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Several jurisdictions in the Commonwealth Caribbean have undertaken reform and modernisation of their insolvency legislation. The dominant model for the new enactments has been Canada's federal statute, the Bankruptcy and Insolvency Act, RSC 1985, which has already been transplanted into six jurisdictions of the region. The transplantation has introduced lexicon which, while part of the vocabulary of the old statutes for personal insolvency, has, traditionally, been unfamiliar to the region's corporate insolvency law, hence the phrase, '"old–new" lexicon', in the title. This article examines the meanings of some of this lexicon, particularly 'bankruptcy' and cognate terms, including 'acts of bankruptcy'. The examination extends to the term 'receiving order', operationally related to bankruptcy. Legal interpretation of the terms is enriched in the discussion by insights from linguistics. While showing that the importation of these terms into the region's corporate insolvency law is semantically problematic, the article elucidates the signification of the terms. It points out that some of the 'old–new' terms may tend to reduce the efficacy in the contemplated lay administration of the statutes. It also warns that the 'old–new' lexicon threatens to undermine key goals of the reform exercise, suggesting a need for deeper scrutiny in the transplantation process. [ABSTRACT FROM AUTHOR]

As is known in Corporate Law, corporate law experts divide 2 (two) major groups of business entity forms, one of which is a legal entity. Included in this group is the Limited Liability Company (PT) The thing that distinguishes between the two types of business entities incorporated and unincorporated lies in the responsibility of the company owner. In relation to practice, business people are more interested in establishing a business entity in the form of a legal entity, namely a Limited Liability Company ("PT"). The reasons why business people are more likely to choose a PT, namely the continuity of a business entity in the form of a PT does not depend on the personalities of the owners but on the capital accumulated, the separation of responsibilities between the company owner and the company, and because PT can be used as a means to move towards a more liberal and open business. In carrying out the management of a PT, the Board of Directors performs its duties with reference to the principle of good faith. In this case, it is actually difficult to distinguish which actions are actually carried out in good faith and which actions are reasonable in carrying out their duties. In relation to its duties and authorities, the management of the Company carried out by the Board of Directors includes running business activities, controlling, and making business decisions that have an impact on the Company, even though these decisions can cause profits or losses. [ABSTRACT FROM AUTHOR]

Brazil is South America's leading domicile for listed public companies and has enjoyed substantial economic growth in the last generation. But it remains a nation constrained by limited resources to address all of its challenges and opportunities. Because of this reality, Brazil has chosen to use arbitration as the method to resolve disputes between the stockholders of public companies about critical issues such as the fairness of interested transactions and other claims for breach of fiduciary duty or compliance with statutory law and securities laws. Likewise, important commercial disputes involving public companies are also resolved in arbitration. This is problematic in one hugely important way: Brazil has not yet recognized that arbitration of this kind that affects public companies, their stockholders, and other stakeholders is distinct from purely private arbitration. As a result, the arbitration process for public companies lacks the accountability and integrity that accompanies public adjudication and also fails to create a body of decisional law that provides a basis for the evolution of sound corporate governance best practices and that encourages arbitrators to base their decision on principled and coherent interpretations of commercial, corporate, and securities law. Recognizing that one of the primary reasons Delaware has emerged as an international leader in corporate and commercial law is that its system of adjudication resolves cases promptly, expertly, and publicly, and provides practitioners, academics, regulators, stockholders, corporate leaders, and the public with reasoned decisions about important determinations affecting public companies, we argue that features of Delaware's approach could be usefully employed within Brazil's system of public company arbitration. We thus support and encourage recent reforms in Brazil to open up the system of public company arbitration and provide specific suggestions for making the new movement toward public arbitration in public company cases effective. By capitalizing on the speed and expertise that can be brought to bear by arbitration, but combining it with credibility- and consistency-enhancing features, Brazil can further its ambitions to be an international leader in the market for incorporation and better encourage investment in its economy. [ABSTRACT FROM AUTHOR]

