Making the Corporation Safe for Shareholder Democracy

Authors

Lisa Fairfax, University of Pennsylvania Carey Law SchoolFollow

Document Type

Article

Publication Date

2008

Abstract

This article considers the effect that increased shareholder activism may have on non-shareholder corporate stakeholders such as employees and consumers. One of the most outspoken proponents of increased shareholder power has argued that such increased power could have negative repercussions for other corporate stakeholders because it would force directors to focus on profits without regard to other interests. This article critically examines that argument. The article acknowledges that increased shareholder power may benefit some stakeholders more than others, and may have some negative consequences. However, this article demonstrates that shareholders not only have interests that align with other stakeholders, but also introduces empirical evidence suggesting that shareholders may use their increased power to advance the interests of other stakeholders. Thus, this article debunks the notion that increased shareholder power is necessarily problematic for non-shareholder stakeholders.

Keywords

corporations, securities law & regulation, shareholders, voting power, corporate governance, stakeholders

Publication Title

Ohio State Law Journal

Publication Citation

69 Ohio St. L.J. 53 (2008).

Repository Citation

Fairfax, Lisa, "Making the Corporation Safe for Shareholder Democracy" (2008). All Faculty Scholarship. 2452.
https://scholarship.law.upenn.edu/faculty_scholarship/2452