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New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that informs much of our present-day corporate law and governance. Savvy investors such as hedge funds are using financial derivatives, securities lending transactions, and related concepts to decouple the financial risk from shares. This leads to a distortion of incentives and has potentially severe consequences for the functioning of corporate governance and of capital markets overall. Taking stock of the different decoupling strategies that have become known over the past several years, this book then provides an evaluation of each from a legal and an economic perspective. Based on several analytical frameworks, the author identifies the elements of equity deconstruction and demonstrates the consequences for shareholders, outside investors, and capital markets. On this basis, the book makes the case for regulatory intervention, based on three different pillars and comprising disclosure, voting right suspension, and ex-post litigation. The book concludes by developing a concrete, comprehensive proposal on how to address the regulatory problem. Overall, this book contributes to the debate about activist investment and the role of shareholders in corporate governance. At the same time it raises a number of important considerations about the role of equity investment more generally.
New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that inform current corporate law and governance. This book evaluates different risk-decoupling strategies and makes the case for regulatory intervention, developing a comprehensive proposal to address the regulatory problem.
New investment techniques and new types of shareholder activists are shaking up the traditional ways of equity investment that inform current corporate law and governance. This book evaluates different risk-decoupling strategies and makes the case for regulatory intervention, developing a comprehensive proposal to address the regulatory problem.
The work of Judith Butler has been at the forefront of both theorising the subject as a product of power and explicating possibilities for political alliances and action that are available to such subjects. Mobilising a range of philosophical resources from Hegel and Foucault to Lacan, Levinas Wittig and Arendt, her work has held a core concern with the way that the subject is made in terms of sex, gender and sexuality and has been an invaluable resource in the development of queer theory and thinking about queer practice. Butler’s scholarly work has been aimed primarily at a philosophical audience, yet her insights into the constitution, constraint and agency of subjects are profoundly political and have become invaluable resources in feminist, queer, anti-racist and anti-capitalist work. Over the last two decades she has been a major influence on research concerned with social justice in education and has changed the ways that classroom practices and relationships can be understood, transforming the way we think about both ‘teacher’ and ‘student’. This collection brings together some of the most outstanding work in education that has developed and applied Butler’s work to empirical questions, translating her philosophy for an education audience and providing compelling analyses of the ways that the subjects of education are made, how inequalities are produced in the minutiae of practice and how education’s subjectivated subjects can act politically. The chapters in this book were originally published as articles in Taylor and Francis journals.
From the foreword by Walter G. Bumphus, President & CEO of AACC: “Becoming an Equity-Centered Higher Education Institution is a significant contribution to the on-going struggle to find practical approaches to implementing an equity agenda in higher education.” The authors had three main goals for this text: Relevance: This book is the result of many years of teaching, leading, researching, and coaching individuals and institutions about equity inside higher education. The authors place a clear emphasis on awareness and teaching skills first, but also ensure that those skills are based on practical application in the field. Practical Application: To describe and explain equity and transformational change concepts, this book provides step-by-step implementation approaches that can be used to integrate equity-centered principles into practices and policies to implement or improve equity work into the organizational culture. A Purposeful Approach: The authors defined the act of becoming an equity-centered institution in terms of a transformational change approach using Kotter’s Eight-Stage Process. Kotter’s Model and AACC’s Leadership Competencies for Community College Leaders are introduced in Chapter 1 and integrated throughout the book. This integrated framework allows practitioners to place the intersectionality of equity, transformational change, and requisite leadership competencies into the larger context of higher education. While using Kotter’s 8-Step Change Model, the authors emphasize that operations and situations inside higher educational institutions are not linear as implied in Kotter’s model. They show how the stages of change may occur at different times and different situations at different institutions, and demonstrate what leadership competencies are recommended for each stage in the change process.
"Offers a historical-cultural context for the ethos of service in libraries and critically examines this professional value as it intersects with gender, sexuality, race and ethnicity, class, and (dis)ability"--Provided by publisher.
We all fear selling out. Yet we all face situations that test our ideals and values with no clear right answer. In a world where compromise is an essential aspect of life, authors Lily Zheng and Inge Hansen make the bold claim that everyone sells out—and that the real challenge lies in doing so ethically. Zheng and Hansen share stories from a diversity of people who have found their own answers to this dilemma and offer new ways to think about marginalization, privilege, and self-interest. From these stories, they pull out teachable skills for taking the step from selling out to selling out ethically. The Ethical Sellout is for all those committed to maintaining their integrity in a messy world.
