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LAW AND SOCIAL JUSTICE: OPERATIONALIZING STAKEHOLDER THEORY IN GOVERNMENTAL REGULATIONS AND CORPORATE DECISION-MAKING FOR SOCIAL AND ECONOMIC SUSTAINABILITY, RESILIENCE, AND DEMOCRACY
Get PDFIt is time to shed the twentieth century capitalistic ways of shareholder maximization. It is time to fashion a “new” capitalism which retains the competitive dynamic but redefines its force to create a more socially just society. That is a huge order, to say the least. But, there is a path to that end. The 2019 U.S. Business Roundtable’s announcement, the creation of the Benefit Corporation, and the United Kingdom’s 2006 Companies Act began that process. These developments are enabling the beginning of the redefining of one of the bedrocks of capitalism: fiduciary obligation. The methodology of these developments is the stakeholder theory of corporate and governmental decision-making. Drawing on concepts such as utilitarian philosophy, social justice, and democratic principles, this paper explores the realities and potential of stakeholder corporate governance on concepts of corporate governance. The stakeholder approach to corporate and governmental decision-making affects all aspects of society. However, it requires a paradigm shift in our thinking to shape a holistic, comprehensive, and sustainable perspective. Those who are affected by market decisions have a fundamental right to have their interests considered, whether it be through corporate decision-making or governmental regulations. Stakeholder theory may take many forms in its application to a capitalistic market. It shares two basic concepts with democracy: equity and sustainability–equity because it is fair and brings all parties “[to] the table” and sustainable because all parties are invested and heard
Administering Environmental Justice: How New York’s Environmental Rights Amendment Could Transform Business as Usual
Get PDFSince New York became the latest state to pass an environmental rights amendment, there has been a great deal of analysis regarding how the judi- ciary will interpret the Green Amendment; however, state and local officials need not wait for the courts to enforce the Green Amendment. This Article explores the authority state and local officials have to carry out the purpose of the Green Amendment. Additionally, it discusses what the passage of the Green Amendment means in practice and how, and why, state officials such as the Attorney General should implement the Green Amendment
Indigenizing the Right to a Healthy Environment
Get PDFThe most severe impacts resulting from environmental degradation are experienced by already-vulnerable populations, including Indigenous peoples. A growing number of countries are formally recognizing the basic human right to a healthy environment, which can help realize environmental and climate justice for these communities. On July 28, 2022, the United Nations General Assembly passed a landmark resolution formally recognizing the human right to a clean, healthy, and sustainable environment. The adoption of this resolution represents a pivotal moment in the understanding and implementation of a human rights-based approach to protecting the environment. However, it is important to recognize that historically, Indigenous peoples have recognized and practiced the principles that make up the contemporary concept of a human right to a healthy environment. The unique relationship Indigenous peoples have with the environment and their traditional knowledges are increasingly being recognized and can help inform further efforts to implement the right to a healthy environment by countries that have yet to do so, such as the United States.
