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How America’s Corporations Lost their Public Purpose, and How it Might be (Partially) Restored

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  • Ciepley David

    (University of Virginia, Institute for Advanced Studies in Culture, 3 University Circle, Charlottesville, Virginia, 22903, USA)

Abstract

In honor of Lynn Stout’s efforts to better suit the business corporation for the pursuit of long-term, publicly-beneficial purposes, the present essay reviews critically the historical process by which the corporation’s tie to public purposes—a precondition of the earliest grants of corporate powers to business enterprisers—was slowly severed. And it explores a form of corporate control, once widespread in the U.S. and easily revivable, that could partially restore corporate emphasis on public benefits—the foundation-controlled corporation.

Suggested Citation

  • Ciepley David, 2020. "How America’s Corporations Lost their Public Purpose, and How it Might be (Partially) Restored," Accounting, Economics, and Law: A Convivium, De Gruyter, vol. 10(3), pages 1-25, December.
    • Handle: RePEc:bpj:aelcon:v:10:y:2020:i:3:p:25:n:5
    DOI: 10.1515/ael-2019-0088
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    References listed on IDEAS

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    1. Ciepley, David, 2017. "Is the U.S. Government a Corporation? The Corporate Origins of Modern Constitutionalism," American Political Science Review, Cambridge University Press, vol. 111(2), pages 418-435, May.
    2. Raghuram G. Rajan & Luigi Zingales, 2001. "The Firm as a Dedicated Hierarchy: A Theory of the Origins and Growth of Firms," The Quarterly Journal of Economics, President and Fellows of Harvard College, vol. 116(3), pages 805-851.
    3. North,Douglass C. & Wallis,John Joseph & Weingast,Barry R., 2013. "Violence and Social Orders," Cambridge Books, Cambridge University Press, number 9781107646995, Enero.
    4. John Asker & Joan Farre-Mensa & Alexander Ljungqvist, 2011. "Comparing the Investment Behavior of Public and Private Firms," NBER Working Papers 17394, National Bureau of Economic Research, Inc.
    5. Jensen, Michael C. & Meckling, William H., 1976. "Theory of the firm: Managerial behavior, agency costs and ownership structure," Journal of Financial Economics, Elsevier, vol. 3(4), pages 305-360, October.
    6. Michael C. Jensen & Kevin J. Murphy, 2010. "CEO Incentives—It's Not How Much You Pay, But How," Journal of Applied Corporate Finance, Morgan Stanley, vol. 22(1), pages 64-76, January.
    7. Ciepley, David, 2013. "Beyond Public and Private: Toward a Political Theory of the Corporation," American Political Science Review, Cambridge University Press, vol. 107(1), pages 139-158, February.
    8. Matt Hopkins & William Lazonick, 2016. "The Mismeasure of Mammon: Uses and Abuses of Executive Pay Data," Working Papers Series 49, Institute for New Economic Thinking.
    9. David Ciepley, 2019. "Can Corporations Be Held to the Public Interest, or Even to the Law?," Journal of Business Ethics, Springer, vol. 154(4), pages 1003-1018, February.
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