Antony Page

• Head of Faculty at Indiana University Bloomington

In 2000 social enterprise icon Ben & Jerry's Homemade, Inc. was acquired by Unilever, the giant multinational. According to popular legend, corporate law compelled Ben & Jerry's directors to accept Unilever's generous bid - overwhelming founders Ben Cohen and Jerry Greenfield's dogged efforts to maintain the company's social mission and independenc...

Since at least the famous Berle-Dodds debate, corporate social responsibility (CSR) and later its more muscular and structural iteration, progressive corporate law, have been discussed without much progress. The authors consider whether the social enterprise movement, which envisions a new sector of businesses created both to generate profits and p...

Companies with social missions are frequently bought by larger, more conventional profit-seeking firms and just as frequently accused of “selling out.” Ben & Jerry’s Homemade Inc. is perhaps the leading example: its takeover by international conglomerate Unilever is an oft-repeated cautionary tale of the negative proclivities of the publicly-traded...

A social enterprise operates a business in a manner intended to increase social welfare more than conventional businesses in the same sector. This notion of “social enterprise” was pioneered by nonprofit organizations seeking to advance their charitable missions through revenue-generating commercial activity, instead of relying on charitable donati...

Social enterprise (SE) in its various forms has over the last several years enjoyed considerable attention, ranging from a Nobel prize to speeches by politicians like the Canadian Prime Minister or business leaders like Bill Gates. SE refers generally to a venture intended to simultaneously make a profit and to achieve social benefits beyond those...

Successful corporations create extraordinary wealth. The longstanding question is how this wealth should be distributed. The conventional answer has been shareholder primacy. Most stakeholders, such as customers, suppliers, creditors, and employees, must negotiate their portion ex ante, but everything left over, the residual interest, belongs to th...

Racial bias in election administration - more specifically, in the interaction between pollworkers and voters at a voting booth on election day - may be implicit, or unconscious. Indeed, the operation of a polling place may present an “optimal” setting for unconscious racial bias to occur. Pollworkers sometimes have legal discretion to decide wheth...

Corporate directors make difficult decisions: How much should we pay our CEO? Should we permit a lawsuit against a fellow director? Should we sell the company? Directors are legally obligated to decide in good faith based on the business merits of the issue rather than extraneous considerations and influences. Naturally, some directors may have pre...

Securities regulations that compel or prohibit corporate disclosure have faced little First Amendment scrutiny, even though at least some of this compelled disclosure fits squarely within the Supreme Court's definition of protected commercial speech. Although several scholars argued otherwise in the late 1980s and early 1990s, most academics have r...

For decades, Americans have argued about who may marry and what marriage actually means in legal, religious, and philosophical terms. For almost as long, two problems - the rising divorce rate and the poverty of some "divorced" children and their custodians - have fed concerns about the viability of marriage as an institution that promotes domestic...

We analyze whether Regulation Fair Disclosure, SEC Chairman Arthur Levitt's crowning achievement, violates the First Amendment. Regulation FD requires that a company that discloses material non-public information to certain private audiences must also make that information public, subject to certain safe-harbors. The Regulation solely targets speec...