This paper narrates a biblical story - Eve's ingestion of the forbidden fruit - and analogizes it to a recent business law story that I explore in my scholarship and use in my teaching - Martha Stewart's sale of ImClone stock as alleged insider trading. The analogy, while imperfect, helps expose...

In recent years there have been two parallel discussions taking place in the US and in the UK about the role which institutional shareholders should play in governing the corporation. In the US this discussion is around the idea of shareholder empowerment, in the UK it is around shareholder...

This study seeks to investigate the relationship between corporate governance, measured by Corporate Governance Index (CGI), and firm's performance and dividend payouts during the financial crisis in Poland. The empirical approach in the study lies in constructing a comprehensive measures of the...

The role of Non-executive directors in public limited companies has been gaining eminence in the global perspective. Non-executive directors are seen as counter-balancing elements to the immerse powers of the executive directors who have long been accused of abusing their vested powers for their...

Some pressure groups propagate that agency costs in companies could be reduced if shareholders would have access to board minutes as the shareholders would have first hand information regarding the affairs of the reporting entity rather than analysing the company through annual reports which...

There are few things more constant in life than the rise and fall of financial markets. When markets crash, however, we are forced to restore them while learning from our mistakes. In the wake of the recent subprime mortgage crisis, Congress has drastically but deservedly overhauled the...

The trend of Kansas courts looking to Delaware precedent has continued unabated. However, the trend of homogenization of fiduciary duty law as applied to different forms of entity has suffered some setbacks with respect to partnerships and limited liability companies. In addition, the law of...

Well-constructed, country-specific “corporate governance indices” can predict higher firm values in emerging markets. However, there is little credible research on which aspects of governance drive that overall relationship. We study that question across four major emerging markets (Brazil,...

Governance at banks, especially major banks, requires further reform, especially with respect to incentives. Supervisors are concerned that incentives may make executives prone to take “excessive” risks. Shareholders are concerned that banks rarely earn their cost of capital.What's needed is...