Company law is a crucial area of expertise or employment for experts in company secretarial work. The different provisions of the Companies Act, as well as its schedules, rules, notices, and circulars, as well as secretarial practice and case laws, are covered in-depth in this section. According to the law, a business is a body corporate with a different legal identity, status, and personality from the individuals who make up its membership. A company is, in the legal sense, a grouping of human and artificial beings that has been officially established by a nation's law. According to Indian law, there are seven different types of corporations: partnerships, limited liability companies, sole proprietorships, private limited companies, and public businesses (LLP). The list of types of businesses is below. The current law, the Companies Act of 1956, is made up of 15 Schedules and 658 provisions. There are 464 sections and 7 sections in the 2013 Companies Act. The Act includes fewer provisions since non-prescriptive regulations continue to control businesses. The Act's provisions served as the foundation for the notes that follow. company law Company law, also referred to as business law or company law, is the body of legislation that governs how businesses are formed, managed, and operated, as well as any associated rules, regulations, laws, and practices. Simply defined, corporate law deals with every legal problem that a business encounter. A Research's relevance is determined by the study itself. It speaks to the study's significance and contribution to a particular area of research. The emphasis is on who and how research findings are beneficial. It facilitates corporate success. We can use it to bolster truths and disprove lies. It serves as a tool for identifying, evaluating, and seizing opportunities. It encourages a love of reading and confidence in writing, analysis, and sharing important information. Leanne Zara emphasizes that "the major goal of research is to direct impact on people, prove a theory, as well as contribute to the advancement of knowledge in the subject of study" while discussing the significance of research. 4 Studies are the basis of information for the purpose of understanding and the primary source of providing laws or guidelines for managing various social, business, or governmental problems. A thorough research provides learners with critical thinking abilities, effective analysis, and research. It is a varied, systematic education that aids in effectively comprehending new advancements in one's specialty. The COPRAS-G method requires identifying selection criteria, evaluating information related to these criteria, and developing methods to evaluate Meeting the participant's needs Criteria for doing in order to assess the overall performance of the surrogate. Decision analysis involves a Decision Maker (DM) Situation to do consider a particular set of alternatives and select one among several alternatives, usually with conflicting criteria. For this reason, the developed complexity proportionality assessment (COPRAS) method can be used. Alternative Taken as Artificial person, Membership, Incorporated Association, Separate legal Existence and Perpetual Succession. Evaluation Parameters Taken as Common Seal, Limited Liability, Share Transfer, Maintenance of Account books, Audit of Accounts. Company law Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank. Membership is got the first rank whereas is the Incorporated Association is having the Lowest rank. [ABSTRACT FROM AUTHOR]

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Copyright of Zeitschrift für Bankrecht und Bankwirtschaft is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Bankrecht und Bankwirtschaft is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Zeitschrift für Bankrecht und Bankwirtschaft is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the Corporate Transparency Act (CTA) and its implications on lawyers and law firms in the U.S. Topics discussed include the aim of CTA to address the lack of transparency which may facilitate illegal activities, the requirement to companies to disclose the identity of their beneficial owners and company applicants to the Financial Crimes and Enforcement Network (FinCEN) of the Department of Treasury, and the compliance to CTA.

Copyright of Contemporary Accounting Research is the property of Canadian Academic Accounting Association and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article is an imprint of the "GesR" Health Law Journal. It contains information about the publisher Dr. Otto Schmidt KG, the editor RA Prof. Dr. Martin Rehborn, RA Dr. Rudolf Ratzel, and RA Prof. Dr. Jens Prütting, LL. M. oec. Information is also provided about the editorial staff, production, advertising, and sale of the journal. The subscription price and frequency of publication are also mentioned. The ISSN numbers of the journal are provided, and reference is made to copyright and publishing rights. The text contains information about various publications and offerings of the Otto Schmidt publishing company. It is noted that all contributions and illustrations are protected by copyright and written consent from the publisher is required for any use not expressly permitted. Instructions for authors and contributors are also provided. In addition, various publications of the publishing company are presented, including a procedural form book and a labor law work. Information is also given about a part-time master's degree program in medical law and a book on labor law in company pension schemes. [Extracted from the article]

The article titled "Legal Responsibility of the Insurance Company for Unpaid Participant Claims" explores the role of insurance companies in protecting the public and their responsibility to pay claims to participants who experience losses. It examines the legal obligations of insurance companies and the regulations that safeguard policyholders. The article also discusses common reasons for claim rejection and previous research on this topic. The research aims to increase consumer awareness about their rights in insurance claims. Additionally, this document discusses the rights and obligations of policyholders in a life insurance contract, emphasizing the legal responsibility of insurance companies to pay claims and the protection provided to policyholders through regulations. It concludes that insurance companies that deny participant claims may face legal consequences in both civil and criminal contexts. [Extracted from the article]

