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The Cambridge Handbook of Social Enterprise Law

$156.00 ( ) USD

Benjamin Means, Joseph W. Yockey, Elizabeth Pollman, Brian Galle, John E. Tyler, Brett H. McDonnell, Robert C. Hockett, Carol Liao, Nina Boeger, Alicia E. Plerhoples, Lloyd Hitoshi Mayer, Anne M. Tucker, Joan MacLeod Heminway, Andrew A. Schwartz, Dana Brakman Reiser, Steven A. Dean, Peter Molk, Tamara C. Belinfanti, Cassady V. Brewer, Kyle Westaway, Andrew S. Gold, Paul B. Miller, Lyman Johnson, Omari Scott Simmons, J. Haskell Murray, Charles M. Yablon, Benjamin Moses Leff, Antony Page, Sarah Dadush
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  • Date Published: January 2019
  • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • format: Adobe eBook Reader
  • isbn: 9781316953167
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About the Authors
  • 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.

    • Provides a diverse set of legal perspectives in the emerging social enterprise field
    • Contains contributions from US and international scholars and practitioners which will appeal to readers in the US, UK, Europe, and elsewhere
    • The book will serve as a one-stop legal resource for scholars and practitioners working in social enterprise and corporate law
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    Reviews & endorsements

    ‘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

    Customer reviews

    18th May 2019 by PhillipTaylor

    AN OUTSTANDING HANDBOOK ON THE DIFFERENT ASPECTS OF SOCIAL LAW An appreciation by Elizabeth Robson Taylor of Richmond Green Chambers and Phillip Taylor MBE, Head of Chambers and Reviews Editor, “The Barrister” The publishers, Cambridge University Press, have identified that growing numbers of employees, consumers, and investors look for “companies to be truly good”. Such a mark of excellence is very much in keeping with modern corporate policy, so we welcome this book edited by Benjamin Means and Joseph W Yockey and the 27 contributors to this work. The authors state in this excellent and valuable new handbook that “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”. Such views are clearly the wave of the future for good corporate governance. Yet, unlike traditional business ventures, social enterprises do not have an obligation to maximize profits, even for the long-term. In this comprehensive volume, the editors Means and Yockey have drawn together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The latest Cambridge Handbook covering Social Enterprise Law has rightly been described as taking stock of the field and it charts a course for its future development. We feel that the handbook will be of general interest to a very wide readership in the future, and 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. The 27 expert contributors have covered some important areas for those researching or practising in the main areas of social law. They include the following: providing a diverse set of legal perspectives in the emerging social enterprise field contributions from the United States of America and international scholars and practitioners which will appeal to readers in America, the UK, Europe, and elsewhere. We consider that this title will serve as a one-stop legal resource for scholars and practitioners working in social enterprise and corporate law and will be a welcome addition to your law library. This hardback book was first published on 3rd January 2019.

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    Product details

    • Date Published: January 2019
    • format: Adobe eBook Reader
    • isbn: 9781316953167
    • contains: 4 b/w illus. 5 tables
    • availability: This ISBN is for an eBook version which is distributed on our behalf by a third party.
  • Table of Contents

    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.

  • Editors

    Benjamin Means, University of South Carolina School of Law
    Benjamin Means is a Professor of Law at the University of South Carolina School of Law. He teaches business associations, mergers and acquisitions, contracts, and family business law. His scholarship appears in journals including the Emory Law Journal, the Georgetown Law Journal, the Vanderbilt Law Review, and the Washington University Law Review. He serves on the executive committee of the American Association of Law Schools Section on Business Associations. Professor Means practiced law at Davis Polk & Wardwell LLP and Satterlee Stephens LLP, and he clerked for Judge Rosemary S. Pooler (United States Court of Appeals for the Second Circuit).

    Joseph W. Yockey, University of Iowa School of Law
    Joseph W. Yockey is a Professor of Law and the Michael and Brenda Sandler Faculty Fellow in Corporate Law at the University of Iowa School of Law. He teaches courses on business associations, compliance, and higher education, and he has been voted law school professor of the year. He writes extensively on social enterprise law and corporate governance. Professor Yockey practiced corporate litigation at Sidley Austin LLP in Chicago, Illinois, and he clerked for Judge John Daniel Tinder (formerly United States Court of Appeals for the Seventh Circuit).

    Contributors

    Benjamin Means, Joseph W. Yockey, Elizabeth Pollman, Brian Galle, John E. Tyler, Brett H. McDonnell, Robert C. Hockett, Carol Liao, Nina Boeger, Alicia E. Plerhoples, Lloyd Hitoshi Mayer, Anne M. Tucker, Joan MacLeod Heminway, Andrew A. Schwartz, Dana Brakman Reiser, Steven A. Dean, Peter Molk, Tamara C. Belinfanti, Cassady V. Brewer, Kyle Westaway, Andrew S. Gold, Paul B. Miller, Lyman Johnson, Omari Scott Simmons, J. Haskell Murray, Charles M. Yablon, Benjamin Moses Leff, Antony Page, Sarah Dadush

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