By Aaron A. Dhir
The shortcoming of gender parity within the governance of commercial enterprises has ignited a heated international debate major policymakers to strive against with tricky questions that lie on the intersection of industry task and social identification politics. Drawing on semi-structured interviews with company board administrators in Norway and documentary content material research of company securities filings within the usa, demanding Boardroom Homogeneity empirically investigates special regulatory types designed to deal with range within the boardroom: quotas and disclosure. The author's research of the Norwegian quota version demonstrates the $64000 function range can play in bettering the standard of company governance, whereas additionally revealing the demanding situations range mandates pose. His research of the U.S. regime exhibits how a disclosure version has led enterprises to set up a vocabulary of "diversity." whilst, the research highlights the downsides of affording enterprises an excessive amount of discretion in defining that idea. This ebook deepens ongoing coverage conversations and gives new insights into the position legislation can play in reshaping the gendered dynamics of company governance cultures.
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Additional info for Challenging Boardroom Homogeneity: Corporate Law, Governance, and Diversity
57 Toyah Miller & María del Carmen Triana, “Demographic Diversity in the Boardroom: Mediators of the Board Diversity–Firm Performance Relationship” (2009) 46:5 J Mgmt Stud 755 at 756, 762–63. 58 Stephen M Bainbridge, The New Corporate Governance in Theory and Practice (New York: Oxford University Press, 2008) at 2 [Bainbridge, The New Corporate Governance]. See also Johan SG Chu & Gerald F Davis, “Who Killed the Inner Circle? directors provides confirmation. 61 We as a society increasingly expect more of corporate boards – the prevailing view is that boards should do more.
Disclosure is attractive as a regulatory tool to the extent that it moves important issues into the light and catalyzes a process of internal self-reflection on the part of the reporting party that can prompt behavioral change. If well designed, a disclosure regime may yield important benefits. But its use may also be called into question if it allows the regulated entity too much discretion in defining a core feature of the regime. Ronald C Anderson et al, “The Economics of Director Heterogeneity” (2011) 40:1 Fin Mgmt 5 at 27.
76 See also Thomas Lee Hazen & Lissa Lamkin Broome, “Board Diversity and Proxy Disclosure” (2011) 37:1 U Dayton L Rev 39 at 73–74. 75 Introduction 21 Real-World Policy Implications I am cognizant of the dynamism of diversity-related corporate governance reform. At the time of this writing, policymakers around the world are debating what, if any, regulatory paths to pursue to facilitate boardroom heterogeneity. 84 Other states have signaled that they may resort to positive discrimination in the future, as a measure of last resort.