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Browsing by Author "Gibbs-Kneller, David"
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De Jure Convergence, De Facto Divergence: A Comparison of Factual Implementation of Shareholder Derivative Suit Enforcement in the United States and the United Kingdom
Gibbs-Kneller, David; Gindis, David (2019-12-01)Many legal systems have been converging toward a US shareholder-centric model of corporate law and governance. This includes de jure rules relating to derivative enforcement. Despite convergence of the UK system towards ... -
Not by Contract Alone: The Contractarian Theory of the Corporation and the Paradox of Implied Terms
Gibbs-Kneller, David; Gindis, David; Whayman, Derek (2022-09-26)Contractarians view the corporation as a nexus of contracts, constituted by the express or implied consent of each party to or contracting with it. Strong-form contractarianism takes this claim literally and holds that a ...