The End of the 'End of History for Corporate Law'?

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Publisher :
ISBN 13 :
Total Pages : 22 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis The End of the 'End of History for Corporate Law'? by : Michelle Anne Welsh

Download or read book The End of the 'End of History for Corporate Law'? written by Michelle Anne Welsh and published by . This book was released on 2014 with total page 22 pages. Available in PDF, EPUB and Kindle. Book excerpt: Henry Hansmann and Reinier Kraakman's article 'The End of History for Corporate Law' has been highly influential in corporate law scholarship since its publication in 2001. Our contribution revisits the theory advanced in that article and examines both the significant contribution it made and the key criticisms that can be levelled against it. The theory espoused by Hansmann and Kraakman can be criticised because in many respects it does not fit the changing reality of corporate law. Indicators of this include the continued importance of the stakeholder model, the impact of transnational regulation on national corporate laws and, in some jurisdictions, the acceptance of a public role for corporate law. In addition, contrary to their convergence thesis, national corporate governance laws are thriving and company law and corporate governance codes continue to reflect the cultural heritage, public policy choices and prevailing ideological and political principles of the states enacting them.

The End of History for Corporate Law

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Publisher :
ISBN 13 :
Total Pages : 32 pages
Book Rating : 4.:/5 (247 download)

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Book Synopsis The End of History for Corporate Law by : Henry Hansmann

Download or read book The End of History for Corporate Law written by Henry Hansmann and published by . This book was released on 2000 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Convergence of Corporate Governance

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Publisher : Springer
ISBN 13 : 1137029560
Total Pages : 262 pages
Book Rating : 4.1/5 (37 download)

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Book Synopsis The Convergence of Corporate Governance by : Abdul Rasheed

Download or read book The Convergence of Corporate Governance written by Abdul Rasheed and published by Springer. This book was released on 2012-06-12 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: Takes readers through an in-depth examination of many leading industrialized nations and identifies both the drivers that propel corporations towards convergence and the major impediments that stand in the way of convergence. Also examines many mechanisms of convergence such as governance codes, MNCs, and IPOs.

End of History and the Last Man

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Publisher : Simon and Schuster
ISBN 13 : 1416531785
Total Pages : 464 pages
Book Rating : 4.4/5 (165 download)

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Book Synopsis End of History and the Last Man by : Francis Fukuyama

Download or read book End of History and the Last Man written by Francis Fukuyama and published by Simon and Schuster. This book was released on 2006-03-01 with total page 464 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ever since its first publication in 1992, The End of History and the Last Man has provoked controversy and debate. Francis Fukuyama's prescient analysis of religious fundamentalism, politics, scientific progress, ethical codes, and war is as essential for a world fighting fundamentalist terrorists as it was for the end of the Cold War. Now updated with a new afterword, The End of History and the Last Man is a modern classic.

A Different Kind of 'End of History' for Corporate Law

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Publisher :
ISBN 13 :
Total Pages : 27 pages
Book Rating : 4.:/5 (13 download)

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Book Synopsis A Different Kind of 'End of History' for Corporate Law by : Lilian Moncrieff

Download or read book A Different Kind of 'End of History' for Corporate Law written by Lilian Moncrieff and published by . This book was released on 2018 with total page 27 pages. Available in PDF, EPUB and Kindle. Book excerpt: The chapter explores the character and significance of the critical legal project in corporate governance. Birth stories for the field typically grant a foundational role to financial economists and to a drive for efficiency that is operationalized as shareholder primacy in company law. But the continued antagonisms presented by corporate projects, alongside a rich tradition of critical company law, suggest the presence of strains within this particular 'end of history'. Critical legal scholars, taking up these strains, widely insist on the 'social' character of productive activities and on the 'anti-social' nature of financialised corporate governance. The chapter describes the different approaches to corporate socialisation that stem from this claim, which range from 'stakeholder' and 'commons' approaches to corporate governance to the rise of 'regulatory governance' and 'reflexive law.' In the end it finds that a radically different approach to corporate socialisation and also history is required, if a neutering of the critical legal project in an age of surging complexity and ruin is to be avoided.

