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agency costs theory ALI's American Law Institute analysis approved audit committee basis board of directors business community business corporation business judgment rule Business Roundtable changes chief executive officer conduct conflict of interest corporate director Corporate Governance project corporate opportunity corporate practice corporation law corporation's criticism decisions Delaware Supreme Court derivative action derivative suit director or officer director or senior disclosure disinterested directors dismissal duty of fair duty of loyalty economic employee federal chartering firm Fischel functions Governance and Structure independent initially investors Joel Seligman large publicly held law compliance law professors liability Mace monitoring nexus of contract Penn Central percent perform policies procedures profit proposed proxy publicly held corporations published questionable payments Ralph Nader recommended reform reporters require responsibility restate existing law role SEC Chairman SEC's Section senior executives significant relationship standards statutory stockholders structural bias Tentative Draft tion York Stock Exchange Zapata