Depending on who you ask, corporate compliance is either the most valuable initiative a company can invest in, or simply a type of insurance policy purchased to avoid legal liabiliN. This divergence is problematic because it leaves the compliance community-companies, 7-egulaton, compliance scholars-guessing as to whether and how much should be invested in compliance programs. There are two reasons for this ideological disagreement. One is that most compliance scholarship has thinly defined value, focusing on how co·mpliance programs save companies money through legal liability avoidance or bi generally improving corporate culture that will result in far off and ill-defined corporate benefits. The otheris that when there have been attempts to measure the value of corporate compliance, theN have largely suffered from a lack of empirical rigor. This Article seeks to address both dejiciencies. First, we provide a more robust concept of corporate compliance value by focusing on how compliance can provide the potential for increased consumer sales revenue, a metric business leadets and regulators can easily understand and internalize. Second, by utilizing a validated statistical method called choice-based conjoint analysis, we directly and rigoroush measure the revenue generation value of corporate compliance programs. This Adicle is thefirst to provide empidcally sound, direct evidence that corporate compliance can create positive revenue enhancing value for companies. This more complete conception and measurement of compliance value has important implications for co*orate stakeholders, including managers who design and implement compliance programs, regulators who monitor and enforce such programs, and legal scholars who research optimal compliance poligy. [ABSTRACT FROM AUTHOR]

English-architecture company law describes the distinct and diverse group of company or corporate law used in more than sixty jurisdictions worldwide. English-architecture company law provides a robust platform for innovation and development due to its permissive structure, opportunity for choice of law in an entity's internal governance, and scalability permitting variation for small and large entities. It is the dominant form among International Financial Centers (IFCs), many of which have legal systems with a British connection. This body of law responds to competition and maintains dynamism by engaging its practice community through "learning by doing" and "frictioneering." An architectural approach permits a broader review of developments in company law that more closely captures the reality of global law practice. The IFC experience of climbing the value chain from tax arbitrage to provide solutions for entities or structures left out in the corporate law of larger jurisdictions provides a useful global governance model to maintain normative, jurisprudential, and regulatory coherence even as it responds to more specialized and unanticipated needs. This Article explores what makes English-architecture company law so successful and how IFCs use it to compete in the global law market. [ABSTRACT FROM AUTHOR]

Traditionally, corporate fiduciary duties are said to run to the corporation itself. But what does this mean? Something, this Article argues, that is quite different from what both shareholder and stakeholder value maximization proponents think. Specifically, the argument is that corporate fiduciary duties are owed not to any flesh-and-blood stakeholder, including current shareholders, but rather to a hypothetical permanent investor whose holding period is forever. Like any statement of corporate purpose, this "permanent equity maximization norm" is rooted in an underlying model of the corporation. In this case, the underlying model must be one that sees the corporation as a vehicle uniquely designed for long-term capital allocation and therefore emphasizes the corporation's perpetual existence as the most important attribute for understanding its nature. This interpretation of corporate fiduciary duties--what this Article calls the "neoclassical view"--does a better job than alternatives in explaining various puzzling features of corporate law, including the apparently conflicting focus on shareholder value maximization on the one hand and the reluctance, on the other, to hold corporate fiduciaries who engage in insider trading liable for common law fraud. It also explains the allocation of decision rights in the corporation, including why decision- making power is located in the board but also why shareholders have the right to bring derivative lawsuits and vote on certain matters. Under this view, the shareholder franchise is less about giving voice to shareholders and more about providing a tool the board can use at its choosing to generate information to help it in the difficult task of long-term capital allocation. Perhaps the most important implication stemming from this neoclassical view of corporate fiduciary duty law is that, although a corporation deals in contracts, the corporation itself is not a creature of contract, and corporate law is not necessarily contractarian as a fundamental matter. Rather, the corporation represents a policy decision to create an entity designed for extreme long-term capital allocation without sacrificing a liquid securities market. More generally, this analysis demonstrates that the concern over "short-termism" in the corporation is not simply a passing fancy but rather is deeply embedded in fiduciary duty law and lies at the core of what a corporation is. [ABSTRACT FROM AUTHOR]

Most students of corporation finance dream of a time when corporate administration will be held to a high degree of required responsibility- a responsibility conceived not merely in terms of stockholders' rights, but in terms of economic government satisfying the respective needs of investors, workers, customers, and the aggregated community. [ABSTRACT FROM AUTHOR]

Economic abuse is a form of family violence that severely inhibits victim survivors’ capacities to rebuild their lives. Although its effects are widely felt, it remains a hidden problem. This article contributes to the burgeoning scholarship on economic abuse by investigating its perpetuation through family-owned companies. Victim survivors commonly bear the liability for business failure and phoenix activity as ‘straw’ directors. Recent reforms introduced to deter and penalise illegal phoenix activity have increased the risks for survivors who are coerced or defrauded into becoming directors. The study examines how corporate law and the courts have responded to straw directors in the context of family companies. It interrogates the notion that victim survivors assume responsibility for business decisions voluntarily, as rational economic men with relatively equal bargaining power. This article proposes reforms to disrupt harm from economic abuse through coerced directorships, and to militate against the unintended consequence of recent reforms. [ABSTRACT FROM AUTHOR]

