HORWITZ SANTA CLARA REVISITED THE DEVELOPMENT OF CORPORATE THEORY PDF



Horwitz Santa Clara Revisited The Development Of Corporate Theory Pdf

The Priority of Persons Revisited Witherspoon Institute. 4 See e.g. Morton J. Horwitz, “ Santa Clara Revisited: The Development of Corporate Theory” (1985) 88 W.Va.L.Rev. 173 at 178. 5 This trend, as explained later in the paper, was halted in Britain commencing from 1900, and the law, Horwitz, 1992 Book Background (Could Read) Santa Clara Revisited: The Development of Corporate Theory THEORIES OF THE CORPORATION - Millon, D Journal Background (Could Read) THE NEW ECONOMIC-THEORY OF THE FIRM - CRITICAL PERSPECTIVES FROM HISTORY - Bratton, Ww Journal Background (Could Read) 6/15. 12/27/18 Company Law and Capitalism ….

Morton J. Horwitz Harvard Law School

Santa Clara revisited (1985 edition) Open Library. pied recent writers on corporate theory: whether theories of the firm in general, and the real entity theory in particular, have definite impli- cations for the law and for the social control of corporations., Corporate personhood remains theoretically restrained by legal discourses that reduce subjectivity to a singular, speaking, human subject. Keywords rhetorical culture , legal rhetoric , subjectivity , corporate personhood , Santa Clara County v..

Santa Clara Revisited: The Development of Corporate Theory - Morton Horwitz Chapter Theories of the Corporation - David Millon, 1990 Article The New Economic Theory of the Firm: Critical Perspectives from History - William W. Bratton, 1989-07 Article The Corporation as a Body Politic’ - Andrew Fraser, 1983 Article There's a Forest in Those Trees: Teaching About the Role of Corporations See Horwitz 1985–86 for discussion of Santa Clara as precedent. Horwitz does not comment on the fact that the relevant assertion appeared only in a headnote. For a discussion of that, see Horwitz does not comment on the fact that the relevant assertion appeared only in a headnote.

SANTA CLARA REVISITED: THE DEVELOPMENT OF CORPORATE THEORY* MORTON J. HoRwITz** I. INTRODUCTION The 1886 decision of the United States Supreme Court in Santa Clara … discussion of early twentieth century corporate legal theory. See Morton J. Horwitz, Santa Clara Revisited: The See Morton J. Horwitz, Santa Clara Revisited: The Development o/Corporate Theory…

forms, so the early theory and practice of corporate law will be an important focus.4 In 2 J AMES W ILLARD H URST , T HE L EGITIMACY OF THE B USINESS C ORPORATION IN THE L AW OF THE U NITED S TATES 154 (1970). Morton J. Horwitz, Reconstructing Historical Theory from the Debris of the Cold War, 102 Yale L.J. 1287 (1993) (reviewing The Antislavery Debate: Capitalism and Abolitionism as a Problem in Historical Interpretation (Thomas Bender ed., 1992).

Corporate personhood remains theoretically restrained by legal discourses that reduce subjectivity to a singular, speaking, human subject. Keywords rhetorical culture , legal rhetoric , subjectivity , corporate personhood , Santa Clara County v. See Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. REV. 173, 178-87 (1985). 16. Sometimes called the creature, concession, fiction, or artificial entity theory, this view can be traced to Friedrich Karl Von Savigny. See G.

The Priority of Persons Revisited Witherspoon Institute

horwitz santa clara revisited the development of corporate theory pdf

Indeterminacy and Balance A Path to A Wholesome Corporate. Horwitz, Morton J. (1985), "Santa Clara Revisited: The Development of Corporate Theory", West Virginia Law Review, 88: 173–224 External links [ edit ] Works related to County of Santa Clara v., [Toronto, Ont. : Law and Economics Programme, Faculty of Law, University of Toronto, 1985?].