This Article begins by defining the human right to a healthy environment. The Article then outlines how the right to a healthy environment was secured at the international level. Such efforts have often involved the successful merger of Indigenous values, environmental law, and human rights, resulting in a harmony of equitable and productive environmental governance. The Article subsequently examines the potential implementation of this right within the United States and what Tribal Nations have to contribute to the dialogue. Indigenous communities have been and are instrumental in advancing laws and policies aimed at reducing environmental and climate injustices. Accordingly, the Article concludes with recommendations on how Indigenous voices can continue to be elevated and the basic human right to a healthy environment obtained for all
Powerless Beings: Solitary Confinement of Humans and Nonhumans in America
Get PDFEvery day, thousands of humans and millions of nonhumans endure solitary confinement. Human prisoners held this way are confined for twenty-two to twenty-four hours a day for weeks, months, or even years on end in cells the size of a parking space. For these humans, the experience is tortuous. Captive animals held in solitary confinement similarly spend much of their lives locked into tiny spaces, isolated, and deprived of the types of interactions and environment essential to their wellbeing. And, like humans, they are driven mad. In human and nonhuman settings, the agony of solitary is chillingly alike and harmful. And, in neither setting is it justifiable or necessary.This Article uses a comparative format to examine the moral, penological and scientific shortcomings of solitary confinement across species. Part I describes how solitary confinement is used in human and nonhuman settings and shows the deep wounds that it inflicts in both. Part II examines why the legal structures under which solitary confinement is imposed (on humans and nonhumans) offer inadequate protections from its depredations. Part III argues that incarcerated beings have no legal protections because they are powerless and invisible. In Part IV, the authors write individually. The author with expertise in prison law (Mushlin) describes how solitary confinement would end in penal facilities if prisoners were empowered and their rights protected. Next, the author with expertise in animal law (Cassuto) explains why solitary confinement for animals in zoos, aquariums and laboratories should and could be abolished. The authors conclude with a call to empower creatures subjected to solitary confinement. If all vulnerable beings are adequately protected, the unnecessary suffering inflicted by solitary confinement will finally end
The Art of Hoarding: Hoarding Behavior as it Relates to Art Engagement
Get PDFThere has been a long history of artists as collectors, amassing objects as both part of their creative process and for personal enjoyment. However, it remains to be seen if some of the more extreme collecting tendencies of artists may be instead classified as hoarding. Although, there has been some examination of the relationship between artists and creativity to hoarding, there is a dearth of empirical investigation into the relationship between art engagement and hoarding behavior. Further, artists’ and hoarding behavior are mutually associated with some personality traits and cognitive functions. Given such parallels and the overall lack of research regarding studio artists and hoarding, the present study aimed to assess if art engagement is related to hoarding behavior. 125 participants who varied in age, gender, race/ethnicity, year in school, major, art engagement, and hoarding behavior were recruited. After being screened to determine if they qualified, participants were surveyed about their demographic information, frequency of active engagement with the arts, and hoarding behavior. To assess if art engagement was related to hoarding behavior, we conducted a regression analysis. We hypothesized that results would indicate that art engagement was positively correlated with hoarding behavior. Our results revealed evidence consistent with our hypothesis, suggesting that those who score higher in art engagement are somewhat more likely to exhibit hoarding behavior. The current study contributes to knowledge of hoarding behavior and may inform future treatment approaches, especially those related to artists specifically. Taken together, our findings provide preliminary evidence to warrant future examination into the possibility of studio artists being more inclined to exhibit hoarding behavior. Additional research is required to better understand the nature of the relationship between art engagement and hoarding behavior
The Relationship of Uncertainty in Illness and PTSD Symptoms in Adult Patients With Chronic Lyme Disease
No full textObjective:To assess the prevalence of and relationship between uncertainty in illness and PTSD in the population of adults with chronic Lyme disease (CLD).Design: Quantitative, cross sectional.Setting: Online, social media, Facebook, Twitter, and Instagram.Participants: A total of 231 participants who identified as having CLD. Most of the participants were college-educated, Caucasian females from the United States with ages ranging 18-75.Methods: Anonymous surveys were distributed through Lyme disease groups on social media.Results: Key findings were the significant prevalence of uncertainty in illness and PTSD in CLD patients sampled and a positive linear relationship between these two factors in this population.Conclusion: Individuals living with contested illnesses such as CLD are at a higher risk of experiencing stress, anxiety, and depression, all of which are risk factors for PTSD. The study population reported high rates of trauma and betrayal related to interactions with medical providers, symptoms of illness, and social interactions. The results of this study demonstrated high prevalence of PTSD and uncertainty in illness within the study population of adults with CLD, as well as a moderate positive relationship between PTSD and Uncertainty in Illness. Patients with CLD require competent and compassionate medical care including regular screenings for PTSD