This article explores the problem that both modern private equity (PE) firms, and collateralised loan obligation (CLO) lenders to PE portfolio companies, have incentives to avoid a formal restructuring of PE portfolio companies in financial distress. The author is concerned that this may lead to negative social costs for suppliers, employees, customers and even government agencies. She explores how and why the problem arises, and the ways in which corporate and corporate insolvency law might be able to respond to it. Some suggestions are made, but it is accepted that any solution involves a sensitive balance that needs to be approached with considerable care. [ABSTRACT FROM AUTHOR]

This research aimed to examine the primary regulatory frameworks governing Corporate Social Responsibility (CSR) in Indonesia, encompassing both formal legal statutes and locally devised customary laws within community contexts. Employing a methodology grounded in document analysis and literature review, the study sought to elucidate the underlying disparities between customary and formal legal frameworks concerning CSR, as well as to identify shortcomings within the latter regarding CSR regulation and implementation. Findings revealed significant disparities between national legislation and customary norms, with formal laws exhibiting limited provisions for CSR while local customs exerted stronger influence over philanthropic CSR endeavours. This phenomenon was attributed to the greater resonance of local cultural values, Islamic principles, and ethical norms in shaping CSR practices, thereby overshadowing the applicability of governmental regulations within Indonesian corporate entities. [ABSTRACT FROM AUTHOR]

The main purpose of the legal regulation of groups of companies, i.e. the Groups of Companies Law of Latvia, is to protect rights and legitimate interests of the dependent company, its creditors and minority shareholders. A controlling enterprise is entitled to pursue its own economic interests by exerting the decisive influence on a dependent company. There is no general prohibition for a controlling enterprise to induce the dependent company into entering transactions or carrying out measures that are disadvantageous to the dependent company. Disadvantageous transactions have to be reflected in the yearly dependency report submitted by the board of the dependent company. As a general principle, the controlling enterprise shall compensate the dependent company for losses arising from disadvantageous transactions or undertakings. If a group contract between the controlling enterprise and the dependent company exists, legal representatives (board members) of the controlling company are jointly responsible for the losses of the dependent company. If a group contract has not been concluded and a de facto group of companies exists, the controlling enterprise itself has to compensate for the losses of the dependent company. Besides the controlling enterprise, the legal representatives of this enterprise are jointly responsible. [ABSTRACT FROM AUTHOR]

Copyright of Zeitschrift für Abgaben-, Finanz- und Steuerrecht is the property of Verlag Oesterreich GmbH and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Die Unternehmensbesteuerung (Ubg) is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The debate around the public purpose of the corporation is not a new one. But it has flared up again recently due to widespread critique of deepening socio-economic inequality, corporate inequities regarding gender and race and the seeming inability of governments and businesses alike to adequately address the catastrophic impact of climate change. As the corporation holds a firmly established place in the universe of economic and financial affairs, it – like the markets in which it operates – is is typically depicted as a private affair. Any regulation of the corporation, thus, tends to be critiqued as an unjustified intervention into an economic sphere that should better be left to its own devices. This paper interrogates these claims against the historic evidence of corporate law’ and corporate theory’s trajectories throughout the twentieth century into the present. What this account teaches us is that the designation of ‘corporate purpose’ and our relation to it comes down to political choices. The reputational crisis of the corporation, then, is an opportunity for democratic deliberation and engagement. [ABSTRACT FROM AUTHOR]

