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).

Qualitative Market Definition
Thomas B. Nachbar
Modern antitrust law has come under intense criticism in recent years, with a bipartisan chorus of complaints about the power of technology and... MORE
Executive Compensation and Corporate Governance
Michael Doran
Over the past quarter century, Congress has enacted several major reforms for retirement plans and individual retirement accounts, usually with large... MORE
National Security Creep in Corporate Transactions
Kristen Eichensehr

Cathy Hwang
National security review of corporate transactions has long been a relatively sleepy corner of regulatory policy. But as governments merge economic... MORE

Executive Compensation, Corporate Governance, and Tax Policy
Michael Doran
Over the past four decades, persistent concerns about executive compensation have prompted the US Congress to enact penalty taxes aimed at various... MORE
ESG and Private Ordering
Michal Barzuza

Quinn Curtis
Easterbrook and Fischel’s seminal book The Economic Structure of Corporate Law has taught us the crucial role of markets in shaping the corporate... MORE
A Modern Poor Debtor's Oath
Rich Hynes
Bankruptcy offers a fresh start that frees individuals from crushing debt burdens. Many insolvent Americans are, however, simply too poor to afford... MORE

Proposal on Climate-Related Disclosures for Investors [File No. S7-10-22]
Julia D. Mahoney

Paul G. Mahoney

Edmund W. Kitch
We appreciate the contributions of colleagues who have commented on the SEC’s proposal for mandatory climate-related disclosure rules for public... MORE
Collaborative Intent
Cathy Hwang
Why do parties—even sophisticated ones—draft contracts that are vague or incomplete? Many others have tackled this question, but this Article argues... 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

The Forms and Functions of Tort Law
Kenneth S. Abraham
The perfect accompaniment to any torts casebook, this text covers all the major cases and issues in a standard torts course. The text addresses cases... MORE
Comment on The Limits of Public Contract Law
Cathy Hwang
In May of 2020, my friends were supposed to get married. Like all organized people, they had a contract for a venue, for catering, for a cake, and... MORE
The Instrumental Case for Corporate Diversity
Naomi R. Cahn
The moral case for diversity in businesses is compelling. The business case for diversity (that “diverse companies do better”) is mixed: studies in... MORE

Nonparty Interests in Contract Law
Cathy Hwang
Contract law has one overarching goal: to advance the legitimate interests of the contracting parties. For the most part, scholars, judges, and... MORE
Investment Law Scholars’ Amicus Brief in Hughes v. Northwestern University
Quinn Curtis
In Hughes v. Northwestern University, the Supreme Court is set to address “Whether allegations that a defined-contribution retirement plan paid or... 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

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
Information and Deterrence in Shareholder Derivative Litigation
Quinn Curtis
Shareholder derivative litigation is often critiqued as costly to firms Special litigation committees have been devised as a means to dismiss low-... 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