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Corporate Duties to the Public Barnali Choudhury (University College London)

Corporate Duties to the Public By Barnali Choudhury (University College London)

Corporate Duties to the Public by Barnali Choudhury (University College London)

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Summary

This book is aimed at scholars, policymakers, industry and non-governmental organizations, lawyers and business managers. By offering a systematic understanding of the most pertinent corporate responsibilities, the ideas in this book can be used both to develop policies and rules in this area and to hold corporations accountable.

Corporate Duties to the Public Summary

Corporate Duties to the Public by Barnali Choudhury (University College London)

In a world where the grocery store may be more powerful than the government and corporations are the governors rather than the governed, the notion of corporations being only private actors is slowly evaporating. Gone is the view that corporations can focus exclusively on maximizing shareholder wealth. Instead, the idea that corporations owe duties to the public is capturing the attention of not only citizens and legislators, but corporations themselves. This book explores the deepening connections between corporations and the public. It explores timely - and often controversial - public issues with which corporations must grapple including the corporate purpose, civil and criminal liability, taxation, human rights, the environment and corruption. Offering readers an encompassing, balanced, and systematic understanding of the most pertinent duties corporations should bear, how they work, whether they are justified, and how they should be designed in the future, this book clarifies corporations' roles vis-a-vis the public.

Corporate Duties to the Public Reviews

'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
'This book finds its niche among other works about corporate law, human rights, and corporate social responsibility.' D. Truty, Choice

About Barnali Choudhury (University College London)

Barnali Choudhury is an Associate Professor at University College London. She is the author of Public Services and International Trade Liberalization: Human Rights and Gender Implications (Cambridge, 2012) and a co-editor of Understanding the Company: Corporate Governance and Theory (Cambridge, 2017). She has travelled around the world presenting her work, and her research has been cited by the United Nations, the House of Commons and the House of Lords EU Select Committee, among others. Barnali has visited at New York University Law School and the University of Cambridge and was recently awarded a Leverhulme Research Fellowship. 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.

Table of Contents

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-a-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.

Additional information

NPB9781108421461
9781108421461
1108421466
Corporate Duties to the Public by Barnali Choudhury (University College London)
Barnali Choudhury (University College London)
New
Hardback
Cambridge University Press
2019-01-10
386
N/A
Book picture is for illustrative purposes only, actual binding, cover or edition may vary.
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