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Vol 24 No 2 Feb/March 2019

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Pensions Law Handbook

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The Cambridge Handbook of Social Enterprise Law

Edited by: Benjamin Means, Joseph W. Yockey

ISBN13: 9781107186552
Published: February 2019
Publisher: Cambridge University Press
Country of Publication: UK
Format: Hardback
Price: £140.00

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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

Company Law
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.