Copyright (c) 1997 Cornell Law Review
Cornell Law Review
BOOK REVIEW: COMMUNITY AND STATISM: A CONSERVATIVE CONTRACTARIAN CRITIQUE OF PROGRESSIVE CORPORATE LAW SCHOLARSHIP
Progressive Corporate Law. Edited by Lawrence E. Mitchell. Boulder, Colo.: Westview Press, 1995. Pp. xx, 313.
82 Cornell L. Rev. 856
Stephen M. Bainbridge *
Over the last few decades, law and economics scholars have mounted a largely successful hostile takeover of the corporate legal academy. Although both traditionalists and leftists have fought separate rear-guard actions against the law and economics movement for many years, the principal resistance is currently offered by a group of relatively young academics loosely centered around the corporate law faculties of the Washington & Lee and George Washington law schools. George Washington University law professor Lawrence Mitchell has brought together ten of the most prominent of these scholars in a new volume that provides a useful introduction to the genre. 1
Reviewing a collection of essays is never an easy task, but the task here is made especially complex by the remarkable diversity among Progressive Corporate Law's contributing authors. These scholars are far more firmly united by what they oppose - Chicago-style law and economics - than by what they support. 2 Nonetheless, at least some of Progressive Corporate Law's authors are groping towards a common set of ideas, albeit one that is perhaps more accurately labelled as "communitarian" than "progressive." 3 This Essay, therefore, does not purport to offer a comprehensive review of Progressive Corporate Law or any specific article therein, but rather uses some of those articles as a jumping-off point for an extended critique of progressive communitarian theories of corporate law.
I have been privileged to participate in both formal and informal conversations with some of the nation's best progressive corporate ...
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