Category Archives: Business Organisation
Russell Powell, ‘Fallout and Fiduciary Duty’
ABSTRACT The tremendous economic success of the corporate form in the United States of America has been attributed to factors including limited liability, legal personhood, transferability of ownership, continuous existence, access to capital, and the mechanisms of fiduciary duties. All of these are valorized and/or critiqued in a long legacy of corporate legal scholarship. The […]
Silvie Rohr, ‘Corporate Purpose: A Management Concept and the Role of Contract Design’
ABSTRACT In light of systemic crises such as global warming and human rights violations in business operations, the call for reevaluating corporate conduct has become more pressing than ever. As these challenges intensify, a growing consensus advocates for a shift away from shareholder profit maximization towards a more holistic stakeholder governance model. Yet, the question […]
‘Revisiting the Public/Private Divide: Corporations, Legal Education and the Common Good in a Globalized World’, Sundhya Pahuja, Queen’s University Belfast, 4 February 2025
This lecture reflects on the enduring division between public and private international law within legal education and its broader implications for society’s prosperity and well-being. It examines how this division, rooted in historical legacies of empire, shapes our understanding of the role of law in governing relationships between states, corporations, and individuals. By exploring the […]
Susanna Kim Ripken, ‘Corporate Civil Disobedience’
ABSTRACT Classic theories of civil disobedience endorse the right of individuals to commit illegal acts to protest unjust laws and policies. Acts of civil disobedience have historically played a central role in exposing injustice and producing vital legal and social change. The literature on civil disobedience is vast; political and legal theorists have long recognized […]
Mandal and Agrawal, ‘Fiduciary duties in the climate context: Indian law with comparative notes’
ABSTRACT This article will discuss the fiduciary duties of directors under Indian laws to consider climate risk and work toward adaptation and mitigation. The second part of this article will briefly examine the effects of climate change on the Indian corporate landscape. Following this, the third part will analyze the Indian legal framework that governs […]
Vargzhese George Thekkel, ‘The No Reflective Loss Principle Is Not An Old-Fashioned Corporate Law Relic’
ABSTRACT Shareholders are not allowed to bring actions for damages due to a fall in share value or loss of dividend, which are ‘reflective’ of their company’s loss. Later, this principle also found its application to ‘reflective’ losses of employees and creditors. The Supreme Court, however, in Marex Financial v Sevilleja, unanimously held that the […]
‘Racial Goals and Private Companies: What’s Legal and What’s Not’
Atinuke Adediran, ‘Racial Targets’, 118 Northwestern University Law Review 1455 (2024). In the wake of the extrajudicial murders of George Floyd and Breonna Taylor, millions protested across the US and worldwide against the racial and social injustices that persist within society. The 2020 ‘racial reckoning’ protests were the largest racial justice demonstrations in the US […]
Lee and Fricotté, ‘DAO Token Transferability: Property, Contract, and Technology’
ABSTRACT A Decentralised Autonomous Organisation (DAO) is a new form of digital enterprise that operates on blockchain networks. It enables a new model of collaboration through diverse capital contributions and equitable sharing of benefits and risks. This paper explores the legal dimensions of DAO token transferability, a vital aspect for the expansion of DAO operations. […]
Gindis and Hodgson, ‘The Legal Nature of the Firm’
ABSTRACT In 2023 The Economist noted that a ‘realistic theory of the firm was in prospect’ in the 1990s but lamented that ‘three decades on, it is no closer’. Indeed, prevailing contractual theories of the firm, inherited from Ronald Coase and others, are unable to account for what Bengt Holmström described as one of the […]
‘Equity, Conscience and Commercial Morality’ (UNSW Law Journal thematic issue)
Corporate Alter Ego Liability in Equity (Jamie Glister and Calida Tang) Remedies and the Baumgartner Joint Endeavour Principle: Aspects of the Minimum Equity Rule (Maxen Williams) Terminating Fiduciary Obligations: Is There a Duty of Loyalty to Former Clients? (Jack Zhou) Proportionate Liability for Breach of Trust under the Civil Liability Act: An Opiate on the […]