Category Archives: Business Organisation

‘UK Supreme Court Judgment in Vedanta

“Thank you to Veerle Van den Eeckhout for the tip-off. On 10 April 10 2019, the UK Supreme Court handed down its much anticipated judgment in the ‘Vedanta’ case. The judgment is currently raising many comments and discussions on Corporate Social Responsibility …” (more) [Thalia Kruger, Conflict of Laws .net, 20 April]

Elisabeth de Fontenay, ‘Individual Autonomy in Corporate Law’

ABSTRACT The field of corporate law is riven with competing visions of the corporation. This Article seeks to identify points of broad agreement by negative implication. It examines two developments in corporate law that have drawn widespread criticism from corporate law scholars: the Supreme Court’s recognition of corporate religious rights in Burwell v Hobby Lobby […]

Kershaw and Schuster, ‘The Purposive Transformation of Company Law’

ABSTRACT In December of 2018 a potentially transformative event occurred within UK corporate law and governance with the coming into force of the Revised Corporate Governance Code and its requirement that ‘the board should establish the company’s purpose’. This article explores how the Code’s references to ‘company purpose’ should best be understood, arguing, through a […]

Klaus Ulrich Schmolke, ‘Economics of Remedies – The Perspective of Corporate Law’

ABSTRACT From a law-and-economics perspective the primary goal of (legal) remedies is to enhance social welfare by minimising social costs. Remedies help to achieve cost internalisation since they provide means by which third parties who are negatively affected by the respective action are entitled to veto the action (property rule) or to claim compensation for […]

AWPLN: ‘First post for 2019: news and publications’

“We’ve been informed of the following publications by Australian female scholars in the area of private law from the end of December 2018 to the end of February 2019: Elise Bant, ‘Unravelling Fraud in the Wake of Hayward v Zurich Insurance’ (2019) Lloyd’s Maritime and Commercial Law Quarterly 91; Elise Bant, and Jeannie M Paterson, […]

‘Backlash Threat: The Grip of Nationalism on Corporate Law’

“In this article, I document and explain the pervasive influence of nationalist impulses in shaping corporate law around the world and throughout History – a phenomenon which I term ‘the grip of nationalism on corporate law’. This effort shows that nationalist influence on corporate law is old, widespread, and resilient, and has put sand in […]

‘Rethinking Group Company Liability’

“According to long-standing and fundamental English corporate law principles, limited liability applies in the context of group companies to the same extent as it does in stand-alone entities. As a consequence, a parent company is normally not liable for legal infractions and unpaid debts at the level of its subsidiaries. However, particularly in relation to […]

Elisabeth de Fontenay, ‘Individual Autonomy in Corporate Law’

ABSTRACT The field of corporate law is riven with competing visions of the corporation. This Article seeks to identify points of broad agreement by negative implication. It examines two developments in corporate law that have drawn widespread criticism from corporate law scholars: the Supreme Court’s recognition of corporate religious rights in Burwell v Hobby Lobby […]

Christopher Bruner, ‘What Is the Domain of Corporate Law?’

ABSTRACT … The article first explores the general challenges faced in any project of legal taxonomy, focusing on the inherent tension between internal and external views of law and the dynamic relationship between legal doctrine and social context. Through that lens, the analysis turns to extant modes of defining corporate law as a field – […]

Elizabeth Pollman, ‘Corporate Disobedience’

ABSTRACT … This Article provides an overview of corporate disobedience and illuminates the role that it has played in entrepreneurship and legal change. Corporations violate laws in a variety of contexts, including as part of efforts at innovation, in battles of federalism, in taking stances against moralistic laws, in asserting claims for rights, and as part of […]