Economic History Commons^™

Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao

Seattle University Law Review

We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.

The New Financial Assets: Separating Ownership From Control, Tamar Frankel

Seattle University Law Review

In The Modern Corporation and Private Property, Adolf A. Berle and Gardiner Means wrote about the separation of ownership from control in corporations. They noted that the interests of the controlling directors and managers can diverge from those of the shareholder owners of the firm. . . . There are those who consider such a decoupling beneficial. Others express the same concern that Berle and Means have expressed. And depending on what one focuses on in viewing the pluses and minuses of these separations, one could reach different conclusions. I reach a number of conclusions. First, the separation of …

Then And Now: Professor Berle And The Unpredictable Shareholder, Jennifer G. Hill

Seattle University Law Review

Shareholders, and the relationship between shareholders and management, lay at the heart of Professor Berle’s scholarship. The goal of this Article is to compare the image of shareholders emerging from The Modern Corporation and Private Property and the Berle/Dodd debate with a range of contemporary visions of the shareholder that underpin some international regulatory responses to recent financial debacles, from Enron to the current global financial crisis. As the Article dis- cusses, these recent developments in the era of financial crises have prompted a reevaluation of the traditional image of the shareholder—and the role of the shareholder in the modern …

Berle And The Entrepreneur, Charles R.T. O'Kelley

Seattle University Law Review

In the first and last four chapters (“the Five Chapters”) of The Modern Corporation and Private Property, Adolf Berle, Jr. describes in sweeping terms a fundamental transformation of the American economy. . . . Writing more than ten years before Berle, another seminal scholar, Frank Knight . . . developed a theory of the entrepreneur as part of his larger effort to more carefully explain the theoretical underpinnings of a free-market economy. . . . Given Knight’s prominence and the fact that Knight apparently reached dramatically different conclusions than did Berle concerning the consequences flowing from separation of ownership …

The Birth Of Corporate Governance, Harwell Wells

Seattle University Law Review

Part I of this Article briefly examines the concept of “corporate governance” and argues for dating the concept’s origins to the debates of the 1920s. Part II then moves on to examine early scholarly and popular discussions of the separation of ownership and control. After surveying the historical developments that produced the recognizably modern corporate economy around the turn of the century, it examines early scholarly and popular discussions of the separation of ownership and control, focusing on three major thinkers, Louis D. Brandeis, Walter Lippmann, and Thorstein Veblen. It argues that, while each of these authors examined the separation …

Illusions Of Market Paradise: State, Business, And Economic Reform In Post-Socialist Russia And Post-1980s Crisis Argentina, Jeffrey K. Hass, Gastón J. Beltrán

Sociology and Anthropology Faculty Publications

The 1980s and early 1990s were characterized by sweeping, radical neoliberal, monetarist-inspired economic reforms designed to correct financial or structural crises. Latin American countries initiated the wave, followed by Eastern Europe and the former USSR, although the timing, scope, and policies varied. Often one reads accounts of friends and foes of reform lined up to do battle in domestic and international alliances. However, reform processes and outcomes do not always follow the formula of reformers versus conservatives; there is more to the balance of power than these all-too-common accounts would suggest. Industrial managers in the Soviet Union and post-Soviet Russia …

Monitoring To Reduce Agency Costs: Examining The Behavior Of Independent And Non-Independent Boards, Anita Anand, Frank Milne, Lynnette Purda

Seattle University Law Review

Berle and Means’s analysis of the corporation—in particular, their view that those in control are not the owners of the corporation—raises questions about actions that corporations take to counter concerns regarding management’s influence. What mechanisms, if any, do corporations implement to balance the distribution of power in the corporation? To address this question, we analyze boards of directors’ propensity to voluntarily adopt recommended corporate governance practices. Because board independence is one way to enhance shareholders’ ability to monitor management, we probe whether firms with independent boards of directors (which we define as boards with either an independent chair or a …

