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Anonymous: The Law of Corporations

The Law of Corporations

An American History

Child Protection

The first history of US federal law enforcement from the nation's founding to the creation of the Justice Department in 1870, showing how federal prosecutions have always been shaped by local institutions and interests. The public imagines the Department of Justice and its agencies as mighty juggernauts. The reality is strikingly different. The FBI is barely larger than the Chicago Police Department, federal courts handle far fewer cases than state courts do, and federal prosecutors rely heavily on state and municipal authorities. The feds cannot function without local support, which means that the projects on which DOJ intervention is most needed-the ones that local communities oppose or don't care about-are also those least likely to succeed. This is no accident. Fragile Authority shows that this weakness is built into the structure of federal enforcement. To understand why, Daniel Richman traces the present-day workings of the DOJ all the way back to the nation's founding. The system was so circumscribed at the start that districts went years without a single conviction; enforcement efforts were often just performances of sovereignty for foreign audiences. And while a stronger enforcement apparatus emerged from the 1850 Fugitive Slave Act, its protection of Black civil rights during Reconstruction lasted only a few years before the federal retreat. After its creation in 1870, the Justice Department concealed its limitations by turning the agendas of local police-such as prosecuting gangsters, car thefts, and prostitution-into ostensibly national priorities. For better and for worse, federal law enforcement missions without local buy-in remain rare and difficult to sustain. The resistance to President Trump's immigration enforcement surge in sanctuary jurisdictions showed yet again that this norm is not easily broken.

Federal Justice Before the Justice Department

Fragile Authority

Mission Lead Olivia O'Connor and her team from the Artemis Corporation, along with their military liaison, are in the final preparations for an undertaking that will alter the course of human history: a test flight that promises to open up new frontiers in the expanse of the universe. But their journey between dimensions is one they never trained for. Strange voices in the corridors. Long lost faces not forgotten. Strange symbols carved into the hull. And gathering outside the ship, ancient forces beyond reckoning. The crew will need all their skills to survive and uncover the twisted truth behind their mission. Commencing countdown...

Crawlspace

Literatures, Cultures, Translation

Interpreting The Amistad Trials traces the signal importance of interpreters and translators in the famous 19th-century Amistad case and discusses how race, ethnicity, slavery, and colonialism shaped this story. From the recruitment process to the various oral to sign languages that mediated linguistically in the Africans' life inside and outside the courtroom, and from evidentiary documents to fraudulent translations to credible testimonies, Jeanette Zaragoza-De León demonstrates the crucial importance of translation and interpretation in the Amistad plot and outcome. De León examines handwritten letters, pamphlets, newspapers, and judicial files, and adopts a critical race theory and postcolonial lens to analyze these materials. Although these critical interpretations and translations travelled transatlantically via Europe, Africa, the Caribbean, and the United States, De León highlights the common thread which also geographically unites Venezuela, Puerto Rico, and the Dominican Republic as part of the Amistad story. One of the most comprehensive studies of recorded events in the history of interpretation and translation in the Americas, Interpreting The Amistad Trials is a valuable resource for researchers studying coloniality, enslavement, race and ethnic studies and examining how these issues mattered then and now.

How Interpreters and Translators Make and Shape History

Interpreting the Amistad Trials

Hart Studies in Commercial and Financial Law

This book provides a commentary on the Markets in Crypto-Assets Regulation (MiCAR), a game-changing EU regulation for crypto-assets and crypto-asset services. Directly applicable in all EU Member States, MiCAR serves as a benchmark for future regulation in other jurisdictions, influencing rulemaking and crypto industry around the world. In this book, leading experts in the fields of financial law, regulation and technology examine the goals, rules and operation of MiCAR. The book explores its provisions in the broader context of current market practices, technological developments, existing financial law instruments (eg MiFID II, Prospectus Regulation, Crowdfunding Regulation and Market Abuse Regulation), court cases (eg the bankruptcies of FTX and Celsius), regulatory initiatives in the USA and the UK, as well as soft law instruments. The book is designed for anyone dealing with crypto-assets or considering entering the crypto space. This includes representatives from legal and business communities, both incumbent (banks, investment firms, investment funds) and new market players (crypto exchanges, wallet service providers, issuers of stablecoins), supervisory authorities, students and academics. The reader will gain a deep understanding of the scope and structure of MiCAR, key terms used in it, its rationale, and the main rules for issuers of crypto-assets, crypto-asset service providers and crypto-asset services.

Law and Technology

Markets in Crypto-Assets Regulation

The Failure of Diplomacy

Instruments of Peacemaking 1918-1941

The Princeton Economic History of the Western World

Eurasian Trade and the Rise of the Business Corporation, 1400–1700

Going the Distance

The work examines the paradigm shift in the substantive test of EU merger control from a form-based dominance test to the effects-based SIEC test and analyses the resulting increase in information requirements. Its central thesis is that the "more economic approach" creates tension with the European Commission's administrative 
 ex ante
 control, as complex economic forecasts must be made under conditions of uncertainty and information asymmetry.
 

 Methodologically, the study draws on law-and-economics considerations, particularly regarding the steering of information requirements and the allocation of error costs. It shows that information deficits can be addressed through various control mechanisms: the design of substantive rules (rules vs. standards), the authority's generation of knowledge in proceedings, the scope of judicial review, and the determination of standards and burdens of proof. At the same time, it becomes clear that the shift to the SIEC test increases substantive accuracy but also entails significant administrative costs and uncertainties. The Commission's extensive investigative practice and the case law of the EU courts on standards and burdens of proof are assessed critically.
 

