Category Archives: Business Organisation
Salar Ghahramani, ‘Professors and Company Law: Implications for Academic Freedom’
ABSTRACT This Article examines the intersection of company law and academic freedom, specifically exploring how nonprofit universities might invoke corporate and agency law principles to assert breach of fiduciary duty claims when a university could view a professor’s handling of controversial topics or facilitation of provocative class discussions as detrimental to its financial interests or […]
Faugno and Bant, ‘Corporate culture, conscience and casinos’
ABSTRACT Corporate Culture has had only limited consideration as a mechanism for determining corporate liability in the judicial space. However, it has been widely and successfully used as a governance and regulatory tool, suggesting its potential for further, principled development. Most recently, Corporate Culture sat at the heart of two Royal Commissions into Crown Casino. […]
J Travis Laster, ‘An Eras Tour of Delaware Corporate Law’
ABSTRACT Since Delaware became a state in 1776, there have been nine eras of Delaware corporate law: the Antecedent Era, the Charter-Mongering Era, the Quiet Era, the Responding Era, the Reformation Era, the Moderating Era, the Generative Era, the Implementing Era, and the Current Era. The Journal of Corporation Law arrived towards the end the […]
Baltrunaite and others, ‘The Corporate Sustainability Due Diligence Directive (CSDDD): An Analysis of the Potential Economic and Legal Impacts’
ABSTRACT On 24 April 2024, following lengthy political and technical negotiations, the European Parliament adopted the Corporate Sustainability Due Diligence Directive (CSDDD), which requires the largest European financial and non-financial companies to comply with due diligence obligations to ensure that their operations and those carried out along their chain of activities do not violate the […]
Omari Simmons, ‘Corporate Evolution’
ABSTRACT Political entrepreneurs have declared war on environmental, social, and governance policies (‘ESG’), going so far as to attempt to criminalize ESG-influenced investing. They seek a return to some real or imagined past. They amplify and elevate their efforts into mainstream public discourse. They pursue extraordinary goals and tactics to disrupt and even dismantle institutional […]
Yashraj Srivastava, ‘The Philosophical Nature of Corporations: Examining Corporate Personality and Liability in the Context of Artificial Intelligence’
ABSTRACT Identity plays a major role in philosophy to determine the recognition of an entity, and when we talk about identity, we need to determine in what capacity it effects the legal personhood of such entity. Determination of corporate legal personality of an entity is defined well over the years by courts of law; hence […]
Hayk Hambardzumyan, ‘Common Ownership and Inequality’
ABSTRACT The decrease in competition, the increase in common ownership and the rise of inequality are well documented but still no paper has related common ownership to inequality. This paper provides empirical evidence from structural estimation that common ownership contributes to the increase in income inequality through declining competition given the common ownership hypothesis is […]
‘A Legitimation Crisis Strikes Delaware Corporate Law’
Ann Lipton, ‘The Legitimation of Shareholder Primacy’, Journal of Corporation Law (forthcoming, 2025), available at SSRN (3 February 2025). The United States is going through a moment of extreme political strife and uncertainty. Delaware’s corporate law ecosystem is going through its own moment of strife and uncertainty, albeit with less stratospheric – but still high […]
Andrew Verstein, ‘The Corporate Census’
ABSTRACT I present the first database of all entity formations in the United States, going back to the founding. All previous studies were based on tiny subsets of corporations, such as only large public corporations. Looking at the broader sample destabilizes core empirical assumptions in the field. For example, while Delaware is commonly thought to […]
Jonathan Hardman, ‘Regulating the very limited partnership’
ABSTRACT Limited partnerships (LPs) have received considerable press and policy attention over the past five years, culminating in legal reforms which provide an ability to align LP law more closely to company law. This paper challenges the wisdom of exercising this ability without prior analysis. It draws on historical, conceptual, and empirical methodologies to make […]