OF “SINGLES” WITHOUT BASEBALL CORPORATIONS AS FROZEN

horwitz santa clara revisited the development of corporate theory pdf

Closely Held Conscience Corporate Personhood in the Post. 'For a historical review of the evolution of corporate theory, see generally Bratton, supra note 1, at 1482-501; Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory… PDF On Jan 1, 2016, Jeroen Veldman and others published Corporation: Reification of the Corporate Form For full functionality of ResearchGate it is necessary to enable JavaScript..

horwitz santa clara revisited the development of corporate theory pdf

  • American Fair Trade by Laura Phillips Sawyer cambridge.org
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  • discussion of early twentieth century corporate legal theory. See Morton J. Horwitz, Santa Clara Revisited: The See Morton J. Horwitz, Santa Clara Revisited: The Development o/Corporate Theory… discussion of early twentieth century corporate legal theory. See Morton J. Horwitz, Santa Clara Revisited: The See Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA.

    inconsistencies in the structure of corporate law, theory and governance, Part IV argues for a deliberated statement of the character and objectives of business corporations – one that reflects the experience gained and is attuned to the needs of the present and the future. participants), with Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. REV. 173 (1986) (urging acceptance of John Norton Pomeroy’s brief in Cnty. of Santa Clara v. S. Pac. R.R. Co., 118 U.S. 394 (1886), which argued that corporations should be analyzed for constitutional purposes as associations of individuals joined together in corporate form to

    SANTA CLARA REVISITED: THE DEVELOPMENT OF CORPORATE THEORY* MORTON J. HoRwITz** I. INTRODUCTION The 1886 decision of the United States Supreme Court in Santa Clara Co. v. Southern Pacific Railroad' has always been puzzling and controversial. From the time Progressive constitutional historians began to mount their attack on the Supreme Court Kelso, American Democratic Theory 20-21, 23 (1978). Kelso draws a distinc­ Kelso draws a distinc­ tion between "the corporativism of fascist Italy" and "corporate pluralism as practiced

    corporations precisely as real entities in themselves: see Morton J. Horwitz, "Santa Clara Revisited: The Development of Corporate Theory," West Virginia Law Review 88 (1985): 178, 182, 189. community, reflecting on the disaster of the Nazi years, came up in 1948 with a corporations precisely as real entities in themselves: see Morton J. Horwitz, "Santa Clara Revisited: The Development of Corporate Theory," West Virginia Law Review 88 (1985): 178, 182, 189. community, reflecting on the disaster of the Nazi years, came up in 1948 with a

    The New Economic Theory of the Firm: Critical Perspectives from History, 41 Stan. L. Rev. 1471 (1989). 2 This seems to be the conventional view among legal historians. See Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. Va. L. Rev. 173 (1986); Bratton, supra note 1, at 1491–93; Elizabeth Pollman, Reconceiving Corporate Personhood, 2011 Utah L. Rev. … Politics of the Corporation As a result, important shifts in the relative position of the state and the corporate form are not addressed. Starting with a historical exploration of the theory of the corporation, I show that the corporate form relies on multiple theoretical backgrounds, which makes it inconsistent.

    Specters, Inc.: The Elusive Basis of the Corporation Specters, Inc.: The Elusive Basis of the Corporation Veldman, Jeroen; Parker, Martin 2012-12-01 00:00:00 In this article we discuss the political and economic consequences of the contemporary legal theory of incorporation. 'For a historical review of the evolution of corporate theory, see generally Bratton, supra note 1, at 1482-501; Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory…

    REV. 386 (1981); Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. Corporate Defendants and the Protections of Criminal Procedure: 2 An Economic Analysis, Draft corporations cannot be sent to jail so the sanctions they face are essentially the same as those in civil proceedings. If so, then why not have the same procedural protections for corporate on corporate groups exists within management theory and organizational studies, and regulatory scholars also have wrestled with the problem of enterprise or group liability.

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    horwitz santa clara revisited the development of corporate theory pdf

    THE USE OF SUPERMAJORITY VOTING RULES IN CORPORATE. sion of Santa Clara remains. Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W.VA. L. REv. 173 (1985) [hereinafter Horwitz, Santa Clara Revisited], see also HORWITZ,, Horwitz, 1992 Book Background (Could Read) Santa Clara Revisited: The Development of Corporate Theory THEORIES OF THE CORPORATION - Millon, D Journal Background (Could Read) THE NEW ECONOMIC-THEORY OF THE FIRM - CRITICAL PERSPECTIVES FROM HISTORY - Bratton, Ww Journal Background (Could Read) 6/15. 12/27/18 Company Law and Capitalism ….