 The study further demonstrates that the steering of information requirements is subject to legal limits. In particular, the principle of proportionality, the requirement of expedition, and the parties' rights of defence impose normative constraints on the authority's collection and processing of information.

Das Spannungsverhältnis zwischen dem more economic approach und der administrativen ex ante-Kontrolle der FKVO

Wissensgenerierung in der Fusionskontrolle

The surprising story of how corporate scandals - from Enron to the Facebook privacy scandal - change the way the world works for the better. Pepper Culpepper and Taeku Lee draw on a decade of research on policymaking and public opinion to show us how scandals can ignite a public with few political outlets for their discontent. Scandals don't simply dominate news cycles: they can provoke us to demand better policy, spurring governments to adopt rules that protect us from massive corporations run amok. Today it is giant companies, not governments, who run the world. They launch rockets into space, control satellite communication and develop era-defining AI technologies. But around the globe, these corporate titans are facing increasing public hostility. Tech giants are seen as promoting misinformation, undermining democracy and violating our privacy. Big banks, reeling since the financial crisis of 2008, continue to be racked with major scandals. Drawing on real-life examples such as the VW scandal in Germany, the Goldman Sachs scandal in the United States and Samsung in South Korea - the authors show that these scandals are not just symptoms of a careless corporate elite, they are opportunities for real political change. Pepper Culpepper and Taeku Lee reveal how the shared anger of citizens can be channelled into a backlash that has the potential to reinvigorate our failing democracies. One corporate scandal at a time.

The Age of Corporate Scandal and How it Could Save Democracy

Billionaire Backlash

This is a study of elite English men of English law and the methods they used to retain and justify their power and privilege, through controlling the story of the legal person. It looks at how these men of legal authority thought of themselves and their institution; how they studied and explained law; and how they put themselves in the middle of it, as the standard human in need of legal regulation and protection and in charge of that regulation and protection, and assigned to women an inferior legal role and being. The main strategy used to do all this was manipulation of the concept of 'the legal person'. From the 1860s to the 1920s the courts declared that women were not 'persons' who could exercise public power - to vote, to sit in Parliament, to gain degrees, to be lawyers. Up to the end of the 20th century, and into the 21st, women's personhood remained precarious in the private sphere, for rape was excused within a marriage and female reproduction remained under state control (as it still does). The book examines the active exclusion of women from the means of making legal meaning, especially the ability to shape law's central concept and shows the epistemological effects of this sex differential of legal power which are still felt today. Leading legal thinkers who helped to masculinise the concept of the person, to the detriment of women, are still revered. Law's continuing male orientation is neither seen nor acknowledged and the legal person is treated (falsely) as if he had always been and remains anyone.

Why the Legal Person Remains a Man

Manning the Law

Landmark Cases

This book presents the landmark cases in company law which have shaped and defined the field and is written by leading experts in the field.

Part of the market-leading Landmark Cases series, this book brings together leading experts in company law to analyse the the landmark cases in company law which have shaped and defined the field. Drawing on a range of diverse methods and a multi-disciplinary orientation, the book explains the past, present, and future of company law as well as its shape, structure, and trajectory. Company law is now understood to be a creature of statute law. The Companies Act of 2006 is a monumental piece of legislative work. Cases, however, played a central role in creating, establishing, and influencing legal ideas that were later enshrined within pieces of legislation. To identify the landmark cases in company law, the book develops an original, democratic, and objective method. It undertakes a citation analysis of cases used by 5 leading English company law textbooks. Highly cited cases are widely understood to be central to the company law curriculum. Once these cases have been identified, they are examined by leading scholars in company law. The analysis that follows sheds some much needed light on how, why, and when historic rules came into being. This contextual analysis is missing from the original law reports as well as the legislation that we see in operation today. It follows that these novel accounts of the roots of company law push beyond a simplistic narration of the case and proffer a new explanation for why legal rules took the shape that they did. Other archaeological studies also provide a fresh account of the case. Such an excavation informs the reader about legal advisors or the parties in the suit to explain why the litigation arose in this particular way, manner, or form.

Landmark Cases in Company Law

This book analyses recent developments in English corporate restructuring law from a range of comparative and theoretical perspectives, exploring some of the most difficult aspects of the design of domestic restructuring laws and their application in cross-border cases. Recent reforms to English law took place against the backdrop of corporate restructuring law reform initiatives in Europe and in many other regions of the world. These reforms reflect an emerging consensus as to the importance of such laws, both as a complement to macroeconomic stabilisation tools in times of extraordinary crisis, and as a determinant of investment conditions in more ordinary times. But it is one thing to recognise the importance of such laws in the abstract, and quite another to work out precisely how corporate restructuring rules should be designed. This book explores some of the most complex aspects of designing such rules. It does so through the close analysis of the changes made by the enactment of the Corporate Insolvency and Governance Act 2020 (UK), and the interpretation of the new statutory provisions by the courts. Authors also draw on examples from other jurisdictions to analyse choices made in the UK, and in some cases offer separate evaluation of restructuring law reform processes outside the UK, including in select jurisdictions in the EU and in Africa, and in the US. By drawing on experiences in other jurisdictions, the book casts new light on recent developments in English law, suggesting many avenues for further research and a range of implications for policymakers. An introductory chapter by the editors introducing the landmark 2020 reforms provides a detailed synopsis of each chapter of the book, drawing out connections between them, and articulates some themes that run through the chapters that are salient for policymakers.

Corporate Restructuring Law in Flux

The Law of Corporations

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