Sunday, June 25, 2017

ICYMI: #corpgov Tweets From the Week (June 25, 2017)

June 25, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, June 22, 2017

ICYMI: #corpgov SSRN Roundup (June 22, 2017)

June 22, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Sunday, June 18, 2017

ICYMI: #corpgov Tweets From the Week (June 18, 2017)

June 18, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, June 15, 2017

ICYMI: #corpgov Law Review & SSRN Roundup (June 15, 2017)

June 15, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Sunday, June 11, 2017

ICYMI: #corpgov Tweets From the Week (June 11, 2017)

June 11, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, June 8, 2017

ICYMI: Eric Chaffee's "The Origins of Corporate Social Responsibility" Makes SSRN Top Downloads For Corporate Governance Network List

The list is here:  https://papers.ssrn.com/sol3/topten/topTenResults.cfm?groupingId=1566963&netorjrnl=ntwk

The paper can be downloaded here:  https://papers.ssrn.com/sol3/Papers.cfm?abstract_id=2957820

A portion of the abstract:

[T]his Essay and my other works introduce a new theory of the firm, collaboration theory. This theory views the corporation as a collaborative effort among a state government and those individuals organizing, operating, and owning the business entity to pursue economic development and economic gain. This theory is superior to the prevailing essentialist theories of the corporation because it explains both how and why the corporation exists.

Under this theory, corporations are obligated to seek profit based on the deal struck among the state and individuals owning, operating, and organizing the corporation, but the co-adventurers in the corporation are obligated to treat each other in good faith whenever possible. This means corporations should only engage in socially irresponsible ways in which the financial benefit to the corporation is clear. Because of the uncertainty of life, this is only going to be the rarest of circumstances. In these rare circumstances, to control bad behavior on the part of the corporation, the government must engage in affirmative lawmaking and regulation to alter the cost–benefit analysis to force corporations to be ethical.

June 8, 2017 in Corporate Governance, Corporate Personality, CSR, Stefan J. Padfield | Permalink | Comments (0)

Sunday, June 4, 2017

ICYMI: #corpgov Tweets From the Week (June 4, 2017)

June 4, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, June 1, 2017

ICYMI: #corpgov SSRN Roundup (June 1, 2017)

June 1, 2017 in Stefan J. Padfield | Permalink | Comments (1)

Sunday, May 28, 2017

ICYMI: #corpgov Tweets From the Week (May 28, 2017)

May 28, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, May 25, 2017

ICYMI: #corpgov SSRN Roundup (May 25, 2017)

May 25, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Sunday, May 21, 2017

ICYMI: #corpgov Tweets From the Week (May 21, 2017)

May 21, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, May 18, 2017

ICYMI: #corpgov SSRN Roundup (May 18, 2017)

May 18, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Sunday, May 14, 2017

ICYMI: #corpgov Tweets From the Week (May 14, 2017)

May 14, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, May 11, 2017

ICYMI: #corpgov SSRN Roundup (May 11, 2017)

May 11, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Sunday, May 7, 2017

ICYMI: #corpgov Tweets From the Week (May 7, 2017)

May 7, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, May 4, 2017

ICYMI: #corpgov SSRN Roundup (May 4, 2017)

May 4, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Sunday, April 30, 2017

ICYMI: #corpgov Tweets From the Week (April 30, 2017)

April 30, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, April 27, 2017

CALL FOR PAPERS: AALS Section on Transactional Law and Skills

The following comes to us from Brian Quinn:

Access to the Courts in the Transactional Setting

2018 AALS Annual Meeting
San Diego, CA

This call for papers solicits unpublished papers that analyze the question of access to the courts in a variety of transactional law settings.

From small business disputes, to mandatory consumer arbitration, to restrictions on shareholder lawsuits, it is no longer obvious that parties will have access to courts in the event of a dispute. In many cases small businesses may negotiate for alternative dispute resolution in commercial contracts as more efficient than going to courts. In others, like in the context of consumer contracting, restricting access to the courts is not typically subject of negotiation, and many consumer transactions now come with mandatory arbitration clauses. In recent years, in response to an explosion in shareholder and class action litigation, corporations also began to look to a variety of self-help remedies (often aided by state legislatures), including exclusive forum provisions and fee-shifting provisions among others, to restrict access to the courts by shareholders.

Taken together one could reasonably question whether the current trajectory in common business and consumer settings to limit parties and third parties access to the courts through a variety of transactional mechanisms is good policy or it goes too far.

The Section on Transactional Law and Skills invites submissions from any full-time faculty member of an AALS member school who has written an unpublished paper, is working on a paper, or who is interested in writing a paper on this topic to submit a 1 or 2-page proposal to the Chair of the Section by August 31, 2017. Papers accepted for publication as of August 31, 2017 that will not yet be published as of the 2018 meeting are also encouraged. The Executive Committee will review all submissions and select proposals for presentation as part of our AALS 2018 Section Meeting.

Please direct all submissions and questions to the Chair of the Section, Brian JM Quinn, section chair, at the address below:

Brian JM Quinn
Boston College Law School
885 Centre St., Newton MA 02459
Email: brian.quinn@bc.edu

 

April 27, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Sunday, April 23, 2017

ICYMI: #corpgov Tweets From the Week (April 23, 2017)

April 23, 2017 in Stefan J. Padfield | Permalink | Comments (0)

Thursday, April 20, 2017

ICYMI: #corpgov SSRN Roundup (April 20, 2017)

April 20, 2017 in Stefan J. Padfield | Permalink | Comments (0)