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Foreword: Lawyers and Linguists Collaborate in Using Corpus Linguistics to Produce New Insights Into Original Meaning
Get PDFQuestions Involving National Peace and Harmony or Injured Plaintiff Litigation ? The Original Meaning of Cases in Article III of the Constitution
Get PDFBorrowing from Millennials to Pay Boomers: Can Tax Policy Create Sustainable Intergenerational Equity?
Get PDFAt the outset, Part I of the Article provides an overview of sustainable intergenerational justice and tax policy. Part II then provides an overview of the U.S. tax system, deficits, and public debt. Part III then considers how taxes can influence the level of resources that are available to future generations, and Part IV considers how taxes can influence the mix of resources that are available to future generations
Buyer Beware: Variation and Opacity in ESG and ESG Index Funds
Get PDFEvidence of the tremendous rise in the significance of environmental, social, and governance (ESG) investing is coming from all quarters. Fund flows into ESG investment vehicles are growing at a sustained and sometimes exponential pace. Fund complexes are rushing to design products, creating and rebranding scores of mutual funds and exchange traded funds (ETFs), including lower-cost indexed options. Industry leaders, critics, and commentators are all heralding the sea change as a shift in investing - and corporate governance - to more broadly consider environmental and social factors.
This Article provides vital context for this conversation. Its descriptive account of the ESG investment landscape drawn from hand-collected 2018-2019 data on a sample of active and passive ESG and traditional funds documents great variation in their investment strategies, portfolios, voting records, and fees. The underlying variation across funds, however, is largely opaque to consumers - who rely on the ESG acronym at their peril. Building on our case study, we examine the supply and demand side drivers fueling ESG market growth, variation, and opacity, and explore mechanisms to better match high-ESG committed investors to high-ESG committed funds, including enhanced transparency and regulation of intermediaries
Defensive Glass Ceilings
No full textThe #MeToo Movement is a grassroots effort mobilized by victims of sexual assault and sexual harassment to end sexual violence and sex-based discrimination against women. Though in its infancy, the movement has been a catalyst for significant legal and cultural reform. The movement has also brought to light credible accusations of various sex-based misconduct, causing the careers of prominent men to nosedive. Men have reacted by doubling down on decades-old workplace sex-based inequities and practices to avoid women in the workplace and hedge against allegations of wrongdoing or the appearance of impropriety. The American workplace will be more sex-segregated if recent anecdotal evidence of men increasingly dodging women is indicative of a wider, long-term trend.At the same time, women are punished on the job for being too friendly at work or because they are perceived as too attractive, mistreatment stemming from men’s fears that they are unable to exercise self-control, that women are “overly-sensitive,” or that women might make baseless accusations against them. Too often courts have declined to recognize these invidious employment practices as unlawful sex discrimination because judges fail to see these behaviors as manifestations of systemic gender policing. Judges, instead, chalk it up to a few bad apples misbehaving. The hue and cry of this paradigm-shifting moment is ripe to reconsider the law’s prior understanding of sexual harassment and sex discrimination in the workplace.This Article advances two primary arguments. First, employment practices that create different rules of workplace engagement, which are motivated by ambivalent sexism and are for the primary benefit of men, form defensive glass ceilings — a term first introduced by this Article. Second, because defensive glass ceilings are a structural barrier to women’s employment opportunities, the employer practices that create them are prohibited under existing employment anti-discrimination laws. In advancing this position, the Article offers the most detailed and extensive discussion published to date of uses for an infrequently utilized provision of Title VII, § 703(a)(2), to make disparate treatment claims
