New Game Plan or Business as Usual? A Critique of the Team Production Model of Corporate Law

2000 ◽  
Author(s):  
David K. Millon
2013 ◽  
Vol 107 (4) ◽  
pp. 726-741 ◽  
Author(s):  
PAUL DRAGOS ALIGICA ◽  
VLAD TARKO

Revisiting the theory of institutional hybridity and diversity developed by Vincent and Elinor Ostrom to cope with the challenge of the “neither states nor markets” institutional domain, this article reconstructs the Ostromian system along the “value heterogeneity–co-production–polycentricity” axis. It articulates the elements of a theory of value heterogeneity and of the fuzzy boundaries between private and public. It rebuilds the model of co-production, clarifying the ambiguity surrounding a key technical public choice theoretical assumption, and it demonstrates (a) why it should not be confused with the Alchian-Demsetz team production model and (b) how co-production engenders a type of market failure that has been neglected so far. In light of this analysis, the article reconsiders polycentricity, the capstone of the Ostromian system, explaining why polycentricity may be seen as a solution both to this co-production market failure problem and to the problems of social choice in conditions of deep heterogeneity. It also discusses further normative corollaries.


2009 ◽  
Vol 19 (4) ◽  
pp. 471-496 ◽  
Author(s):  
John R. Boatright

ABSTRACT:In the 1990s, the role of the chief executive officer (CEO) of major United States corporations underwent a profound transformation in which CEOs went from being bureaucrats or technocrats to shareholder partisans who acted more like proprietors or entrepreneurs. This transformation occurred in response to changes in the competitive environment of U.S. corporations and also to the agency theory argument that high levels of compensation by means of stock options helped to overcome the agency problem inherent in the separation of ownership and control. Some critics charge that this new CEO role is objectionable for a variety of reasons, which may also be applicable to the current financial crisis in which CEO misconduct may have played a part. These objections are based largely on a team production model of corporate governance, which is held by these critics to be superior to the standard agent-principal model. This article examines the objections offered by critics of the changed role of the CEO and argues that their negative assessment of this development and their use of the team production model to support their conclusions are not warranted. CEOs have changed from hired hands to co-owners, and this change may have contributed in some measure to the current financial crisis. However, in determining the morally preferable role of the CEO, care must be taken not to discard what is sound in the changed role.


2017 ◽  
pp. 169-250 ◽  
Author(s):  
Margaret M. Blair ◽  
Lynn A. Stout

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