Oregon Law Review : Vol. 88 No. 2, p.491-514 : Race to the Left: A Legislator’s Guide to Greening a Corporate Code
Sneirson, Judd F.
This Article proceeds as follows. Part I recounts previous bouts of interstate competition for corporate charters and notes the “race-tothe- bottom” and “race-to-the-top” theories that purport to explain their results. Part I then describes the current movement toward green or sustainable business practices, notes the compatibility of these practices with current corporate law, and posits that the trend will trigger a new race among states to attract corporate charters—not to the bottom nor to the top but rather “to the left.”2 Part II opens with a description of Oregon’s recent efforts to make its corporate law more amenable to green businesses, and then the Article proposes a comprehensive agenda for greening a state’s corporate code.