Research Handbook on Corporate Purpose and Personhood


Book Description

This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.




Benefit Corporation Law and Governance


Book Description

Corporations with a Conscience Corporations today are embedded in a system of shareholder primacy. Nonfinancial concerns—like worker well-being, environmental impact, and community health—are secondary to the imperative to maximize share price. Benefit corporation governance reorients corporations so that they work for the interests of all stakeholders, not just shareholders. This is the first authoritative guide to this new form of governance. It is an invaluable guide for legal and financial professionals, as well as interested entrepreneurs and investors who want to understand how purposeful corporate governance can be put into practice.




Social Enterprise Law


Book Description

Social enterprises represent a new kind of venture, dedicated to pursuing profits for owners and benefits for society. Social Enterprise Law provides tools that will allow them to raise the capital they need to flourish. Social Enterprise Law weaves innovation in contract and corporate governance into powerful protections against insiders sacrificing goals such as environmental sustainability in the pursuit of short-term profits. Creating a stable balance between financial returns and public benefits will allow social entrepreneurs to team up with impact investors that share their vision of a double bottom line. Brakman Reiser and Dean show how novel legal technologies can allow social enterprises to access capital markets, including unconventional sources such as crowdfunding. With its straightforward insights into complex areas of the law, the book shows how a social mission can even be shielded from the turbulence of an acquisition or bankruptcy. It also shows why, as the metrics available to measure the impact of social missions on individuals and communities become more sophisticated, such legal innovations will continue to become more robust. By providing a comprehensive survey of the U.S. laws and a bold vision for how legal institutions across the globe could be reformed, this book offers new insights and approaches to help social enterprises raise the capital they need to flourish. It offers a rich guide for students, entrepreneurs, investors, and practitioners.




Scaling Impact


Book Description

Scaling Impact introduces a new and practical approach to scaling the positive impacts of research and innovation. Inspired by leading scientific and entrepreneurial innovators from across Africa, Asia, the Caribbean, Latin America, and the Middle East, this book presents a synthesis of unrivalled diversity and grounded ingenuity. The result is a different perspective on how to achieve impact that matters, and an important challenge to the predominant more-is-better paradigm of scaling. For organisations and individuals working to change the world for the better, scaling impact is a common goal and a well-founded aim. The world is changing rapidly, and seemingly intractable problems like environmental degradation or accelerating inequality press us to do better for each other and our environment as a global community. Challenges like these appear to demand a significant scale of action, and here the authors argue that a more creative and critical approach to scaling is both possible and essential. To encourage uptake and co-development, the authors present actionable principles that can help organisations and innovators design, manage, and evaluate scaling strategies. Scaling Impact is essential reading for development and innovation practitioners and professionals, but also for researchers, students, evaluators, and policymakers with a desire to spark meaningful change.




Public Benefit in Charity Law


Book Description

This comprehensive analysis of the legal principles and practical applications of the public benefit test in charity law in the UK provides essential guidance on a fundamental and hotly debated area of law. It also includes comparisons with Australia, Canada, and New Zealand.




The Idea of Arbitration


Book Description

Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.




The 'New' Public Benefit Requirement


Book Description

This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.




Power to the Public


Book Description

“Worth a read for anyone who cares about making change happen.”—Barack Obama A powerful new blueprint for how governments and nonprofits can harness the power of digital technology to help solve the most serious problems of the twenty-first century As the speed and complexity of the world increases, governments and nonprofit organizations need new ways to effectively tackle the critical challenges of our time—from pandemics and global warming to social media warfare. In Power to the Public, Tara Dawson McGuinness and Hana Schank describe a revolutionary new approach—public interest technology—that has the potential to transform the way governments and nonprofits around the world solve problems. Through inspiring stories about successful projects ranging from a texting service for teenagers in crisis to a streamlined foster care system, the authors show how public interest technology can make the delivery of services to the public more effective and efficient. At its heart, public interest technology means putting users at the center of the policymaking process, using data and metrics in a smart way, and running small experiments and pilot programs before scaling up. And while this approach may well involve the innovative use of digital technology, technology alone is no panacea—and some of the best solutions may even be decidedly low-tech. Clear-eyed yet profoundly optimistic, Power to the Public presents a powerful blueprint for how government and nonprofits can help solve society’s most serious problems.




The Shareholder Value Myth


Book Description

An in-depth look at the trouble with shareholder value thinking and at better options for models of corporate purpose. Executives, investors, and the business press routinely chant the mantra that corporations are required to “maximize shareholder value.” In this pathbreaking book, renowned corporate expert Lynn Stout debunks the myth that corporate law mandates shareholder primacy. Stout shows how shareholder value thinking endangers not only investors but the rest of us as well, leading managers to focus myopically on short-term earnings; discouraging investment and innovation; harming employees, customers, and communities; and causing companies to indulge in reckless, sociopathic, and irresponsible behaviors. And she looks at new models of corporate purpose that better serve the needs of investors, corporations, and society. “A must-read for managers, directors, and policymakers interested in getting America back in the business of creating real value for the long term.” —Constance E. Bagley, professor, Yale School of Management; president, Academy of Legal Studies in Business; and author of Managers and the Legal Environment and Winning Legally “A compelling call for radically changing the way business is done... The Shareholder Value Myth powerfully demonstrates both the dangers of the shareholder value rule and the falseness of its alleged legal necessity.” —Joel Bakan, professor, The University of British Columbia, and author of the book and film The Corporation “Lynn Stout has a keen mind, a sharp pen, and an unbending sense of fearlessness. Her book is a must-read for anyone interested in understanding the root causes of the current financial calamity.” —Jack Willoughby, senior editor, Barron’s “Lynn Stout offers a new vision of good corporate governance that serves investors, firms, and the American economy.” —Judy Samuelson, executive director, Business and Society Program, The Aspen Institute




Discretion and Public Benefit in a Regulatory Agency


Book Description

This book explores the manner in which a variety of public benefits such as environmental protection and consumer safety have been accommodated through the authorisation process within competition law and policy in Australia. While the regulator s use of its discretion can be explained as a triumph of practice over theory, this book explores the potential for competition principles to be imbued by the wider discourses of democratic participation and human rights. In doing so it makes a significant contribution to the Australian competition policy as well as reconceptualising the way in which discretion is used by regulators...a very important and creative contribution to the literatures on both business regulation in general and Australian competition and consumer protection law in particular. It pays special attention to an everyday regulatory function that is often ignored in scholarship. And it is very important in challenging--on both empirical and normative policy oriented grounds--a narrowly economic approach to competition law, and proposing an alternative understanding and practice for the public benefit test in ACCC authorisations.