Voting Trusts and Antitrust: Rethinking the Role of Shareholder Litigation in Public Regulation, from the 1880s to the 1930s

2021 ◽  
Vol 39 (3) ◽  
pp. 569-600
Author(s):  
Naomi R. Lamoreaux ◽  
Laura Phillips Sawyer

Scholars have long recognized that the states’ authority to charter corporations bolstered their antitrust powers in ways that were not available to the federal government. Our paper contributes to this literature by focusing attention on the relevance for competition policy of lawsuits brought by minority shareholders against their own companies, especially lawsuits challenging voting trusts. Historically judges had been reluctant to intervene in corporations’ internal affairs and had been wary of the potential for opportunism in shareholders’ derivative suits. By the end of the nineteenth century, however, they had begun to revise their views and see shareholders as useful allies in the struggle against monopoly. Although the balance between judges’ suspicion of and support for shareholders’ activism shifted back and forth over time, in the end the lawsuits provoked state legislatures to strengthen antitrust policy by making devices like voting trusts unsuitable for purposes of economic concentration.

2021 ◽  
Vol 2021 (139) ◽  
pp. 52-74
Author(s):  
Henrique Espada Lima

Abstract This article examines postmortem inventories and notarial records from Brazilian slaveholders in southern Brazil in the nineteenth century. By discussing selected cases in detail, it investigates the relationship between “precarious masters” (especially the poor and/or disabled, widows without family, and single elderly slaveholding women and men) and their slaves and former slaves to whom they bequeathed, in their testaments and final wills, manumission and property. The article reads these documents as intergenerational contractual arrangements that connected the masters’ expectations for care in illness and old age with the slaves’ and former slaves’ expectations for compensation for their work and dedication. Following these uneven relationships of interdependence and exploitation as they developed over time, the article suggests a reassessment of the role of paternalism in Brazil during the country’s final century of slavery. More than a tool to enforce relations of domination, paternalism articulated with the dynamics of vulnerability and interdependency as they changed over the life courses of both enslaved people and slave owners. This article shows how human aging became a terrain of negotiation and struggle as Brazilian slave society transformed throughout the nineteenth century.


Author(s):  
Jason W. Smith

This chapter examines the origins of navigational science in the American maritime culture of the early nineteenth century, in marine societies, and in the U.S. Navy, linking the institutionalization of naval science to the broader expansion of American maritime commerce and the evolving role of science in the federal government more broadly. The chapter argues that naval scientists, surveyors, and cartographers saw their work as bringing empirical rationality to a watery wilderness, imposing cartographic order over nature and an appropriation of space in the interests of American maritime commerce. In the process, they aimed to replace folkloric and experiential navigational understandings deeply held by the American seafaring community with a growing embrace of science institutionalized in the federal government and in the American navy specifically.


2020 ◽  
Vol 38 (4) ◽  
pp. 631-657
Author(s):  
Bain Attwood

In recent decades a large amount of scholarship has been devoted to the task of explaining the ways in which European powers claimed possession of indigenous people's territories across the seventeenth, eighteenth and nineteenth centuries. This research has emphasised the role of the law in the dispossession of indigenous peoples. But more work is required to establish the precise roles that the law played in the claiming of land and to measure its importance relative to other factors. In this paper I consider one British colony, South Australia, in order to investigate the changes that occurred in the roles that the law performed over time in the claiming of the indigenous people's lands, and to assess the importance of these relative to the roles played by historical, moral, political, psychological and material factors. I conclude that in this instance at least the role that the law played in the claiming of possession was rather different than that suggested by numerous studies of the claiming of possession as well as much less significant.


2018 ◽  
Vol 39 (2) ◽  
pp. 213-235 ◽  
Author(s):  
Juan M Cano Sanchiz

Railway workshops overlapped the fields of energy and transport and witnessed profound technological evolution over time due to changes in energy production, distribution and consumption. Here, I use archaeological methods to investigate the railway workshop owned by the Companhia Paulista de Estradas de Ferro in Jundiaí (Brazil), in operation from the end of the nineteenth century to 1998 and today known as FEPASA Complex. In doing so, I aim to highlight the role of energy and power supply in the evolution of railway workshops, and how this influenced its organization of space and labour. I state that, even when written sources are available and abundant, archaeology can offer an important angle to understand the transport industry.