Improving Trust in Privacy Policy for Cloud-Based Services
No full textThis paper will propose a method for cloud-based web services to improve end-user trust. Current web services fall victim to degrading trust due to a lack of transparency over an application’s activities with user data. Third parties are integrated with web services to improve the user experience, cost-effectiveness, and overall service. With the added benefits, data vulnerabilities should not be ignored. Data sharing that occurs between third parties introduces benefits for the web operator over the data originator. When a data incident occurs, like data misuse, unauthorized data access, or data sharing without user knowledge, the user is the greatest victim. The proposed framework will allow web services to integrate web 3.0 protocols into the privacy policy to demonstrate commitment to maintaining data quality before and after an incident. This will maintain trust by creating agreements with users directly
From Garcetti to Kennedy: Teachers, Coaches, and Free Speech at Public Schools
Get PDFThis Article analyzes Kennedy\u27s implications for educators\u27 free speech rights at school. It is important to note, at the outset, that the Kennedy majority\u27s description of the actual facts at issue is highly debatable. Indeed, the majority presented a sanitized account of what actually occurred on the ground, minimizing the highly public nature of Kennedy\u27s prayers and the football players\u27 involvement in them. That said, if we take the facts as the majority presented them, and then move to the majority\u27s assessment of those facts, we emerge with an interesting gloss on Garcetti. Synthesizing Garcetti and Kennedy points toward a more nuanced way of discerning the line between when teachers are speaking purely as employees (in which case no First Amendment protection applies) and when they are simultaneously speaking as employees and private citizens (in which case the First Amendment does have a role to play). This Article argues that when the speech involves the delivery of the educational program itself to students (including both academics and extracurricular activities), it should be seen as pure employee speech. Examples falling into this category include curricular and pedagogical choices, classroom decorations, coaching techniques, and the ways in which students are addressed (e.g., pronouns). But there is also speech that falls outside this scope, even though it happens at school and students may therefore see or hear it. This includes, for instance, what educators choose to wear, the decoration of their own private offices, the pronouns that they use for themselves, and--as the Kennedy Court put it--“whether they “pray[] quietly over ... lunch in the cafeteria.” In these latter situations, this Article suggests, the speech should be recognized as implicating enough of a “private citizen” component to give rise to a First Amendment interest, one that must ultimately be weighed against the school district\u27s interests in regulating the speech.
The Article proceeds in four parts. Part I discusses the state of the law before the 2022 Kennedy decision. This includes the pre-Garcetti uncertainty over how to conceptualize teachers\u27 free speech rights at school, how Garcetti affected this analysis, and the rough post-Garcetti consensus that emerged from 2006 to 2022 as amplified by the “government speech” doctrine. Part II turns to Kennedy, examining the case through the lens of school district employees\u27 free speech rights. Part III suggests a new synthesis of Garcetti and Kennedy for analyzing this issue, proposing a framework that can guide school districts and courts as these sorts of speech controversies recur in the future. That framework uses, as its dividing line, whether the speech in question involves the delivery of the educational program to students. Part IV briefly concludes
“With Intent to Destroy, in Whole or in Part”: Genocide, Ethnic cleansing, and a Lost History
Get PDFDrawing upon original research into the travaux préparatoires of the 1948 Genocide Convention, this Article advances several claims that complicate the standard account according to which genocide must entail a purpose to physically destroy at least a substantial part of a protected group. The core of the Article closely explores the words “intent,” “destroy,” and “in part,” showing how international authorities have settled on a received and largely uninterrogated wisdom regarding the meaning of these terms, one which is supported neither by the drafting history of the Genocide Convention, nor even by the actual results of the judicial decisions that purport to apply these requirements. In addition, this Article defends an alternate interpretation according to which the genocide label extends to acts of mass killing whose ultimate goal is displacement rather than comprehensive extermination.
Ultimately, any attempt to delineate the genocide/not genocide distinction will involve an indeterminate and somewhat arbitrary line. While acknowledging that limitation, this Article defends its approach as the most consistent with the lost history of the Genocide Convention and also as one that is normatively preferable