International Corporate Law and Financial Market Regulation

International Corporate Law and Financial Market Regulation

Kershaw, David (London School of Economics and Political Science)

Cambridge University Press

08/2018

545

Dura

Inglês

9781107092334

15 a 20 dias

Designed to enhance our understanding of the development of contemporary corporate fiduciary law. This book explores the foundations of the ideas and concepts that structure modern corporate fiduciary law and explains the drivers of the diverging approaches taken in the US and UK.
Introduction: corporate legal ideas; Part I. Business Judgment and the Idea of Honesty in the Exercise of Delegated Power: 1. Business judgments: origins; 2. Business judgments in UK corporate law; 3. The foundations of the business judgement rule in the United States; 4. The structural dissonance of Delaware's business judgment rule; Part II. The Duty of Care and the Ideas of Reward and Undertaking: 5. Origins: between laxity and terror in bailment and trusts law; 6. The origins of the director's duty of care in the United States; 7. The Delaware duty of care: fragments of jurisprudence; 8. The duty of care in the United Kingdom: in the shadow of gross negligence; Part III. Self-Dealing and the Idea of the Corporation: 9. Conceptions of the corporation; 10. The United Kingdom: contracting out of the common law; 11. The United States: the paths to fairness review; Part IV. Connected Assets and the Idea of Property: 12. Connected assets law in the United Kingdom: the property institution; 13. The modern UK approach and the disappearance of property; 14. Connected assets law in the United States: between property and prescription; 15. Explaining divergent evolution in connected assets law.
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