Table of Contents

Contents:

Introduction to the Research Handbook on Corporate Liability 1
Martin Petrin and Christian A. Witting

PART I FOUNDATIONS
1 The company and its constituents 7
Susan Watson
2 Theoretical approaches to corporate liability 24
Martin Petrin
3 Corporate liability: a systems perspective 42
Christian A. Witting

PART II CORPORATE LIABILITY
4 Corporate law and statutory liability 62
Deirdre Ahern
5 Issuer liability: ownership structure and the circularity debate 82
Martin Gelter
6 Corporate criminal liability 100
Samuel W. Buell
7 Corporate tortious liability 116
Robert J. Rhee
8 Agency liability 136
Tan Cheng-Han
9 Attribution 156
Ernest Lim

PART III PERSONAL LIABILITY
10 Directors’ and officers’ liability under securities laws 174
Lisa M. Fairfax
11 Evolution of director oversight duties and liability under Caremark:
using enhanced information-acquisition duties in the public interest 194
Jennifer Arlen
12 Fiduciary liability and business judgment 222
Paul B. Miller
13 Review of directors’ business judgments 238
Joan Loughrey
14 Joint liability 257
Joachim Dietrich

PART IV VICARIOUS LIABILITY AND EXTENDED LIABILITY
15 Vicarious liability and corporations 275
Paula Giliker
16 Toward corporate group accountability 294
Virginia Harper Ho, Gerlinde Berger-Walliser and Rachel Chambers
17 Liability in the shipping industry 317
Martin Davies
18 Enterprise liability 332
Gregory C. Keating

PART V THE CLAIMS PROCESS
19 Overlapping remedies 353
Bert I. Huang
20 Jurisdiction and corporations: identifying an international standard 367
Richard Garnett

PART VI THE FUTURE OF CORPORATE LIABILITY
21 The future of corporate criminal liability in the ESG space 389
J.S. Nelson
22 Towards corporate digital responsibility 411
Florian Möslein
23 Accountability for AI labor 436
Mihailis E. Diamantis
24 The company and blockchain technology 449
Kelvin F.K. Low, Edmund Schuster and Wan Wai Yee

Index

About the Author

Edited by Martin Petrin, Dancap Private Equity Chair in Corporate Governance, University of Western Ontario, Canada and Christian A. Witting, Professor of Law, National University of Singapore, Singapore

Reviews

‘This is a comprehensive, informative, and insightful Research Handbook on a topic that is of growing importance and significance to corporations faced with ever more complex legal obligations and responsibilities.'
*Colin Mayer, University of Oxford, UK*

‘A must-read guide to the complex and highly impactful world of corporate liability, with contributions by leading scholars, and insights into the path of this evolving field of law and practice.’
*Brandon Garrett, Duke University School of Law, US*