Critical theory, characteristically linked with the politics of theoretical engagement, covers the manifold of the connections between theory and praxis. This thought-provoking Research Handbook captures the broad range of those connections as far as legal thought is concerned and retains an emphasis both on the politics of theory, and on the notion of theoretical engagement. The first part examines the question of definition and tracks the origins and development of critical legal theory along its European and North American trajectories. The second part looks at the thematic connections between the development of legal theory and other currents of critical thought such as; Feminism, Marxism, Critical Race Theory, varieties of post-modernism, as well as the various ‘turns’ (ethical, aesthetic, political) of critical legal theory. The third and final part explores particular fields of law, addressing the question how the field has been shaped by critical legal theory, or what critical approaches reveal about the field, with the clear focus on opportunities for social transformation.
Previous collections of essays on equity and trusts law have focused on doctrinal issues, only occasionally giving a policy gloss or suggestion of social context and impact. Although a critical approach can be glimpsed in journal articles and student texts, this collection of essays draws together both feminist and critical material. It is unique in being written by feminists, in dealing with equity and trusts as a whole and in being written in the critical tradition.
Sir Frederick Pollock wrote that 'English-speaking lawyers ...have specialised the name of Equity'. It is typical for legal textbooks on the law of equity to acknowledge the diverse ways in which the word 'equity' is used and then to focus on the legal sense of the word to the exclusion of all others. There may be a professional responsibility on textbook writers to do just that. If so, there is a counterpart responsibility to read the law imaginatively and to read what non-lawyers have said of equity with an open mind. This book is an exploration of the meaning of equity as artists and thinkers have portrayed it within the law and without. Watt finds in law and literature an equity that is necessary to good life and good law but which does not require us to subscribe to a moral or 'natural law' ideal. It is an equity that takes a principled and practical stand against rigid formalism and unthinking routine in law and life, and so provides timely resistance to current forces of extremism and entitlement culture. The project is an educational one in the true etymological sense of leading the reader out into new territory. The book will provide the legal scholar with deep insight into the rhetorical, literary and historical foundations of the idea of equity in law, and it will provide the law student with a cultural history of, and an imaginative introduction to, the technical law of equity and trusts. Scholars and students of such disciplines as literature, classics, history, theology, theatre and rhetoric will discover new insights into the art of equity in the law and beyond. Along the way, Watt offers a new theory on the naming of Dickens' chancery case Jarndyce and Jarndyce and suggests a new connection between Shakespeare and the origin of equity in modern law. 'This beautiful book, deeply learned in the branch of jurisprudence we call equity and deeply engaged with the western literary tradition, gives new life to equity in the legal sense by connecting it with equity in the larger sense: as it is defined both in ordinary language and experience and by great writers, especially Dickens and Shakespeare. Equity Stirring transforms our sense of what equity is and can be and demonstrates in a new and graceful way the importance of connecting law with other arts of mind and language.' James Boyd White, author of Living Speech: Resisting the Empire of Force 'Equity Stirring' is a fine example of interdisciplinary legal scholarship at its best. Watt has managed to produce a book that is fresh and innovative, and thoroughly accessible. Deploying a range of familiar, and not so familiar, texts from across the humanities, Watt has presented a fascinating historical and literary commentary on the evolution of modern ideas of justice and equity. Ian Ward, Professor of Law at the University of Newcastle upon Tyne. "this is an important, compendious, and thought-provoking work that should be on the shelves of everyone interested in equity studies." Mark Fortier, Law and Literature "there is much of interest to the legal historian...the book's insights and erudition did engage this rather sceptical reader, who would like to believe that equity could achieve justice, but fears rather that it can only be as fair as the court dispensing it." Rosemary Auchmuty, The Journal of Legal History "With luck, Equity Stirring will stir...taxonomic positivists from their culture of entitlement, waking them to the possibility that law and justice do not form the perfect quadration". Nick Piska, Social & Legal Studies "a highly imaginative, original and refreshing foray into the legal and ethical import of concepts too often thought to be difficult, archaic and obscure...Watt gives us a way into the subject which is forceful in its imaginative reach and its ethical import..." David Gurnham, Law, Culture and the Humanities