Copyright of Europarecht (05312485) is the property of Nomos Verlagsgesellschaft mbH & Co. KG and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista E-mercatoria is the property of Universidad Externado de Colombia, Departamento de Derecho Comercial and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Purpose: The purpose of this study is to provide for critical literature on the legal aspects of corporate governance and their application in Mauritius. The drawbacks of having the principles in the form of a non-binding code are discussed, and a case is made to consider their enshrinement in laws such as the Companies Act 2001 to render them legally enforceable for the good health of companies in Mauritius. Design/methodology/approach: A doctrinal legal methodology has been adopted to assess the effectiveness of the principles of the 2016 Code of Corporate Governance of Mauritius. Legislations, legal texts, case law and regulations are used to conduct this assessment. In addition, a black-letter approach is taken while discussing the enshrinement of the principles in the Companies Act 2001 of Mauritius. The doctrinal methodology is further supported by a qualitative analysis of the principles of corporate governance based on existing legal literature, which emphasises their relevance and importance. Findings: The principles of the 2016 Code of Corporate Governance are no doubt a progress over the former 2004 Code in various aspects, aligning the Code with the requirements of the OECD. However, there are still certain loopholes that have been highlighted. In addition, the extent to which these principles are reflected in the Companies Act, which is the primary legislation for companies, has been found to be lacking and inadequate. Originality/value: This paper is, to the best of the author's knowledge, the first legal literature concerning the Mauritian legal framework on corporate governance. This is relevant because the country has recently experienced corporate collapses, which could arguably have been avoided with the application of the principles of corporate governance. As such, the paper will present a case study that can be used as a reference for future research on the enforceability and justiciability of these principles. [ABSTRACT FROM AUTHOR]

With the rise of sustainable finance, financial products specifically dedicated to supporting the ecological transition have appeared on the market. Nevertheless, given the interest in these new financial products capable of financing the ecological transition, the fundamental question is how to regulate them and prevent the risks of misleading investors through greenwashing behaviour. Using the example of green bonds, a now very popular form of debt security whose proceeds are, in principle, allocated exclusively to the financing of green projects, this article seeks to analyze the various possible regulatory approaches to building confidence in the market and protecting investors more effectively against greenwashing. After examining the main shortcomings of private and public regulatory approaches to green bonds and their possible improvements, the article argues for empowering green bondholders through direct rights of action to protect themselves against greenwashing practices. In this regard, the paper focuses on certain tools in Canadian corporate law and the inclusion of green clauses in green bond documentation as a means of enabling bondholders to more effectively control the behaviour of issuers and seek redress in the event of greenwashing. [ABSTRACT FROM AUTHOR]

In the introductory part of the paper, the most important explanations about the con-cept and nature of digital assets are given, serving as a guide in understanding the titled topic. The subsequent sections focus on some of the challenging practical issues related to it: whether digital assets can be a contribution to a company, can dividend be paid to shareholders in the form of digital assets, and what are the key conditions that companies must meet in order to provide digital asset services. The last lines of the paper summarize the findings and contain the observations on the legal and practical potential of digital assets in the context of compa-nies' business operations, both in current and the times to come. The research is conducted from the perspective of basic group of regulations of the Republic of Serbia, i.e. provisions that are most relevant for the analysis of the aforementioned questions. [ABSTRACT FROM AUTHOR]

The article focuses on reconciling Catholicism with careers in corporate law. It addresses common assumptions that Catholic values and the pursuit of corporate law careers are incompatible, aiming to provide a defense of corporate law from a Catholic perspective. It argues that pursuing such careers can align with Catholic teachings on promoting the common good and human flourishing.

The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring--to use Berle's term--a "public consensus" throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported. The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These include two fundamental problems threatening humanity: inequality and climate change. The traditional response by many corporate law scholars is that these are not corporate law's problems. Blinkered thinking like that was alien to Berle. He grappled with the need for structures ensuring corporate power would be exercised in a manner consistent with the public interest. Berle was pleased that a public consensus had been forged channeling corporate conduct in a direction beneficial to the many. And Berle recognized that corporate power was outgrowing domestic constraints and the extension of New Deal values into the international economy was necessary. Since his lifetime, however, the public consensus Berle championed has eroded. We use five core issues to show that corporate law is not a bystander but a contributor to that erosion and to some of humanity's deepest problems: • the powerlessness of workers in comparison to institutional investors and the corrosive effects of this imbalance on inequality, fairness, and social stability; • the realities of corporate externalities such as climate change and their implications for the residual claimant concept and corporate accountability; • facilitation of tax avoidance via corporate law, thus undermining the governmental capacity to address issues like climate change, poverty, and consumer harm; • the mismatch between the capacity and reach of the regulatory structures and social consensus that constrains corporate power and the scope of the markets in which corporations exert power; and • the tolerance of corporate law for the unconstrained use of corporate power for political purposes, and its negative effect on the ability of government to implement stakeholder-protective policies. We confront these issues by identifying elements of countervailing policy to reshape a consensus supportive of stakeholder governance and New Deal capitalism. For corporate law to be a force for good, and not facilitate environmental harm and economic unfairness, it must stop pretending that core issues are solely for other bodies of law to address. If we don't channel corporate power in a fair and sustainable direction, our descendants will be the residual claimants of our excesses and inequities. [ABSTRACT FROM AUTHOR]