The Globalization of Corporate Law

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Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.:/5 (137 download)

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Book Synopsis The Globalization of Corporate Law by : Franklin A. Gevurtz

Download or read book The Globalization of Corporate Law written by Franklin A. Gevurtz and published by . This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Considerable scholarship during the last few decades addresses the question of whether corporate laws are becoming global by converging on commonly accepted approaches. Some scholars have asserted that such convergence is occurring around the most efficient laws and institutions thereby marking the “End of History” for corporate law. This paper responds to such assertions by developing three claims not previously given due attention in the convergence literature. First, it demonstrates that the history of corporations and corporate law has been one of seemingly constant movement toward global convergence; yet, the resulting convergence is always incomplete or transitory. Next, it points out that there are other forces besides efficiency which produce convergence. This means that convergence often occurs around corporate laws and institutions which have no particular efficiency or other normative advantage or that necessarily represent stable equilibrium points. Finally, the paper asks what are the important corporate laws and institutions by which to measure the extent of convergence at any one time. It develops the answer that a stable convergence is least likely for the most important corporate law issues, which are characterized by tensions between competing policies and no easy solutions for the problems presented.

The Oxford Handbook of Corporate Law and Governance

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Publisher : Oxford University Press
ISBN 13 : 0198743688
Total Pages : 1217 pages
Book Rating : 4.1/5 (987 download)

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Book Synopsis The Oxford Handbook of Corporate Law and Governance by : Jeffrey Neil Gordon

Download or read book The Oxford Handbook of Corporate Law and Governance written by Jeffrey Neil Gordon and published by Oxford University Press. This book was released on 2018 with total page 1217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law and governance are at the forefront of regulatory activities worldwide, and subject to increasing public attention in the wake of the Global Financial Crisis. Comprehensively referencing the key debates, the Handbook provides a much-needed framework for understanding the aims and methods of legal research in the field.

Research Handbook on the History of Corporate and Company Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1784717665
Total Pages : 653 pages
Book Rating : 4.7/5 (847 download)

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Book Synopsis Research Handbook on the History of Corporate and Company Law by : Harwell Wells

Download or read book Research Handbook on the History of Corporate and Company Law written by Harwell Wells and published by Edward Elgar Publishing. This book was released on 2018-02-23 with total page 653 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding the corporation means understanding its legal framework, but until recently the origins and evolution of corporate law have received relatively little attention. The topical chapters featured in this Research Handbook, contributed by leading scholars from around the world, examine the historical development of corporation and business organization law in the Americas, Europe, and Asia from the ancient world to modern times, providing an invaluable resource for both further historical research and scholars seeking the origins of present-day issues.

Corporate Law or the Law of Business? Stakeholders and Corporate Governance at the End of History

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Publisher :
ISBN 13 :
Total Pages : 26 pages
Book Rating : 4.:/5 (129 download)

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Book Synopsis Corporate Law or the Law of Business? Stakeholders and Corporate Governance at the End of History by : Adam Winkler

