Book contents
- Feminist Judgments: Corporate Law Rewritten
- Feminist Judgments Series Editors
- Advisory Panel for Feminist Judgments Series
- Feminist Judgments: Corporate Law Rewritten
- Copyright page
- Dedication
- Contents
- Advisory Panel for Feminist Judgments: Corporate Law Rewritten
- Notes on Contributors
- Acknowledgments
- About the Cover Art
- Table of Cases
- Part I Introduction and Overview
- Part II Legal Personality, Identity, and Limited Liability of Corporate Entities
- Part III Role and Purpose of the Corporation and Corporate Combinations in Society
- 4 Commentary on Dodge v. Ford Motor Company
- 5 Commentary on Merriam v. Demoulas Super Mkts.
- 6 Commentary on Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc.
- 7 Commentary on Agreement between Harvey Weinstein and The Weinstein Company Holdings LLC, as of October 20, 2015
- Part IV Fiduciary Duties in Corporate Governance
- Part V Closely Held Businesses and Other Considerations Regarding the Composition of Boards, Management, and Owners
- Part VI Protecting Investors and Potential Investors in Corporations
- Part VII From Foundations to Future Directions
- Index
5 - Commentary on Merriam v. Demoulas Super Mkts.
from Part III - Role and Purpose of the Corporation and Corporate Combinations in Society
Published online by Cambridge University Press: 15 January 2023
- Feminist Judgments: Corporate Law Rewritten
- Feminist Judgments Series Editors
- Advisory Panel for Feminist Judgments Series
- Feminist Judgments: Corporate Law Rewritten
- Copyright page
- Dedication
- Contents
- Advisory Panel for Feminist Judgments: Corporate Law Rewritten
- Notes on Contributors
- Acknowledgments
- About the Cover Art
- Table of Cases
- Part I Introduction and Overview
- Part II Legal Personality, Identity, and Limited Liability of Corporate Entities
- Part III Role and Purpose of the Corporation and Corporate Combinations in Society
- 4 Commentary on Dodge v. Ford Motor Company
- 5 Commentary on Merriam v. Demoulas Super Mkts.
- 6 Commentary on Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc.
- 7 Commentary on Agreement between Harvey Weinstein and The Weinstein Company Holdings LLC, as of October 20, 2015
- Part IV Fiduciary Duties in Corporate Governance
- Part V Closely Held Businesses and Other Considerations Regarding the Composition of Boards, Management, and Owners
- Part VI Protecting Investors and Potential Investors in Corporations
- Part VII From Foundations to Future Directions
- Index
Summary
Sunita Malepati’s commentary describes how number of minority shareholders brought suit against a family-owned supermarket, Market Basket, with a history of treating employees and other stakeholders well. A group of minority shareholders had offered to sell their shares to a third party, and CEO Arthur T. Demoulas resisted, arguing that the shareholders could not sell their stock if it would imperil the corporation’s tax status. The original opinion found that the shareholders could sell their shares to whom they pleased, regardless of how it might impact the corporation. The feminist judgment rejects the original opinion, applying a feminist ethic-of-care lens and embracing a feminist-informed stakeholder theory of corporate governance. Rather than replicating the shareholder primacy model’s privileging of shareholder-owners, the feminist judgment vindicates the interests of the corporation’s employee-stakeholders and community the corporation serves—each ethnically and socioeconomically diverse groups.
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- Feminist Judgments: Corporate Law Rewritten , pp. 111 - 127Publisher: Cambridge University PressPrint publication year: 2023