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Rethinking Political Considerations in Investment
Get PDFFive years ago, Professor David H. Webber was invited to deliver an address both to our Delaware Law School community and to the Delaware Bench and Bar as Visiting Scholar in Residence of Corporate and Business Law. Webber\u27s Speech, Rethinking \u27Political\u27 Considerations in Investment, made several predictions about the rise of politicized investment which were quite prescient. As relevant today as when it was delivered, this piece explores the consideration of investment factors outside the traditional realm of shareholder profit maximization, both in its current state and in the future. Webber\u27s analysis of how investors balance the role of capital accumulation with the special concerns of their members is addressed with objectivity and attentiveness. As political factors are on the rise in what seems every facet of our national landscape, it is increasingly important to address how such forces can impact markets and economies. On the occasion of its fifth anniversary, the Delaware Journal of Corporate Law has decided to publish the speech so it can be read by a broader segment of the corporate law community.
/= / \u3e- Dante S. Pavan, Editor-in-Chie
The Chauvin Verdict and Lessons from Brown: Who Are We, America?
No full textOn April 20, 2021, a jury convicted former Minneapolis police officer Derek Chauvin for murdering George Floyd. Following the trial, Professor Kimberlé Crenshaw reflected that “until the very moment the verdict was read, it was an entirely open question whether, to paraphrase the Supreme Court’s decision in Dred Scott, Black people had rights that anyone was bound to respect.” Crenshaw’s words underscore that no matter the evidence—not even video of knee on neck—the trial confronted an American script in which accountability so often eludes the annihilation of Black bodies. And as Devon Carbado reminds us, the law is not a passive bystander in this script, but rather facilitates and immunizes police violence—a “co-conspirator” of sorts. Even so, the jury delivered the “right verdict”—and with it, a moment of long-awaited relief for many
The Huawei DPA: A Prologue to the Global Arrest Game?
No full textOn Sept. 24, 2021, the U.S. Department of Justice (DOJ) announced that Meng Wanzhou, Chief Financial Officer of Chinese telecom giant Huawei, had entered into a deferred prosecution agreement (DPA) on charges of conspiracy to commit bank fraud and conspiracy to commit wire fraud, bank fraud and wire fraud. In so doing, Meng admitted to making material misrepresentations to U.S. financial institutions about Huawei’s business activities in Iran. According to the terms of the DPA, DOJ agreed to withdraw its request for Meng’s extradition from Canada and recommend to the Eastern District of New York (EDNY) that the court release her on a personal recognizance bond, with the understanding that all charges will be dismissed in December 2022 if she does not commit any additional federal, state, or local crimes.
The development ends a “damaging” trilateral U.S.-China-Canada standoff at the intersection of U.S. criminal justice, foreign relations, and international law. The good news is that it cools a source of longstanding tension between the three countries. The bad news is what it may portend for the future of U.S. extraterritorial law enforcement policy, both at home and abroad
Health Equity, Federalism, and Cannabis Policy
Get PDFCannabis policy is a story of complexity and dynamism laced with tension and inequity. Policy makers’ views are rapidly changing, reflected by many bills sitting before Congress. This Essay considers three of the major bills that have a more comprehensive approach to cannabis. These bills also take different approaches to the flipped federalism that could occur if the federal government were to suddenly decriminalize cannabis. The Essay next considers the state law landscape and compares it to Medicaid expansion under the Affordable Care Act, drawing a comparison to learn health equity lessons from recent health reform efforts. Federal legislation is needed and should at least reschedule marijuana under the Controlled Substances Act. But it should also create a legalization baseline that would improve the underlying determinants of health, which have been deeply affected by the fifty-year war on drugs. Additionally, Congress should consider how to make states into policy-making partners to more quickly entrench such a substantial policy shift. While states have been leading in cannabis policy making through the last decade, federal responsibility for major aspects of the legal landscape suggests that a federal response should take the lead and invite states to partner. Otherwise, the predictable variability of state law will continue to harm the health of already vulnerable population
Shifting Standards of Judicial Review During the Coronavirus Pandemic in the United States
Get PDFEmergencies are exceptions to the rule. Laws that respond to emergencies can create exceptions to rules that protect human rights. In long lasting emergencies, these exceptions can become the rule, diluting human rights and eroding the rule of law. In the United States, the COVID-19 pandemic prompted states to change rules governing commercial and personal activities to prevent the spread of the coronavirus. Many governors’ executive orders were challenged as violations of the constitutionally protected rights of those affected. Judges are deciding whether emergencies can justify more restrictions than would be permitted in normal circumstances and whether some rights deserve more protection than others, even in an emergency. This article analyzes ongoing litigation involving emergency restrictions on religious freedom and access to reproductive health services. These cases suggest that some judges are altering the standards of judicial review of the state’s emergency powers in ways that could permanently strengthen some rights and dilute others in normal circumstances
