The Evolution of the Modern Corporate Structure has been one of the most influential chapters of The Modern Corporation & Private Property. But Berle and Means’s superb analysis is framed in the American context and cannot be easily generalized to other experiences. Their corporate model arose in a democratic country where “production engineers” commanded more respect than financiers and capitalist dynasties. Other countries followed different organizational paths, characterized by different institutional complementarities between labor and financial markets that generated “concentrated equilibria” different from the American “dispersed equilibrium.” This Article argues that the divide can be traced to the different aristocratic and democratic evolutionary roots of the two systems, and that organizational biodiversity is still an important feature of the global economy.
Ugo Pagano, The Evolution of the American Corporation and Global Organizational Biodiversity, 35 SEATTLE U. L. REV. 1271 (2012).