Category Archives: Business Organisation
Bertelli and Peluffo, ‘Consumer Education for Sustainability and Market Citizenship: A European Private Law Perspective’
ABSTRACT The common values implied in the principle of sustainable development are reshaping the economic model of a ‘competitive social market economy’ in the EU internal market, as well as the overall approach to EU law. In this context, consumer education is essential to help individuals to make informed choices that support sustainability. Both consumers […]
Jun Wang, ‘Thirty Years of the Company Law of China: Review and Prospect’
ABSTRACT This article reviews the evolution and development of China’s Company Law over the past three decades, and examines its relationship with SOE reform, the growth of the private economy, as well as corporate governance and creditor protection. At present, the primary mission of the Company Law remains to encourage and protect investment, enabling both […]
Bratton and Sepe, ‘A Theory of Corporate Remedies’
ABSTRACT Corporate law scholarship finely parses fiduciary duties and judicial findings of breach thereof. Yet it largely ignores the matter of judicial choice of remedies. This Article supplies the first systematic treatment of the subject. It covers public corporations and divides them into two categories, those with separated ownership and control and those with control […]
John Lowry, ‘Lady Arden’s quest for rationality in modern company law’
ABSTRACT The enduring influence of Lady Arden over the development of modern corporate law can be seen across its key components. This essay explores her impact by distilling the key features that, taken together, represent the hallmark of her approach. The three central factors that come into play comprise her advocacy of the importance of […]
Robert Rhee, ‘Do AIs Dream of Electric Duties?’
ABSTRACT The opportunity and problem of AI as manager are multifaceted, but an AI manager is a nonstarter if it is incapable of fulfilling a manager’s core legal duty—the duty to comply with the minimum level of high conduct that the law imposes on those who hold power over an obligee’s special interest. As a […]
‘Corporate Groups & the Principle of Reality’
Mariana Pargendler and Olivia Pasqualeto, ‘Overcoming Corporate Separateness: The Early Origins of Group Liability for Workers and Beyond’, American Journal of Comparative Law (forthcoming 2026), available at SSRN (22 January 2026). In 2024, the Brazilian Supreme Court froze assets of a Starlink subsidiary because of non-compliance by X (formerly Twitter). What do Starlink and X […]
Stefan Lo, ‘Liabilities of Controlling Shareholders for a Company’s Torts: A Reform Proposal’
ABSTRACT There are inefficiencies and moral objections to controlling shareholders being able to avoid bearing liability for a company’s torts while being able to profit from the company’s tortious activities. This article argues for a statutory model of liability for controlling shareholders in respect of corporate torts which lead to personal injury or death and […]
Arman Valaquenta, ‘Of Equitable Liability’
ABSTRACT Limited liability is foundational to modern corporate finance because it permits diversified equity ownership, market liquidity, and impersonal capital formation. Yet finance models treat the shareholder liability cap as an exogenous legal boundary, not as a separately priced protection. This paper studies the pricing failure created by that convention. When corporate harm exceeds firm-side […]
‘Corporate Governance through a Queer Perspective’
Darren Rosenblum, ‘Queers, Closets, and Corporate Governance’, 80 Business Lawyer 413 (2025). Diversity, equity, and inclusion (DEI) efforts at the board level and beyond have been a major topic in corporate governance for the last decade or two. Those efforts have mainly focused on gender and racial diversity, but initiatives (now struck down) in California […]
Yuval Feldman, ‘Can Corporations Be Trusted? Voluntary Compliance and the Limits of Non-Coercive Business Regulation’
ABSTRACT This Article extends the voluntary compliance framework developed in ‘Can the Public Be Trusted? The Promise and Perils of Voluntary Compliance’ to the corporate context. While recent scholarship has explored when states can rely on non-coercive regulatory approaches with individual citizens, comparatively little attention has been paid to whether these insights translate to business […]