Download or read book Corporate Law or the Law of Business? Stakeholders and Corporate Governance at the End of History written by Adam Winkler and published by . This book was released on 2014 with total page 26 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate law is said to be witnessing the end of history. The long battle between the conservative, private, shareholder-wealth-maximization school of corporate legal thought and the progressive, public, stakeholder-protection/social responsibility school is now over and the victor, it is claimed by conservatives and progressives alike, is the former. This article argues that the private, shareholder-wealth-maximization school's victory is more illusory than real, and depends on a distortedly narrow view of what constitutes corporate governance. Offering a legal history of how the progressive-inspired ideals of stakeholder protection and corporate social responsibility through mandatory legal rules have shaped the law affecting corporations, this article uncovers two patterns which caution against a rush to declare the ultimate triumph of shareholder primacy. The first pattern is that progressives have successfully influenced several important areas of corporate law, such as the allowance of charitable giving and adoption of constituency statutes. These corporate law victories, however, have had notably mixed results; while sometimes helping stakeholders, they have also expanded managerial discretion and thus permitted self-dealing and opportunism.A second pattern is that progressives have been tremendously successful in shaping laws outside of corporate law but that nevertheless regulate fundamental features of corporate behavior in the name of stakeholders. From securities and labor law reforms in the New Deal to the environmental and consumer protection laws of the 1960s and 1970s, progressives have won a diverse and broad array of mandatory legal rules designed to limit corporate conduct perceived as harmful to non-shareholder constituencies. These various bodies of law - what might be termed the law of business - are forceful shapers of the choices corporate management can make about basic operational and organizational decisions.These patterns suggest that today's progressives might find more success changing laws external to corporate law rather than altering fiduciary principles. They also suggest that claims about the quot;end of historyquot; and the triumph of shareholder primacy depend on an artificially narrow view of the law affecting corporate management. Whatever its explanatory power in corporate law, shareholder primacy is far from an accurate description of the law of business or of corporate practice.

Corporate Friction

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Publisher : Cambridge University Press
ISBN 13 : 1107186404
Total Pages : 225 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Corporate Friction by : David Yosifon

Download or read book Corporate Friction written by David Yosifon and published by Cambridge University Press. This book was released on 2018-05-10 with total page 225 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book criticizes prevailing corporate law in the United States and articulates reforms aimed at making corporations more socially responsible.

The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability

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Publisher : Cambridge University Press
ISBN 13 : 9781108473293
Total Pages : 758 pages
Book Rating : 4.4/5 (732 download)

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Book Synopsis The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability by : Beate Sjåfjell

Download or read book The Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2019-12-12 with total page 758 pages. Available in PDF, EPUB and Kindle. Book excerpt: The emerging field of corporate law, corporate governance and sustainability is one of the most dynamic and significant areas of law and policy in light of the convergence of environmental, social and economic crises that we face as a global society. Understanding the impact of the corporation on society and realizing its potential for contributing to sustainability is vital for the future of humanity. This Handbook comprehensively assesses the state-of-the-art in this field through in-depth discussion of sustainability-related problems, numerous case studies on regulatory responses implemented by jurisdictions around the world, and analyses of predominant strategies and potential drivers of change. This Handbook will be an essential reference for scholars, students, practitioners, policymakers, and general readers interested in how corporate law and governance have exacerbated global society's most pressing challenges, and how reforms to these fields can help us resolve those challenges and achieve sustainability.

Outline of a Phenomenology of Right

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Publisher : Rowman & Littlefield
ISBN 13 : 9780742559059
Total Pages : 528 pages
Book Rating : 4.5/5 (59 download)

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Book Synopsis Outline of a Phenomenology of Right by : Alexandre Kojève

Download or read book Outline of a Phenomenology of Right written by Alexandre Kojève and published by Rowman & Littlefield. This book was released on 2007 with total page 528 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Alexandre Kojeve was one of the twentieth century's most important political philosophers, yet among American intellectuals he is known mostly by reputation. Kojeve's reading of Hegel influenced an entire generation of French intellectuals, including Raymond Aron, Georges Bataille, Jacques Lacan, and Eric Weil. His work also inspired Francis Fukuyama's famous thesis in The End of History and the Last Man. Published posthumously in 1981 and available for the first time in English, Outline of a Phenomenology of Right is Kojeve's most political work. This is Kojeve's only sustained discussion of such fundamental questions as justice, law, and the most satisfying form of government." --Book Jacket.

Convergence and Persistence in Corporate Governance

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Publisher : Cambridge University Press
ISBN 13 : 9780521536011
Total Pages : 396 pages
Book Rating : 4.5/5 (36 download)

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Book Synopsis Convergence and Persistence in Corporate Governance by : Jeffrey N. Gordon

Download or read book Convergence and Persistence in Corporate Governance written by Jeffrey N. Gordon and published by Cambridge University Press. This book was released on 2004-04-08 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Corporate governance is on the reform agenda all over the world. How will global economic integration affect the different systems of corporate ownership and governance? Is the Anglo-American model of shareholder capitalism destined to become the template for a converging global corporate governance standard or will the differences persist? This reader contains classic work from leading scholars addressing this question as well as several new essays. In a sophisticated political economy analysis that is also attuned to the legal framework, the authors bring to bear efficiency arguments, politics, institutional economics, international relations, industrial organization, and property rights. These questions have become even more important in light of the post-Enron corporate governance crisis in the United States and the European Union's repeated efforts at corporate integration. This will become a key text for postgraduates and academics.

