Corporate political activity raises a hard and important question for corporate law: who decides when the corporation should speak and what it should say? In several cases, the Supreme Court has provided a clear answer: shareholders, acting through the procedures of corporate democracy. While...

In the years since Enron, there has been a lively debate over the value of shareholder democracy as a means to improve corporate performance and reduce the likelihood of future Enrons or Lehman Brothers. That debate has been enriched by comparative scholarship looking at corporate governance...

This article is a response to Prof. Samuel Estreicher’s article, Deregulating Union Democracy, 21 J. LAB. RES. 247 (2000). It argues against Estreicher’s call for the deregulation of internal union affairs by repealing the Labor-Management Reporting and Disclosure Act of 1959 on several...

In an age of globalization, there is a growing perception that state regulatory instruments may be an inadequate means of regulating firm conduct. Increasingly, scholars are evaluating how corporate codes of conduct may operate as regulatory mechanisms. This article examines competing codes of...

I argue that union democracy regulation is misguided for a number of reasons. First, the regulations do not do a good of reducing agency costs of union leadership because internal union elections are not salient to most union members who rationally do not make the investments in time and...

There is a fault line running through classical liberalism as to whether or not democratic self-governance is a necessary part of a liberal social order. The democratic and non-democratic strains of classical liberalism are both present today — particularly in America. Many contemporary...

The quality of democracy in our economy depends on the governance of capital, but Europeans are still deprived of real voice over their retirement money: the single biggest source of capital in the 21st century. This paper outlines three major problems facing EU pensions: precarious retirement,...