Feminist Judgments: Corporate Law Rewritten

An essential foundation for any lawyer or law student, businessperson, or scholar interested in feminism's applications to corporate law.

Anne M. Choike (Edited by), Usha R. Rodrigues (Edited by), Kelli Alces Williams (Edited by)

9781316516768, Cambridge University Press

Hardback, published 5 January 2023

450 pages
23.5 x 15.9 x 3.1 cm, 0.86 kg

Corporate law has traditionally assumed that men organize business, men profit from it, and men bring cases in front of male judges when disputes arise. It overlooks or forgets that women are dealmakers, shareholders, stakeholders, and businesspeople too. This lack of inclusivity in corporate law has profound effects on all of society, not only on women's lives and livelihoods. This volume takes up the challenge to imagine how corporate law might look if we valued not only women and other marginalized groups, but also a feminist perspective emphasizing the importance of power dynamics, equity, community, and diversity in corporate law. Prominent lawyers and legal scholars rewrite foundational corporate law cases, and also provide accompanying commentary that situates each opinion in context, explains the feminist theories applied, and explores the impact the rewritten opinion might have had on the development of corporate law, business, and society.

Part I. Introduction and overview: 1. Introduction to the Feminist Judgments: Rewritten Corporate Law Project Anne Choike, Usha R. Rodrigues and Kelli Alces Williams
Part II. Legal Personality, Identity, and Limited Liability of Corporate Entities: 2. Citizens United v. Federal Election Commission, 558 U.S. 310 (2010)
Commentary: Amy Sepinwall
Judgment: Carliss Chatman
3. Walkovzsky v. Carlton, 223 N.E.2d 6 (N.Y. 1966)
Commentary: Janis Sarra and Cheryl Wade
Judgment: Poonam Puri and Ankita Gupta
Part III. Role and Purpose of the Corporation and Corporate Combinations in Society: 4. Dodge v. Ford Motor Company, 170 N.W. 668 (Mich. 1919)
Commentary: Jena Martin
Judgment: Barnali Choudury
5. Merriam v. Demoulas Super Mkts., 985 N.E.2d 388 (Mass. 2013)
Commentary: Sunitha Malepati
Judgment: Alicia Plerhoples
6. Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc., 506 A.2d 173 (Del. 1986)
Commentary: Afra Afsharipour
Judgment: Christina Sautter
7. Agreement between Harvey Weinstein and The Weinstein Company Holdings LLC, as of October 20, 2015
Commentary: Alexandra Andhov
Contract: Susan Chesler
Part IV: Fiduciary Duties in Corporate Governance: 8. Meinhard v. Salmon, 164 N.E. 545 (N.Y. 1928)
Commentary: Christina Hurt
Judgment: Dalia Tsuk Mitchell
9. Smith v. Van Gorkom, 488 A.2d 858 (Del. 1985)
Commentary: Virginia Harper Ho
Judgment: Lua Yuille
10. White v. Panic, 783 A.2d 543 (Del. 2001)
Commentary: Kellye Testy
Judgment: Sarah Haan
11. Francis v. United Jersey Bank, 432 A.2d 814 (N.J. 1981)
Commentary: Faith Stevelman
Judgment: Jonathan W. Smith
12. In re The Walt Disney Co. Derivative Litigation, 906 A.2d 27 (Del. 2006)
Commentary: Laura Rosenbury
Judgment: Hilary Sale
Part V. Closely Held Businesses and Other Considerations Regarding the Composition of Boards, Management, and Owners: 13. Ringling Bros-Barnum & Bailey Combined Shows, Inc. v. Ringling, 53 A.2d 441 (Del. 1947)
Commentary: Gabriel Rauterberg
Judgment: Benjamin Means
14. Donohue v. Rodd Electrotype, 328 N.E.2d 505 (Mass. 1975)
Commentary: Jessica Kiser
Judgment: Cindy Schipani
Part VI: Protecting Investors and Potential Investors in Corporations: 15. SEC v. W. J. Howey Co. et al., 328 U.S. 293 (1946)
Commentary: Kristin Johnson and Carla Reyes
Judgment: Theresa Gabaldon
16. U.S. v. Chestman, 947 F.2d 551 (2d Cir., 1991)
Commentary: Donna Nagy
Judgment: Karen Woody
Part VII: From Foundations to Future Directions: 17. The Importance of Incorporating Feminist Perspectives in Corporate Law Anne Choike, Martha Albertson Fineman and Cheryl Wade.

Subject Areas: Commercial law [LNCB], Corporate governance [KJR]