The End of Law

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Publisher : Edward Elgar Publishing
ISBN 13 : 1788114000
Total Pages : 199 pages
Book Rating : 4.7/5 (881 download)

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Book Synopsis The End of Law by : David McIlroy

Download or read book The End of Law written by David McIlroy and published by Edward Elgar Publishing. This book was released on 2019 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: The End of Law applies Augustine’s questions to modern legal philosophy as well as offering a critical theory of natural law that draws on Augustine’s ideas. McIlroy argues that such a critical natural law theory is: realistic but not cynical about law’s relationship to justice and to violence, can diagnose ways in which law becomes deformed and pathological, and indicates that law is a necessary but insufficient instrument for the pursuit of justice. Positioning an examination of Augustine’s reflections on law in the context of his broader thought, McIlroy presents an alternative approach to natural law theory, drawing from critical theory, postmodern thought, and political theologies in conversation with Augustine.

Understanding Company Law

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Publisher : Routledge
ISBN 13 : 1351655558
Total Pages : 327 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis Understanding Company Law by : Alastair Hudson

Download or read book Understanding Company Law written by Alastair Hudson and published by Routledge. This book was released on 2017-07-06 with total page 327 pages. Available in PDF, EPUB and Kindle. Book excerpt: Understanding Company Law is a lively introduction to the key principles of the Companies Act 2006 and modern company law. It takes a unique approach to the subject, which also encompasses the important and growing fields of securities regulation, corporate governance and corporate social responsibility. This book covers all of the key topics that a student reader will encounter in any company law course. The discussion presents the key principles simply, before guiding the reader through the more complex issues that are often the focus of examinations in this subject. It also offers pathways into further reading, while injecting enjoyment back into the topic. In Understanding Company Law, Professor Hudson provides a straightforward guide to the law, while providing context, detailed analyses of the leading cases, and no little humour. The second edition covers key recent changes and developments in company law, both case law and statutory, including: two recent Supreme Court decisions on piercing the corporate veil, VTB Capital plc v Nutritek International Corp and others and Prest v Petrodel Resources Limited & Others, and an analysis of the Conservative government’s Green Paper on Corporate Governance. Online support Visit the author’s website at www.alastairhudson.com to find podcasts of specially recorded lectures covering the basic principles and an audiobook version of this text.

The Anatomy of Corporate Law

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Publisher : Oxford University Press, USA
ISBN 13 : 9780199260645
Total Pages : 250 pages
Book Rating : 4.2/5 (66 download)

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Book Synopsis The Anatomy of Corporate Law by : Reinier H. Kraakman

Download or read book The Anatomy of Corporate Law written by Reinier H. Kraakman and published by Oxford University Press, USA. This book was released on 2004 with total page 250 pages. Available in PDF, EPUB and Kindle. Book excerpt: This overview starts from the premise that corporate law across jurisdictions addresses the same three basic agency problems - the opportunism of: managers vis-a-vis shareholders; controlling shareholders vis-a-vis minority shareholders; and shareholdersvis-a-vis other corporate constituencies.

Fiduciary Obligations in Business

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Publisher :
ISBN 13 : 110848512X
Total Pages : 375 pages
Book Rating : 4.1/5 (84 download)

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Book Synopsis Fiduciary Obligations in Business by : Arthur B. Laby

Download or read book Fiduciary Obligations in Business written by Arthur B. Laby and published by . This book was released on 2021-09-09 with total page 375 pages. Available in PDF, EPUB and Kindle. Book excerpt: Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.