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Transactions: The Tennessee Journal of Business Law


This essay comments on Professor J. Haskell Murray’s, “The History and Hope of Social Enterprise Forms” (22 TRANSACTIONS: TENN. J. BUS. L. 207 (2021)). In this comment, I play the role of the two-year-old in the room. Two-year-old children are well known to ask “why,” and that is what I do here. Specifically, this comment asks “why” in two aspects. First, I ask why we do (or should) care about making modifications to existing social enterprise practices and laws, the subject of Professor Murray’s essay. Second, assuming we do (or should) care, I ask why the changes Professor Murray suggests make sense. My commentary is largely restricted to the benefit corporation form because corporate forms loom large in the debates relevant to Professor Murray’s essay and because the benefit corporation is acknowledged to be the most widely adopted corporate form as among the social enterprise forms of entity.

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Spring 2021

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