I just posted Does Stakeholder Capitalism Have a (Viewpoint) Diversity Problem?, U. Puerto Rico Bus. L.J. (forthcoming) on SSRN (here).  The abstract:

Does stakeholder capitalism have a viewpoint diversity problem? What follows constitutes an initial inquiry into that issue.

Following the Introduction, Part II provides an overview of the Free Enterprise Project’s (FEP’s) 2021 Investor Value Voter Guide, which focuses at least in part on both stakeholder capitalism and viewpoint diversity in a way that provides a good introduction to a perceived tension between the two. This part of the essay contains three sub-parts. Sub-parts A and B provide at least some support for connecting stakeholder capitalism (in all its forms) to partisanship as well as a lack of relevant viewpoint diversity. Sub-part C then unpacks specific proposals that the FEP is submitting and/or recommends supporting/opposing. This sub-part is further broken down into brief overviews of the FEP’s viewpoint diversity and stakeholder capitalism proposals.

Part III shifts attention to related research and commentary. This part includes four sub-parts (A-D). Sub-part A addresses the issue of stakeholder capitalism as greenwashing. Sub-part B addresses some of the possible problems caused by a lack of viewpoint diversity in stakeholder capitalism, including increasing societal divisions. Sub-part C then addresses the related issue of whether stakeholder capitalism is a partisan movement. Sub-part D proceeds to delve into some of the potential costs of stakeholder capitalism, including political backlash, increased litigation, loss of competitive advantage in the marketplace, and even potentially providing an on-ramp for some type of totalitarianism. Part IV provides concluding remarks.

 

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Photo of Colleen Baker Colleen Baker

PhD (Wharton) Professor Baker is an expert in banking and financial institutions law and regulation, with extensive knowledge of over-the-counter derivatives, clearing, the Dodd-Frank Act, and bankruptcy, in addition to being a mediator and arbitrator.

Previously, she spent time at the U. of…

PhD (Wharton) Professor Baker is an expert in banking and financial institutions law and regulation, with extensive knowledge of over-the-counter derivatives, clearing, the Dodd-Frank Act, and bankruptcy, in addition to being a mediator and arbitrator.

Previously, she spent time at the U. of Illinois Urbana-Champaign College of Business, the U. of Notre Dame Law School, and Villanova University Law School. She has consulted for the Federal Reserve Bank of Chicago, and for The Volcker Alliance.  Prior to academia, Professor Baker worked as a legal professional and as an information technology associate. She is a member of the State Bars of NY and TX. Read More