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"Nexus of contracts"
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Public Entrepreneurs
by
Michael Mintrom
,
Mark Schneider
,
Paul Teske
in
Barriers to entry
,
Behavioral economics
,
Betterment
2011,1995
Seizing opportunities, inventing new products, transforming markets--entrepreneurs are an important and well-documented part of the private sector landscape. Do they have counterparts in the public sphere? The authors argue that they do, and test their argument by focusing on agents of dynamic political change in suburbs across the United States, where much of the entrepreneurial activity in American politics occurs. The public entrepreneurs they identify are most often mayors, city managers, or individual citizens. These entrepreneurs develop innovative ideas and implement new service and tax arrangements where existing administrative practices and budgetary allocations prove inadequate to meet a range of problems, from economic development to the racial transition of neighborhoods. How do public entrepreneurs emerge? How much does the future of urban development depend on them? This book answers these questions, using data from over 1,000 local governments.
The emergence of public entrepreneurs depends on a set of familiar cost-benefit calculations. Like private sector risk-takers, public entrepreneurs exploit opportunities emerging from imperfect markets for public goods, from collective-action problems that impede private solutions, and from situations where information is costly and the supply of services is uneven. The authors augment their quantitative analysis with ten case studies and show that bottom-up change driven by politicians, public managers, and other local agents obeys regular and predictable rules.
THE CORPORATION'S GOVERNMENTAL PROVENANCE AND ITS SIGNIFICANCE
2019
Corporations cannot exist, scholars rightly note, without being constituted by government. However, many take a further step, claiming that corporations are normatively distinct from other market actors because of this governmental provenance. They are mistaken. Like corporations, markets and contracts also require government for their creation. Governmental provenance does not distinguish corporations normatively because our coercive social institutions are pro tanto justified in re-arranging both corporate and non-corporate market activities on behalf of social and political values. The corporation is distinct only practically and prudentially, in that it represents a more proximate instrument for effecting morality in the economy.
Journal Article
Corporate Social Responsibility: A Fake Already According to the Theory of the Firm?
2019
This paper asks if we can support by argument the norm \"we should hold firms responsible\". From a critical rationalist perspective, answering this question has an ethical and an empirical dimension. The ethical dimension discusses whether we should hold firms socially responsible for ethical reasons. However, since demanding that we should hold firms responsible requires that we can hold them responsible, this paper focuses on this empirical dimension. Thus, this paper asks whether we can hold firms responsible for theoretical reasons. Theoretical reasons means that this paper refers to theories of the firm and in particular to their hypotheses about the behaviour of firms and firm members. The paper finds that the nexus of contracts approach (which is the economic mainstream theory of the firm) ascribes behaviour to the firm that corresponds to the firm members' behaviour. In consequence, we would not have reasons to ascribe responsibility to the firm from a social science perspective. Since the nexus of contracts approach is not adequate from a critical rationalist perspective, however, this paper develops an extended corporate actors approach. In contrast to the nexus of contacts approach, the extended corporate actors approach ascribes behaviour to the firm that differs from firm members' actions. Thus, we do have reasons to ascribe responsibility to the firm from a social science perspective.
Journal Article
Corporate governance
2008,2009
Even in the wake of the biggest financial crash of the postwar era, the United States continues to rely on Securities and Exchange Commission oversight and the Sarbanes-Oxley Act, which set tougher rules for boards, management, and public accounting firms to protect the interests of shareholders. Such reliance is badly misplaced. In Corporate Governance, Jonathan Macey argues that less government regulation--not more--is what's needed to ensure that managers of public companies keep their promises to investors. Macey tells how heightened government oversight has put a stranglehold on what is the best protection against malfeasance by self-serving management: the market itself. Corporate governance, he shows, is about keeping promises to shareholders; failure to do so results in diminished investor confidence, which leads to capital flight and other dire economic consequences. Macey explains the relationship between corporate governance and the various market and nonmarket institutions and mechanisms used to control public corporations; he discusses how nonmarket corporate governance devices such as boards and whistle-blowers are highly susceptible to being co-opted by management and are generally guided more by self-interest and personal greed than by investor interests. In contrast, market-driven mechanisms such as trading and takeovers represent more reliable solutions to the problem of corporate governance. Inefficient regulations are increasingly hampering these important and truly effective corporate controls. Macey examines a variety of possible means of corporate governance, including shareholder voting, hedge funds, and private equity funds.
A contractual perspective on succession in family firms: a stakeholder view
2014
This paper analyses succession in family firms from a contractual perspective. A firm is regarded as a nexus of contractual relations with owners, employees, suppliers of goods and services and customers. These contractual parties are in differing degrees tied to the firm through asset specificities. Succession can affect the value of such assets. In this sense they become stakeholders with vested interests in the succession process. The theoretical discussion of affected stakeholders is backed up by a survey study of 143 Swedish family-owned businesses that have been subject to succession. The results show that the opinions of close shareholders such as family members and incumbent mangers as well as those of other stakeholders such as suppliers and customers are important.
Journal Article
Market rebels
2009,2008,2015
Great individuals are assumed to cause the success of radical innovations--thus Henry Ford is depicted as the one who established the automobile industry in America. Hayagreeva Rao tells a different story, one that will change the way you think about markets forever. He explains how \"market rebels\"--activists who defy authority and convention--are the real force behind the success or failure of radical innovations.
Rao shows how automobile enthusiasts were the ones who established the new automobile industry by staging highly publicized reliability races and lobbying governments to enact licensing laws. Ford exploited the popularity of the car by using new mass-production technologies.
