DANA BRAKMAN REISER Over the past few years, jurisdictions across the country have enacted specialized organizational forms to house social enterprises. Social enterprises are entities dedicated to a blended mission of earning profits for owners and promoting social good. They are neither typical businesses, concentrated on the bottom line of profit, nor traditional charities, geared [...]

J. WILLIAM CALLISON In Greek myth, Procrustes, a bandit son of Poseidon, had a one-size-fits-all iron bed on which he invited passers-by to spend the night. Once his guests were asleep, he used his ironsmith’s hammer to stretch them to fit the bed. If a guest proved too tall, Procrustes would use shears to amputate [...]

J. HASKELL MURRAY In the wake of the most recent financial crisis, interest in social enterprise has increased exponentially. Disillusioned with the perceived shareholder wealth focus of corporate law, entrepreneurs, investors, customers, and governments have become more receptive to new paradigms. In the past four years, nineteen states have passed at least one of five [...]

LAWRENCE J. TRAUTMAN KARA ALTENBAUMER-PRICE It is unquestioned in today’s business and litigation climate that corporate officers and directors face significant exposure based simply on their roles and titles, no matter how effectively, carefully, or in good faith their decisions are made.  Director and officer insurance, often called D&O, is designed to protect executives, outside [...]

CHIEN-CHUNG LIN Observing the Chinese independent director mechanism—which was imported into corporate architecture in China beginning in 2001—always incurs confusion as well as conflicting opinions. In a legal context, how this newly-introduced mechanism can work within the dual-board structure as an effective addition to Chinese corporate governance has been at the center of debates among [...]

D. BRUCE JOHNSEN From 1945 to 2010 the proportion of private-sector workers covered by collective bargaining agreements declined from 36% to a once unthinkable 6.9%.  This decline raises the question of how well labor unions serve their rank and file.  This study addresses the economics of labor unions in an attempt to determine who captures [...]

CAROLINE BRADLEY Many of the main actors constructing financial regulation in the wake of the global financial crisis era have a stated commitment to transparency. However, transparency in financial regulation is undermined because the information disclosed is simultaneously limited and excessive. On one hand, the communications are limited: transnational standard-setters publish their documents in a [...]

BROOKSLEY BORN Trillions of taxpayer dollars have been spent to rescue large financial institutions and to support the financial system. Millions of Americans are out of work, cannot find full-time work or have given up looking for work. About 4 million families have lost their homes to foreclosure, and another 4.5 million are in the [...]