LAWCOMM 467 : Special Topic: Corporate Governance

Law

2024 Semester Two (1245) (15 POINTS)

Course Prescription

No prescription

Course Overview

Corporate governance involves the way in which corporations are run and explores the power dynamics of boards of directors, employees, stakeholders, and shareholders. We will explore the theoretical underpinnings of the role of the corporation and why its ubiquitous power status has become so entrenched. You will consider why the company has become significant to the economy, why company law has been the facilitator of this, and its benefits and detriments. By addressing complex and controversial questions, we will study how company law should facilitate the use of its unique juridical personhood status. We will consider whether the State should ensure that the law leads to the most efficient outcome in financial terms, or should company law be used to promote socially-desirable ends such as CSR and ESG. Different corporate law theories have different answers to these questions, and this course allows for an in-depth analysis of some of these theories and what company law does and ought to do in balancing forms of socialism and capitalism. The course looks at the corporate form and the governance mechanisms which have allowed for its meteoric rise. The course will reflect on both theory, doctrinal and historical seminal texts whilst considering emerging debates on the theory of the firm. 

Course Requirements

No pre-requisites or restrictions

Capabilities Developed in this Course

Capability 1: People and Place
Capability 2: Sustainability
Capability 3: Knowledge and Practice
Capability 4: Critical Thinking
Capability 5: Solution Seeking
Capability 6: Communication
Capability 7: Collaboration
Capability 8: Ethics and Professionalism
Graduate Profile: Bachelor of Laws

Learning Outcomes

By the end of this course, students will be able to:
  1. Critically appraise the main schools of company law theory. (Capability 3.1, 3.2 and 4.1)
  2. Articulate and discuss the values that underpin different theoretical schools and are embodied in different practical solutions. (Capability 3.1 and 4.1)
  3. Apply the main theoretical approaches to questions and interpretation of company law rules. (Capability 3.1, 4.1, 4.2 and 5.1)
  4. Relate the various theories of company law to relevant social, economic, and political positions. (Capability 3.1, 4.1, 4.2, 5.1 and 6.1)
  5. Articulate and discuss theoretical positions relating to company law. (Capability 4.1, 4.2 and 6.1)
  6. Analyse critically evaluate the role of corporate power on shareholders and stakeholders of the corporation. (Capability 4.1, 4.2, 5.1 and 8.1)
  7. Understand and critically evaluate the social impacts of corporate decision-making. (Capability 1.1, 2.1, 3.2 and 4.2)
  8. Critically analyse and compare theoretical arguments in corporate theory Identify and articulate information from a breadth of suitable sources using appropriate interpretative techniques. (Capability 3.2, 4.1, 5.1, 6.1 and 7.1)

Assessments

Assessment Type Percentage Classification
Research poster 20% Individual Coursework
Discussions 10% Individual Coursework
Presentation 20% Group & Individual Coursework
Essay 50% Individual Coursework
Assessment Type Learning Outcome Addressed
1 2 3 4 5 6 7 8
Research poster
Discussions
Presentation
Essay

Workload Expectations

This is a standard 15-point course. The guideline for the total workload for this course is 150 hours including class attendance.


Delivery Mode

Campus Experience

Attendance is expected at the lecture component of the course.

Attendance is required at scheduled activities including seminars.

The course will not include live online events (except where a Zoom lecture is required to replace an in-person lecture in exceptional circumstances).

Attendance on campus will be required for parts of the assessment.  

Learning Resources

Course materials are made available in a learning and collaboration tool called Canvas which also includes reading lists and lecture recordings (where available).

Please remember that the recording of any class on a personal device requires the permission of the instructor.

Student Feedback

At the end of every semester students will be invited to give feedback on the course and teaching through a tool called SET or Qualtrics. The lecturers and course co-ordinators will consider all feedback and respond with summaries and actions.

Your feedback helps teachers to improve the course and its delivery for future students.

Class Representatives in each class can take feedback to the department and faculty staff-student consultative committees.

This is the first time this course has been taught. 

Academic Integrity

The University of Auckland will not tolerate cheating, or assisting others to cheat, and views cheating in coursework as a serious academic offence. The work that a student submits for grading must be the student's own work, reflecting their learning. Where work from other sources is used, it must be properly acknowledged and referenced. This requirement also applies to sources on the internet. A student's assessed work may be reviewed for potential plagiarism or other forms of academic misconduct, using computerised detection mechanisms.

Class Representatives

Class representatives are students tasked with representing student issues to departments, faculties, and the wider university. If you have a complaint about this course, please contact your class rep who will know how to raise it in the right channels. See your departmental noticeboard for contact details for your class reps.

Inclusive Learning

All students are asked to discuss any impairment related requirements privately, face to face and/or in written form with the course director, lecturer or tutor.

Student Disability Services also provides support for students with a wide range of impairments, both visible and invisible, to succeed and excel at the University. For more information and contact details, please visit the Student Disability Services’ website http://disability.auckland.ac.nz

Special Circumstances

If your ability to complete assessed coursework is affected by illness or other personal circumstances outside of your control, contact a Student Academic and Support Adviser as soon as possible before the assessment is due.

If your personal circumstances significantly affect your performance, or preparation, for an exam or eligible written test, refer to the University’s aegrotat or compassionate consideration page https://www.auckland.ac.nz/en/students/academic-information/exams-and-final-results/during-exams/aegrotat-and-compassionate-consideration.html.

This should be done as soon as possible and no later than seven days after the affected test or exam date.

Learning Continuity

In the event of an unexpected disruption, we undertake to maintain the continuity and standard of teaching and learning in all your courses throughout the year. If there are unexpected disruptions the University has contingency plans to ensure that access to your course continues and course assessment continues to meet the principles of the University’s assessment policy. Some adjustments may need to be made in emergencies. You will be kept fully informed by your course co-ordinator/director, and if disruption occurs you should refer to the university website for information about how to proceed.

Student Charter and Responsibilities

The Student Charter assumes and acknowledges that students are active participants in the learning process and that they have responsibilities to the institution and the international community of scholars. The University expects that students will act at all times in a way that demonstrates respect for the rights of other students and staff so that the learning environment is both safe and productive. For further information visit Student Charter https://www.auckland.ac.nz/en/students/forms-policies-and-guidelines/student-policies-and-guidelines/student-charter.html.

Disclaimer

Elements of this outline may be subject to change. The latest information about the course will be available for enrolled students in Canvas.

In this course students may be asked to submit coursework assessments digitally. The University reserves the right to conduct scheduled tests and examinations for this course online or through the use of computers or other electronic devices. Where tests or examinations are conducted online remote invigilation arrangements may be used. In exceptional circumstances changes to elements of this course may be necessary at short notice. Students enrolled in this course will be informed of any such changes and the reasons for them, as soon as possible, through Canvas.

Published on 14/02/2024 02:25 p.m.