“reliance on market discipline has an inherent paradox: the firms that would benefit most from governance constraints are precisely the ones that are subject to weak market discipline” 8 Harv. Bus. L. Rev. 131 (citing “Evidence from myriad studies and contexts”) #corpgov

— Stefan Padfield (@ProfPadfield) August 14, 2018

“With regard to punitive damages, did you find by clear and convincing evidence that Monsanto acted with malice or oppression in the conduct upon which you base your finding of liability in favor of Mr. Johnson? Answer, yes.” https://t.co/VwCAAr4tsj #corpgov

— Stefan Padfield (@ProfPadfield) August 14, 2018

“Musk’s plan to take Tesla private may be hurt by a bill just signed by Trump” https://t.co/BtR0z4d9DF #corpgov

— Stefan Padfield (@ProfPadfield) August 15, 2018

“Unlike statutes authorizing benefit corporations … no one has articulated a legal justification for benefit LLCs. Indeed, no plausible legal justification can be articulated.” https://t.co/uu8oBeWNTD #corpgov #socent

— Stefan Padfield (@ProfPadfield) August 15, 2018

The evidence is at least mixed on the efficiency effects of Warren-like proposals as they operate in Europe. And: our corporate law should not solely be concerned with efficiency. It must also serve our distributional aims, our values, our culture, and our nation. https://t.co/FQDDPeAQaH

— David Yosifon (@DavidYosifon) August 15, 2018