My latest entry in the Point of Law debate between myself and my friend Gordon Smith has now been posted. We really ought to find a law review that wants to sponsor a longer version of this debate, with footnotes and all that good stuff.
Posted on Wednesday, September 13 2006 |
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This was a very interesting discussion, thank you for doing it. It reinforces my impression that legal academic discourse is largely competitive story telling, but this was competitive story telling on a very informative level
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Having said that, the following statement of yours was both incorrect and a cheap shot:
“Consider Sarbanes-Oxley, the great triumph of corporate governance reformers.”
I don’t know a single serious corporate governance reformer who views SOx as a triumph, or even anything close to the best reform package that could have been done. There are some who think that on balance SOx may have done more good than bad (I am not one of them), but nobody seems to view it as anything better than a mediocre compromise.
Dear Professor Bainbridge,
As I have devoted a significant part of the last three years exploring the shareholder empowerment debate, I very much enjoyed the debate on Point of Law.
As Editor of The Corporate Governance Law Review, I would be very interested in publishing a fully-referenced version of the debate in the January 2007 edition.
Look forward to hearing from you-
This was a very interesting discussion, thank you for doing it. It reinforces my impression that legal academic discourse is largely competitive story telling, but this was competitive story telling on a very informative level
.
Having said that, the following statement of yours was both incorrect and a cheap shot:
“Consider Sarbanes-Oxley, the great triumph of corporate governance reformers.”
I don’t know a single serious corporate governance reformer who views SOx as a triumph, or even anything close to the best reform package that could have been done. There are some who think that on balance SOx may have done more good than bad (I am not one of them), but nobody seems to view it as anything better than a mediocre compromise.