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This Article describes the results from fifty-seven interviews with corporate directors and a limited number of other persons (including institutional investors, search firm personnel, and the like) regarding their views on corporate board diversity. It highlights numerous tensions in these...
Persistent link: https://www.econbiz.de/10013063819
This chapter outlines the integrated approach taken to statutory interpretation of directors' duties in the UK in order to highlight how the interaction between case law and the reading of statutes affects the development of the common law. It highlights, and explains the reasons for, the...
Persistent link: https://www.econbiz.de/10012830617
Two recent cases, one from New Zealand and the other from the UK, highlight issues relating to the intersection between company law and securities law. In one, the directors attempted to defend alleged breaches of the statutory duty to make full prospectus disclosure by asserting that they were...
Persistent link: https://www.econbiz.de/10012999281
Directors wield increasing influence in corporate America, making pivotal decisions regarding corporate affairs and management. A robust literature recognizes directors' important role and examines their incentives and performance. In particular, scholars have worried that “busy...
Persistent link: https://www.econbiz.de/10012848171
The premises of classical company law are those of capitalism. Subject to a range of restrictions on withdrawing capital, the rules vest ultimate control of the business in those who provided the equity for the business, the shareholders. But only all the shareholders acting unanimously have...
Persistent link: https://www.econbiz.de/10012967114
Corruption is an issue that affects developing and developed countries alike. Businesses are often seen as fueling the flames of corruption by engaging in corrupt practices in order to gain advantages over competitors in business deals. Since the mid-1990s the international community has been...
Persistent link: https://www.econbiz.de/10014193454
This symposium essay summarizes our ongoing ethnographic research on corporate board diversity, discussing the central tension in our respondents’ views – their overwhelmingly enthusiastic support of board diversity coupled with an inability to articulate coherent accounts of board diversity...
Persistent link: https://www.econbiz.de/10014147842
This essay explores consequences flowing from the imposition of increasingly significant governmentally directed and enforced surveillance obligations on private actors within the economic sphere. The emerging public-private regime, exemplified by the Sarbanes-Oxley Act, has more clearly...
Persistent link: https://www.econbiz.de/10014073236
This chapter, forthcoming in the Oxford Handbook of the New Private Law, situates corporations and corporate law theory within the nascent New Private Law movement. Most theorists allied to the New Private Law focus on fundamental private law and so, in turn, bodies of law addressed to singular...
Persistent link: https://www.econbiz.de/10014032708
The sources of corporate governance law and regulation in the United States are varied and interrelated. Indeed, US corporate governance practices are also heavily influenced by investor and proxy advisory firm pressures, as well as company-specific factors. There are four key sources of legal...
Persistent link: https://www.econbiz.de/10013406292