Wake Forest Law Review

21Oct

Benefit Corporations—A Sustainable Form of Organization?

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By: Dana Brakman Reiser* Introduction Founders of social enterprises believe profits and social good can be produced in tandem and wish to form organizations that will pursue these dual missions.[1]  They will, however, encounter obstacles to articulating and enforcing such dual missions if they adopt either a traditional nonprofit or for-profit form of organization.  Nonprofit […]

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21Oct

Imagining Corporate Sustainability as a Public Good Rather Than a Corporate Bad

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By: Wendy E. Wagner* Introduction Corporations have been criticized for their environmental misdeeds for over a century,[1] so it is not surprising that many view corporate approaches to sustainability with skepticism.[2]  Reports of green-washing and other forms of misleading advertising by a handful of corporations only serve to reinforce this negative perception.[3] Based on this […]

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11Oct

Two Models of Corporate Social Responsibility

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By: David Millon* Introduction There are many ways to think about the nature of business corporations.  They can be seen as mere aggregations of natural persons or as entities in their own right.  As entities, they have been described as either natural or artificial,[1] and the idea of the corporation as a person is itself […]

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11Oct

Dodd-Frank, Liability Structure, and Financial Instability Cycles: Neither a (Ponzi) Borrower Nor a Lender Be

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By: José Gabilondo* Introduction The financial sector has by now mostly sprung back from the crisis that began in 2007, as have corporate profits; but the labor market still sags, mortgage credit is scarce, and the future prospects for the economy, while not bleak, are not rosy either.  Seeing this ongoing harm to the real […]

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11Oct

NASCAR Green: The Problem of Sustainability in Corporations and Corporate Law

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By: Matthew T. Bodie* Introduction Slowing down and ultimately reversing global warming is the preeminent global challenge of our time.[1]  The evidence seems clear: the climate is gradually but undeniably heating up, leading to the melting of polar ice caps, rising sea levels, and dramatic changes in global climate patterns.[2]  The global reforms necessary to […]

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11Oct

The Sustainable Corporation and Shareholder Profits

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By: Judd F. Sneirson* Abstract What is a sustainable corporation and why aren’t there more of them?  This Article argues that corporate law’s conventional focus on shareholder profits stifles sustainability efforts inasmuch as sustainable corporations take a broader view of the firm and its goals.  The Article also weighs alternatives for increasing the number of […]

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1Oct

Towards a Firm-Based Theory of Consumption

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By: David G. Yosifon* Abstract Corporate theory typically construes consumption activity as involving a series of arms-length, atomistic transactions in which consumers exchange money for discrete corporate goods or services.  Canonical accounts expect satisfied consumers to engage in repeat transactions, but the transactions themselves are (implicitly or explicitly) assumed to be isolated, fully contained dealings […]

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21Sep

Strategies for an Employee Role in Corporate Governance

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By: Brett H. McDonnell* Introduction One way to make U.S. corporations more sustainable is to broaden the group of stakeholders whose interests are considered in making decisions.  One of the most important groups of stakeholders is corporate employees, both because their own stake is critical to their well-being and because employees may value the interests […]

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14May

Privacy’s Broken Window: An Invitation to Professor Abril

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By: M. Ryan Calo Professor Patricia Sánchez Abril opens her article, Private Ordering: A Contractual Approach to Online Interpersonal Privacy, with a profound insight: online interpersonal privacy suffers from a case of broken windows.[1] By “broken windows,” Professor Abril refers to the well-evidenced phenomena that instances of minor disrepair can promote an overall environment of […]

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10May

Mahr Agreements: Contracting in the Shadow of Family Law (and Religious Law)—A Comment on Oman’s Article

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By: Brain H. Bix Introduction In Bargaining in the Shadow of God’s Law: Islamic Mahr Contracts and the Perils of Legal Specialization,[1] Nathan Oman uses Islamic marriage contracts as the basis for reflecting on the advantages of thinking about contract law in general terms, rather than as a series of different and unrelated transaction types […]

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