ICYMI: #corpgov Midweek Roundup (Jan. 16, 2019)

"The disintegration of securities trading ... is arguably reducing market quality for ... issuers, investors, regulators and the taxpayers ... while increasing control of the largest institutions over access to the market."
44 J. Corp. L. 29 #corpgov

— Stefan Padfield (@ProfPadfield) January 13, 2019

"corporate law's requirement of lawful conduct embeds particular social values into the corporate code"
Elizabeth Pollman, Corporate Disobedience, 68 Duke L.J. 709 (2019) #corpgov

— Stefan Padfield (@ProfPadfield) January 13, 2019

Had Kavanaugh replaced Kennedy before Masterpiece Cakeshop, would the Court "likely have decided more broadly that free exercise trumps any generally applicable obligation under a mere state statute"?
82 Alb. L. Rev. 121 #corpgov

— Stefan Padfield (@ProfPadfield) January 13, 2019

'Built into the structure of federal employment discrimination law are several openings for customer preferences to provide employer defenses to what would otherwise likely be actionable discrimination." 97 N.C. L. Rev. 91 #corpgov

— Stefan Padfield (@ProfPadfield) January 13, 2019

"Volkswagen emissions scandal as an example of cultural misalignment where the company and individual employees below board level ... have been ... found liable despite ... rhetoric about the directors’ responsibility for corporate culture." https://t.co/dQP1o2rqw7 #corpgov

— Stefan Padfield (@ProfPadfield) January 11, 2019

"results suggest that enhanced director discretion promotes long-term value by reducing contracting costs with stakeholders ... and mitigating the externalities that stakeholders may bear due to conflicts of interests with shareholders" https://t.co/19ZUUWEFkh #corpgov

— Stefan Padfield (@ProfPadfield) January 11, 2019