University of Pennsylvania Law Review
Shaming In Corporate Law
By
Daniel A. Skeel, Jr.
June 2001

Abstract: 

Why has corporate shaming become such a popular practice? Shaming is a reflection of shared values and norms, and is most effective in small communities. It is a weapon used against an offender’s reputation, whose main purpose is to elicit a response of moral disapproval within the public, and within the offenders peer group. Skeel explores the history of shaming and the rise in corporate shaming in reference to its relationship with the protection of our growing corporate community. He dissects corporate shaming and the role the enforcer and offender play, and uses examples of shaming by public (courts) and private (shareholder activists) enforcers to highlight the risks and gains of shaming.