Category Archives: Business Organisation
Riz Mokal, ‘The “Too Much Unfair Value” Approach to the UK Cramdown’
ABSTRACT What is rationality and what role does it play in the bargaining in which parties engage as part of a restructuring? Is the outcome of rational bargaining fair? And, incidentally, what does ‘fair’ mean? How does reasonableness differ from rationality, and what is its role in restructuring negotiations? What conceptions of rationality and of […]
Wildner and Dolmans, ‘Sustainable Fiduciary Duties – the Time Has Come for Financial Fiduciaries to Adapt to the New Climate Reality’
ABSTRACT There is increasing debate about the role of fiduciaries in the context of the climate and nature loss crises. Some suggest that asset managers and fiduciaries should focus solely on maximizing financial returns. Others take the view that they should actively pursue climate mitigation and sustainability in their investment policy. But are these views […]
Eric Chaffee, ‘(Un)Conscious Capitalism’
ABSTRACT As society continues to demand greater corporate accountability, stakeholderism has taken root with the idea that businesses must serve a much broader range of constituencies than just shareholders. This essay explores the complexities of integrating environmental, social, and governance (ESG) concerns into for-profit corporations and posits that corporate managers are inherently ill-equipped to pursue […]
Lorraine Talbot, ‘When less is less: the complexities of growth and the degrowth company’
ABSTRACT In this article, I take issue with settled claims that the organizational features of the corporation make it the most effective enabler of growth under capitalism – an assumption that has focused various growth-critical narratives on mechanisms to regulate corporate growth. I argue that such narratives are flawed because, far from always blindly amplifying […]
Sergio Alberto Gramitto Ricci, ‘The Vitruvian Shareholder’
ABSTRACT The proportions of Leonardo’s Vitruvian Man allow the human figure to fit a circle and a square, which in Renaissance iconography represent respectively the secular and divine dimensions. Good canons allow for a proportionate and simultaneous coexistence of the two natures of humankind. Human shareholders have two natures, too: one as investors and one […]
Eric Chaffee, ‘Justifying Business Trusts’
ABSTRACT Business trusts have been and will continue to be an integral part of the United States economy, especially because of the emerging dominance of index funds, which are often organized as business trusts. Remarkably, although corporations have been the subject of thousands of articles, articles on business trusts number in the dozens, which leaves […]
Nicole Iannarone, ‘Investor Justice’
ABSTRACT There is a systemic flaw in the investor protection landscape. Unrepresented investors face off against well-resourced repeat-player firms that almost always have lawyers. While consumers face similar challenges in civil courts, in forced securities arbitration, the decisionmaker may not have a law degree; is prohibited from conducting any outside legal research; and has no […]
Binh Nguyen, ‘The Importance of Corporate Responsibility in Organizational Behavior’
ABSTRACT This paper examines the importance of corporate responsibility in organizational behavior. As companies face increasing pressure to act not just legally but morally and ethically, corporate responsibility has become a core value in the strategic decision-making process. This study explores the historical and present context, corporate responsibility concept, and stakeholder theory to see the […]
Radjas and Akin, ‘Strengthening the Efficacy of the CSDDD through Private International Law’
ABSTRACTWith the rise of expectations regarding corporate sustainability, the regulatory landscape for companies has expanded to encompass both international and national dimensions. This expansion is a response to the far-reaching ecological and social consequences of corporate activities that transcend national boundaries. Notably, the European Union (EU) has also realized this aspect while addressing these global […]
Peter Watts, ‘Forfeiture of Agents’ Remuneration’
ABSTRACT In Imageview Management Ltd v Jack (EWCA 2009) forfeiture was ordered of an agent’s entire remuneration because of non-disclosure of a conflict of interest. This was done even though there was no finding of dishonesty in the agent, and even though the services conformed to what was requested and there was no suggestion that […]