Category Archives: Business Organisation

‘Legal Education in Singapore’

The Fall and Rise of Legal Education in Singapore – Simon Chesterman Making and Remaking Equity and Trusts in the Law School – Yock Lin Tan Legal Education in Property Law at NUS: Some Reflections – Keang Sood Teo The Impact of NUS Law on the Development of Tort Law in Singapore – Margaret Fordham […]

Keay and Loughrey, ‘The concept of business judgment’

Abstract Categorising something as a business judgment can provide directors with a powerful shield from accountability. It has been said that the courts in England and Wales defer to directors’ business judgments and directors’ decisions are protected from review in other jurisdictions by a business judgment rule. Yet what a business judgment is has never […]

Julian Velasco, ‘The Diminishing Duty of Loyalty’

Abstract Fiduciary duties comprise an integral part of corporate law. It is generally understood that directors owe the corporation and its shareholders two fiduciary duties: the duty of care and the duty of loyalty. Although both duties are firmly established in corporate law, they are not treated equally. It is generally understood that the duty […]

‘Corporate Origins and Corporate Rights: American Law and the Corporation’

Adam Winkler, We The Corporations: How American Businesses Won Their Civil Rights (2018). In We The Corporations, constitutional law scholar Adam Winkler reaches out to the public with a sweeping account of the role and place of the corporation in the creation and ongoing evolution of the American Constitution. This is a work designed to […]

‘“Good” People, “Bad” Corporations?’

“Behavioral ethics has evidenced that through a combination of deliberate and non-deliberate processes, people may end up behaving unethically with limited awareness of the true ethicality of their behavior (eg, Treviño et al, 2006). One of us has recently completed a book – The Law of Good People (CUP 2018) – that attempts to introduce […]

Iris H-Y Chiu, ‘An Institutional Theory of Corporate Regulation’

Abstract The regulation of corporate behaviour has persisted in spite of peaks of neo-liberalism in many developed jurisdictions of the world, including the UK. This paradox is described as ‘regulatory capitalism’ by a number of scholars. Of particular note is the proliferation of corporate regulation to govern ‘socially responsible’ behaviour in recent legislative reforms in […]

Reynolds and Cheng-Han, ‘Agency Reasoning – A Formula or A Tool?’

Abstract Holmes expressed doubts about the viability of Agency as a subject. This paper suggests that the law of Agency has a valid central core providing for the external powers of agents and their internal relations with their principals, surrounded by a considerable number of areas where agency principles are applied, but incompletely. There is […]

Dignam and Oh, ‘Disregarding the Salomon Principle: An Empirical Analysis, 1885–2014′

Abstract For over a century UK courts have struggled to negotiate a coherent approach to the circumstances in which the Salomon principle – that a corporation is a separate legal entity – will be disregarded. Empirical analysis can facilitate our understanding of this mercurial area of the law. Examining UK cases from 1885 to 2014, […]

Berg and Kawakami, ‘Company Law is Bananas’

Abstract While corporations wield tremendous amounts of power that can – in theory – ameliorate some of the global challenges that the world faces today, as things stand, the right incentives are not in place for the stakeholders to transform companies into socially responsible and environmentally conscious entities as a whole. While company law could […]

Peter Lee, ‘Retheorizing the Impact of Intellectual Property Rights on Industry Structure’

Abstract Technological and creative industries are critical to economic and social welfare, and the forces that shape such industries are important subjects of legal and policy examination. These industries depend on patents and copyrights, and scholars have long debated whether exclusive rights promote industry consolidation (through shoring up barriers to entry) or fragmentation (by promoting […]