Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is "the church," and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how "the church" as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group-whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby-over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the "church-shaped space" in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.

The typical British publicly traded company has widely dispersed share ownership and is run by professionally trained managers who collectively own an insufficiently large percentage of shares to dictate the outcome when shareholders vote. This separation of ownership and control has not only dictated the tenor of corporate governance debate in Britain but serves to distinguish the UK from most other countries. Existing theories fail to account adequately for arrangements in the UK. Corporate Ownership and Control accordingly seeks to explain why ownership became divorced from control in major British companies.
The book is organized by reference to the 'sell side', which encompasses the factors that might prompt those owning large blocks of shares to exit or accept dilution of their stake, and the 'buy side', which involves factors that motivate investors to buy equities and deter the new shareholders from themselves exercising control. The book's approach is strongly historical in orientation, as it examines how matters evolved from the 17th century right through to today. While a modern-style divorce of ownership and control can be traced back at least as far as mid-19th century railways, the 'outsider/arms-length' system of ownership and control that currently characterizes British corporate governance did not crystallize until the middle of the 20th century. The book brings the story right up to date by showing current arrangements are likely to be durable. Correspondingly, the insights the book offers should remain salient for some time to come.

Providing a comprehensive framework for a sustainable governance model, and how to leverage it in competing global markets, "Governance, Risk, and Compliance Handbook" presents a readable overview to the political, regulatory, technical, process, and people considerations in complying with an ever more demanding regulatory environment and achievement of good corporate governance. Offering an international overview, this book features contributions from sixty-four industry experts from fifteen countries.

Auf der Grundlage einer rechtsvergleichenden Untersuchung der Gesellschaftsrechtsordnungen der wirtschaftlich wichtigsten EG-Mitgliedstaaten Frankreich, GroAbritannien und Deutschland beschAftigt sich die vorliegende Arbeit mit der Frage, inwiefern "spezielles Gesellschaftsrecht fA1/4r bArsennotierte Aktiengesellschaften in den EG-Mitgliedstaaten" geschaffen worden ist und was die sinnvollen Inhalte eines derartigen - eventuell noch zu schaffenden - speziellen Gesellschaftsrechts sind.

Wilhelm, Law of Companies, covers many legal areas that have undergone intense reform over the last few years. Following an introduction to the system of the law of companies and the history of the stock corporation (AG -Aktiengesellschaft) and the limited liability company (GmbH-Gesellschaft mit beschrAnkter Haftung), the "neighboring" areas of national capital market regulation and the European aspects are introduced. The next chapters are dedicated to the laws pertaining to the formation of a company and the problems of capitalization, which are essential to the understanding and system of the German law of companies. The following sections describe corporate actions and the appointment of members, the legal relationship in the corporation, the organization of corporations in respect to affiliated groups, and accounting. The second to last chapter introduces the reader to the legal form of the partnership limited by shares (KGaA- Kommanditgesellschaft auf Aktien). The final chapter offers a look into the termination or transformation of a corporation.

In honor of his retirement from the Max-Planck-Institute for Comparative and International Private Law in Hamburg, this commemorative publication is dedicated by his students to one of the worldwide leading experts on commercial law and author of many significant pieces of work, especially in the fields of trade, corporate and banking law.

This new Blackstone's Guide provides the complete text of the Companies Act 2006, together with a clear explanation of the legislation and its impact. The Companies Act is a major piece of legislation - comprising 1300 sections and 16 schedules. It represents an attempt to reform company law for the 21st century in accordance with the Government's stated objectives of encouraging small companies, promoting shareholder involvement and fostering a long term investment culture. It puts whole areas of company law which are the product of the common law such as directors' duties and derivative actions on a statutory basis for the first time, and implements EU Directives on Takeovers and Transparency Obligations. The 2006 Act almost completely consolidates companies legislation in one place with only a few minor provisions remaining in the 1985 Act. This Guide provides a clear analysis of the new legislation, explaining both its genesis and likely effect. The authors adopt a topic-based approach, focussing on the most important changes and developments for both private and public companies. The Blackstone's Guide Series delivers concise and accessible books covering the latest legislative changes and amendments. Published soon after enactment, they offer timely and expert commentary on the meaning and effects of the legislation, plus a copy of the Act itself. The Guides are a cost-effective solution to key information needs and are the perfect companion for any practitioner needing to get up to speed with the latest changes.

