting and evaluating the history of the Supreme Court's corporate jurisprudence, legal scholars have deployed three broad theories of corporate legal personality: the aggregate entity theory, the artificial entity theory, and the real entity theory. While these theories are powerful ways of conceptualizing the corporation, this article shows that they have not been as central to the Supreme Court's corporate jurisprudence as recent scholarship suggests. It instead argues that historic transformations in the high court's corporate jurisprudence are best understood in light of contemporary intellectual currents rather than through an expost facto application of the aggregate, artificial, and real …
Making Banks On A Global Scale: Management-Based Regulation As Agencement, Mika Viljanen
Making Banks On A Global Scale: Management-Based Regulation As Agencement, Mika Viljanen
Indiana Journal of Global Legal Studies
This article seeks to provide a theoretical account of how management-based regulation (MBR), a new regulatory style used by many global regulators, affects its targets. The article centers on a case study. It introduces agencement theory as the theoretical heuristic to inform the analysis of a global, large-scale MBR scheme, the Basel Committee on Banking Supervision's Internal Capital Adequacy Assessment Program (ICAAP). In agencement theory, agency is understood in a neomaterialist frame. The core idea is that an actor's actions are determined by the material assemblage that constitutes her. The agencement heuristic allows ICAAP to be conceptualized as a regulatory …
The International Investment Regime After The Global Crisis Of Neoliberalism: Rupture Or Continuity?, Nicolas Perrone
The International Investment Regime After The Global Crisis Of Neoliberalism: Rupture Or Continuity?, Nicolas Perrone
Indiana Journal of Global Legal Studies
This article aims to show that the tools being used to recalibrate the international investment regime, in particular proportionality and corporate social responsibility, constitute continuity rather than rupture with neoliberalism and neoliberal legality. Neoliberalism has been discredited, and few actors suggest a return to self-regulation after the 2008 global economic crisis. This call for regulation, however, finds international economic law scholarship divided between those who claim that standards of review and corporate social responsibility can solve the crisis of neoliberalism, and those who believe that the problem is more profound. In the case of the international investment regime, this article …