Corporate Reorganization Law and Forces of Change

Corporate Reorganization Law and Forces of Change
Author: Sarah Paterson
Publisher: Oxford University Press
Total Pages: 304
Release: 2020-10-23
Genre: Law
ISBN: 0192604201

Corporate Reorganisation Law argues that corporate reorganisation law is seen by market participants as a tool they can mobilise and adapt according to practices, logics, and identities in the of the financial and non-financial corporate markets. Thus changes in market practice, in the participants in the process, or in how the participants view their objectives, can significantly change the ways in which corporate reorganisation law is mobilised and adapted, even if the law has not undergone any reform. This book argues that corporate reorganisation law cannot be evaluated using a theoretical model in isolation from the wider institutional context in which corporate reorganisation law is mobilised and adapted by the participants to the process. In establishing the new methodology, the book undertakes a detailed analysis of six key changes in market practice, logic and identities in the financial and non-financial corporate fields. A comparative US/UK approach is adopted in analysing both the process of institutional change and the implications for law. This provides a fascinating lens through which to see how different institutional environments in the financial and non-financial markets in different jurisdictions are drawing together, and interacting with very different legal systems which were adapted to the distinct, original institutional environments in which they were developed. From this analysis important lessons for legal harmonisation efforts in Europe and in non-European jurisdictions are drawn out. The work emphasises the need to look at formal legal rules in combination with other, non-legal and legal institutions and argues that current reform debates in both the US and UK have suffered because scholars, practitioners, and policy makers have not started their evaluation of the case for reform by placing corporate reorganisation law in this wider institutional context. The book aims to fill this gap, and to provide a methodological approach for the future.

Corporate Reorganisation Law and Forces of Change

Corporate Reorganisation Law and Forces of Change
Author: Sarah Paterson
Publisher: Oxford University Press
Total Pages: 321
Release: 2020-10-23
Genre: Law
ISBN: 019260421X

Corporate Reorganisation Law argues that corporate reorganisation law is seen by market participants as a tool they can mobilise and adapt according to practices, logics, and identities in the of the financial and non-financial corporate markets. Thus changes in market practice, in the participants in the process, or in how the participants view their objectives, can significantly change the ways in which corporate reorganisation law is mobilised and adapted, even if the law has not undergone any reform. This book argues that corporate reorganisation law cannot be evaluated using a theoretical model in isolation from the wider institutional context in which corporate reorganisation law is mobilised and adapted by the participants to the process. In establishing the new methodology, the book undertakes a detailed analysis of six key changes in market practice, logic and identities in the financial and non-financial corporate fields. A comparative US/UK approach is adopted in analysing both the process of institutional change and the implications for law. This provides a fascinating lens through which to see how different institutional environments in the financial and non-financial markets in different jurisdictions are drawing together, and interacting with very different legal systems which were adapted to the distinct, original institutional environments in which they were developed. From this analysis important lessons for legal harmonisation efforts in Europe and in non-European jurisdictions are drawn out. The work emphasises the need to look at formal legal rules in combination with other, non-legal and legal institutions and argues that current reform debates in both the US and UK have suffered because scholars, practitioners, and policy makers have not started their evaluation of the case for reform by placing corporate reorganisation law in this wider institutional context. The book aims to fill this gap, and to provide a methodological approach for the future.

Corporate Reorganisation Law and Forces of Change

Corporate Reorganisation Law and Forces of Change
Author: Sarah Paterson
Publisher: Oxford University Press, USA
Total Pages: 321
Release: 2020-09-18
Genre: Law
ISBN: 0198860366

This book sets out a new approach to identifying and resolving corporate law's normative concerns, establishing new methodology through detailed analysis of key changes in market practice. Paterson adopts a comparative UK/US approach in analysing the process of institutional change, providing important lessons for global legal harmonisation.

