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Mariana Pargendler, The Grip of Nationalism on Corporate Law, 95 Ind. L. J. 533 (2020).


Abstract: Part I provides a brief overview of the relationship between corporate law and nationalism and demonstrates their interaction in the historical experiences of several key jurisdictions. These vignettes are merely illustrative, but they indicate how deep the link between nationalism and corporate law can be. Part II summarizes the evidence on the economic effects of foreign corporate control, showing that it is ultimately inconclusive. Part III explains why corporate law can be an attractive instrument to accomplish nationalist objectives and explores the possible regulatory responses to this phenomenon. Part IV analyzes the implications of these findings for future developments in corporate lawmaking. Part V concludes by reflecting on the prospect of the bond between nationalism and corporate law.