Private Law Theory

Ofer Eldar and Gabriel Rauterberg, ‘Is Corporate Law Nonpartisan?’ Wisconsin Law Review (forthcoming 2023), available at SSRN. America is beset with partisan politics. The brinkmanship, dysfunction, and policies that emanate from political partisanship touch so much of American life, law, and society. Increasingly and prominently, businesses have been drawn into partisan debates on issues like gender equality, gun violence, reproductive rights, racial justice, and climate change. Many executives, investors, employees, activists, and other stakeholders now expect American businesses to play an active role in addressing many of society’s toughest challenges in the face of political institutions that too often seem too partisan to meaningfully confront those challenges … (more)

[Tom CW Lin, JOTWELL, 5 September 2022]