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Research Handbook on Corporate Purpose and Personhood

Research Handbook on Corporate Purpose and Personhood

Author: Elizabeth Pollman; Robert B. Thompson
Publisher: Edward Elgar Publishing
ISBN: 9781789902907
Published In: September 2021
Format: Hardback
Jurisdiction: U.K. ? Disclaimer:
Countri(es) stated herein are used as reference only

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This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.

Featuring contributions from leading scholars, the Research Handbook invites readers to reconsider corporate purpose and personhood by offering a perceptive route to better understand changes that are already apparent in the modern corporation across the world. It provides examples of how a 21st century lens for viewing corporate purpose and personhood will leave us with a different picture and a new understanding of these topics, as well as future directions in corporate social responsibility. Chapters offer analysis of a wide range of topics related to corporate purpose and personhood, including shareholder primacy, stakeholder governance, corporate social responsibility and benefit corporations.

This Research Handbook will be a vital resource for students and academics in the areas of corporate and constitutional law, as well as for researchers with an interest in management, business and social responsibility.

Corporate purpose and personhood: an introduction ix

PART I. JUMPING OFF POINTS FOR A NEW LOOK AT TRADITIONAL TOPICS

1. What Jensen and Meckling really said about the public company 2

Brian R. Cheffins

2. Business purpose and the objective of the corporation 27

Edward B. Rock

3. A more equitable corporate purpose 47

Veronica Root Martinez

PART II. SHAREHOLDERS VS. STAKEHOLDERS, BENEFIT CORPORATIONS, AND ESG

4. The “value” of a public benefit corporation 68

Jill E. Fisch & Steven Davidoff Solomon

5. Enlightened shareholder value, stakeholderism, and the quest for managerial accountability 91

Dorothy S. Lund

6. The shareholder-stakeholder alliance: exposing the link between shareholder power and the rise of a corporate social purpose 109

Lisa M. Fairfax

7. ESG investing, or, if you can’t beat ’em, join ’em 130

Ann M. Lipton

8. Purpose in business association statutes: much ado about something (but not much) 148

Brett McDonnell

9. For whom is the corporation managed and what is its purpose? A stakeholder perspective based on the law of Delaware 165

Cynthia A. Williams

PART III. BROADER THEORETICAL FOUNDATIONS FOR GROUNDING VIEWS OF CORPORATE PURPOSE AND

PERSONHOOD

10. Shareholder primacy is illogical 186

Frank Partnoy

11. The “franchise” view of the corporation: purpose, personality, public policy 201

Saule T. Omarova

12. Corporate personality, purpose, and liability 222

Paul B. Miller

13. Facts and values in corporate legal theory 240

James D. Nelson

PART IV. CORPORATE PERSONALITY, POLITICS, AND RIGHTS

14. Regulatory partitioning as a key function of corporate personality 263

Mariana Pargendler

15. Corporate personhood and the putative First Amendment right to discriminate 283

Kent Greenfield & Daniel A. Rubens

16. The corporation’s political purpose 299

Sarah C. Haan

17. Personhood, procedure and the endurance of corporate compliance 320

Miriam H. Baer

PART V. LESSONS FROM COMPARATIVE AND INTERNATIONAL STUDY AND POSSIBLE WAYS FORWARD

18. Beyond shareholder value: exploring justifications for a broader corporate purpose 344

Martin Petrin

19. Lessons from India’s struggles with corporate purpose 362

Afra Afsharipour

20. Varieties of shareholderism: three views of the corporate purpose cathedral 386

Amir N. Licht

Index

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