Experiment ◽  
2012 ◽  
Vol 18 (1) ◽  
pp. 33-60 ◽  
Author(s):  
Margaret Samu

Abstract This article analyzes Russian attitudes toward nudity in art in the eighteenth and nineteenth centuries, from the importation of Italian nudes by Peter the Great to the continued study of the nude model by Socialist Realist artists. Questions addressed include the reception of nude sculpture in Russia and its change over time; the role of life models; and the subject matter sculptors chose.


Author(s):  
Oliver Schulz

This chapter examines the complicated political history of the merchant trade community of Odessa, which includes the Russian expansion into the Black Sea; the Greek settlement in Odessa; the role of Bulgarian merchants in Odessa; the establishment of Novorossiya; and the rise of Greek nationalism in the area. It examines the methodological difficulties in studying this period due to a lack of population and business statistics. It concludes that the port of Odessa became Greek-dominated over time, and maritime mercantile activity in Odessa became a factor that symbolised Greek Nationalism and ‘Greekness’.


Rural History ◽  
2018 ◽  
Vol 29 (1) ◽  
pp. 45-80 ◽  
Author(s):  
K. D. M. SNELL ◽  
RACHAEL JONES

Abstract:This article considers rusticated memorials in many churchyards and cemeteries in England and Wales, between c. 1850 and the present day, analysing their forms, chronology, and their wider social and artistic significances. These memorials have hitherto been a neglected form among British memorial styles. The discussion here focuses on the English Midlands, Kensal Green Cemetery (London), and Montgomeryshire in Wales. It appraises how such memorial rustication may relate to changing attitudes to rurality, ‘natural’ landscapes, and secularisation over time. As an analysis of shifting memorial tastes, the article assesses the chronology of rustication against the periodisation of two more dominant memorial types: namely Gothic memorials, which prevailed in the later nineteenth and early twentieth centuries, and Art Deco memorials, which gained popularity from the 1920s. It appraises regional differences in memorial style change, showing little English and Welsh variation in this after the mid-nineteenth century. There is attention to the hitherto little studied decline of the Gothic, and to the wider significance of the more secularised memorial forms that followed it. The role of these Gothic, rusticated, and Art Deco memorials for an understanding of social, attitudinal, religious and secularising change is emphasised.


2020 ◽  
pp. 1532673X2096056
Author(s):  
Barry C. Burden ◽  
Rochelle Snyder

A fundamental requirement of democracy is the existence of contested elections. Our study documents and explains trends in uncontested seats in the U.S. Congress and state legislatures over time. We uncover a striking inconsistency in the health of elections: the frequency of uncontested seats in Congress has declined while the frequency of uncontested seats in state legislatures has actually increased. To explore these divergent trends, we consider factors that are common to both Congress and state legislatures such as the redistricting cycle but also variables that are unique to the state level. Our analysis points to the relative “flippability” of Congress compared to many state legislatures as a factor behind diverging levels of contestation. While many state legislatures have become bastions for dominant parties, congressional districts in those same states are often nonetheless viewed as enticing targets because they contribute to control of the federal government.


2015 ◽  
Vol 4 (2) ◽  
pp. 113-135
Author(s):  
Lucila Mallart

This article explores the role of visuality in the identity politics of fin-de-siècle Catalonia. It engages with the recent reevaluation of the visual, both as a source for the history of modern nation-building, and as a constitutive element in the emergence of civic identities in the liberal urban environment. In doing so, it offers a reading of the mutually constitutive relationship of the built environment and the print media in late-nineteenth century Catalonia, and explores the role of this relation as the mechanism by which the so-called ‘imagined communities’ come to exist. Engaging with debates on urban planning and educational policies, it challenges established views on the interplay between tradition and modernity in modern nation-building, and reveals long-term connections between late-nineteenth-century imaginaries and early-twentieth-century beliefs and practices.


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