Corporate law corporate governance and FInancial law

CORPORATE LAW,
CORPORATE GOVERNANCE
& FINANCIAL LAW

30

CELEBRATING

YEARS

OF INDEPENDENT
PUBLISHING

2017 New Titles & Selected Backlist
www.e-elgar.com

www.elgaronline.com

www.elgarblog.com


Corporate Governance
NEW

NEW

Corporate Governance, The Firm
and Investor Capitalism

Corporate Accountability
The Role and Impact of Non-Judicial

Grievance Mechanisms

Legal-Political and Economic Views
Alexander Styhre, University of Gothenburg,
Sweden
The shift from managerial capitalism to investor
capitalism, dominated by the finance industry and
finance capital accumulation, is jointly caused by a
variety of institutional, legal, political, and ideological
changes, beginning with the 1970s’ downturn of
the global economy. This book traces how the
incorporation of businesses within the realm of the state leads to both certain
benefits, characteristic of competitive capitalism, and to the emergence of new
corporate governance problems emerges. Contrasting economic, legal, and
managerial views of corporate governance practices in contemporary capitalism,
the author examines how corporate governance has been understood and
advocated differently during the New Deal era, the post-World War II economic
boom, and after 1980 in the era of free market advocacy.
Oct 2016 296 pp Hardback 978 1 78536 401 3 £85.00
Elgaronline 978 1 78536 402 0

Karin Lukas, Barbara Linder, Ludwig Boltzmann
Institute of Human Rights, Astrid Kutrzeba,
Kpunkt Training GmbH and Claudia Sprenger,
Ludwig Boltzmann Institute of Human Rights,
Austria
Whilst many of us would agree that human rights are
more important than corporate profits, the reality
is often different; such realities as child labour and
environmental destruction caused by corporate activities make this patently

clear. Recognising that balancing human rights and business interests can be
problematic, Corporate Accountability considers the limits of existing complaint
mechanisms and examines non-judicial alternatives for conflict resolution.
Nov 2016 c 432 pp Hardback 978 1 78643 192 9 c £100.00
Elgaronline 978 1 78643 193 6

New Perspectives on the Modern Corporation series

Human Rights
and Corporate Wrongs

NEW

Closing the Governance Gap

Research Handbook on Transnational Corporations

Simon Baughen, Swansea University, UK

Edited by Alice de Jonge, Monash University, Australia
and Roman Tomasic, University of South Australia and Durham Law
School, UK
Transnational corporations (TNCs) have moved to the forefront of regulatory
governance both within states and in the international arena. The Research
Handbook on Transnational Corporations provides expert background
commentary and up-to-date insights into regulatory frameworks impacting on
TNCs at global, industry and national levels. Written by global experts in their
field, this unique collection of essays provides in-depth understanding of how
the forces of globalisation affect the world’s largest corporations, and how those
corporations, in turn, shape globalisation.

Jan 2017 c 456 pp Hardback 978 1 78347 690 9 c £140.00
Elgaronline 978 1 78347 691 6

‘This book will be an important resource for scholars
and practitioners alike in the emerging field of
business and human rights. Simon Baughen’s careful
and comprehensive analysis of the US and UK case
law on corporate responsibility for human rights
abuses is invaluable.’
– Claire Methven O’Brien, The Danish Institute
for Human Rights
2015 304 pp Hardback 978 0 85793 475 8 £80.00
Elgaronline 978 0 85793 476 5
Corporations, Globalisation and the Law series

Corporate Social Responsibility,
Private Law and
Global Supply Chains

Research Handbooks on Globalisation and the Law series

NEW IN PAPERBACK

Andreas Rühmkorf

Research Handbook
on Transparency

2015 288 pp Hardback 978 1 78347 749 4 £80.00
Elgaronline 978 1 78347 750 0

Corporations, Globalisation and the Law series

Edited by Padideh Ala’i and Robert G. Vaughn,
American University Washington College
of Law, US

Enhancing Firm
Sustainability
Through Governance

‘”Transparency” has multiple, contested meanings.
This broad-ranging volume accepts that complexity
and thoughtfully contrasts alternative views through
conceptual pieces, country cases, and assessments
of policies – such as freedom of information laws,
whistleblower protections, financial disclosure, and
participatory policymaking procedures.’