    THE LIMITS OF BUSINESS LIMITED LIABILITY ENTITY VEIL

    American Fair Trade by Laura Phillips Sawyer cambridge.org. Hovenkamp, Enterprise, 59–64; Horwitz, Morton, “ Santa Clara Revisited: The Development of Corporate Theory,” West Virginia Law Review 88 (1985): 186 – 188. According to Hovenkamp and Horwitz, the courts had by the late nineteenth century abandoned ultra vires as a regulatory tool., Santa Clara revisited : the development of corporate theory / by Morton J. Horwitz. KF 1414 H67 1985 Enterprise and American law, 1836-1937 / Herbert Hovenkamp..

    7 Shaw Livermore, Early American Land Companies, Their Influence on Corporate Development (Commonwealth Fund) (1939). 8 Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory , 88 W. V A . PDF In Citizens United vs. FEC, the Supreme Court struck down a Federal statute banning direct corporate expenditures on political campaigns. The decision has been widely criticized and praised

    See Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. REV. 173, 178-87 (1985). 16. Sometimes called the creature, concession, fiction, or artificial entity theory, this view can be traced to Friedrich Karl Von Savigny. See G. |a The structure of classical legal thought, 1870-1905 -- The progressive attack on freedom of contract and objective causation -- Santa Clara revisited : the development of corporate theory -- The place of Justice Holmes in American legal thought -- The progressive transformation in the conception of property -- Defining legal realism -- The legacy of legal realism -- Legal realism, the

    See Horwitz 1985–86 for discussion of Santa Clara as precedent. Horwitz does not comment on the fact that the relevant assertion appeared only in a headnote. For a discussion of that, see Horwitz does not comment on the fact that the relevant assertion appeared only in a headnote. Santa Clara revisited : the development of corporate theory / by Morton J. Horwitz. KF 1414 H67 1985 Enterprise and American law, 1836-1937 / Herbert Hovenkamp.

    The Dividing Line Between Shareholder Democracy and Board Autonomy: Inherent Conflicts of Interest as Normative Criterion by Sofie Cools* In the past decades, shareholder democracy has been the center of attention in corporate Get this from a library! Santa Clara revisited : the development of corporate theory. [Morton J Horwitz]

    inconsistencies in the structure of corporate law, theory and governance, Part IV argues for a deliberated statement of the character and objectives of business corporations – one that reflects the experience gained and is attuned to the needs of the present and the future. [Toronto, Ont. : Law and Economics Programme, Faculty of Law, University of Toronto, 1985?]

    Get this from a library! Santa Clara revisited : the development of corporate theory. [Morton J Horwitz; University of Toronto. Faculty of Law.; États-Unis. Supreme Court.] sumer behavior, development theory, microfinance, organization design and development, supply chain management, and operations management to yield …

    Politics of the Corporation As a result, important shifts in the relative position of the state and the corporate form are not addressed. Starting with a historical exploration of the theory of the corporation, I show that the corporate form relies on multiple theoretical backgrounds, which makes it inconsistent. [Toronto, Ont. : Law and Economics Programme, Faculty of Law, University of Toronto, 1985?]

    Specters, Inc.: The Elusive Basis of the Corporation Specters, Inc.: The Elusive Basis of the Corporation Veldman, Jeroen; Parker, Martin 2012-12-01 00:00:00 In this article we discuss the political and economic consequences of the contemporary legal theory of incorporation. See Horwitz 1985–86 for discussion of Santa Clara as precedent. Horwitz does not comment on the fact that the relevant assertion appeared only in a headnote. For a discussion of that, see Horwitz does not comment on the fact that the relevant assertion appeared only in a headnote.

