The Jurisprudential Foundations of Corporate and Commercial Law

Scholarship

PUBLISHER

Cambridge University Press

DATE

2000

Steven D. Walt

Jody S. Kraus & Steven D. Walt, The Jurisprudential Foundations of Corporate and Commercial Law, Cambridge University Press (2000).

Are M&A Lawyers Better at Contract Drafting?
G. Mitu Gulati
This article studies the impact of exogenous legal change on whether and how lawyers across four different deal types revise their contracts’... MORE
Contractual Depth
Cathy Hwang
Who is the intended audience of a contract? A court, who may be called upon to resolve a dispute, is one audience. Another is commercial communities... MORE
Cleaning Corporate Governance
Cathy Hwang
Although empirical scholarship dominates the field of law and finance, much of it shares a common vulnerability: an abiding faith in the accuracy and... MORE

The Economics of Securities Regulation: A Survey
Paul G. Mahoney
This monograph reviews the academic literature that analyzes securities regulation from an economic perspective. It begins by describing the... MORE
Contracts of Inattention
G. Mitu Gulati
The standard paradigm of contracting assumes that parties will revise subsequent contracts if a court interpretation of a clause does not reflect... MORE
Investigating the Contract Production Process
G. Mitu Gulati
Contract law and theory have traditionally paid little attention to the processes by which contracts are made. Instead, contracts among sophisticated... MORE

International Human Rights and Multinational Corporations: An FCPA Approach
Paul B. Stephan

Pierre-Hugues Verdier
Recent Supreme Court decisions have severely curtailed the reach of the Alien Tort Statute (ATS), making it nearly impossible to hold multinational... MORE
The New Separation of Ownership and Control: Institutional Investors and ESG
Paul G. Mahoney

Julia D. Mahoney
Scholars and policy makers have long debated whether corporations should serve social purposes at the expense of shareholder wealth. The SEC has... MORE
Anticompetitive Effects and Market Definition in Platform (and Non-Platform) Markets
Thomas B. Nachbar
Market definition is a highly contested topic in antitrust. Courts’ approaches to market definition are admittedly flawed, and the case originating... MORE

‘ESG’ Disclosure and Securities Regulation
Julia D. Mahoney

Paul G. Mahoney
An SEC push for environmental, social, and governance disclosure would cater to Wall Street instead of Main Street. Politicians, policy experts, and... MORE
The Make-Whole Provision in Sovereign Bonds
G. Mitu Gulati
Unnoticed in the literature on sovereign bonds, an innovation has been taking place over the past decade and a half. Starting with a single issuance... MORE
Do ESG Mutual Funds Deliver on Their Promises?
Quinn Curtis
Corporations have received growing criticism for their role in climate change, perpetuating racial and gender inequality, and other pressing social... MORE

The Social Cost of Contract
Cathy Hwang
When private parties perform contracts, the public bears some of the costs. But what happens when society confronts unexpected contractual risks?... MORE
The Price of Cheeky Contracting
G. Mitu Gulati
An implication of the incompleteness of contracts is that there are going to be gaps and ambiguities that either side can exploit. We ask whether the... MORE
Corporate Commitment to International Law
Jay Butler
Corporations are increasingly important actors in international law. But, vital questions underlying this development have long gone unanswered: how... MORE

Advisers by Another Name
Paul G. Mahoney
The rise of index funds has reshaped the modern American capital markets. Like mutual fund managers, indices now direct trillions of dollars of... MORE
Revealing Corporate Financial Misreporting
Quinn Curtis
This study examines how frequently firms restate when they materially misstate their financial statements using stock option backdating as the... MORE
Interpretation Revisited—Has Transnational Law Complicated the Interpretive Mandate?
Steven D. Walt
International commercial law conventions (or “transnational law”) increasingly have become the legal device of choice regulating international... MORE