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Feminist Judgments: Corporate Law Rewritten

Feminist Judgments: Corporate Law Rewritten

Author: Anne Choike; Usha R. Rodrigues; Kelli Alces Williams
Publisher: Cambridge University Press
ISBN: 9781009015295
Published In: January 2023
Format: Paperback
Jurisdiction: ? Disclaimer:
Countri(es) stated herein are used as reference only

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Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

Part I. Introduction and overview:

1. Introduction to the Feminist Judgments: Rewritten Corporate Law Project

Anne Choike, Usha R. Rodrigues and Kelli Alces Williams

Part II. Legal Personality, Identity, and Limited Liability of Corporate Entities:

2. Citizens United v. Federal Election Commission, 558 U.S.

310 (2010)

Commentary: Amy Sepinwall

Judgment: Carliss Chatman

3. Walkovzsky v. Carlton, 223 N.E.2d 6 (N.Y.

1966)

Commentary: Janis Sarra and Cheryl Wade

Judgment: Poonam Puri and Ankita Gupta

Part III. Role and Purpose of the Corporation and Corporate Combinations in Society:

4. Dodge v. Ford Motor Company, 170 N.W.

668 (Mich.

1919)

Commentary: Jena Martin

Judgment: Barnali Choudury

5. Merriam v. Demoulas Super Mkts., 985 N.E.2d 388 (Mass.

2013)

Commentary: Sunitha Malepati

Judgment: Alicia Plerhoples

6. Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del.

1986)

Commentary: Afra Afsharipour

Judgment: Christina Sautter

7. Agreement between Harvey Weinstein and The Weinstein Company Holdings LLC, as of October 20, 2015

Commentary: Alexandra Andhov

Contract: Susan Chesler

Part IV: Fiduciary Duties in Corporate Governance:

8. Meinhard v. Salmon, 164 N.E.

545 (N.Y.

1928)

Commentary: Christina Hurt

Judgment: Dalia Tsuk Mitchell

9. Smith v. Van Gorkom, 488 A.2d 858 (Del.

1985)

Commentary: Virginia Harper Ho

Judgment: Lua Yuille

10. White v. Panic, 783 A.2d 543 (Del.

2001)

Commentary: Kellye Testy

Judgment: Sarah Haan

11. Francis v. United Jersey Bank, 432 A.2d 814 (N.J.

1981)

Commentary: Faith Stevelman

Judgment: Jonathan W. Smith

12. In re The Walt Disney Co. Derivative Litigation, 906 A.2d 27 (Del.

2006)

Commentary: Laura Rosenbury

Judgment: Hilary Sale

Part V. Closely Held Businesses and Other Considerations Regarding the Composition of Boards, Management, and Owners:

13. Ringling Bros-Barnum & Bailey Combined Shows, Inc. v. Ringling, 53 A.2d 441 (Del.

1947)

Commentary: Gabriel Rauterberg

Judgment: Benjamin Means

14. Donohue v. Rodd Electrotype, 328 N.E.2d 505 (Mass.

1975)

Commentary: Jessica Kiser

Judgment: Cindy Schipani

Part VI: Protecting Investors and Potential Investors in Corporations:

15. SEC v. W. J. Howey Co. et al., 328 U.S.

293 (1946)

Commentary: Kristin Johnson and Carla Reyes

Judgment: Theresa Gabaldon

16. U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991)

Commentary: Donna Nagy

Judgment: Karen Woody

Part VII: From Foundations to Future Directions:

17. The Importance of Incorporating Feminist Perspectives in Corporate Law

Anne Choike, Martha Albertson Fineman and Cheryl Wade

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