The Cambridge Handbook of Social Enterprise Law

A guide to social enterprise law and policy that shows how companies are evolving to create capitalism with a conscience.

Benjamin Means (Edited by), Joseph W. Yockey (Edited by)

9781107186552, Cambridge University Press

Hardback, published 3 January 2019

462 pages, 4 b/w illus. 5 tables
26.2 x 18.5 x 3 cm, 0.99 kg

'This Handbook is a superb collection of articles that thoughtfully examine the efforts of the social-enterprise movement to balance the interests of investors, other stakeholders and society. These essays provide an articulate analysis of the philosophical underpinnings that go into properly advancing the objectives of these important constituencies. It is a valuable resource for decision makers and others who want to understand each of the competing perspectives.' Randy J. Holland, formerly, Delaware Supreme Court

Growing numbers of employees, consumers, and investors want companies to be truly good; these stakeholders will accept lower economic returns in order to support companies that prioritize sustainability, fair wages, and fair trade. Unlike charities or non-profit organizations, such companies - or social enterprises - are not only permitted but also expected to produce an economic return for investors. Yet, unlike traditional business ventures, social enterprises have no obligation to maximize profits, even on a long-term basis. In this comprehensive volume, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Cambridge Handbook of Social Enterprise Law takes stock of the field and charts a course for its future development. It should be read by entrepreneurs, investors, practitioners, academics, students and anyone else interested in how companies are evolving to address new demands for capitalism with a conscience.

Introduction Benjamin Means and Joseph W. Yockey
Part I. Theoretical Framework: 1. Social and asocial enterprise Elizabeth Pollman
2. Self-regulation of social enterprise Brian Galle
3. Essential policy and practice considerations for facilitating social enterprise John E. Tyler
Part II. Historical Context and Political Economy: 4. Three legislative paths to social enterprise Brett H. McDonnell
5. When all enterprise was social Robert C. Hockett
6. Early lessons in social enterprise law Carol Liao
7. Shaping corporate reform Nina Boeger
8. The promise of social enterprise for low-income communities Alicia E. Plerhoples
Part III. Tax and Finance: 9. Creating a tax space for social enterprise Lloyd Hitoshi Mayer
10. Impact investment and alternative capital channels Anne M. Tucker
11. Financing social enterprise Joan MacLeod Heminway
12. Social enterprise crowdfunding in New Zealand Andrew A. Schwartz
Part IV. Choice of Form: 13. The social enterprise life cycle Dana Brakman Reiser and Steven A. Dean
14. Do we need specialized business forms for social enterprise? Peter Molk
15. Social lock-in and the cooperative form Tamara C. Belinfanti
16. Using a taxable nonprofit corporation for social enterprise Cassady V. Brewer
17. Form follows function Kyle Westaway
Part V. Fiduciary Obligation: 18. Fiduciary duties in social enterprise Andrew S. Gold and Paul B. Miller
19. Managerial duties in social enterprise: the public benefit corporation Lyman Johnson
20. Judging the public benefit corporation Omari Scott Simmons
Part VI. Governance: 21. Stakeholder representatives for social enterprise J. Haskell Murray
22. Mixed motive investments and agency costs Charles M. Yablon
23. Some implications of the agency-cost theory of the non-profit firm Benjamin Moses Leff
24. Preserving the social enterprise's mission Antony Page
25. A new blueprint for regulating social enterprise Sarah Dadush.

Subject Areas: Commercial law [LNCB], Company, commercial & competition law [LNC], Law [L], Comparative politics [JPB]