What Happens When Uganda Is Sapped! : Have Uganda's Structural Adjustment Policies Increased Women's Poverty?, Talin Saroukhanian

Legacy Theses & Dissertations (2009 - 2024)

Have the World Bank's policy-based loans exacerbated or reduced poverty in

Securities Intermediaries And The Separation Of Ownership From Control, Jill E. Fisch

Seattle University Law Review

The Modern Corporation & Private Property is a paradigm-shifting analysis of the modern corporation. The book is perhaps best known for the insights of Berle and Means about the separation of ownership from control and the consequences of that separation for the allocation of power within the corporation. The Berle and Means story focuses on the shareholder as the owner of the corporation. Berle and Means saw the mechanism of centralized management—in which the shareholder retains the economic interest but not the control rights associated with ownership—as threatening the conception of shareholder interests in terms of property rights. In particular, …

The Modern Corporation As Social Construction, Mark S. Mizruchi, Daniel Hirschman

Seattle University Law Review

Classic works, Mark Mizruchi and Lisa Fein argued, share a particular fate. Authors often cite classic works without reading them—or without reading them carefully. . . . Yet perhaps no single work fits the above description better than one of the most important books on the large corporation ever published: Adolf Berle and Gardiner Means’s The Modern Corporation and Private Property. One can speculate that few works in the social sciences have been as often cited and as little read. As a consequence, we would expect The Modern Corporation to be a good candidate for either selective interpretation or …

Tribal Gaming And The Political Contributions Strategies Of Native American Tribes In Minnesota, Thomas Sorenson

Political Science Theses and Capstones

The Indian Gaming Regulatory Act has made a big impact on tribal-state relations since it was enacted in 1988 by the federal government. Tribes have started to make campaign contributions to state and federal politicians to help try to mold lawmakers to vote for Tribal interests. My research looks at Minnesota tribes and their campaign contributions to House members during the 2005 election, and whether these lawmakers voted for tribal issues during their term. For control variables I also gathered a variety of information related to legislative districts. What my analysis has shown is that the tribes in Minnesota donate …

Jones - Roman Inflation, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Shaikh, A. (Undated). Na-25-19 folder notes (Handwritten folder notes). Anwar Shaikh Papers. Collection of unpublished archival labels and annotations.
• Jones, A. H. M. (1953). Inflation under the Roman empire. The Economic History Review, Second Series, Economic History Society.

Moral Markets: The Critical Role Of Values In The Economy By Paul J. Zak (Book Review), Jonathan B. Wight

Economics Faculty Publications

This volume contains the fruits of a two-year seminar on ethics and economics funded by the John Templeton Foundation and administered through the Gruter Institute for Law and Behavioral Research. Participants came from the social sciences, natural sciences, and humanities, and included Nobel Laureate Vernon Smith and other figures such as Frans de Waal, Herbert Gintis, Robert Frank, and Robert Solomon (for whom the book is dedicated in memoriam). The book’s editor, Paul Zak, is a pioneer in the emerging field of neuroeconomics, which uses medical technology to discover the physiological manifestations of cooperative and altruistic behavior. A theme of …

Woman's Work: Female Lighthouse Keepers In The Early Republic, 1820–1859, Virginia Neal Thomas

History Theses & Dissertations

During the Early Republic between 1820 and 1859, women, on average, comprised about five percent of the principal lighthouse keepers in the United States. These women represent a unique exception to the experience of the majority of working women during the Early Republic. They received equal pay to men, and some supervised lower-paid male assistants. They filled these predominately male positions because lighthouse work had much in common with stereotypical woman's work, they were most often related to the previous keeper, and they fit within cultural ideals of gender roles. Inquiry beyond the romantic image crafted for these light keepers …

Corporate Power In The Public Eye: Reassessing The Implications Of Berle’S Public Consensus Theory, Marc T. Moore, Antoine Rebérioux

