Unconscionability and Consent in Corporate Law (A Comment on Cunningham)

Iowa Law Review Bulletin, Vol. 96, pp. 92-99, 2011

Boston College Law School Legal Studies Research Paper

9 Pages Posted: 22 Feb 2013

Date Written: October 1, 2011

Abstract

Lawrence Cunningham has written an insightful and persuasive article calling on courts to apply the contract-law doctrine of unconscionability in evaluating executive compensation. According to Cunningham, this additional doctrinal tool will allow courts to engage in genuine and meaningful oversight of excessive compensation. He argues that such oversight is valuable because existing corporate-law doctrine too often prompts courts to defer too much and too often to management’s decisions.

Suggested Citation

Greenfield, Kent, Unconscionability and Consent in Corporate Law (A Comment on Cunningham) (October 1, 2011). Iowa Law Review Bulletin, Vol. 96, pp. 92-99, 2011, Boston College Law School Legal Studies Research Paper, Available at SSRN: https://ssrn.com/abstract=2221920

Kent Greenfield (Contact Author)

Boston College Law School ( email )

885 Centre Street
Newton, MA 02459-1163
United States
617-552-3167 (Phone)
617-552-4098 (Fax)

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