Topic

Corporate Governance

Posts

  • ArticleVol. 104 · Iss. 1

    Board Overload

    The board of directors plays a critical role in steering corporate behavior. Over the past two decades, regulators have increasingly required boards to oversee…

  • ArticleVol. 103 · Iss. 5

    Mass Corporate Governance

    Abstract Democracy is a compliance cost. At least, that is the modern conception of performative corporate governance. Structurally contingent legal and market characteristics mean…

  • CommentaryVol. 103 · Iss. 4

    Control Capture and Competition

    This Essay identifies an emerging problem in antitrust law and policy, particularly in the technology industry. Antitrust doctrine aimed at preventing future harms has…

  • ArticleVol. 103 · Iss. 4

    The Law and Economics of Resilience

    The field of law and economics has long studied externalities, the costs and benefits actors create and yet fail to internalize. But scholars have…

  • CommentaryVol. 103 · Iss. 3

    Havens for Corporate Lawbreaking

    Whether corporations are obligated to maximize profits or if they ought to consider societal interests more broadly remains one of the most highly contested…

  • NoteVol. 103 · Iss. 2

    Texas and “DExits”: Can the Texas Business Courts Drive Delaware’s Downfall?

    Texas’s freshly minted business courts offer significant and unique incentives for businesses to incorporate in the state. However, it remains to be seen whether…

  • Online2025

    Why Charters?

    While charters are poorly designed for broad public transparency, they still provide benefits by functioning like a recording system that reduces investigation costs and…

  • ArticleVol. 102 · Iss. 5

    Woke-Washing at Work

    In the modern era, corporate marketing and branding processes frequently encompass a public commitment to progressive social causes favored by a firm’s base of…

  • ArticleVol. 102 · Iss. 3

    Investor Climate Alliances

    Climate change causes systemic financial risk, compelling long-term institutional investors to act. Its impacts extend beyond financial harms, aligning institutional investors with socially responsible…

  • ArticleVol. 102 · Iss. 2

    Judicial Review In Public and Private Governance

    In Students for Fair Admissions, Inc. v. President and Fellows of Harvard College, the Supreme Court limited judicial deference to universities. In West Virginia…

  • ArticleVol. 102 · Iss. 2

    The Original Meaning of Equity

    Equity is seeing a new wave of attention in scholarship and practice. Yet, as this Article argues, our current understanding of equity is divided…

  • NoteVol. 101 · Iss. 3

    Social Mission Impossible: Why Fiduciary-Like Obligations Must Protect Wholly Owned Benefit Corporations

    In 2023, corporate social activism is all the rage. Surveyed investors and consumers both profusely indicate a preference for businesses to prioritize social pursuits…