Progressive Corporate Law

By Lawrence E. Mitchell | Go to book overview

NOTES
1.
Lynn A. Stout, "The Unimportance of Being Efficient: An Economic Analysis of Stock Market Pricing and Securities Regulation", 87 MICH. L. REV. 613, 644-51 ( 1988).
2.
Joseph Singer, "The Reliance Interest in Property", 40 STAN L. REV. 611 ( 1988).
3.
Lynne L. Dallas, "Two Models of Corporate Governance: Beyond Berle and Means", 22 U. MICH. J.L. REF. 19, 75-77, 107-14 ( 1988).
4.
Marleen A. O'Connor, "The Human Capital Era: Reconceptualizing Corporate Law to Facilitate Labor-Management, Relations", 78 CORNELL L. REV. 899 ( 1993).
5.
Terry O'Neill, "Employee's Duty of Loyalty and the Corporate Constituency Debate", 25 CONN. L. REV. 681 ( 1993).
6.
Some law and economics scholars maintain that shareholders are investors like bondholders and differ not in their interest in controlling the company but in their attitude toward risk and their degree of optimism concerning the future of the corporation. Armen Alchian & Harold Demsetz, "Production, Information Costs, and Economic Organization", 62 AM. ECON. REV. 777, 789 n.14 ( 1972).
7.
Dallas, supra note 3.
8.
Paul J. McNulty, "Economic Theory and the Meaning of Competition", 82 Q. J. OF ECON. 639, 643 ( 1968).
9.
Mitchael Y. Abolafia & Nicole W. Biggart, Competition and Markets: An Institutional Perspective, in SOCIO-ECONOMICS: TOWARD A NEW SYNTHESIS 7218 ( Amitai Etzioni & Paul R. Lawrence eds., 1991) [hereinafter SOCIO-ECONOMICS].
10.
Id. at 214-15.
11.
Id. at 218.
12.
JOHN R. COMMONS, INSTITUTIONAL ECONOMICS 713 ( 1959). Recent entrepreneurship literature focuses on the importance of social networks to business formation. See Mark Granovetter, The Social Construction of Economic Institutions, in SOCIO-ECONOMICS, supra note 9, at 79; Jennifer A. Starr & Ian C. MacMillan, Entrepreneurship, Resource Cooptation, and Social Contracting, in SOCIO-ECONOMICS, supra note 9, at 167.
13.
Michael Gerlach, Keiretsu Organization in the Japanese Economy: Analysis and Trade Implications, in POLITICS AND PRODUCTIVITY: THE REAL STORY OF WHY JAPAN WORKS ( 1989).
14.
SANG M. LEE & GARY SCHWENDIMAN, MANAGEMENT BY JAPANESE SYSTEMS 34-5 ( 1981).
15.
Mark J. Roe, Some Differences in Corporate Structure in "Germany, Japan, and the United States", 102 YALE L.J. 1927, 1936 ( 1993). But see Roberta Romano, "A Cautionary Note on Drawing Lessons from Comparative Corporate Law", 102 YALE L.J. 2021, 2034-36 ( 1993) Professor Romano claims that the classical economic model can be criticized only for failing to take account of legal regulation as a side constraint. However, this conclusion contradicts her earlier statement that the "dynamics of state competition tends to lead states to adopt laws [regulations] that maximize shareholder wealth." Id. at 2031. Moreover, treating legal regulation as a side constraint leaves a great deal out of the analysis of corporate behavior and governance structures. It suggests a static rather than a dynamic role for regulation, ignores the extent to which actors internalize the values reflected in the regulation, disregards cultural or social support for

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Progressive Corporate Law
Table of contents

Table of contents

  • Title Page v
  • Contents vii
  • Foreword ix
  • Preface xiii
  • Note xv
  • Acknowledgments xvii
  • About the Editor and Contributors xix
  • 1: Communitarianism in Corporate Law: Foundations and Law Reform Strategies 1
  • Conclusion 30
  • Notes 31
  • 2: Working Toward a New Paradigm 35
  • Conclusion 59
  • Notes 60
  • 3: Some Observations on Writing the Legal History of the Corporation in the Age of Theory 67
  • Conclusion 84
  • Notes 86
  • 4: The Death of Contractarianism and the Vindication of Structure and Authority in Corporate Governance and Corporate Law 93
  • Introduction 93
  • Conclusion 105
  • Notes 106
  • 5: Experiencing Limited Liability: On Insularity and Inbreeding in Corporate Law 111
  • Introduction 111
  • Conclusion 130
  • Notes 130
  • 6: Game Theory and the Restoration of Honor to Corporate Law's Duty of Loyalty 139
  • Conclusion 168
  • Notes 169
  • 7: Trust. Contract. Process. 185
  • Conclusion--Trust as a Bedrock Value of Society 209
  • Notes 209
  • 8: Promoting Economic Justice in Plant Closings: Exploring the Fiduciary/Contract Law Distinction to Enforce Implicit Employment Agreements 219
  • Conclusion 234
  • Notes 236
  • 9: The Legitimacy of Multinational Corporations 247
  • Notes 266
  • 10: On the Frontier of Capitalism: Implementation of Humanomics by Modern Publicly Held Corporations -- a Critical Assessment 281
  • Introduction 281
  • Conclusion 303
  • Notes 307
  • About the Book 315
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