The Relational Corporate
Governance Approach
Francesco de Zwart

– Susan Rose-Ackerman, Yale University Law School, US
2014 432 pp Hardback 978 1 78100 793 8 £140.00
2016 Paperback 978 1 78347 785 2 £40.00
Elgaronline 978 1 78100 794 5

2015 464 pp
Hardback 978 1 78471 551 9 £100.00
Elgaronline 978 1 78471 552 6

Corporations, Globalisation and the Law series

Elgar Research Reviews

www.elgaronline.com

Exclusively on Elgaronline as part of our eBook collections.
Research Reviews are exclusive to Elgaronline as part of our eBook collections.
Each one consists of a detailed article authored by a leading expert that outlines
the field of research, and a list of their recommended readings. The content is
fully referenced and searchable, with smart linking to locate resources in your
library, on publisher platforms, repositories, the open web and Google Scholar.
Research Reviews are available in print in the form of our Research Collections.
Each Research Collection is a single print work that includes an introduction by the
editor and, in addition, the full text of recommended readings.

To order, telephone: +44 1235 465500

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•
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World renowned experts research and select the most
important readings
Detailed essays written by experts outline the evolution
of the disciplines
Saves days of preliminary research
Quickly find resources, discover alternative versions
Share and print articles and export citations.
Ideal for use in courses or for course preparation.

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Corporate Law
NEW

KEY TITLE

Comparative Insolvency Law

Limited Liability

The Pre-pack Approach
in Corporate Rescue

A Legal and Economic Analysis
Stephen M. Bainbridge, University

of California, Los Angeles
and M. Todd Henderson, University
of Chicago, US

Bo Xie, University of Dundee, UK

‘Bainbridge and Henderson have given us one
of the most important books on one of the most
important contemporary legal issues, the liability
of individual and corporate shareholders for
corporate debts. There is no issue in corporate law
more subject to uncertainty and no issue more
likely to be litigated. No single book has ever attempted, much less carried off,
the complete historical, international, economic and legal theoretical exegesis
of limited liability, which these two authors do with range, depth, confidence
and even a bit of panache. This monograph, of crucial interest both to scholars
and practitioners, will become an instant classic and an immediate authority.’
– Stephen B. Presser, Northwestern University
and author of Piercing the Corporate Veil

‘The focus of this text is on the pre-pack strategy, but
the author sensibly locates this analytical spotlight
within the broader environment of corporate
insolvency law, particularly the rescue context. Bo Xie
engages fully with the heated debate(s) associated
with pre-packs and supports her analysis with
extensive underpinning research drawn from scholarly
literature, practitioner insights and policy documents.
The work is lucid and comprehensive with a strong comparative element.
Deserving of wide readership, It is an essential primary point of reference for any

future discourse within the field.’
– David Milman, Lancaster University, UK
Nov 2016 c 328 pp Hardback 978 1 78100 737 2 £95.00
Elgaronline 978 1 78100 738 9

2016 c 336 pp Hardback 978 1 78347 302 1 £90.00
Elgaronline 978 1 78347 303 8

Research Handbook on
Mergers and Acquisitions

NEW KEY TITLE

Edited by Claire A. Hill, University of Minnesota
Law School and Steven Davidoff Solomon,
University of California, Berkeley,
School of Law, US

European Insolvency Law
Reform and Harmonisation
Gerard McCormack, Andrew Keay and Sarah Brown,
University of Leeds, UK
‘This is an important and timely document which will serve as a highly valuable
resource and reference point for many types of user in the years to come. The
comprehensive coverage of the insolvency laws of all current Member States
of the EU, plus the two comparator jurisdictions, on the key topics selected for
analysis provides the most complete picture of the current state of law and
practice to have been compiled. The involvement of national experts from all
the jurisdictions surveyed ensures that this study is both authoritative and
reliable, as well being commendably up-to-date (to the closing weeks of 2015).

