Corporate Duties To The Public
Today's economic and social context demands that corporations - once seen only as private actors - owe duties to the public.
|Titel:||Corporate Duties To The Public|
|auteur:||Choudhury, Barnali (university College London); Petrin, Martin (university College London)|
|Uitgever:||Cambridge University Press|
|Plaats van publicatie:||03|
|Afmetingen:||162 x 236 x 21|
Martin Petrin is an Associate Professor at University College London. He holds an S.J.D. specializing in corporate law from the University of California, Los Angeles, a Ph.D. from the University of St Gallen, and an LL.M. from Columbia University. He is the author of numerous books including, most recently, Corporate Governance: Law, Regulation and Theory (2017). Martin has practiced law with a leading international business law firm and is admitted to the Bar in New York and Switzerland. He has visited at the University of Cambridge and the Max Planck Institute for Comparative and Private Law.
'This book is a massive achievement. It is both broad and deep, offering a balanced and comprehensive look at the multitude of ways corporations interact with the public and the policy options available to address those interactions. Anyone thinking about the role of business in global society should have this impressive volume at their fingertips.' Kent Greenfield, Boston College Law School
Acknowledgements; 1. Introduction; 1.1 Common arguments for a closer relationship between corporations and the public; 1.2 The structure of the book; 2. Background; 2.1 A brief history of the corporation and its relationship with the public; 2.2 Justifying corporate duties; 2.3 Conclusion; 3. Corporate purpose; 3.1 Theoretical approaches; 3.2 The corporate purpose in UK and US law; 3.3 The diverging views assessed; 3.4 A recalibrated purpose; 3.5 Conclusion; 4. Corporate governance; 4.1 Introduction; 4.2 Corporate governance policies; 4.3 Conclusion; 5. Parent company liability; 5.1 Introduction; 5.2 The group company and limited liability; 5.3 Circumventing limited liability; 5.4 The (economic) case for group company liability; 5.5 Reforming liability for group companies; 5.6 Two-tiered liability based on risk internalization; 5.7 Conclusion; 6. Tort law; 6.1 Justification for corporate liability; 6.2 Corporate theories; 6.3 Attribution mechanisms; 6.4 Alternative approaches - depersonalized corporate liability; 6.5 Conclusion; 7. Criminal law; 7.1 Recognition of corporate criminal liability; 7.2 Attribution mechanisms; 7.3 Justifying and designing corporate criminal liability; 7.4 Conclusion; 8. Human rights law; 8.1 The legal regime for corporations and human rights; 8.2 Defining corporate duties vis-à-vis human rights; 8.3 Conclusion; 9. Environmental law; 9.1 The case for corporate environmental responsibility; 9.2 Existing mechanisms defining corporate environmental responsibility; 9.3 Conclusion; 10. Corruption; 10.1 Defining corruption; 10.2 Why combat corruption?; 10.3 Anti-corruption rules; 10.4 Corporate duties for combating corruption; 10.5 Conclusion; 11. Tax law; 11.1 Why are corporations taxed?; 11.2 The problem of aggressive tax planning; 11.3 Contextualizing the role of governments; 11.4 The corporate duty (not) to engage in tax avoidance); 11.5 Conclusion; 12. Conclusion; 12.1 Key findings; 12.2 Common themes and lessons; 12.3 Final thoughts; Index.
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