    Horwitz, 1992 Book Background (Could Read) Santa Clara Revisited: The Development of Corporate Theory THEORIES OF THE CORPORATION - Millon, D Journal Background (Could Read) THE NEW ECONOMIC-THEORY OF THE FIRM - CRITICAL PERSPECTIVES FROM HISTORY - Bratton, Ww Journal Background (Could Read) 6/15. 12/27/18 Company Law and Capitalism … The transformation of American law, 1870-1960: the crisis of legal orthodoxy - Horwitz, Morton J., 1992 Book See chapter 3, "Santa Clara Revisited: The Development of Corporate Theory",

    inconsistencies in the structure of corporate law, theory and governance, Part IV esargu for a deliberated statement of the character and objectives of business corporations – one that reflects the experience gained and is attuned to the needs of the presentand the future. REV. 386 (1981); Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. Corporate Defendants and the Protections of Criminal Procedure: 2 An Economic Analysis, Draft corporations cannot be sent to jail so the sanctions they face are essentially the same as those in civil proceedings. If so, then why not have the same procedural protections for corporate

    See Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. REV. 173, 178-87 (1985). 16. Sometimes called the creature, concession, fiction, or artificial entity theory, this view can be traced to Friedrich Karl Von Savigny. See G. 1 See Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. REV. 173, 179-81 (1985). The fundamental question in any theory of the firm is whether the appropriate unit of analysis is the individual or the group. For a positive gloss on the firm and the prob-lem of conflict between the individual and the group see VinogradoffJuridical Persons, 24 COLUM. L. REV. 594

    7 Shaw Livermore, Early American Land Companies, Their Influence on Corporate Development (Commonwealth Fund) (1939). 8 Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory , 88 W. V A . Abstract. We have been exploring the link between legal persons and law’s underlying liberal orientation in order to clarify a possible explanation for the inherent openness of modern human rights law to corporate beneficiaries.

    Santa Clara Revisited The Development of Corporate Theory

    horwitz santa clara revisited the development of corporate theory pdf

    American Fair Trade by Laura Phillips Sawyer cambridge.org. REV. 386 (1981); Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. Corporate Defendants and the Protections of Criminal Procedure: 2 An Economic Analysis, Draft corporations cannot be sent to jail so the sanctions they face are essentially the same as those in civil proceedings. If so, then why not have the same procedural protections for corporate, 'For a historical review of the evolution of corporate theory, see generally Bratton, supra note 1, at 1482-501; Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory….

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    horwitz santa clara revisited the development of corporate theory pdf

    Companies and Corporations Their Transition from Status. Economic Theory of the Firm] (describing how the leading antebellum corporate treatise drew on definitions of the firm that went back to medieval and early British sources); Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory , 88 W. 5/11/2012 · Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. Va. L. Rev 173, 181 (1985); Mark, supra note 32, at 1453-54; ….

    horwitz santa clara revisited the development of corporate theory pdf


    7 Shaw Livermore, Early American Land Companies, Their Influence on Corporate Development (Commonwealth Fund) (1939). 8 Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory , 88 W. V A . Horwitz, M.J. (1985) ‘Santa Clara Revisited: The Development of Corporate Theory’, West Virginia Law Review 88: 173–224. Ireland, P. (1999) ‘Company …

    The New Economic Theory of the Firm: Critical Perspectives from History, 41 Stan. L. Rev. 1471 (1989). 2 This seems to be the conventional view among legal historians. See Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. Va. L. Rev. 173 (1986); Bratton, supra note 1, at 1491–93; Elizabeth Pollman, Reconceiving Corporate Personhood, 2011 Utah L. Rev. … But see Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. V A. L. R L. R EV . 173 (1985) ( arguing that the court’s famous dictum was grounded in the contemporary “aggre- gate theory”).

