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A Research Agenda for Corporate Law

9781800880436 Edward Elgar Publishing

Edited by Christopher M. Bruner, Stembler Family Distinguished Professor in Business Law, University of Georgia School of Law, Athens, US and Marc Moore, Professor of Corporate/Financial Law, University College London, UK and Global Distinguished Professor of Law, University of Notre Dame (USA), England

Publication Date: 2023 ISBN: 978 1 80088 043 6 Extent: 298 pp

Outlining significant dynamics that may pave the way for future evolution in the field of corporate law, this timely Research Agenda explores provocative and cutting-edge developments to identify new directions for scholarly inquiry. Bringing together a diverse group of scholars, the book evaluates doctrinal and normative issues in corporate law from a range of contextual and interdisciplinary viewpoints.

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Elgar Research Agendas outline the future of research in each area. Leading scholars are given the space to explore their subject in provocative ways and map out the potential directions of travel. They are relevant but also visionary.

This timely Research Agenda explores key dynamics and cutting-edge developments within corporate law. Bringing together a diverse range of scholars hailing from different jurisdictions, ideological perspectives, and methodological backgrounds, it provides a roadmap for future research in the field.

Through the investigation of different doctrinal and normative issues, leading scholars consider how evolving conceptual foundations, capital markets, social and cultural contexts, and technologies may impact corporate law and governance research. Ground-breaking contributions examine the increasingly global nature of corporate production and investment markets and the influence this has on the wider dynamics in the fields, suggesting new directions for navigating this complex and fascinating terrain.

Students and scholars of corporate law, corporate governance, and law and business will value the innovative ideas unpacked in this state-of-the-art Research Agenda. Its forward looking and practical insights will also benefit practitioners and policymakers in corporate law, corporate governance, sustainability, and business law. and economics.

Critical Acclaim

‘Bruner and Moore bring a new generation of scholars from around the world together to challenge the underlying assumptions behind much of the prior literature on corporate governance, and offer glimpses into the future of this 1000-year old institution. This is a fascinating and eye-opening collection!’
– Margaret M. Blair, Vanderbilt University Law School, US

‘At a time of accelerated change, A Research Agenda for Corporate Law presents a cutting-edge exploration of the evolving conceptual foundations of corporate law and of the global dynamics and the economic, technological, social and cultural contexts that are currently reshaping it. Featuring contributions from leading scholars in the field, the book sets out a research agenda for the study of corporate law, reflecting the complexity and dynamism of the field. It offers an essential resource for researchers, students, and policymakers seeking to understand and navigate the changing landscape of corporate law.’
– Luca Enriques, University of Oxford, UK

‘The world is changing, fast, and theorizing about corporate law might well be too. For those who want to know what direction corporate law theory is heading, this stimulating collection of essays by academics in the vanguard of corporate law scholarship is the place to start.’
– Brian Cheffins, University of Cambridge, UK

Contributors

Contributors: Afra Afsharipour, Anat Alon-Beck, Christopher M. Bruner, Ann Sofie Cloots, Ofer Eldar, Michael Galanis, Sergio Alberto Gramitto Ricci, Jonny Hardman, Virginia Harper Ho, Andrew Johnston, Carol Liao, William J. Moon, Marc Moore, Kish Parella, Christina M. Sautter

Contents

Contents:

1 Formulating a research agenda for corporate law 1
Christopher M. Bruner and Marc Moore

PART I EVOLVING CONCEPTUAL FOUNDATIONS
2 Atomising corporate law: a battle cry for splitters 15
Jonny Hardman
3 Corporate law coasting in neutral: from
egalitarianism, to sustainability, to extinction? 35
Michael Galanis
4 Integrating sustainability into corporate governance 57
Andrew Johnston

PART II EVOLVING CAPITAL MARKETS
5 Dual fiduciaries: unicorns, corporate law and the
new frontier 83
Anat Alon-Beck
6 The governance of entrepreneurship 101
Ofer Eldar
7 Sustainable finance and the public turn in corporate law 121
Virginia Harper Ho

PART III EVOLVING SOCIAL AND CULTURAL CONTEXTS
8 An anti-racist feminist agenda for sustainable
corporate law 143
Carol Liao
9 Diversity and ESG: implications for M&A 163
Afra Afsharipour

PART IV EVOLVING TECHNOLOGIES
10 Decentralised finance, decentralised organisations
and the future of the firm 187
Ann Sofie Cloots
11 Harnessing the collective power of retail investors 207
Sergio Alberto Gramitto Ricci and Christina M. Sautter

PART V EVOLVING GLOBAL DYNAMICS
12 Global corporate charter competition 231
William J. Moon
13 The symbiosis between corporate governance and
international law 251
Kish Parella

PART VI CONCLUSIONS
14 Corporate law in changing times 273
Marc Moore and Christopher M. Bruner

Index 279