Convergence and Persistence in Corporate Governance by Jeffrey N. Gordon, Mark J. Roe

By Jeffrey N. Gordon, Mark J. Roe

Company governance is at the reform time table world wide. Is the Anglo-American version of shareholder capitalism destined to develop into the worldwide company governance average or will vital alterations persist? famous students handle this question with subtle political economic climate research geared to the criminal frameworks. The Enron scandal has stirred up an pressing around of company governance wondering. Will it cease a convergence that was once within the works? This quantity bargains attention-grabbing insights into this question.

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Government control or influence over firms is much higher in Japan and Korea than in the US. He discusses the different levels of political contracting in the three systems. The differential pattern of property rights accounts for the corporate governance differences across the three countries. The protection of property rights makes possible the external governance and the market orientation of US firms. On the other hand, the South Korean government regulates firms and allocates credit, leading to firms that are family-oriented and politically governed.

8 Today, even inside Germany, few commentators argue for codetermination as a general model for corporate law in other jurisdictions. 9 C. The state-oriented model Both before and after World War II, there was widespread support for a corporatist system in which the government would play a strong direct role in the affairs of large business firms to provide some assurance that private enterprise would serve the public interest. Technocratic governmental bureaucrats, the theory went, would help to avoid the deficiencies of the market through the direct exercise of influence in corporate affairs.

One group of stakeholder models looks the end of history for corporate law 41 to what we term a “fiduciary” model of the corporation, in which the board of directors functions as a neutral coordinator of the contributions and returns of all stakeholders in the firm. Under this model, stakeholders other than investors are not given direct representation on the corporate board. Rather, these other stakeholders are to be protected by relaxing the board’s duty or incentive to represent only the interests of shareholders, thus giving the board greater discretion to look after other stakeholders’ interests.

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