    The New Economic Theory of the Firm: Critical Perspectives from History, 41 Stan. L. Rev. 1471 (1989). 2 This seems to be the conventional view among legal historians. See Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. Va. L. Rev. 173 (1986); Bratton, supra note 1, at 1491–93; Elizabeth Pollman, Reconceiving Corporate Personhood, 2011 Utah L. Rev. … Horwitz, 1992 Book Background (Could Read) Santa Clara Revisited: The Development of Corporate Theory THEORIES OF THE CORPORATION - Millon, D Journal Background (Could Read) THE NEW ECONOMIC-THEORY OF THE FIRM - CRITICAL PERSPECTIVES FROM HISTORY - Bratton, Ww Journal Background (Could Read) 6/15. 12/27/18 Company Law and Capitalism …

    7 Shaw Livermore, Early American Land Companies, Their Influence on Corporate Development (Commonwealth Fund) (1939). 8 Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory , 88 W. V A . 49 (1990); Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory in CORPORATIONS AND SOCIETY-POWER AND RESPONSIBILITY 13 (Warren J. Samuels & Arthur S. Miller eds., 1987) [hereinafter Horwitz, Santa Clara];

    corporations precisely as real entities in themselves: see Morton J. Horwitz, “Santa Clara Revisited: The Development of Corporate Theory,” West Virginia Law … Horwitz, 1992 Book Background (Could Read) Santa Clara Revisited: The Development of Corporate Theory THEORIES OF THE CORPORATION - Millon, D Journal Background (Could Read) THE NEW ECONOMIC-THEORY OF THE FIRM - CRITICAL PERSPECTIVES FROM HISTORY - Bratton, Ww Journal Background (Could Read) 6/15. 12/27/18 Company Law and Capitalism …

    sion of Santa Clara remains. Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W.VA. L. REv. 173 (1985) [hereinafter Horwitz, Santa Clara Revisited], see also HORWITZ, Economic Theory of the Firm] (describing how the leading antebellum corporate treatise drew on definitions of the firm that went back to medieval and early British sources); Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory , 88 W.

    corporations precisely as real entities in themselves: see Morton J. Horwitz, "Santa Clara Revisited: The Development of Corporate Theory," West Virginia Law Review 88 (1985): 178, 182, 189. community, reflecting on the disaster of the Nazi years, came up in 1948 with a 8Morton J Horwitz, ‘Santa Clara Revisited: The Development of Corporate Theory’ (1986) 88 West Virginia Law Review 184. 9 David Millon, ‘Theories of the Corporation’ (1990)2 Duke Law Journal206;

    corporations precisely as real entities in themselves: see Morton J. Horwitz, "Santa Clara Revisited: The Development of Corporate Theory," West Virginia Law Review 88 (1985): 178, 182, 189. community, reflecting on the disaster of the Nazi years, came up in 1948 with a forms, so the early theory and practice of corporate law will be an important focus.4 In 2 J AMES W ILLARD H URST , T HE L EGITIMACY OF THE B USINESS C ORPORATION IN THE L AW OF THE U NITED S TATES 154 (1970).

    Politics of the Corporation As a result, important shifts in the relative position of the state and the corporate form are not addressed. Starting with a historical exploration of the theory of the corporation, I show that the corporate form relies on multiple theoretical backgrounds, which makes it inconsistent. See Morton J. Horwitz, Santa Clara Revisited: The Development of Corporate Theory, 88 W. VA. L. REV. 173, 200 (1985). This was when most states had enacted general incorporation statutes. See id. at 181. Until this happened, the tendency in the United States was to view corporations as institutions created by the state. Id. General incorporation encouraged the idea that shareholders entered

    Harvard legal historian Morton Horwitz argued in a widely cited, if less widely read, 1985 essay, “Santa Clara Revisited,” that the case was far less significant than was often thought. He contended that the theory the Court implicitly adopted, articulated more fully by Field in his circuit court opinion, was not the theory of corporate personality that we recognize today. In fact, Horwitz pied recent writers on corporate theory: whether theories of the firm in general, and the real entity theory in particular, have definite impli- cations for the law and for the social control of corporations.

    horwitz santa clara revisited the development of corporate theory pdf

    the development of corporate theory by Morton J. Horwitz Published 1985 by Law and Economics Programme, Faculty of Law, University of Toronto in [Toronto, Ont . ginning with medieval political theory and concluding with royal and colonial charters. We will then turn our focus to incorporation and the constitutions of states and the United States. Here we will begin historically, working through foundational early debates and cases, such as Trustees of Dartmouth College v. Woodward (1819) (Contract Clause), Santa Clara Co. v. South-ern Paci c Railroad