A Code of Ethics for Gene Drive Research
Get PDFGene drives hold promise for use in controlling insect vectors of diseases, agricultural pests, and for conservation of ecosystems against invasive species. At the same time, this technology comes with potential risks that include unknown downstream effects on entire ecosystems as well as the accidental or nefarious spread of organisms that carry the gene drive machinery. A code of ethics can be a useful tool for all parties involved in the development and regulation of gene drives and can be used to help ensure that a balanced analysis of risks, benefits, and values is taken into consideration in the interest of society and humanity. We have developed a code of ethics for gene drive research with the hope that this code will encourage the development of an international framework that includes ethical guidance of gene drive research and is incorporated into scientific practice by gaining broad agreement and adherence
Designing an Independent Public Health Agency
Get PDFWe believe that Congress should act on a bipartisan basis to fix U.S. public health institutions. Legislators could decide to merely buttress current institutions, as former commissioners have suggested be done for the FDA.1 Alternatively, legislators could consider a broad reorganization of public health functions and create a superagency, whose purview would include everything from the approval of drugs and devices to the maintenance of national stockpiles of protective equipment
Labor\u27s New Localism
Get PDFMillions of workers in the United States, disproportionately women, immigrants, and people of color, perform low-paid, precarious work. Few of these workers can improve their workplace standards because the National Labor Relations Act ( NLRA ) does not sufficiently protect their right to form unions and collectively bargain. Lacking sufficient influence in federal and state government to strengthen labor and employment law, unions and worker centers have increasingly sought to build power in cities. The shift to local labor lawmaking has delivered local minimum wage, paid sick leave, and fair scheduling ordinances covering millions of low-wage workers, as well as groundbreaking unionization and collective bargaining agreements, including in regions of the United States historically hostile to unions. This has positioned cities as a primary staging ground for labor law reform.
This Article examines this trend as a rejuvenated labor localism and this trend\u27s effects on state and local government law and labor and employment law. Labor localism advances the democratic values of labor and local law by channeling worker and community protests and bargaining through the direct democracy mechanisms of cities, instead of or in addition to the NLRA. While provoking fierce employer campaigns seeking state preemption of local lawmaking, labor localism can often manage these state-local conflicts by engaging in state law reform and pivoting to adjacent areas. Modest home rule reform can improve its stability and reach and, contrary to conventional wisdom, improve local accountability. Labor localism, finally, reveals the central roles of localism in enabling a bottom-up reform effort to counteract the weaknesses of federal labor law and in safeguarding democratic norms in the United States
Uncertain Comparisons: Zionist and Israeli Links to India and Pakistan in the Age of Partition and Decolonization
No full textFrom the end of the Second World War to the mid-1950s, Zionist and (after May 1948) Israeli politicians and bureaucrats repeatedly studied the unfolding developments on the Indian subcontinent. The events in South Asia fueled Zionists/Israelis’ “analogical imagination”: that is, the imagined analogy between the Yishuv (the pre-1948 Jewish community in Palestine)/Israel, India, and Pakistan. Some of the many parallels they saw between the tumultuous events in South Asia and the realities unfolding in Mandate Palestine/Israel included the maneuvers of the Indian National Congress and the Muslim League in the years leading up to the end of formal British colonial rule, the violence and mass population displacements accompanying independence, and the Indian and Pakistani governmental efforts to absorb millions of refugees pouring over their borders
Are Vaccine Lotteries Worth the Money?
Get PDFThis research evaluates the effects of the twelve statewide vaccine lottery schemes that were announced as of June 7, 2021 on state vaccination rates. We construct a dataset that matches information on the timing and location of these lotteries with daily, county-level data from the U.S. Centers for Disease Control (CDC) on the cumulative number of people who have received at least one dose of an emergency-authorized Covid-19 vaccine. We find that 10 of the 12 statewide lotteries studied (i.e., all but Arkansas and California) generated a positive, statistically significant, and economically meaningful impact on vaccine uptake after thirty days. On average, the cost per marginal vaccination across these programs was approximately $55