Dr Akshaya Kamalnath

Senior Lecturer
PhD (Deakin University), LLM (NYU Law) BA.LLB (NALSAR India)

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Biography

Akshaya Kamalnath joined the ANU College of Law in February 2021. Prior to joining ANU, she has been a lecturer at AUT in New Zealand, and Deakin University. Akshaya has law degrees from New York University (LLM), Deakin University (PhD), and NALSAR India (BA.LLB(Hons)).

Akshaya's research and teaching interests focus on the broad themes of  corporate law, corporate governance, corporations and society, and corporate insolvency and her work is often comparative in nature. Prior to joining academia, Akshaya worked in a leading corporate law firm in India. 

Akshaya's doctoral thesis focused on gender diversity on corporate boards. She is currently working on a book project on diversity in corporations. Akshaya has published in legal journals in UK, Australia, United States, and elsewhere. Her blog posts have also featured in the Conversation, Oxford Business Law Blog, Columbia Blue Sky Blog, and Harvard Law School Forum of Corporate Governance

Appointments

Significant research publications

Akshaya Kamalnath, ‘Social Movements, Diversity, and Corporate Short-termism’ (2022) Georgetown Journal of Gender and the Law (forthcoming).

Akshaya Kamalnath and Hitoishi Sarcar, ‘Regulation of Corporate Activity in the Space Sector’ (2022) 62 Santa Clara Law Review (forthcoming).

Akshaya Kamalnath, ‘Strengthening Boards through Diversity - A Two-sided Market that Can Be Effectively Serviced by Intermediaries’ (2022) 40 (1) Law & Inequality 155.

Akshaya Kamalnath and Aparajita Kaul, ‘Adding Mediation to India’s corporate Resolution Process’ (2022) International Insolvency Review (advance online publication).

Akshaya Kamalnath, ‘Transnational corporations and modern slavery: Nevsun and beyond’ (2021) Journal of Corporate Law Studies (advance).

Akshaya Kamalnath, ‘Indigenous corporations: Lessons from Māori business forms’ (2021) Alternative Law Journal (advance).

Akshaya Kamalnath, ‘The Law of Cryptoassets is the Law of the Horse’ (2020) 36 (1) Banking & Finance Law Review 135.

Akshaya Kamalnath, ‘Social Enterprise and Equity Crowdfunding – A Proposal to Share Legal Infrastructure’ (2020) 48(5) Australian Business Law Review 444.

Recent news

21
Jul
2021
Dr Akshaya Kamalnath
Dr Akshaya Kamalnath is a senior lecturer at ANU College of Law.

In the Media

7
Jun
2022
Akshaya Kamalnath speaks to Peking University School of Transnational Law
31
Jan
2022
Akshaya Kamalnath writes in APPS Policy Forum
29
Apr
2021
Akshaya Kamalnath writes in Financial Times

Past events

02
Sep
2022
Shareholder protection in close corporations
10.00AM to 11.15AM Virtual Book Talk
  • Assistant Professor Alan Koh
  • Professor Pamela Hanrahan
  • Professor Martin Gelter

The Private Law Research Group at the ANU College of Law is hosting a discussion of the book 'Shareholder Protection in Close Corporations' (CUP, 2022) by Alan Koh.

27
Jul
2022
Image: Dr Akshaya Kamalnath
5.30PM to 7.00PM ANU College of Law Research Showcase Series
  • Dr Akshaya Kamalnath

This virtual and in-person series acknowledges and promotes the outstanding research by ANU College of Law academics.

Research biography

Dr. Kamalnath has published articles in law journals in various countries including US, UK, Australia, New Zealand, India. Her book, The Corporate Diversity Jigsaw, to be published by Cambridge University Press, is forthcoming. She also publishes in various blogs. A selection of Dr. Kamalnath's non-peer reviewed but high impact publications are below:

Akshaya Kamalnath, ‘Social Movements, Diversity, and Corporate Short-termism’ (2022) Georgetown Journal of Gender and the Law (forthcoming).

Akshaya Kamalnath and Hitoishi Sarcar, ‘Regulation of Corporate Activity in the Space Sector’ (2022) 62 Santa Clara Law Review (forthcoming).

Akshaya Kamalnath, ‘Strengthening Boards through Diversity - A Two-sided Market that Can Be Effectively Serviced by Intermediaries’ (2022) 40 (1) Law & Inequality 155.

Akshaya Kamalnath ‘Corporate Insolvency Resolution Law in India – A Proposal to Overcome the “Initiation Problem”’ (2020) 88 University of Missouri - Kansas City Law Review 631.

Akshaya Kamalnath, ‘The Perennial Quest for Board Independence – Artificial Intelligence to the Rescue’ (2020) 83 Albany Law Review 43.

