Hardback
A Research Agenda for Organizational Law
Taking stock of the quiet revolution that has taken place in the field of organizational law over the last few decades, this erudite Research Agenda presents a critical overview of the current state of organizational law and explores the increasingly flexible structures and capabilities of modern organizations.
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Critical Acclaim
Contents
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Elgar Research Agendas outline the future of research in a given area. Leading scholars are given the space to explore their subject in provocative ways, and map out the potential directions of travel. They are relevant but also visionary.
Taking stock of the quiet revolution that has taken place in the field of organizational law over the last few decades, this erudite Research Agenda presents a critical overview of the current state of organizational law and explores the increasingly flexible structures and capabilities of modern organizations.
Explaining and evaluating new possibilities in modern organizational law, the book demonstrates that legal organizations are much more generative than widely recognized, with the capacity to enable new configurations that combine several legal transactional techniques. Chapters consider the implications of this flexibility for monitoring, regulation, and reform, examine the effects of modern transactional creativity on the rest of the legal system, suggest how organizational statutes might be harmonized, introduce non-traditional uses of modern organizations like LLCs, and propose novel ways to regulate organizations. The book ultimately highlights that the formlessness and adaptability of modern legal organizations is the foundation for a significant body of future research on the evolving role of legal entities.
This path-breaking Research Agenda will prove invaluable to academics and students of company law, partnership law, and agency law, as well as transactional lawyers and analysts of organizations in other fields. Its extensive critical analysis will benefit all those who use, study, and regulate modern legal organizations.
Taking stock of the quiet revolution that has taken place in the field of organizational law over the last few decades, this erudite Research Agenda presents a critical overview of the current state of organizational law and explores the increasingly flexible structures and capabilities of modern organizations.
Explaining and evaluating new possibilities in modern organizational law, the book demonstrates that legal organizations are much more generative than widely recognized, with the capacity to enable new configurations that combine several legal transactional techniques. Chapters consider the implications of this flexibility for monitoring, regulation, and reform, examine the effects of modern transactional creativity on the rest of the legal system, suggest how organizational statutes might be harmonized, introduce non-traditional uses of modern organizations like LLCs, and propose novel ways to regulate organizations. The book ultimately highlights that the formlessness and adaptability of modern legal organizations is the foundation for a significant body of future research on the evolving role of legal entities.
This path-breaking Research Agenda will prove invaluable to academics and students of company law, partnership law, and agency law, as well as transactional lawyers and analysts of organizations in other fields. Its extensive critical analysis will benefit all those who use, study, and regulate modern legal organizations.
Critical Acclaim
‘Organisations are at the heart of private law. This book takes an inspiring new look at them - broader and more fundamental than ever before, and from a highly innovative transactional perspective. Shawn Bayern has achieved nothing less than a rediscovery of the anatomy of organisations: A must read, especially for corporate lawyers!’
– Florian Möslein, Philipps University of Marburg, Germany
‘In A Research Agenda for Organizational Law, Professor Bayern takes a fresh look at relatively entrenched legal doctrine: the law of business associations. He finds this body of law significant, complex, and (in certain aspects) suboptimal. His precise, clear, suggestions for reform are responsive and realizable. A worthy read for policy makers, business law academics, and lawyers alike.’
– Joan Heminway, The University of Tennessee, US
‘Bayern is the Lewis Carrol of corporate law. Each step in the argument is commonsensical, but the journey somehow leads you through the looking glass. Take private ordering for example. LLCs have proliferated in recent years, even as courts have allowed waiver of once-mandatory corporate law rules. The virtue of this system is flexibility and its vice is that vulnerable individuals may find it even harder to protect their interests, right? Bayern shows the opposite, how the contractualization of organizational law may lead to a hardening of organizational structures – often to the benefit of the least powerful members of our society.’
– Andrew Verstein, UCLA School of Law, US
– Florian Möslein, Philipps University of Marburg, Germany
‘In A Research Agenda for Organizational Law, Professor Bayern takes a fresh look at relatively entrenched legal doctrine: the law of business associations. He finds this body of law significant, complex, and (in certain aspects) suboptimal. His precise, clear, suggestions for reform are responsive and realizable. A worthy read for policy makers, business law academics, and lawyers alike.’
– Joan Heminway, The University of Tennessee, US
‘Bayern is the Lewis Carrol of corporate law. Each step in the argument is commonsensical, but the journey somehow leads you through the looking glass. Take private ordering for example. LLCs have proliferated in recent years, even as courts have allowed waiver of once-mandatory corporate law rules. The virtue of this system is flexibility and its vice is that vulnerable individuals may find it even harder to protect their interests, right? Bayern shows the opposite, how the contractualization of organizational law may lead to a hardening of organizational structures – often to the benefit of the least powerful members of our society.’
– Andrew Verstein, UCLA School of Law, US
Contents
Contents:
Preface
Acknowledgements xv
List of Abbreviations—Dramatis Personae
1 Introduction to modern organizational law
2 Harmony and disharmony in organizational law
3 The possibilities of modern legal organizations
4 The consequences of modern legal organizations
5 Regulating modern legal organizations
Index
Preface
Acknowledgements xv
List of Abbreviations—Dramatis Personae
1 Introduction to modern organizational law
2 Harmony and disharmony in organizational law
3 The possibilities of modern legal organizations
4 The consequences of modern legal organizations
5 Regulating modern legal organizations
Index