The numerous comparative tables, giving accessible insight into the workings
of so many diverse jurisdictions “at a glance”, backed up by detailed textual
analysis and comment, combine to deliver a vital reference tool for policy
reformers and legislators, as well as for scholars and researchers exploring the
areas of business failure and insolvency, and consumer over-indebtedness, in
an increasingly globalised and inter-connected world.’
– Ian Fletcher, University College London, UK
Jan 2017 c 464 pp Hardback 978 1 78643 330 5 c £105.00
Elgaronline 978 1 78643 331 2

– Jennifer Hill, The University of Sydney, Australia
2016 496 pp Hardback 978 1 78471 147 4 £150.00
Elgaronline 978 1 78471 148 1
Research Handbooks in Corporate Law and Governance series

NEW IN PAPERBACK

Research Handbook
on Directors’ Duties
Edited by Adolfo Paolini, University of
Buckingham Law School, UK

RESEARCH COLLECTION

Economics of Corporate Law
Edited by Claire A. Hill and
Brett H. McDonnell, University of Minnesota
Law School, US
Scholarly analysis of corporate law in the United
States has come to be dominated by an economic

approach. Professor Hill and Professor McDonnell
here draw together seminal articles which
represent major milestones along the road that
economics has traveled in coming to play this
central role in corporate law scholarship. The
focus is on the analysis of corporate law, drawing
mainly upon legal scholarship and particularly on
US scholarship, which is the originator of the application of modern economic
analysis to corporate law and has had much influence in other countries.
31 articles, dating from 1931 to 2006
Contributors include: L.A. Bebchuk, A.A. Berle, Jr., B.S. Black, H. Hansmann,
R. Kraakman, H. Manne, M.J. Roe, R. Romano, O. Williamson
Series no. 50 Two volume set 2016 1,600 pp
Hardback 978 1 78536 148 7 £485.00

Directors’ duties and liabilities have become the
centre of a general legal discussion following
the 2008 financial scandal that resulted in global
recession. Questions have arisen regarding the ways
in which the directors of the world’s major financial
institutions have handled their duties and how their
decisions have impacted investors, shareholders and
consumers. This detailed Handbook discusses the
nature of the relationship between a company and its directors, assessing issues
such as how duties are discharged, liabilities that may arise and what interests
directors should consider before embarking on commercial ventures.
2014 384 pp Hardback 978 1 78100 440 1 £130.00
2016 Paperback 978 1 78471 151 1 £35.00
Elgaronline 978 1 78100 441 8

Research Handbooks in Corporate Law and Governance series

Research Handbook on
Shareholder Power
Edited by Jennifer G. Hill
and Randall S. Thomas
2015 640 pp Hardback 978 1 78254 684 9 £220.00
Elgaronline 978 1 78254 685 6

Economic Approaches to Law series

Elgaronline 978 1 78536 149 4
Digital version available exclusively on Elgaronline as a Research Review.
For more details see page 1.

To order, telephone: +44 1235 465500

‘In this book, a group of eminent scholars brings
takeovers back to the forefront of corporate
governance debate. The book examines M&A from
a range of perspectives – historical, economic, legal,
transactional and comparative. It pays particular
attention to how legal doctrine affects M&A deals in
the real world, and assesses the impact of contemporary developments, such as
the rise of shareholder activism. Highly recommended for all those interested in
corporate governance generally, and M&A in particular.’

