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"Explains the advantages, disadvantages and tax consequences of incorporation plus provides step-by-step guidance for incorporating in all 50 states. The 6th edition is updated to cover recent changes in the law, including state, federal and tax law changes"--
National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
This study, which is based on a series of lectures delivered at the University of Virginia Law School, explores the development of corporate law from the 1780s, a time when the special charter was the only form of incorporation, to the 1960s, a time when corporations were established exclusively through general incorporation statutes. More than a chronicle, Hurst emphasizes how legal institutions actively shaped the central traits of American capitalism.
Dozens of judicial opinions have held that shareholders own corporations, that directors are agents of shareholders, and even that directors are trustees of shareholders’ property. Yet, until now, it has never been proven. These doctrines rest on unsubstantiated assumptions. In this book the author performs a rigorous, systematic analysis of common law, contract law, property law, agency law, partnership law, trust law, and corporate statutory law using judicial rulings that prove shareholders do not own corporations, that there is no separation of ownership and control, directors are not agents of shareholders, and shareholders are not investors in corporations. Furthermore, the author proves the theory of the firm, which is founded on the separation of ownership and control and directors as agents of shareholders, promotes an agenda that wilfully ignores fundamental property law and agency law. However, since shareholders do not own the corporation, and directors are not agents of shareholders, the theory of the firm collapses. The book corrects decades of confusion and misguided research in corporate law and the economic theory of the firm and will allow readers to understand how property law, agency law, and economics contradict each other when applied to corporate law. It will appeal to researchers and upper-level and graduate students in economics, finance, accounting, law, and sociology, as well as attorneys and accountants.
Corporate social responsibility was one of the most consequential business trends of the twentieth century. Having spent decades burnishing reputations as both great places to work and generous philanthropists, large corporations suddenly abandoned their commitment to their communities and employees during the 1980s and 1990s, indicated by declining job security, health insurance, and corporate giving. Douglas M. Eichar argues that for most of the twentieth century, the benevolence of large corporations functioned to stave off government regulations and unions, as corporations voluntarily adopted more progressive workplace practices or made philanthropic contributions. Eichar contends that as governmental and union threats to managerial prerogatives withered toward the century's end, so did corporate social responsibility. Today, with shareholder value as their beacon, large corporations have shred their social contract with their employees, decimated unions, avoided taxes, and engaged in all manner of risky practices and corrupt politics. This book is the first to cover the entire history of twentieth-century corporate social responsibility. It provides a valuable perspective from which to revisit the debate concerning the public purpose of large corporations. It also offers new ideas that may transform the public debate about regulating larger corporations.
Over the last 30 years, corporate social responsibility (CSR) has become a household term, reflecting a combination of factors that we have come to associate with that most catch-all of terms "globalization," including the widespread popular concern with such social issues as the environment and international human rights. Corporate Social Responsibility examines the history of the idea of business ethics (which goes back at least to ancient Mesopotamia) before exploring the state of CSR today. This book argues that a wide-ranging understanding of the purpose of business is necessary to create value for a community of stakeholders which in turn can generate a sustainable future. The book suggests that corporations still have a long way to go, but remains optimistic. The book’s sanguine interpretation of the current state of corporate affairs and a recommended way forward, results not only from the authors analysis, but also his direct experience. This book presents the case that we are in the midst of a major paradigm shift in our understanding of the purpose of business and that this new understanding holds much promise for business being a significant force for a more just and peaceful world. This work provides a concise overview of CSR and an important examination of the present and future work of the UN Global Compact and will be of interest to students of international organizations, international business and corporate social responsibility.