scholarly journals The Massachusetts Business Corporation Law of 1903. Covering Private Business Corporations, excepting Financial, Insurance and Public Service Corporations

1904 ◽  
Vol 17 (3) ◽  
pp. 215
Author(s):  
W. H. H. ◽  
Prescott F. Hall
Keyword(s):  
Public Service ◽  
Private Business ◽  
Business Corporation ◽  
Corporation Law ◽  
Financial Insurance

scholarly journals Corporate governance issues surrounding executive compensation and executive severance

2021 ◽  
Author(s):  
Andrea W. Zanetti
Keyword(s):  
Executive Compensation ◽  
Board Independence ◽  
Substantial Influence ◽  
Publicly Traded ◽  
Business Corporation ◽  
Effective Governance ◽  
Corporation Law ◽  
Managerial Power ◽  
Legislative Framework

This paper seeks to explain why and how executive severances of publicly-traded Canadian and U.S. companies have reached the financial levels they have, generating public and shareholder outrage and causing governments on both sides of the border to introduce new legislation. The paper investigates the role of the CEO, boards and shareholders in the setting of executive compensation. As the origins ofthe three roles lie in business corporation law, the legislative framework of Canadian and U.S. companies is presented to permit the reader to understand the legal accountabilities and rights of each of the three parties. The paper identifies that executives may exercise substantial influence over boards, possibly impeding effective governance. The paper concludes that effective governance, including greater board independence and board competence in executive compensation matters will help to improve board functioning and minimize the effects of the agency problem, cronyism and managerial power.

The Long History of the Regulation of Private Business Corporations in International Law

Veiled Power ◽  
2020 ◽  
pp. 220-228
Author(s):  
Doreen Lustig
Keyword(s):  
International Law ◽  
Multinational Corporations ◽  
Legal Order ◽  
Legal Responsibility ◽  
Historical Account ◽  
Private Business ◽  
Business Corporation ◽  
Business Regulation ◽  
International Legal Order ◽  
History Of

The conclusion challenges the prevailing narrative on the 1990s as the watershed period during which a new sensibility emerged towards the responsibility of private business corporations as subjects of international legal responsibility. While the prevailing account focuses on the private business corporation as a subject of responsibility, it ignores alternative conceptual frameworks that were central to debates over business regulation in international law such as businesses as participants, monopolies, or multinational corporations (MNCs). Furthermore, this narrative is frequently informed by an implicit historical account on international law’s limited influence (or none at all) on the regulation of private business corporations until the 1990s. Conversely, the conclusion draws on the findings of this book to problematize this narrative of marginality and demonstrates how the supposed marginality of the business enterprise in international law, ingrained as it is in the commonly accepted narrative, is a conceptual bias that facilitated (rather than prevented) the emergence and reach of the private business corporation and legitimized the elements in the international legal order that enabled it to thrive.

Introduction

Veiled Power ◽  
2020 ◽  
pp. 1-14
Author(s):  
Doreen Lustig
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Human Rights ◽  
International Law ◽  
Late Nineteenth Century ◽  
Private Business ◽  
Business Corporation ◽  
Conceptual Analogy ◽  
Late Nineteenth

Corporations have limited responsibilities in international law but enjoy far-reaching rights and privileges. International legal debates often conceive of this issue as a problem of business accountability for human rights violations. Conceptually, the issue of corporations in international law has focused on whether or not they are, or ought to be, recognized as ‘subjects’ of responsibility in international law and on the adequate conceptual analogy to the corporation. The introduction presents an alternative way of thinking about the role of international law and its relevance to the private business corporation. It traces the emergence of the contemporary legal architecture for corporations in international law and shows how modern international law constitutes a framework within which businesses and governments allocate resources and responsibilities—a framework that began to operate as early as the late-nineteenth century and continued throughout the twentieth century.

The Public Service Origins of the American Business Corporation

1978 ◽  
Vol 52 (1) ◽  
pp. 30-60 ◽  
Author(s):  
Ronald E. Seavoy
Keyword(s):  
Nineteenth Century ◽  
Public Service ◽  
Colonial Period ◽  
Public Utility ◽  
American Business ◽  
Business Corporation ◽  
The Public ◽  
General Welfare

The corporate charter, so restricted in its use in England, found a constantly broadening range of applications in America from the colonial period onward. The test of importance to the general welfare, originally confined to municipal, benevolent, or at most public-utility enterprises, was being applied to manufacturing ventures by the second decade of the nineteenth century.

The Federal Trade Commission: The Development of the Law which led to its Establishment

1915 ◽  
Vol 9 (1) ◽  
pp. 57-67
Author(s):  
James A. Fayne
Keyword(s):  
Federal Trade Commission ◽  
Executive Branch ◽  
Department Of Justice ◽  
Private Business ◽  
Administrative Work ◽  
Regulate Competition ◽  
Corporation Law ◽  
The Supreme Court ◽  
The Government ◽  
Circuit Courts

It was Munn vs. Illinois that first interpreted the constitutional provision empowering Congress to regulate commerce in such a way as to charge private business with a public interest. Since that epochal finding our courts have made comparatively swift progress, reaching ultimately (through the Standard Oil and tobacco decisions) a federal trade commission to regulate competition in trade and to restrain illegal combinations. All of this has been done during the professional life of many lawyers of today, for Munn vs. Illinois was decided in 1876.Writers upon the trend of legislation and of court decisions had clearly predicted this last development of corporation law. The incident of climax importance however, was the remanding of the oil and tobacco cases to the circuit courts where the decrees of dissolution were to be worked out in conjunction with the department of justice. This was administrative work, and a department of the executive branch of the government should do it. Hence the creation of the trade commission, empowered to investigate the carrying out of the decrees of the supreme court and to prepare the form of decree in certain cases referred to it by the circuit courts.

The Law of Corporations

2019 ◽  
pp. 495-512
Author(s):  
Lawrence M. Friedman
Keyword(s):  
Nineteenth Century ◽  
Private Practice ◽  
Corporate Law ◽  
Insurance Companies ◽  
Minor Role ◽  
Business Corporation ◽  
Manufacturing Enterprises ◽  
Corporation Law ◽  
The Law ◽  
A Minor

This chapter discusses the development of corporate law in the second half of the nineteenth century. In 1800, corporation law was a torpid backwater of law, mostly a matter of municipalities, charities, and churches. Only a bridge or two, a handful of manufacturing enterprises, a few banks, a few insurance companies, disturbed its quiet. The nineteenth century, however, was the age of the business corporation. By 1870, corporations had a commanding position in the economy. Private practice and legislation made the law of corporations. The courts played a minor role. No constitutional convention met, between 1860 and 1900, without considering the problem of the corporation. This was a nineteenth-century constant; it changed form, format, and its cast of characters, but there was a numbing sameness of theme.

Sign in / Sign up

Export Citation Format

Share Document