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Corporate Law

Banking & Financial Law

Joint Venture
Strategies

KEY TITLE

Yeowart and Parsons on the Law
of Financial Collateral

Design,
Bargaining,
and the Law

Geoffrey Yeowart, Hogan Lovells International LLP and
Robin Parsons, Sidley Austin LLP with Edward Murray, Allen & Overy
LLP and Hamish Patrick, Shepherd and Wedderburn LLP, UK

Zenichi Shishido,
Hitotsubashi

University,
Munetaka Fukuda,
Solar Frontier and
Masato Umetani,
Fuji Xerox Co. Ltd, Japan

‘Written by exceptionally experienced practitioners in the field of finance, this
enormously expert work is the ultimate answer to all questions anybody could
ask about the law of financial collateral in England and Scotland, a stupendous
achievement.’
– Philip R. Wood, CBE, QC (Hon), Special Global Counsel,
Allen & Overy LLP, London, UK

‘Joint Venture Strategies: Design, Bargaining, and
the Law is a thoughtful approach to negotiating
workable joint ventures. Significant detail is
devoted to performing appropriate preparatory
activities to improve the range of terms that could
be considered in forging contractual agreements.
The book sets realistic expectations for firms who
might cooperate with partners by delineating the
pitfalls of venturing and anticipating the posturing
of potential parties with the objective of creating
synergistic returns for all. Company examples
inform their explanations of how to structure
controls and share the benefits of working with
partners. Special detail is devoted to the needs of
venture capital and private equity investors. The
book is necessary homework to be read before
courting attractive opportunities through joint

ventures.’

2016 904 pp Hardback 978 1 78254 631 3 £225.00
Elgaronline 978 1 78254 632 0
Elgar Financial Law and Practice series

NEW

Bank Funding,
Liquidity,
and Capital
Adequacy

International Investment
Law and the Global Financial
Architecture
Edited by Christian J. Tams, University of
Glasgow, UK, Rainer Hofmann, University of
Frankfurt, Germany and Stephan W. Schill,
University of Amsterdam, the Netherlands

A Law and Finance
Approach
José Gabilondo,
Florida International
University, US

– Kathryn Rudie Harrigan,
Columbia Business School, US
2015 320 pp Hardback 978 1 78347 503 2 £90.00

Elgaronline 978 1 78347 504 9

‘One of this book’s
greatest accomplishments is showing why banks
still matter: they provide a useful lens for truly
understanding our financial system. This book will
be indispensable for anyone interested in how
banks fund their operations. But it will be of equal
interest to those who want to understand what
led to the financial crisis of 2007–2009 and how
we may go about trying to prevent or at least
soften the next one.’

Company Law
in China
Regulation
of Business
Organizations in
a Socialist Market
Economy

– Manuel Utset, Florida State University, US
Oct 2016 c 176 pp
Hardback 978 1 78347 916 0 £65.00
Elgaronline 978 1 78347 917 7

JiangYu Wang
2014
416 pp Hardback
978 1 84980 572 8 95.00

2015 Paperback 978 1 78347 635 0 £35.00
Elgaronline 978 1 84980 573 5

Shadow
Banking in
China
Shen Wei, Shandong
University Law
School, China
‘Shadow banking has
become one of the
most important areas
of study in domestic and international finance.
China’s sector is recognised as particularly
significant, not least because of its size, and
potential to destabilise. This work by a leading
scholar contains a detailed factual explanation of
the sector, and places it in the context of China’s
financial and regulatory system as a whole.
The book is a valuable source of information
and analysis that will provide a solid basis for
practitioners, regulators and academics alike.’

2014 264 pp Hardback
978 1 78254 928 4
£75.00
Elgaronline
978 1 78254 929 1
Elgar Financial Law series

Elgar is one of the first academic book
publishers to be included in Scopus.
Scopus is the largest abstract and citation
database of peer-reviewed literature. At
launch, Elgar titles accounted for almost
2,000 of the 25,000 books included.

– Michael Waibel, University of Cambridge, UK
Feb 2017 c 384 pp
Hardback 978 1 78536 887 5 c £95.00
Elgaronline 978 1 78536 888 2

Frankfurt Investment and Economic Law series

Edited by
Barry Rider,
University of
Cambridge, UK

Risk, Regulation
and Policy

Jay Cullen

‘This timely book examines how investment law
rubs up against the global financial architecture.
The tension between state regulatory autonomy
and the review of states’ measures by investment
tribunals is often acute. For policymakers the
stakes are particularly high. The book offers an

admirable and comprehensive exploration of how
these two regimes with very different rationales
interact.’