Rao argues that market rebels also establish new niches and new cultural styles. If it were not for craft brewers who crusaded against \"industrial beer\" and proliferated brewpubs, there would be no specialty beers in America. But for nouvelle cuisine activists who broke the stranglehold of Escoffier's classical cuisine in France, there would have been little hybridization and experimentation in modern cooking.
Market rebels also thwart radical innovation. Rao demonstrates how consumer activists have faced down chain stores and big box retailers, and how anti-biotechnology activists in Germany penetrated pharmaceutical firms and delayed the commercialization of patents.
ReadMarket Rebelsto learn how activists succeed when they construct \"hot causes\" that arouse intense emotions, and exploit \"cool mobilization\"--unconventional techniques that engage audiences in collective action. You will realize how the hands that move markets are the joined hands of market rebels.
The twenty-first-century firm
2001,2009
Students of management are nearly unanimous (as are managers themselves) in believing that the contemporary business corporation is in a period of dizzying change. This book represents the first time that leading experts in sociology, law, economics, and management studies have been assembled in one volume to explain the varying ways in which contemporary businesses are transforming themselves to respond to globalization, new technologies, workforce transformation, and legal change. Together their essays, whose focal point is an emerging network form of organization, bring order to the chaotic tumble of diagnoses, labels, and descriptions used to make sense of this changing world.
Following an introduction by the editor, the first three chapters--by Walter Powell, David Stark, and Eleanor Westney--report systematically on change in corporate structure, strategy, and governance in the United States and Western Europe, East Asia, and the former socialist world. They separate fact from fiction and established trend from extravagant extrapolation. This is followed by commentary on them: Reinier Kraakman affirms the durability of the corporate form; David Bryce and Jitendra Singh assess organizational change from an evolutionary perspective; Robert Gibbons considers the logic of relational contracting in firms; and Charles Tilly probes the deeper historical context in which firms operate. The result is a revealing portrait of the challenges that managers face at the dawn of the twenty-first century and of how the diverse responses to those challenges are changing the nature of business enterprise throughout the world.
Securing Prosperity
2014,1999
We live in an age of economic paradox. The dynamism of America's economy is astounding--the country's industries are the most productive in the world and spin off new products and ideas at a bewildering pace. Yet Americans feel deeply uneasy about their economic future. The reason, Paul Osterman explains, is that our recent prosperity is built on the ruins of the once reassuring postwar labor market. Workers can no longer expect stable, full-time jobs and steadily rising incomes. Instead, they face stagnant wages, layoffs, rising inequality, and the increased likelihood of merely temporary work. In Securing Prosperity, Osterman explains in clear, accessible terms why these changes have occurred and lays out an innovative plan for new economic institutions that promises a more secure future.
Osterman begins by sketching the rise and fall of the postwar labor market, showing that firms have been the driving force behind recent change. He draws on original surveys of nearly 1,000 corporations to demonstrate that firms have reorganized and downsized not just for the obvious reasons--technological advances and shifts in capital markets--but also to take advantage of new, team-oriented ways of working. We can't turn the clock back, Osterman writes, since that would strip firms of the ability to compete. But he also argues that we should not simply give ourselves up to the mercies of the market.
Osterman argues that new policies must engage on two fronts: addressing both higher rates of mobility in the labor market and a major shift in the balance of power against employees. To deal with greater mobility, Osterman argues for portable benefits, a stronger Unemployment Insurance system, and new labor market intermediaries to help workers navigate the labor market. To redress the imbalance of power, Osterman assesses the possibilities of reforming corporate governance but concludes the best approach is to promote \"countervailing power\" through innovative unions and creative strategies for organizing employee voice in communities. Osterman gives life to these arguments with numerous examples of promising institutional experiments.
SPECIFIC INVESTMENT AND CORPORATE LAW
2006
At the close of the twentieth century, U.S. corporate scholarship was dominated by a principal-agent paradigm that assumed that shareholders were the principals or sole residual claimants in public corporations, and also assumed that corporate directors were the shareholders' agents. This approach led many corporate scholars to assume that the proper purpose of the corporation was to maximize shareholder wealth and that the chief economic problem of interest in corporate law was the “agency cost” problem of getting corporate directors to focus on this goal. There are basic aspects of U.S. corporate law, however, that the principal-agent model cannot explain. These include directors' extensive and sui generis legal powers; the fact that directors control dividends; the device of legal personality; and the open-ended rules of corporate purpose. These corporate law “anomalies” have prompted contemporary economic and legal scholars to begin to move beyond a focus on agency costs and to pay attention to a second economic problem that arises in public corporations: the problem of protecting specific investment. When corporate production requires more than one individual or group to make specific investments, problems of intrafirm opportunism arise if shareholders try to exploit each other's specific investments or try to exploit the specific investments of creditors, employees, customers, and other groups. Board governance, while worsening agency costs, may provide a second-best solution to such intrafirm rent-seeking. This perspective explains many important corporate law “anomalies” that cannot be explained by the principal-agent model. It also suggests a pressing need to revisit conventional notions of corporate purpose. Focusing on the problem of specific investment suggests that the proper purpose of the public corporation is not maximizing shareholder wealth, but promoting long-term, value-creating economic production under conditions of complexity and uncertainty, in a fashion that provides surplus benefits not only to shareholders but to other groups that make specific investments in corporations as well. This corporate objective is difficult to measure, much less maximize. Nevertheless, it may provide a better gauge of good corporate governance than the simplistic rubric of shareholder wealth.
Journal Article