Oxford Business Law Blog

In the past few years, investors have begun to embrace the reality that academics have been championing for decades—that a broad-based passive indexing strategy is superior to picking individual...

The era of the US public corporation is in decline. Tectonic shifts in seemingly disparate regions of the corporate landscape are underway. Through the lens of a new theory of the firm, these...

A Call for Papers is inviting contributions to the Cambridge Handbook of Corporate Law, Corporate Governance and Sustainability. Those tentatively selected to contribute will be invited to a...

The edited collection, The Changing Landscape of Corporate Law in New Zealand (The Centre for Commercial and Corporate Law, Inc, 2017), draws together New Zealand and international contributors who...

The German corporation (for the purposes of this post: “Aktiengesellschaft”) is known for its two-tier board system, employee codetermination on the level of the supervisory board, and minimum...

For the last several decades, organizational law has been predominantly viewed as a menu of default contractual clauses that, as with contracts more generally, can be adapted to the needs of each...

Can shareholders of a company override a management decision made by the board? In my paper I argue that the answer, at least since Automatic Self-Cleansing v Cuninghame [1906] 2 Ch 34 (CA), has been...

Three months after the UK’s vote to leave the EU, the Prime Minister, Theresa May, has clarified the time line and mode of operation for the eventual exit. It is envisaged that Article 50 TFEU will...

Legislatures and regulators in many countries are required to assess ex ante the potential consequences of proposed laws and regulations through various forms of regulatory analysis (hereinafter ‘RA...

The Comissão de Valores Mobiliários (CVM), the Brazilian equivalent of the SEC, has recently imposed sanctions on the Federal Government for actions taken as the controlling shareholder of the public...

The design of bankruptcy law may have a significant impact on people´s access to finance, the asset and capital structure of firms, and the level of innovation and entrepreneurship in a country. For...

The UK Government has launched a consultation seeking views on proposals to review the corporate insolvency framework. The Government is consulting on four proposals: (a) creating a new moratorium, (...

In Chevron Corp. v. Yaiguaje, the Supreme Court of Canada clarified the concept of comity to affirm its liberal approach to facilitating the recognition and enforcement of foreign judgments. But that...

In the Noughties, Nevada arose as the place in the US for companies seeking a protective environment for directors, officers and members to incorporate. Nevada made a conscious decision to try to...

Our paper “Strong Shareholders, Weak Outside Investors” (available here), analyses the differential regulatory environment that controlling shareholders face in Europe, compared to the US...

In the United States, the impact of regulatory competition on the evolution of corporate law has generated an intense and long lasting debate opposing the “race to the bottom” and “race to the top”...