Research
Handbook on
International
Financial
Crime

Elgar Financial Law series

Executive
Compensation
in Imperfect
Financial
Markets

To order, telephone: +44 1235 465500

NEW

– Sir William Blair,
Justice of the Queen’s Bench Division,
Commercial Court, President of the Board of
Appeal of the European Supervisory Authorities

‘Monumental and
magisterial are fitting descriptions for this book.
The editor and contributors provide extensive

knowledge and authoritative insight into the
ever-burgeoning field of financial and economic
crimes. With in-depth coverage on a national
and international scale of topics such as fraud,
financial and market governance, corruption,
money laundering, and civil and criminal
processes, this book delivers a compendious
guide for scholars, policymakers and practitioners
everywhere, as well as an unrelenting warning
about embedded societal risks of insecurity and
instability.’
– Clive Walker, School of Law,
University of Leeds, UK
2015 864 pp Hardback 978 1 78347 578 0 £215.00
Elgaronline 978 1 78347 579 7
Research Handbooks in Financial Law series

2016 480 pp Hardback 978 1 78471 676 9 £110.00
Elgaronline 978 1 78471 677 6

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Banking & Financial Law

Takaful and Islamic
Cooperative Finance

RESEARCH COLLECTIONS

Economics of Securities Law

Challenges and Opportunities

Edited by Geoffrey P. Miller, New York
University, School of Law, US

Edited by S. Nazim Ali, Hamad Bin Khalifa
University, Qatar and Shariq Nisar,
ITM Business School, Mumbai, India

Bringing together the most important articles from
leading authors in the field, Professor Geoffrey P.
Miller’s new collection, Economics of Securities
Law, is an essential resource for students, policymakers, and those interested in the history and
current status of the subject.
The papers included represent fundamental
contributions that shaped later thinking, illustrate
approaches that have proven durably influential,
or represent important challenges to conventional views. The collection also
explores new approaches, such as behavioral economics, alongside ‘Chicago
School’ papers, comparative analyses, and influential works by people
involved in the creation of laws governing modern securities markets.
38 articles, dating from 1933 to 2014

Contributors include: L.A. Bebchuk, J.C. Coffee, Jr., D.W. Diamond, F.H. Easterbrook,
E.F. Fama, D.R. Fischel, M.C. Jensen, W.F. Sharpe, R.J. Shiller, G.J. Stigler, J.L. Stiglitz
Series no. 49 Two volume set 2016 1,616 pp
Hardback 978 1 78347 181 2 £485.00
Economic Approaches to Law series

Elgaronline 978 1 78536 665 9
Digital version available exclusively on Elgaronline as a Research Review.
For more details see page 1.

‘This volume is probably the first of its kind in which
the topic of takaful – often neglected by literature – is
dealt with in a comprehensive fashion by leading
academics and practitioners. The strength of the
volume stems from its discussion of the ideas of
mutuality and cooperatives, legal and regulatory frameworks, and the potential
for takaful in social finance with a view towards sustainable development.
Professors Ali and Nisar deserve congratulations for making this important and
significant contribution to the literature on takaful.’
– Zamir Iqbal, The World Bank Global Islamic Finance Development Center, Turkey
2016 384 pp Hardback 978 1 78536 335 1 £95.00
Elgaronline 978 1 78536 336 8

Studies in Islamic Finance, Accounting and Governance series

Research Handbook
on Crisis Management
in the Banking Sector
Edited by Matthias Haentjens and
Bob Wessels, Leiden University, the Netherlands

‘This volume is the definitive work on banking sector
crisis management. It covers all recent legislative
developments and it provides cognate analysis
by leading experts on matters covering the whole
spectrum of bank crisis management, ranging from
early intervention and provision of emergency liquidity
assistance by the central bank to group resolution and
the workings of the Single Resolution Mechanism. Additionally, country reports
of all major jurisdictions such as Australia, the US, UK, Germany, Japan and China
provide comprehensive overviews of the current state. It will prove an invaluable
companion to all those seeking to demystify this most complex area of legal and
regulatory practice.’
– Emilios Avgouleas, University of Edinburgh, UK

