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Author: John Cioffi Publisher: Cornell University Press ISBN: 0801460328 Category : Political Science Languages : en Pages : 302
Book Description
In Public Law and Private Power, John W. Cioffi argues that the highly politicized reform of corporate governance law has reshaped power relations within the public corporation in favor of financial interests, contributed to the profound crises of contemporary capitalism, and eroded its political foundations. Analyzing the origins of pro-shareholder and pro-financial market reforms in the United States and Germany during the past two decades, Cioffi unravels a double paradox: the expansion of law and the regulatory state at the core of the financially driven neoliberal economic model and the surprising role of Center Left parties in championing the interests of shareholders and the financial sector. Since the early 1990s, changes in law to alter the structure of the corporation and financial markets—two institutional pillars of modern capitalism—highlight the contentious regulatory politics that reshaped the legal architecture of national corporate governance regimes and thus the distribution of power and wealth among managers, investors, and labor. Center Left parties embraced reforms that strengthened shareholder rights as part of a strategy to cultivate the support of the financial sector, promote market-driven firm-level economic adjustment, and appeal to popular outrage over recurrent corporate financial scandals. The reforms played a role in fostering an increasingly unstable financially driven economic order; their implication in the global financial crisis in turn poses a threat to center-left parties and the legitimacy of contemporary finance capitalism.
Author: A. Claire Cutler Publisher: Cambridge University Press ISBN: 9780521533973 Category : Law Languages : en Pages : 332
Book Description
Transnational merchant law, which is mistakenly regarded in purely technical and apolitical terms, is a central mediator of domestic and global political/legal orders. By engaging with literature in international law, international relations and international political economy, the author develops the conceptual and theoretical foundations for analyzing the political significance of international economic law. In doing so, she illustrates the private nature of the interests that this evolving legal order has served over time. The book makes a sustained and comprehensive analysis of transnational merchant law and offers a radical critique of global capitalism.
Author: Hendrik Hartog Publisher: ISBN: Category : Law Languages : en Pages : 296
Book Description
Using New York City's institutional history as a case study, Hendrik Hartog argues that the emergence of modern local government law was made possible by a deep transformation of political values. During the century and a half covered by this study, New York City changed from a largely autonomous corporate government shaped primarily by its property holdings to a public municipal corporation under the direct authority of the state legislature. By the early nineteenth century, a corporation that had once governed through is personal, private estate had become one dedicated to using legislatively delegated power to provide goods and services for the expanding city. This book combines doctrinal analysis with detailed pictures of changing governmental practices, ranging from the laying out of streets and port facilities to the regulation of cemeteries and pigs. These pictures reveal the complex and only partially articulated choices made by city and state officials which directed New York City's transformation into an agency of a centralized state, the model of a modern municipal corporation. To an extent, the story told is one of separation and loss. Hartog describes our separation from a legal world of local autonomy where property rights legitimized community self-determination, where a city corporation might possess its government as well as its real estate. Yet the story is also about the creativity and ingenuity with which the new urban legal order imposed their radical and animating view that public power existed to improve the material lives of Americans. Based on extensive research in the New York City archives and minutes of the Common Council, as well as the many court cases that ultimately determined New York's status as a city corporation, Public Property and Private Power will be of interest to legal historians, urbanists, and those interested in the development of New York City.
Author: Bruno Aguilera-Barchet Publisher: Springer ISBN: 331911803X Category : Law Languages : en Pages : 775
Book Description
The book outlines the historical development of Public Law and the state from ancient times to the modern day, offering an account of relevant events in parallel with a general historical background, establishing and explaining the relationships between political, religious, and economic events.
Author: Nicholas Bamforth Publisher: Bloomsbury Publishing ISBN: 184731323X Category : Law Languages : en Pages : 446
Book Description
How is the distribution of power between the different levels of the contemporary constitution to be policed? What is the emerging contribution of the courts in regard to EC law,the Human Rights Act 1998 and devolution? What roles should be played by the legislative and judicial bodies at each level? Who should have access to the courts in public law disputes, and on what grounds should the courts regulate the exercise of public power? Can a coherent distinction be maintained between public and private law? These essays by leading public law scholars explore the allocation and regulation of public power in the United Kingdom. At the beginning of the twenty first century it appears that the traditional Diceyan model of a unitary constitution has been superseded as power has come to be distributed - particularly in the post-1997 period - between institutions at European, national, devolved and local level. Furthermore, the courts have come to play a powerful role at all levels through judicial review, while forms of regulation and contracting, together with other informal techniques of governance, have emerged. The contemporary constitution can be characterised as involving a multi-layered distribution of power - a situation which raises many key questions about the role of public law. The essays in this important collection tackle such questions from a variety of perspectives, aiming between them to provide a dynamic picture of the role of public law in the contemporary, multi-layered constitution.
Author: Kit Barker Publisher: Bloomsbury Publishing ISBN: 1509906002 Category : Law Languages : en Pages : 508
Book Description
The aim of this edited collection of essays is to examine the relationship between private law and power – both the public power of the state and the 'private' power of institutions and individuals. It describes and critically assesses the way that private law doctrines, institutions, processes and rules express, moderate, facilitate and control relationships of power. The various chapters of this work examine the dynamics of the relationship between private law and power from a number of different perspectives – historical, theoretical, doctrinal and comparative. They have been commissioned from leading experts in the field of private law, from several different Commonwealth Jurisdictions (Australia, the UK, Canada and New Zealand), each with expertise in the particular sphere of their contribution. They aim to illuminate the past and assist in resolving some contemporary, difficult legal issues relating to the shape, scope and content of private law and its difficult relationship with power.
Author: Dawn Oliver Publisher: Cambridge University Press ISBN: 9780406983039 Category : Business & Economics Languages : en Pages : 356
Book Description
This text is a study of the public/private law divide in the common law tradition. Its starting point is that substantive duties of legality, fairness and rationality are imposed by the common law on bodies discharging public functions, but not always on bodies discharging 'private' functions.
Author: Susan K. Sell
Author: Susan K. Sell
Author: Hendrik Hartog
Author: John Cioffi
Author: A. Claire Cutler
Author: Hendrik Hartog
Author: Bruno Aguilera-Barchet
Author: Nicholas Bamforth
Author: Kit Barker
Author: Dawn Oliver
Author: Ellen Condliffe Lagemann