Akshaya Kamalnath, ‘Defining ‘Diversity’ in Corporate Governance – A Global Survey’ (2018) 45 (1) Journal of Legislation (Notre Dame University) 1.

Akshaya Kamalnath, ‘The Corporate Governance Case for Board Gender Diversity – Evidence from Delaware Cases’ (2018-19) 82 (1) Albany law Review 23.

Akshaya Kamalnath, ‘Corporate Diversity 2.0 – Lessons from Silicon Valley’s Missteps’ (2018) 20 (1) Oregon Review of International Law 113.

Sandeep Gopalan and Akshaya Kamalnath, ‘Mandatory Corporate Social Responsibility as a Vehicle for Reducing Inequality: An Indian Solution for Piketty and the Millennials’ (2015) 10 Northwestern Journal of Law & Social Policy 34.

Akshaya Kamalnath and Yamini Peddada ‘Women in Boardrooms- Formulating a Legal Regime for Corporate India’ (2012) 1 (6) Journal on Governance (published by NLU, Jodhpur, India).

Akshaya Kamalnath, ‘Cross Border Insolvency Protocols – A Success Story’ (2013) International Journal of Legal Studies and Research 172.

Akshaya Kamalnath, ‘Corporate Governance Reforms in India – Accommodating Local Culture along with the Drive for Global Convergence’ (2013) 3 (3) Korean Law Research Institute Journal of Law and Legislation 137.

 

 

Grants

  • Received $5000 from the Hayek Fund for Scholars (run by the Institute for Humane Studies) to work on my book project (The Corporate Diversity Jigsaw).
  • Received an early career research grant from Deakin University, Faculty of Business and law (2019)
  • Received funding from the Hong Kong Law Society to travel to and give talks at the Chinese University of Hong Kong and the Hong Kong Institute of Certified Public Accountants.
  • Received funding from Ewha Institute for Biomedical Law & Ethics (EIBLE) to travel to and present my paper at the EIBLE conference on AI in Healthcare.

Books & edited collections

  • Ellie Chapple, Nickolas James, Alex Wong, Richard Baumfield, Richard Copp, Robert Cunningham, Akshaya Kamalnath, Katherine Watson and Paul Harpur, Business and Company Law (Wiley, 2nd ed. 2019).

Refereed journal articles

  • Akshaya Kamalnath and Aparajita Kaul, ‘Adding Mediation to India’s corporate Resolution Process’ (2022) International Insolvency Review (advance online publication).
  • Akshaya Kamalnath, ‘Transnational corporations and modern slavery: Nevsun and beyond’ (2021) Journal of Corporate Law Studies (advance). • Akshaya Kamalnath, ‘Indigenous corporations: Lessons from Māori business forms’ (2021) Alternative Law Journal (advance).
  • Akshaya Kamalnath, ‘The Law of Cryptoassets is the Law of the Horse’ (2020) 36 (1) Banking & Finance Law Review 135. 
  • Akshaya Kamalnath, ‘Social Enterprise and Equity Crowdfunding – A Proposal to Share Legal Infrastructure’ (2020) 48(5) Australian Business Law Review 444.
  • Akshaya Kamalnath, ‘Corporate responsibility for climate change creates a new era in tort law? Hold your horses’ (2020) New Zealand Law Journal 129.
  • Akshaya Kamalnath and Annick Masselot, ‘Corporate Board Gender Diversity in the Shadow of the Controlling Shareholder –An Indian Perspective’ (2019) 19 (2) Oxford University Commonwealth Law Journal 179.
  •  Akshaya Kamalnath and Nuannuan Lin, ‘Crowd Sourced Equity Funding in Australia – A Critical Appraisal’ (2019) 47(2) Federal Law Review 288.
  • Akshaya Kamalnath, ‘Gender Diversity as the Antidote to 'Groupthink' on Corporate Boards’ (2017) 21 Deakin Law Review 67-85.
  • Akshaya Kamalnath, ‘Are Gender Diverse Boards better for Corporate Governance? Evidence from Australian Judicial Decisions’ (2015) 30(1) Australian Journal of Corporate Law 58.
  • Akshaya Kamalnath, ‘The Value of Board Gender Diversity vis-à-vis the Role of the Board in the Modern Company’ (2015) 33 Companies & Securities Law Journal 90.

Book chapters

  • Akshaya Kamalnath, ‘Shareholder Primacy in the Time of Coronavirus’ in Horst Eidenmüller, Luca Enriques, Genevieve Helleringer, and Kristen van Zwieten (eds) Covid-19 and Business Law (Hart/ Beck, 2020) 3.
  • Akshaya Kamalnath and Pulkit Deora, ‘Insolvency Measures in New Zealand: A Temporary DIP Model’ in Sameer Sharma and Neeti Shikah (eds) Covid 19: Exploring the New Normal in Insolvency (Bloomsbury, 2021) 79.

