Company Law
Working Paper
Corporate Short-Termism - In the Boardroom and in the Courtroom
A long-held view in corporate circles has been that furious rapid trading in stock markets has been increasing in recent decades, justifying corporate governance and corporate law measures, such as development and application of judicial doctrine...Read more
Centros, the Freedom of Establishment for Companies, and the Court's Accidental Vision for Corporate Law
In consequence of the three ECJ cases in Centros (1999), Überseering (2002), and
Inspire Art (2003), EU member states can no longer effectively apply the real seat theory to companies from other Member States or take other measures to avoid...Read more
Empirical Analysis of Legal Institutions and Institutional Change: Multiple-Methods Approaches and Their Application to Corporate Governance Research
The claim that institutions matter for economic growth and development has so far received a more extensive theoretical treatment than an empirical or methodological one. Basing our approach on a co-evolutionary conception of relations between...Read more
Culture and Law in Corporate Governance
Understanding the role of culture in corporate governance has become a subject of growing importance. Today, no institutional analysis of corporate governance systems would be complete without considering the cultural environment in which such...Read more
The Race to the Bottom Recalculated: Scoring Corporate Law Over Time
The most enduring and widespread academic disputes in American corporate law concern jurisdictional competition. Scholars have debated, at great length, questions stemming from the ability of corporations to choose what jurisdiction to...Read more
The Market for Corporate Law Redux
Corporations operate in numerous markets -- product markets, labor markets, capital-markets. This chapter focuses on the market that is the prerequisite for firms? successful operation in all other markets, as it is the market that frames their...Read more
Incomplete Organizations: Legal Entities and Asset Partitioning in Roman Commerce
In this chapter we analyze ancient Rome?s law of business entities from the perspective of asset partitioning, by which we mean the delimiting of creditor collection rights based on the distinction between business assets and personal assets....Read more
Corporate Governance in Europe: A Critical Review of the European Commission?s Initiatives on Corporate Law and Corporate Governance
European corporate law and corporate governance are moving ahead beyond expectation. Some British voices called this ?a renaissance in the past decade?. In December 2012, the European Commission came forward with an Action Plan that combines both...Read more
The Volcker Rule as Structural Law: Implications for Cost-Benefit Analysis and Administrative Law
The Volcker rule ? a key part of Congress?s response to the financial crisis ? is best
understood as a ?structural law,? a traditional Anglo-American technique for governance of hybrid public-private institutions such as banks and central...Read more
Comparative Corporate Governance: Old and New
The most fundamental comparative corporate governance debates have often focused
on two issues. The first one concerns ownership structure: Why are large corporations in some corporate governance system owned by a multitude of disempowered...Read more