Lode Walgrave has made a highly significant contribution to the worldwide development of the restorative justice movement over the last two decades. This book represents the culmination of his vision for restorative justice. Coming to the subject from a juvenile justice background he initially saw restorative justice as a means of escaping the rehabilitation-punishment dilemma, and as the basis for a more constructive judicial response to youth crime that had been the case hitherto. Over time his conception of restorative justice moved in the direction of focusing on repairing harm and suffering rather than ensuring that the youthful offender met with a 'just' response, and encompassing the notion that restorative justice was not so much about a justice system promoting restoration, more a matter of doing justice through restoration. This book develops Lode Walgrave's conception of restorative justice further, incorporating a number of key elements. * a clearly outcome-based definition of restorative justice * acceptance of the need to use judicial coercion to impose sanctions as part of the reparative process * presenting restorative justice as a fully fledged alternative to the punitive apriorism * development of a more sophisticated concept of the relationship between restorative justice and the law, and acceptance of the need for legal regulation * a consideration of the expansion of a restorative justice philosophy into other areas of social life and the threats and opportunities this provides * a consideration of the implications of the expansion of restorative justice for the discipline of criminology and democracy

Veiled Power conducts a thorough historical study of the relationship between international law and business corporations. It chronicles the emergence of the contemporary legal architecture for corporations in international law between 1886 and 1981. Doreen Lustig traces the relationship between two legal 'veils': the sovereign veil of the state and the corporate veil of the company. The interplay between these two veils constitutes the conceptual framework this book offers for the legal analysis of corporations in international law. By weaving together five in-depth case studies - Firestone in Liberia, the Industrialist Trials at Nuremberg, the Anglo-Iranian Oil Company, Barcelona Traction and the emergence of the international investment law regime - a variety of contexts are covered, including international criminal law, human rights, natural resources, and the multinational corporation as a subject of regulatory concern. Together, these case studies offer a multifaceted account of the history of corporations in international law over time. The book seeks to demonstrate the facilitative role of international law in shaping and limiting the scope of responsibility of the private business corporation from the late-nineteenth century and throughout the twentieth century. Ultimately, Lustig suggests that, contrary to the prevailing belief that international law failed to adequately regulate private corporations, there is a history of close engagement between the two that allowed corporations to exert influence under a variety of legal regimes while obscuring their agency.

What happens when a corporate subsidiary or network company is unable to pay personal injury victims in full? This book sets out to tackle the 'insolvent entity problem', especially as it arises in cases of mass wrongdoing such as those involving asbestos exposure and defective pharmaceuticals. After discussing the nature of corporate groups and networks from the perspectives of business history, organisation studies, and social theory, the book assesses a range of rules and proposed rules for extending liability for personal injuries beyond insolvent entities. New proposals are put forward for an exception to the rule of limited liability and for the development of a flexible new tort based on conspiracy that encompasses not only control-based relationships but also horizontal coordination between companies. The book concludes with a general discussion of lessons learned from debates about extended liability and provides guidelines for the development of new liability rules.

Church and state: a simple phrase that reflects one of the most famous and fraught relationships in the history of the United States. But what exactly is "the church," and how is it understood in US law today? In Church State Corporation, religion and law scholar Winnifred Fallers Sullivan uncovers the deeply ambiguous and often unacknowledged ways in which Christian theology remains alive and at work in the American legal imagination. Through readings of the opinions of the US Supreme Court and other legal texts, Sullivan shows how "the church" as a religious collective is granted special privilege in US law. In-depth analyses of Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby reveal that the law tends to honor the religious rights of the group-whether in the form of a church, as in Hosanna-Tabor, or in corporate form, as in Hobby Lobby-over the rights of the individual, offering corporate religious entities an autonomy denied to their respective members. In discussing the various communities that construct the "church-shaped space" in American law, Sullivan also delves into disputes over church property, the legal exploitation of the black church in the criminal justice system, and the recent case of Masterpiece Cakeshop v. Colorado Civil Rights Commission. Brimming with insight, Church State Corporation provocatively challenges our most basic beliefs about the ties between religion and law in ostensibly secular democracies.

Business corporations wield enormous economic power: they are producers, service providers, media manipulators, political campaigners, OXF J LEG S, employers, consumers, May 2001 polluters, ... and sometimes criminals. Legal structures largely serve their interests, corporate personality protects their owners from the full consequences of failure and the regulation to which they are subject assumes their beneficence. This book analyses the background to the demands to use criminal law sanctions against corporations, including the rise in the demand for corporate manslaughter prosecutions and the difficulties in attributing blame to an artificial body.

Business corporations wield enormous economic power: they are producers, service providers, media manipulators, political campaigners, OXF J LEG S, employers, consumers, May 2001 polluters, ... and sometimes criminals. Legal structures largely serve their interests, corporate personality protects their owners from the full consequences of failure and the regulation to which they are subject assumes their beneficence. This book analyses the background to the demands to use criminal law sanctions against corporations, including the rise in the demand for corporate manslaughter prosecutions and the difficulties in attributing blame to an artificial body.