This paper deals with the transplant and adaption of company law in the Australian colony of Victoria during the second half of the nineteenth century. It seeks to place the development of company law in Victoria in its economic and institutional contexts so as to inform a consideration of the...

This collection consists of 21 moot court problems drafted and used since 2005 either for selection rounds in an Indian law school or for national moot court competitions. The subject matter of the these moot court problems relates to corporate and commercial laws in India, but usually with a...

Pothers about liability risks for company directors and officers are nothing new in corporate law. The global financial crisis, however, created a unique and unfamiliar commercial matrix in which such concerns were played out. Although Australia fared better than many jurisdictions during the...

Promoting entrepreneurship is high on the agenda both at European and national levels. This is reflected in a number of company law initiatives which have mainly been focused on creating easier and cheaper access to limited liability. However, the question is whether it is possible to promote...

Entrepreneurs enjoy considerable freedom in choosing the rules that will govern their firms. As a general rule, they are able to select not only the state of incorporation, but also the entity type. When making these choices, entrepreneurs have reason to care about the extent to which other...

In Sebelius v. Hobby Lobby Stores,Inc. the Obama Administration contends that for-profit corporations are not “persons” under the Religious Freedom Restoration Act (“RFRA”) and thus cannot avail themselves of RFRA's protections. In a brief amicus curiae, 44 scholars of corporate and...

In 2010, to a Philadelphia audience, B Lab co-founder Jay Coen Gilbert claimed that “our capitalist system is not serving society; it's serving shareholders” and stated that “we can't run around expecting different outcomes until we change the rules of the game.” Since Gilbert's talk in...

This paper presents, from a critical perspective, the development of the CJEU's case-law on the collision between the personal law of companies and the freedom of establishment with special emphasis on the CJEU's recent judgment in VALE.It is argued that this ruling treats the incorporation...

Corporate law shapes the fundamental business environment and affects various stakeholders such as shareholders, managers, employees, and creditors. Each stakeholder has an incentive to influence on the reform process of corporate law. The many corporate law reforms in Japan reflect its...

In his essay, <em>The Myth That Insulating Boards Serves Long-Term Value</em>, Professor Lucian Bebchuk draws a stark dichotomy between so-called “insulation advocates” and proponents of shareholder-driven direct democracy. This Essay begins by rejecting this crude divide between “good” and...