Seattle University Law Review

We analyze Berle’s overall corporate governance project in accordance with what we see as its four core sub-themes: (A) the limitations of external market forces as a constraint on managerial decision-making power; (B) the desirability of internal (corporate) over external (market) actors in allocating corporate capital; (C) civil society and the public consensus as a continuous informal check on managerial decision-making power; and (D) shareholder democracy (as opposed to shareholder primacy or shareholder wealth maximization) as a socially instrumental institution. We seek to debunk the popular misconception that Berle’s early work was a defense of the orthodox shareholder primacy paradigm …

Money, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Ofonagoro, Walter I. From traditional to British currency in southern Nigeria: Analysis of a currency revolution, 1880-1948. The Journal of Economic History, volume thirty-nine, issue three. Cambridge University Press.
• Shaikh, Anwar. Lab on money, cost of gold production, and notes on Marx. Unpublished manuscript.
• Shaikh, Anwar. Notes on gold and copper prices, and the velocity of circulation. Unpublished manuscript.
• Shaikh, Anwar. Notes on fiat money, quantity of circulating money, and Don Lavoie. Unpublished manuscript.
• Shaikh, Anwar. Chronology of gold prices, post-war gold reserves, and Galbraith. Unpublished manuscript.
• Shaikh, Anwar. Mathematical notes …

Chapter Five, Money - Earlier Drafts, Anwar Shaikh Phd

Archives of Anwar Shaikh

This collection includes:

• Exchange, money and price — Shaikh, Anwar, PhD. Draft dated May 17, 2010, with an earlier date of March 22, 2009 also recorded on the document. Unpublished manuscript.
• Exchange, money and price — Shaikh, Anwar, PhD. Outline dated May 14, 2010, with an earlier date of March 22, 2009 also recorded on the document. Unpublished outline.
• Long waves: Theories and chronologies — Shaikh, Anwar, PhD. Undated. Unpublished handwritten notes and chronological table.
• Notes on long waves and great depressions — Shaikh, Anwar, PhD. Undated. Unpublished research notes.
• General points on Marx's theory of money — Shaikh, Anwar, …

Tracking Berle’S Footsteps: The Trail Of The Modern Corporation’S Last Chapter, William W. Bratton, Michael L. Wachter

Seattle University Law Review

Readers game enough to work through all three hundred pages of The Modern Corporation and Private Property looking for insights on corporate law today encounter two, apparently contradictory, lines of thought. One line, set out in Books II and III, resonates comfortably with today’s shareholder-centered corporate legal theory. Here the book teaches that even as ownership and control have separated, managers should function as trustees for the shareholders and so should exercise their wide-ranging powers for the shareholders’ benefit. The other line of thought emerges in Books I and IV, where The Modern Corporation encases this shareholder trust model in …

Rethinking The Separation Of Ownership From Management In American History, Kenneth Lipartito, Yumiko Morii

Seattle University Law Review

In <em>The Modern Corporation and Private Property</em>, Adolf Berle and Gardiner Means would use AT&T as a prime example of what they saw as a dangerous new trend, the replacement of ownership-based capitalism with giant corporations controlled by a small group of propertyless managers. Indeed, AT&T became Berle and Means’ favorite example. . . . As we shall see, however, the claim that AT&T was a leading example of the separation of ownership from management is incomplete. More importantly, the common interpretation of Berle and Means’ work is mistaken, placing the emphasis incorrectly on the number of shareholders and reading …

Berle’S Vision Beyond Shareholder Interests: Why Investment Bankers Should Have (Some) Personal Liability, Claire Hill, Richard Painter

Seattle University Law Review

This essay, published in a symposium on the work of Adolf Berle, approaches the Berle-Dodd debate from the perspective that corporate managers have responsibilities beyond pursuing the interests of shareholders. Stock based executive compensation, designed to align managers’ interests with those of shareholders, has, in the investment banking industry in particular, failed to avert, and may have caused, managers (in this case, bankers) to take excessive risks that in the present financial crisis inflicted great damage on creditors and on society as a whole. We describe here the broad outlines of a proposal that we will discuss in future publications …