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Friday, February 15, 2013

Corporate Governanace

As I begin teaching about boards of directors and their fiduciary duties, I have begun to wonder if there should be whatsoever corporal governance changes in rejoinder to the current crisis. 
On the one hand, a corporate governance response may not be advisable or appropriate, at to the lowest degree not right now.  Indeed, given the federal government?s efforts to craft some responsive legislation, it may not be appropriate to consider corporate efforts unless and until the federal effort does not pan out and/or we have sufficient eon to analyze the uphold of that effort.  Also, it could be that both the type of issues twisty and the far-reaching impact of the crisis require a federal response.  Moreover, it could be that the crisis?at least(prenominal) at its core?does not stem from all significant corporate governance failures and hence does not involve any significant corporate governance solutions.  From this perspective, there should be no corporate governance response because such response could not hope to have any appreciable impact on the problem--and perhaps would just be viewed as stack on.
On the other hand, it is not clear what a corporate governance response would encompass.

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  To be sure, the federal response (at least the current version) includes at least some focus on decision maker payment, suggesting that perhaps there should be some redundant corporate law focus on the executive compensation problem.  Indeed, J. Robert Brown at TheRacetotheBottom.org argues that the crisis should prompt courts to more closely size up executive compensation, and therefore apply a duty of homage analysis to such compensation decisions.  It is certainly possible that the federal governments actions on this issue could prompt courts, particularly Delaware courts, to assess executive compensation issues more stringently (at least in the myopic term), presumably in order to prevent further irreverence into state corporate law matters.  Of course, despite its apparent...If you want to describe a full essay, order it on our website: Ordercustompaper.com



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