Research Handbook on Corporate Restructuring

Research Handbook on Corporate Restructuring
Author: Omar, Paul J.
Publisher: Edward Elgar Publishing
Total Pages: 584
Release: 2021-08-27
Genre: Law
ISBN: 1786437473

This timely Research Handbook examines the increasingly economically vital topic of corporate restructuring. Reflecting a shift in the global approach to insolvency towards a focus on rescuing viable businesses rather than liquidation, chapters consider all areas of the law closely connected to corporate insolvency, rehabilitation and rescue, as well as the introduction of the EU Preventive Restructuring Directive and other reforms from around the world.

Unchecked Corporate Power

Unchecked Corporate Power
Author: Gregg Barak
Publisher: Routledge
Total Pages: 304
Release: 2017-02-03
Genre: Business & Economics
ISBN: 1317360524

Why are crimes of the suite punished more leniently than crimes of the street? When police killings of citizens go unpunished, political torture is sanctioned by the state, and the financial frauds of Wall Street traders remain unprosecuted, nothing succeeds with such regularity as the active failures of national states to obstruct the crimes of the powerful. Written from the perspective of global sustainability and as an unflinching and unforgiving exposé of the full range of the crimes of the powerful, Unchecked Corporate Power reveals how legalized authorities and political institutions charged with the duty of protecting citizens from law-breaking and injurious activities have increasingly become enablers and colluders with the very enterprises they are obliged to regulate. Here, Gregg Barak explains why the United States and other countries are duplicitous in their harsh reactions to street crimes in comparison to the significantly more harmful and far-reaching crimes of the powerful, and why the crimes of the powerful are treated as beyond incrimination. What happens to nations that surrender ever-growing economic and political power to the globally super rich and the mammoth multinational corporations they control? And what can people from around the world do to resist the criminality and victimization perpetrated by multinationals, and generated by the prevailing global political economy? Barak examines an array of multinational crimes—corporate, environmental, financial, and state—and their state-legal responses, and outlines policies and strategies for revolutionizing these contradictory relations of capital reproduction, criminality, and unsustainability.

Leading Change

Leading Change
Author: John P. Kotter
Publisher: Harvard Business Press
Total Pages: 210
Release: 2012
Genre: Business & Economics
ISBN: 1422186431

From the ill-fated dot-com bubble to unprecedented merger and acquisition activity to scandal, greed, and, ultimately, recession -- we've learned that widespread and difficult change is no longer the exception. By outlining the process organizations have used to achieve transformational goals and by identifying where and how even top performers derail during the change process, Kotter provides a practical resource for leaders and managers charged with making change initiatives work.

Courting Failure

Courting Failure
Author: Lynn LoPucki
Publisher: University of Michigan Press
Total Pages: 335
Release: 2006-02-14
Genre: Business & Economics
ISBN: 0472031708

An eye-opening account of the widespread and systematic decay of America's bankruptcy courts

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Managing in the Corporate Interest

Managing in the Corporate Interest
Author: Vicki Smith
Publisher: Univ of California Press
Total Pages: 256
Release: 2023-04-28
Genre: Social Science
ISBN: 0520309766

In the 1980s, corporate America experienced massive cutbacks and organizational decline after decades of economic growth and dominance. The institutional and ideological changes that were part of the transformation created a new landscape of work and social relations for corporate middle managers. Managing in the Corporate Interest assesses this landscape by examining a large diversified bank that restructured its organizational and personnel policies to meet a new era of corporate competition. Drawing on interviews with managers and personnel management employees, observation of management training seminars, and documentary sources, this book examines the unique mission handed to middle managers to scale back paternalistic employment policies. It also analyzes the intra-management conflict incurred when corporate top managers attempted to disguise their downsizing strategies and refused to acknowledge their own role in creating the bank’s economic crisis. Vicki Smith's work suggests that quick-fix strategies such as downsizing and cutbacks, which dominated corporate profitability strategies in the 1980s, can corrode trust and legitimacy in the workplace. In the long run, such strategies also undermine consent to the current and very necessary transformation of the way American firms do business. Managing in the Corporate Interest contains important lessons about the rise and decline of economic enterprises and provides a wide-ranging look at changes in the management, structure, and production processes of American corporations. Richly documented and accessibly written, this incisive work will appeal to business people and scholars alike. This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1990.