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Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
Leading scholars analyze key issues in fiduciary duties in business―one of the most salient applications of fiduciary law and theory.
Why we’re better off treating corporations as people under the law—and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should corporations be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society. He argues that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
This book examines the legal duties of Directors Of Public Companies in the light of the stakeholder approach to the firm. It considers the theory that directors are not simply agents of corporate shareholders,but have a duty to take into consideration and, where appropriate, balance the interests of several constituencies, each of which has a legitimate stake in the company, its activities and its development. This book is essentially the first to relate the stakeholding arguments and Third Way politics, as popularised by commentators such as Will Hutton and Anthony Giddens, to the prospects for reform of company law in an authoritative but accessible format. It is an ideal text for company law, business and politics students, both undergraduate and postgraduate, and will also provide companies with a straightforward and welcome guide to this often complex area, particularly to the important issues of accountability and regulation.
The Corporate Secretary's Answer Book is the only comprehensive, single-volume reference to address the specific tasks corporate secretaries face on a daily basis in a Q&A format. Every topic is conveniently listed for easy reference with an index organized by commonly used terms. With all of this valuable "know-how" located within one volume, corporate secretaries will be able to find the best way to proceed with any particular matter, quickly and confidently. The Corporate Secretary's Answer Book also includes sample forms and checklists that offer step-by-step guidance to completing each phase of the corporate secretary's duties throughout the year, especially under Sarbanes-Oxley, including: Conduct of Shareholder Meeting Guidelines - Annual Meeting Script - Minutes of Incentive Committee Meeting - Establishing a Special Litigation Committee of the Board - Audit Committee Charter - Corporate Governance Listing Standards - Corporate Governance Guidelines - Corporate Disclosure - and much more!
Private Management and Public Policy is a landmark work at the intersection of business and society. First published in 1975, it focuses on the management processes that companies use to respond to social issues. The text develops the "principle of public responsibility" as an alternative to the notion that firms have unlimited accountability. And, it presents one of the first systems-based approaches to corporate responsibility, providing theoretical support for business involvement in public policy. Arguably, the book's major contribution is its broad outline of an alternative theory of the firm in society—one that offers the possibility of overcoming traditional public and private dichotomies.
This treatise argues that it should be the function of company law to promote the public interest. It examines a number of topical issues and the protection of interests largely ignored by company law, such as those of employees and the local community.