Use It For
Use this as a counterpoint to more optimistic accounts of private enforcement.
Teaching Notes
Students should compare its skepticism with later empirical work and with the 2023 revision’s expanded shareholder-remedy language.
Skeptical account of derivative actions in China, arguing that shareholding thresholds, judicial weakness, and enforcement limits constrain their governance effect.
Use this as a counterpoint to more optimistic accounts of private enforcement.
Students should compare its skepticism with later empirical work and with the 2023 revision’s expanded shareholder-remedy language.