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Corporate Law and the Theory of the Firm: Reconstructing Corporations, Shareholders, Directors, Owners, and Investors

Corporate Law and the Theory of the Firm: Reconstructing Corporations, Shareholders, Directors, Owners, and Investors

Author: Wm. Dennis Huber
Publisher: Routledge
ISBN: 9780367895532
Published In: April 2020
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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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.

Wm. Dennis Huber received a DBA in international business, accounting, finance, and economics from the University of Sarasota, Florida; a JD, an MBA in accounting and finance, an MA in Economics, and an MS in public policy from the State University of New York at Buffalo. He also has an LL.M. in homeland and national security lLaw from the Western Michigan University Thomas M. Cooley School of Law. He is a certified public accountant and admitted to the New York Bar. He has taught at universities in the U.S., Canada, Mexico, and the Middle East.

Chapter 0: The Ground Floor: Jurisdiction, Common Law, and Contract Law

Part I: Foundations: Property Law, Agency Law, Trust Laws, and Partnership Law

Chapter 1: Property and Property Law

Chapter 2: Agency and Agency Law

Chapter 3: Trusts and Trust Law

Chapter 4: Partnerships and Partnership Law

Part II: Corporations, Corporate Law, and the Contradictions of Corporate Law

Chapter 5: Corporations and Corporate Law

Chapter 6: The Contradictions of Corporate Law

Part III: Sociology, Culture, and Corporations

Chapter 7: The Social Construction of the Social Reality of Shareholders, Directors, Owners of shares, and Investors in Shares

Chapter 8: Power and the Cultural Reproduction of Shareholders, Directors, Owners of Shares, and Investors in Shares

Chapter 9: Reconstructing Corporations, Shareholders, Directors, Owners of Shares, and Investors in Shares

Part IV: Corporatehood, The Corporation as a Legal Person, and The Theory of the Firm

Chapter 10: The Corporation as a Legal Person

Chapter 11: The Theory of the Firm

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