Category Archives: Business Organisation
Lee, Ng, Yoo and Zhang, ‘Freedom of Expression Protection and Corporate Concealment of Bad News: Evidence from State Anti-SLAPP Laws’
ABSTRACT The protection of free speech enhances the ability of various public stakeholders to disseminate privately observed adverse information about public firms, making it difficult for corporate managers to conceal negative information about their companies. Using the staggered enactment of antistrategic lawsuit against public participation (anti-SLAPP) laws across US states as a shock that strengthens […]
Eldar, Nili and Xu, ‘Common Ownership Directors’
ABSTRACT We develop a model in which common owners of firms in the same industry may appoint a common director to benefit from information-sharing between firms with similar products. Information sharing through common directors increases the likelihood of product success but also reduces profits due to heightened competition. Empirically, we find that active, long-term common […]
Anat Alon-Beck, ‘Incorporating Unicorns: An Empirical Analysis’
ABSTRACT There is a growing concern among regulators and academics about how to regulate unicorns – entities large enough to have a public impact yet remaining in the private domain. An examination of corporate charters within a selected sample of unicorn firms reveals an important finding, a significant revelation emerges: 97% of these entities are […]
Peel and Caripis, ‘Corporate Climate Litigation in Australasia: (re)Shaping the Private Law-Climate Interface’
ABSTRACT This paper examines the interface between climate change and private law in Australasia through the lens of corporate climate litigation, given its prevalence in the region. Corporate climate litigation concerns lawsuits raising climate issues (whether mitigation, adaptation or loss and damage), which utilize private law causes of action such as those under corporate, financial, […]
Umakanth Varottil, ‘Corporate Climate Litigation in India: Traversing the Private-Public Law Divide’
ABSTRACT From a normative perspective, the private-public law paradigm in the context of climate litigation offers elegant conceptual clarity, but a positive account reveals constant boundary-blurring. The goal of this chapter is to demonstrate this point using India as a case study. It finds significant challenges in parties’ ability to bring private law claims of […]
Franzki and Sánchez-Alfonso, ‘From Business and Human Rights to entangled accumulation: Making sense of violence along global value chains’
ABSTRACT ‘Business and Human Rights’ (BHR) has congealed as the predominant framework to conceive and address violence in the context of transnational production networks. This article presents an analysis of the assumptions regarding the nature of violence, its underlying economic causes and potential remedies that underpin contemporary BHR regulations. Drawing from literature on primitive accumulation […]
David Ellerman, ‘Are Corporations the Problem?’
ABSTRACT Are corporations the problem? Can reforms in the area of corporate responsibility (eg, more stakeholder governance) lead to any real changes? The goal of the article is to analyse debates concerning the Citizens United case, corporate personhood, the stakeholder theory, the affected interests principle and, finally, deeper fallacies with respect to the rights of […]
Sunghoon Hong, ‘Piercing Complex Corporate Veils: Theory and Evidence’
ABSTRACT Under the doctrine of piercing the corporate veil, a court may invalidate limited liability protection and hold parent companies liable for a subsidiary’s debt within a corporate group. This paper develops a model of corporate veil piercing. A court chooses a piercing rate to specify how often the court pierces a corporate veil. A […]
Kroncke and Riegner, ‘Corporations’
ABSTRACT Examining how different constitutional systems treat corporations, this work highlights the divergence in their approaches to the corporate form. Corporations wield significant power in modern society, yet constitutional discourse has often overlook them. The authors identify and analyze four ideal types of corporate constitutionalism: liberal, social-democratic, socialist-authoritarian, and postcolonial-transformative. Each model stems from distinct […]
Aran and Packin, ‘Due Diligence Dilemma’
ABSTRACT This Article examines venture capital due diligence practices in the wake of FTX’s collapse and a broader rise in startup fraud. It introduces the ‘due diligence dilemma’: a core tension between the imperative to invest rapidly and the widespread, yet often unfulfilled, expectation that VC firms serve as effective gatekeepers through independent diligence. The […]