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Research Handbook on Corporate Liability

Research Handbook on Corporate Liability

  • 作者:
  • 出版商: Edward Elgar Publishing
  • ISBN: 9781800371279
  • 出版时间 August 2023
  • 规格: Hardback
  • 适应领域: U.K. ? 免责申明:
    Countri(es) stated herein are used as reference only

List Price: ¥2,467.50

¥2,393.48 Save ¥74.03 (3%)

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  • 描述 
  • 大纲 
  • 详细

    This Research Handbook considers many varied aspects of corporate liability, beginning with a fundamental explanation of what the company is, through depictions of corporate liability in theory, and on to the key areas of liability in practice. While including a timeless distillation of the guiding principles, each contribution explores the emerging boundaries of corporate liability issues so as to bring understanding to new levels.

    Cross-jurisdictional and interdisciplinary in nature, the contributions cover corporate and participant liability under statutory law, tort and criminal law, and corporate fiduciary and securities law. Specific perspectives include those on corporate vicarious liability, accountability for AI labour, and procedural law challenges. This Research Handbook examines not only the current state of play, but also predicts trends likely to feature in the development of corporate liability, including those in the areas of ESG and technology.

    Featuring contributions from leading scholars in their respective fields, this Research Handbook will be essential reading for scholars and students of commercial law, corporate law, and corporate governance. It will also be beneficial for judges, legal practitioners, and policymakers specialising in corporate liability.

  • Introduction to the Research Handbook on Corporate Liability 1
    Martin Petrin and Christian A. Witting

    PART I. FOUNDATIONS
    1.
    The company and its constituents 7
    Susan Watson
    2.
    Theoretical approaches to corporate liability 24
    Martin Petrin
    3.
    Corporate liability: a systems perspective 42
    Christian A. Witting

    PART II. CORPORATE LIABILITY
    4.
    Corporate law and statutory liability 62
    Deirdre Ahern
    5.
    Issuer liability: ownership structure and the circularity debate 82
    Martin Gelter
    6.
    Corporate criminal liability 100
    Samuel W. Buell
    7.
    Corporate tortious liability 116
    Robert J. Rhee
    8.
    Agency liability 136
    Tan Cheng-Han
    9.
    Attribution 156
    Ernest Lim

    PART III. PERSONAL LIABILITY
    10.
    Directors’ and officers’ liability under securities laws 174
    Lisa M. Fairfax
    11.
    Evolution of director oversight duties and liability under Caremark: using enhanced information-acquisition duties in the public interest 194
    Jennifer Arlen
    12.
    Fiduciary liability and business judgment 222
    Paul B. Miller
    13.
    Review of directors’ business judgments 238
    Joan Loughrey
    14.
    Joint liability 257
    Joachim Dietrich

    PART IV. VICARIOUS LIABILITY AND EXTENDED LIABILITY
    15.
    Vicarious liability and corporations 275
    Paula Giliker
    16.
    Toward corporate group accountability 294
    Virginia Harper Ho, Gerlinde Berger-Walliser and Rachel Chambers
    17.
    Liability in the shipping industry 317
    Martin Davies
    18.
    Enterprise liability 332
    Gregory C. Keating

    PART V. THE CLAIMS PROCESS
    19.
    Overlapping remedies 353
    Bert I. Huang
    20.
    Jurisdiction and corporations: identifying an international standard 367
    Richard Garnett

    PART VI. THE FUTURE OF CORPORATE LIABILITY
    21.
    The future of corporate criminal liability in the ESG space 389
    J.S. Nelson
    22.
    Towards corporate digital responsibility 411
    Florian Möslein
    23.
    Accountability for AI labor 436
    Mihailis E. Diamantis
    24.
    The company and blockchain technology 449
    Kelvin F.K. Low, Edmund Schuster and Wan Wai Yee

    Index

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