September 11 and Corporate Law

in The Failure of Corporate Law

Published by University of Chicago Press

Published in print February 2007 | ISBN: 9780226306933
Published online March 2013 | e-ISBN: 9780226306988 | DOI:
September 11 and Corporate Law

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At first glance, it seems obtuse or heartless to talk about corporate law in connection with the terrorist attacks of September 11, 2011 and the war in Iraq. It is, however, correct to say that corporations and corporate law helped create both the context in which the tragedy of 9/11 could occur and the contours of the nation's response to it. Corporate law made the tragedy of 9/11 more possible, and thus made the war in Iraq more likely as well. This connection between corporate law and the attacks of 9/11 is a worthy case study in the flaws of U.S. corporate governance. This chapter examines the connection between 9/11 and corporate law in the United States. It argues that 9/11 is not only a story of how fanatic zealots committed murder on a grand and horrific scale, but also a story of market failure. The chapter furthermore looks at externalities and enablingism associated with 9/11, along with the rhetoric of the free market, and concludes by discussing the “end of history” for corporate law.

Keywords: 9/11; war; Iraq; corporate law; United States; corporate governance; market failure; free market; externalities; enablingism

Chapter.  8508 words. 

Subjects: Company and Commercial Law

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