516. Lucian Arye Bebchuk, The Business Roundtable's Untenable Case Against Shareholder Access, 06/2005. subsequently published as “The Case for Shareholder Access: A Response to the Business Roundtable” in Case Western Reserve Law Review, Vol. 55, Issue 3, 2005, 556-568.
Abstract: The Business Roundtable has played a key role in the opposition to the SEC shareholder access proposal. While the strong resistance to the proposal has been thus far successful in discouraging the SEC from adopting it, this paper considers the merits of the Business Roundtable’s substantive arguments in opposition to the proposal. The paper provides a detailed examination of the wide range of objections to shareholder access that the Business Roundtable put forward in its submissions to the SEC. I conclude that none of these objections provides a good basis for opposing shareholder access.