Conference papers & presentations

  • Invited to participate in and comment on a working paper at the launch event for the Jindal Global Law School Insolvency Working Paper Series (online) in September 2021.
  • Presented paper entitled ‘Regulation of Corporate Activity in the Space Sector’ at the National Business Law Scholars Conference (online presentation) in June 2021.
  • Presented paper entitled ‘Strengthening Boards through Diversity - A Two-sided Market that Can Be Effectively Serviced by Intermediaries’ at the Corporate Law Teachers Association Conference Sydney (online presentation) in February 2021.
  • Presented paper entitled ‘The Hocus Pocus of Corporate Purpose’ at Pace Law School, New York in November 2019.
  • Participated in a panel discussion on California’s corporate board quota law at the annual Law and Society Conference, Washington D.C., in June 2019.
  • Presented paper entitled ‘Corporate Insolvency Resolution Law in India – A Proposal to Overcome the “Initiation Problem”’ at INSOL International, Academics Forum at Singapore in April 2019.
  • Presented paper entitled ‘Crowd Sourced Equity Funding in Australia – A Critical Appraisal’ at Otago University, Dunedin in December 2018.
  • Presented paper entitled ‘A Diversity Framework for Board Effectiveness and Equality’ at Victoria University of Wellington, Auckland University of Technology and University of Canterbury in December 2018.
  • Invited speaker at INSOL India’s annual conference and academic forum, 2018, at New Delhi. Presented an overview of insolvency reforms in Australia.
  • Invited to present paper entitled ‘Are Gender Diverse Boards better for Corporate Governance? Evidence from U.S. Judicial Decisions’ at the Hong Kong Institute of Certified Public Accountants and at the Centre for Financial Development and Economic Regulation, CUHK Law School in 2018, at Hong Kong.
  • Presented paper entitled ‘Corporate Diversity 2.0 – Lessons from Uber’ at the annual conference for the Law and Society Association of Australian and New Zealand, 2017, at Dunedin.
  • Presented paper entitled ‘Rethinking Liability and Licensing for Doctors in the Era of AI’ at the EWHA Institute for Biomedical Law and Ethics conference, 2017, at Seoul.
  • Presented paper entitled ‘Are Gender Diverse Boards Better for Corporate Governance? Evidence from Australian Judicial Decisions’ at the annual conference of the Corporate Law Teachers Association, 2015, at Melbourne.

Government submissions

  • Submission to the ASX Corporate Governance Council regarding The Corporate Governance Principles And Recommendations, 4th Edition .

Committees

 

Internal ANU Committees

  • ANU College of Law Research Committee (faculty's ERC representative, 2022 - 2024)

Case notes & book reviews

Other

  • Akshaya Kamalnath, ‘Letter: Encourage companies to help end modern slavery’, Financial Times (online, 29 April 2021) .
  • Akshaya Kamalnath, ‘The Law of Cryptoassets is the Law of the Horse’, Machine Lawyering (online, 19 April 2021) .
  • Akshaya Kamalnath, ‘Shareholder Primacy in the Time of Coronavirus’, Oxford Business Law Blog (online, 7 April 2020) .
  • Akshaya Kamalnath, ‘Diversity quotas will only lead to token appointments, doing more harm than good’, The Conversation (online, 26 February 2020) .
  • Akshaya Kamalnath, ‘Corporate Purpose and the Dangers of Government-Mandated CSR’, The CLS Blue Sky Blog (online, 20 September 2019) .
  • Akshaya Kamalnath, ‘Reality check: more women on boards doesn’t guarantee diversity’, The Conversation (online, 7 March 2019) . (Republished in the Sydney Morning Herald.) • Akshaya Kamalnath, 'California's Proposed Quota for Women on Corporate Boards', Oxford Business Law Blog (online, 24 September 2018) .
  • Akshaya Kamalnath, ‘A Memo to Google – Firing Employees with Conservative Views is Anti-diversity’, The Conversation (online, 11 August 2017) . (Republished in Deakin Newsroom.)
  •  Akshaya Kamalnath, ‘Getting Women on Board’, The Hindu Business Line (online, 23 May 2014).

PhD supervision

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SJD supervision

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MPhil supervision

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LLM Masters thesis supervision

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Honours thesis supervision

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Internship supervision

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Current courses

Year Course code Course name
2022 LAWS8584
Class #4086
Corporate Insolvency
2022 LAWS8125
Class #7067
The Law of Corporate Governance

Previous courses

Year Course code Course name
2021 LAWS8584
Class #6621
Corporate Insolvency

Past courses

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Updated:  10 August 2015/Responsible Officer:  College General Manager, ANU College of Law/Page Contact:  Law Marketing Team