Feminist Judgments: Corporate Law Rewritten

Feminist Judgments: Corporate Law Rewritten

Link to Full Text

Download Full Text

Description

Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

Table of Contents

Advisory Panel for Feminist Judgments: Corporate Law Rewritten
Notes on Contributors
Acknowledgments
About the Cover Art
Table of Cases

Part I Introduction and Overview

1 Introduction to the Feminist Judgments: Corporate Law Rewritten Project Anne M. Choike, Usha R. Rodrigues, and Kelli Alces Williams

Part II Legal Personality, Identity, and Limited Liability of Corporate Entities

2 Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) Commentary: Amy Sepinwall; Judgment: Carliss Chatman

3 Walkovszky v. Carlton, 223 N.E.2d 6 (N.Y. 1966)

Commentary: Janis Sarra and Cheryl Wade; Judgment: Poonam Puri and Ankita Gupta

Part III Role and Purpose of the Corporation and Corporate Combinations in Society

4 Dodge v. Ford Motor Company, 170 N.W. 668 (Mich. 1919)

Commentary: Jena Martin; Judgment: Barnali Choudhury

5 Merriam v. Demoulas Super Mkts., 985 N.E.2d 388 (Mass. 2013)

Commentary: Sunitha Malepati; Judgment: Alicia E. Plerhoples

6Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986)

Commentary: Afra Afsharipour; Judgment: Christina Sautter

7 Agreement between Harvey Weinstein and The Weinstein Company Holdings LLC, as of October 20, 2015

Commentary: Alexandra Andhov; Contract: Susan Chesler

Part IV Fiduciary Duties in Corporate Governance

8 Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928)

Commentary: Christine Hurt; Judgment: Dalia Tsuk Mitchell

9 Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985)

Commentary: Virginia Harper Ho; Judgment: Lua Kamál Yuille

10 White v. Panic, 783 A.2d 543 (Del. 2001)

Commentary: Kellye Testy; Judgment: Sarah Haan

11 Francis v. United Jersey Bank, 432 A.2d 814 (N.J. 1981)

Commentary: Faith Stevelman; Judgment: Jonathan W. Smith

12 In re The Walt Disney Co. Derivative Litigation, 906 A.2d 27 (Del. 2006)

Commentary: Laura Rosenbury; Judgment: Hillary Sale

Part V Closely Held Businesses and Other Considerations Regarding the Composition of Boards, Management, and Owners

13 Ringling Bros-Barnum & Bailey Combined Shows, Inc. v. Ringling, 53 A.2d 441 (Del. 1947)

Commentary: Gabriel Rauterberg; Judgment: Benjamin Means

14 Donahue v. Rodd Electrotype, 328 N.E.2d 505 (Mass. 1975)

Commentary: Jessica Kiser; Judgment: Cindy Schipani

Part VI Protecting Investors and Potential Investors in Corporations

15 SEC v. W. J. Howey Co. et al., 328 U.S. 293 (1946)

Commentary: Kristin Johnson and Carla Reyes; Judgment: Theresa Gabaldon

16 U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991)

Commentary: Donna M. Nagy; Judgment: Karen Woody

Part VII From Foundations to Future Directions

17 The Importance of Incorporating Feminist Perspectives in Corporate Law: Analyzing the Foundations and Future Directions of Feminist and Feminist-Inspired Corporate Law Scholarship

Anne M. Choike, Martha Albertson Fineman, and Cheryl Wade

Index

ISBN

9781009025010

Publication Date

1-15-2023

Publisher

Cambridge University Press

City

Cambridge, U.K.

Keywords

Feminism, Corporate Law, Socio-Legal Studies, US Law, American Government, Politics and Policy, Law

Disciplines

Business Organizations Law

Feminist Judgments: Corporate Law Rewritten

Share

COinS