Economics of Financial Law
Edited by Geoffrey P. Miller, New York
University, School of Law, US
Covering the most important areas of the subject,
such as financial crises, the nature of the banking
firm, and issues in bank regulation, Economics
of Financial Law is a comprehensive collection of
the papers that have shaped the field of financial
law. The original introduction by editor Professor
Miller provides a thorough and authoritative
examination of the material and, together with
the articles included, will prove to be an invaluable
resource for academics and practitioners alike.
41 articles, dating from 1977 to 2013
Contributors include: V. Acharya, A. Alesino, B.S. Bernanke, C. Calomiris, D. Diamond,
M. Gertler, C. Goodhart, M. Hellwig, R. Rajan, L.H. Summers

Series no. 48 Two volume set 2016 1,584 pp
Hardback 978 1 78347 182 9 £485.00
Economic Approaches to Law series

Elgaronline 978 1 78536 505 8
Digital version available exclusively on Elgaronline as a Research Review.
For more details see page 1.

NEW IN PAPERBACK

2015 640 pp Hardback 978 1 78347 422 6 £195.00
Elgaronline 978 1 78347 423 3
Research Handbooks in Financial Law series

The Law on Corporate Governance
in Banks
Iris H-Y Chiu and Michael McKee, with
contributions from Anna P. Donovan,
Rod Edmunds, Andreas Kokkinis, John Lowry,
Marc T. Moore, Arad Reisberg, Georgina Tsagas
and Edward Walker-Arnott
2015 384 pp Hardback 978 1 78254 885 0 £135.00
Elgaronline 978 1 78254 886 7

Research Handbook
on Secured Financing
in Commercial Transactions

Elgar Financial Law and Practice series

Edited by Frederique Dahan, European Bank
for Reconstruction and Development
‘No single-volume publication brings together as
many diverse and stimulating perspectives on secured
financing law as does this Research Handbook.
Its great strengths are asking hard questions and
recognizing how difficult reform is. Contributors
report on what works (and what doesn’t), drawing on
evidence from legal systems less often studied in this
context (e.g., Brazil, Morocco). I cannot imagine a researcher in the field who
would not be intrigued by analysis of such issues as access of women to secured
financing, constraints Shari ah places on use of security devices, and reasons for
Russia’s meandering path to modernization.’
– Peter Winship, Southern Methodist University, Dedman School of Law, US
2015 544 pp Hardback 978 1 78100 183 7 £150.00
Dec 2016 Paperback 978 1 78643 654 2 c £45.00
Elgaronline 978 1 78100 184 4

Research Handbook on
Sovereign Wealth Funds and
International Investment Law
Edited by Fabio Bassan
2015 456 pp Hardback 978 1 78195 519 2 £140.00
Elgaronline 978 1 78195 520 8

Research Handbook
on Partnerships, LLCs
and Alternative Forms
of Business Organizations
Edited by Robert W. Hillman

and Mark J. Loewenstein
2015 520 pp Hardback
978 1 78347 439 4 £180.00
Elgaronline 978 1 78347 440 0

Research Handbooks in Financial Law series

Research Handbooks in Corporate Law and
Governance series

To order, telephone: +44 1235 465500

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Law eBook Collection
2017 estimate

• 88 monographs
• 28 Research Handbooks
• 20 Research Reviews
Book Total = 136
2016
• 82 monographs
• 26 Research Handbooks
• 16 Research Reviews
Book Total = 124
2015
• 74 monographs
• 25 Research Handbooks
• 12 Research Reviews
Book Total = 111

2013
• 83 monographs
• 15 Research Handbooks
• 2 Ref/Dictionaries
• 16 Research Reviews
Book Total = 116
2012 and before
• 310 monographs
• 46 Research Handbooks
• 2 Encyclopedia
• 1 Ref/Dictionary
• 1 Commentary
• 34 Research Reviews
Book Total = 394

2014
• 11 Research Handbooks
• 1 Ref/Dictionary
• 2 Commentaries
• 12 Research Reviews
Book Total = 92

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