The End of Corporate Governance Law

This article argues that corporate governance is sub-optimal because of special interest influence at both the state and federal level, and because institutionally the mechanisms for promulgating corporate governance are not capable of impounding corporate goverance science. I offer as a solution the creation of depoliticized agency (on par with the Fed) that could administer a federal incorporation regime in an expert manner and without special interest interference. I posit that shareholders should be empowered to select this federal incorporation option

The New Cultural Diversity and Title VII

This Article will show that the most progressive diversity initiatives taking hold in the business community are facially neutral in their approach, merit-driven, and fundamentally culture-conscious (as opposed to race-conscious). These initiatives do not allow for any racial preference or gender preference and draw any such bias not from the inherent values of diversity but from the largely segregated pre-existing corporate tradition: hiring culturally aware minorities unleashes value because they bring insights previously unavailable to segregated businesses. In other words, White males can be and are hired in the name of cultural diversity when they bring cultural insights to the business. Nevertheless, these initiatives also serve to pave the way for traditionally excluded groups (including African Americans, Hispanics, and women) to participate in American economic life in a more meaningful fashion, and in far greater numbers than in the past

Market Fundamentalism\u27s New Fiasco: Globalization as Exhibit in the Case for a New Law and Economics

Review of Globalization and Its Discontents by Joseph E. Stiglit