Oxford Business Law Blog

Faculty of law blogs / UNIVERSITY OF OXFORD

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Shareholder Primacy: The Misconstruction

31 May 2023

The EU Proposal on Corporate Sustainability Due Diligence and the Mystique of Complete Corporate Separateness

The European Commission’s recent proposal for a directive on corporate sustainability due diligence (the Proposal) is the latest and boldest attempt to harness corporate law in fighting human...

11 April 2022

Mariana Pargendler

The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided

Considerable controversy has surrounded the US Supreme Court’s sharply divided decisions in Citizens United and Hobby Lobby. Critics argue that giving business corporations unwarranted constitutional protections entrenches corporate power at...

15 March 2022

David Gindis

Abraham A. Singer

The Fallacy of Complete Corporate Separateness

In a paper recently made available on SSRN, I identify and debunk a recurrent logical fallacy relating to the analytical and normative consequences of the well–established fact that corporations have...

25 January 2022

Mariana Pargendler

Regulatory Partitioning as a Key Function of Corporate Personality

Legal scholars have long recognized that corporate persons, just like natural persons, operate as ‘right-and-duty bearing units’ (Friedrich Maitland), serving as a ‘point of imputation’ of legal rights and duties...

24 February 2021

Mariana Pargendler

Corporations Do Matter in Private Law Theory

Corporations are neglected in private law theory. As we argue in ‘The Corporation as a Category in Private Law’, this is unfortunate. Corporations are objects of both private...

20 December 2019

Andrew Gold

Paul Miller

Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives

The concept of a company as a separate entity from its shareholders is well known and recognized in many common law and civil law jurisdictions. Generally, it is regarded as a...

How Universal Is the Corporate Form? Reflections on the Dwindling of Corporate Attributes in Brazil

The business corporation is a central institution of modern capitalism. Since its inception several centuries ago, the reported history of the corporate form is one of continued proliferation and diffusion...

23 March 2018

Mariana Pargendler

Judicial Innovation vs. Studied Inertia: Canadian Corporate Law and the New Global Economic and Environmental Realities in Chevron Corp. v. Yaiguaje

In Chevron Corp. v. Yaiguaje, the Supreme Court of Canada clarified the concept of comity to affirm its liberal approach to facilitating the recognition and enforcement of foreign...

20 May 2016

Jason MacLean

Shareholder Primacy: The Misconstruction

The EU Proposal on Corporate Sustainability Due Diligence and the Mystique of Complete Corporate Separateness

The Corporate Baby in the Bathwater: Why Proposals to Abolish Corporate Personhood Are Misguided

The Fallacy of Complete Corporate Separateness

Regulatory Partitioning as a Key Function of Corporate Personality

Corporations Do Matter in Private Law Theory

Piercing the Corporate Veil: Historical, Theoretical and Comparative Perspectives

How Universal Is the Corporate Form? Reflections on the Dwindling of Corporate Attributes in Brazil

Judicial Innovation vs. Studied Inertia: Canadian Corporate Law and the New Global Economic and Environmental Realities in Chevron Corp. v. Yaiguaje

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