kaal:claim:kaal-2013-acomparativeperspectiveo-022

Increased liability is no panacea and cannot alone adequately address the central shortcomings of the duty of oversight and of corporate governance in the United States, because heightened liability does not give part-time outside directors the capacity to monitor complex corporations.

Increased liability is no panacea and cannot, alone adequately address the central shortcomings of the duty of oversight and corporate governance in the United States that Professor Fairfax identifies.

Kaal, A Comparative Perspective on the Limitations of the Duty of Oversight – A Comment on Lisa Fairfax (2013), A Comparative Perspective on the Duty to Monitor, p. 8
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Kaal, A Comparative Perspective on the Limitations of the Duty of Oversight – A Comment on Lisa Fairfax (2013)

• large and increasingly complex corporations
• directors serving part time as outsiders

failuresupport: arguedfailure: liability increase insufficient to cure oversight limitsfamily: board-and-oversight-failurelaw-and-legal-systemscorporate-governancegovernance-design

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