Corporate Governance in Global Capital Markets
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Edited by:
Janis Sarra
About this book
The recent failures of Enron, WorldCom, and other large publicly traded corporations have catapulted the issue of corporate governance onto the international stage. In this timely book, Janis Sarra draws together the work of legal scholars and practitioners from across North America to provide a comprehensive analysis of corporate governance issues in global capital markets.
The contributors to this collection explore the theoretical underpinnings of corporate governance and provide concrete illustration of different models and their outcomes. While the perspectives of the authors sometimes differ, their common project is to explore different normative conceptions of the corporation in order to contribute to an analysis of global trends in corporate governance. The book measures diverse theoretical perspectives against the reality of corporate operations in current capital markets, exploring the norms that inform shifts in governance practice and the influence of regulatory regimes on governance change. Relationships both within and outside the firm are explored, including issues of accountability, ethics in decision making, and notions of efficiency in generation of corporate wealth.
Legal scholars and practitioners with an interest in corporations, insolvency, and securities, as well as corporate directors will welcome this addition to their libraries.
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Topics
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Front Matter
i -
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Contents
v -
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Foreword
vii -
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Acknowledgments
xiii -
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Introduction
xv - Governance of the Corporation in the Context of Global Markets
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Canadian Corporate Governance Reform: In Search of a Regulatory Role for Corporate Law
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Oversight, Hindsight, and Foresight: Canadian Corporate Governance through the Lens of Global Capital Markets
40 -
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Governance, Mergers and Acquisitions, and Global Capital Markets
85 - Shareholder Activism and Control: Accountability for Corporate Harms
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Canadian Institutional Shareholder Activism in an Era of Global Deregulation
111 -
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Investor Control of Multinational Enterprises: A Market for Corporate Governance Based on Justice and Fairness?
131 -
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The Interplay between Securities Regulation and Corporate Governance: Shareholder Activism, the Shareholder Proposal Rule, and Corporate Compliance with Law
156 -
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Beyond Environmental Compliance, with a View to the Best Interests of the Company
173 - The Role of Directors in Governance Oversight: Domestic and International Lessons
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Developments in US Boards of Directors and the Multiple Roles of Corporate Boards
191 -
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The Governance of Commercial Crown Corporations: How Much Independence Can We Expect from Corporate Directors?
225 -
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Synchronizing Individual Corporate Self-Interest Goals and Sector Development Responsibilities: The BC Seafood Processing Industry Experience
248 - Governance of the Financially Distressed Corporation
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Under Pressure: Governance of the Financially Distressed Corporation
275 -
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Governance of the Financially Distressed Corporation in Global Capital Markets: Selected Aspects of the Financing and Governance of Canadian Enterprises in Cross-Border Workouts
297 -
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The Role of Court-Appointed Officers in the Governance of Financially Distressed Corporations
345 -
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Contributors
361 -
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Index
363