Call for Papers ; Developments in Corporate & Financial Law Jindal Global Law Review

Jindal Global Law School (JGLS) has invited paper for Jindal Global Law Review (ISSN 0975-2498). The journal is published bi-annually and is double – peered reviewed journal. The aim of JGLR is to publish inter-disciplinary scholarship at the intersections of legal theory, critical theory, political economy, international relations and the humanities. The journal lays emphasis on publishing work that is at the cutting edge of doctrinal, theoretical and empirical research.The subject expert of JGLS faculty edits the Journal. The theme of the Journal is on a contemporary topic to rigorously explore its legal, political, social, economic and policy dimensions.JGLR encourages scholars and researchers from disciplines other than the law to contribute their work to the journal.Themes of the Papers Through the 1980s and into the 21st century, a number of wide, sweeping changes have been witnessed in the way how corporations are governed. Whether it is the shareholder value maxim that emerged in the 1980s, or the corporate governance failures that led to the Sarbanes-Oxley Act of 2002 and the legislations it inspired, or the Dodd-Frank Act of 2010 which considers shareholder empowerment and enhanced executive pay disclosure, the law related to corporations is one that is in a constant state of flux.A number of issues in corporate and financial law continue to generate lively debate amongst scholars across the world. This issue of the Jindal Global shall examine developments in corporate and financial law in the 21st century, the changes in perspectives and the law that have taken place in the last decade and how such developments may have a considerable impact in the manner in which corporations are governed in the foreseeable future. We welcome papers on the following themes:Corporate Jurisprudence With Berle and Means’ seminal work in 1932, followed by Merrick Dodd’s response, the debate as to whether corporations exist for the sole purpose of maximizing shareholder wealth or also for the purposes of social welfare continues to rage. The application of the stakeholder primacy model in alternative forms of businesses such as community-based enterprises or microfinance institutions would be of considerable interest.Corporate Social Responsibility Another issue that dogs current developments in the corporate jurisprudence is that of corporate social responsibility. Section 135 of the Indian Companies Act, 2014 mandates companies meeting certain requirements to compulsorily contribute to corporate social responsibility (CSR) activities, or explain the failure to do so. This mandatory provision in Indian law in question has been met with considerable resistance from the industry.Financial Sector Reforms A vibrant and efficient financial sector is the prerequisite for a strong economy. The economic reforms and the second wave of liberalisation that India is presently embracing calls for more efficient and inclusive financial system. Additionally, the recent financial crisis has brought the deficiencies in the financial regulation to the fore. The policy makers in India seem to have taken note of these exigencies and thus have proposed changes in the financial sector regulatory structure by way of Financial Sector Legislative Reform Commission (FSLRC) report. In the backdrop of the mentioned developments, it has now become pertinent to scrutinise laws and regulations in the financial sector globally in order to support and strengthen economies.Path-dependency in Corporate Governance China and India and countries at similar positions are faced with similar challenges to maintain the aggressive rates of economic growth. While these countries attained economic independence in the late 1940s, each followed a different course in terms of growth. For example, China preferred to open up its economy to FDI much earlier and only in recent times, has it turned towards domestic capital. India, on the other hand, began by attempting to develop local talent and began focusing on foreign participation in 1991. The political and economic background and the resultant corporate governance paths undertaken by countries in the same vein of growth may be examined.Board Composition and Diversity The constituent elements of the board of directors, as an agent for shareholders have been well established post the Sarbanes-Oxley Act of 2002. The introduction of independent directors and a committee structure at the board level and task specific requirements for committee composition have brought up interesting questions in both developed as well as emerging economies. At the same time, gender diversity on corporate boards has become a global issue. In countries such as the U.S., Australia, U.K. and more recently, Canada, regulations require listed companies to disclose their diversity policy in their annual reports.Related Party Transactions A major issue faced by companies, particularly those with concentrated shareholding, is the...

Call for Papers ; Developments in Corporate & Financial Law Jindal Global Law Review

Nikita Hora

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