6163 research outputs found
Sort by
Universal Forms of Influence: Support for Women on Boards
Get PDFThere are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.
This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits of diversity. Part II discusses how difficult it is for women to impact decision-making when they do not occupy a significant number of the board seats. In Part III, we outline the forms of influence as described by Professor Robert Cialdini. This Part also analyzes how the arguments made by the late Honorable Ruth Bader Ginsburg (RBG) and the rest of the legal team in Moritz v. Commissioner of Internal Revenue, track most of the research-based influence strategies as delineated by Professor Cialdini. Part IV proposes that the teachings from the management and organizations literature, particularly the work of Professor Cialdini, may be useful for promoting the voices of women who have attained positions of organizational leadership. Concluding remarks follow
Dual Taxation - Unbalanced and Arbitrary
Get PDFDual Taxation in Indian Country happens when a state assesses taxes on private, non-tribal activities or transactions on tribal land in addition to taxes assessed by a tribe. Some analysts suggest that dual (or double) taxation puts tribal governments and citizens at a disadvantage, but the situation may be more nuanced. While dual taxation has been analyzed in depth from a legal perspective, this paper analyzes its economic consequences. With taxation, the stakes can be high. State tax revenues generated on tribal lands are revenues that tribes forgo collecting, limiting the tribal resources available for economic development and social programs. Indian Country is largely rural, and the lack of population centers and infrastructure makes economic development challenging. Many tribal areas have high levels of unemployment and a high percentage of populations with incomes below the poverty level. Thus, any loss of potential tribal revenue can exacerbate existing challenges. This paper sketches the evolution of dual taxation in case law, discusses the economic implications of those decisions and suggests a systematic way to undertake a balancing analysis
Indo-Pacific Conflicts will be Reimagined in Outer Space Exploration
Get PDFThis article will focus on the effects of international treaties and how they can be utilized to govern the future of outer space exploration. The discussion will include evaluating how modern changes in technology have created a need for updated outer space-specific treaties to ensure that outer space does not become a contentious zone between countries. This article will begin by exploring the developments in outer space that have created a new space race. Then, it will discuss the Indo-Pacific conflict and why the current multilateral treaty strategy that is used in the region will not be effective in outer space treaties. The article identifies and analyzes strategies and tools for the international community to use for better enforceability of current and future mechanisms in an effort to keep the original goal of the Outer Space Treaty of 1967 in tact and make space a place of free and safe place for mankind to explore without contention
A Path Forward: Litigating the Treaty-Based Claims of Children Sexually Abused in the Indian Health Service System
Get PDFIn 1855, representatives for the United States traveled to the Great Plains with orders to seek peace with Blackfoot Nation so the westward expansion of “civilized” white settlers could continue without interruption. After weeks of negotiations, the United States plan materialized. The terms of these promises were memorialized on October 17, 1855, in a treaty between the United States government and Blackfoot Nation.
One hundred and sixty-seven years later, representatives for the United States and the Blackfoot Nation convened in Rapid City, South Dakota to discuss the U.S. government’s breach of the treaty’s terms. Eight Native men, including three from Blackfoot Nation, filed lawsuits seeking redress from the government for the sexual abuse they suffered as children at the hands of their pediatrician at the U.S. Indian Health Service (IHS), a federal health service program. Dr. Stanley Patrick Weber sexually abused scores of young male patients during his 30 years working as a pediatrician at IHS. Despite having knowledge of Dr. Weber’s threat to children, the IHS hired, protected, and even promoted him.
This Article is intended to provide a practical lesson on how to approach sexual abuse claims against the U.S. government under a breach of treaty theory. Part I provides an in-depth narrative of Weber’s transgressions and the government’s role in facilitating his abuse. Part II provides an overview of procedural and substantive considerations in bringing a breach of treaty case. Part III provides practical guidance on how to research and frame a breach of treaty claim, including discussion of several types of treaty clauses that can serve as bases for such actions
Interest Convergence in Immigration Law and Theory
No full textThis article explores the legal doctrine of corporate criminal liability in the United States, tracing its historical development and the complexities involved in prosecuting corporate misconduct. It examines the ongoing debate between strict liability and the requirement for intent, analyzes key judicial precedents, and assesses the efficacy of compliance programs in mitigating liability. The article advocates for a balanced approach that enhances corporate accountability while avoiding disproportionate punitive measures that may exceed the scope of individual wrongdoing within the organization
Crisis as a Catalyst for Rebirth: Disrupting Entrenched Educational Inequality in the COVID Era
No full textThe public health and socio-economic crisis that has resulted from the pandemic has amplified existing social inequalities. The disparate racial impact of COVID-19 is a consequence of enduring social, economic, and political injustices that manifest in the form of health status and access, wealth, employment, and housing, all of which have contributed to a greater susceptibility to the virus by racially minoritized communities. racial inequities, educational inequities, The compounding of racial inequities in all aspects of American life has logically extended to the educational sphere, where pre-pandemic educational inequities have been greatly exacerbated. In marking the passage of the 65th anniversary of Brown v. Board of Education, we must take stock of the current civil rights challenges of our time. This paper will examine the state of educational inequality from a racial lens both prior to and during the COVID crisis. As this paper will explain, the pandemic has further revealed the American public education system to be as inherently as unequal as it was during Jim Crow segregation. Race-neutral educational policies and funding has been exposed as little more than a thin veneer for reconceptualized, contemporary iterations of a pre-Brown system that has failed children of color and continues to do us under the modern regime. America has a long overdue and unsettled educational and moral debt to pay to its Black and Brown children. In examining the historical conditions that have allowed for advances in racial justice, this paper will argue in favor of the possibility of ideological and systemic change amidst crisis. A structural rebirth that abandons white hegemony cannot, however, be achieved through legal reform alone. The patently unequal education afforded to non-white children, even after more than half a century of civil rights litigation, demands a renewed focus on educational equality that is centered on the needs of Black and Brown children. It necessitates the creation of a robust educational reparation programs and the desegregation of school funding that ensures that children of color are able to access a high quality public education premised on fair funding and that abandons artificial notions of colorblindness and a far-from-achieved post-racial reality
Inside or outside?: Remarks on Abitron v. Hetronic (U.S. 2023)
No full textAbitron v. Hetronic (U.S. 2023) is the U.S. Supreme Court\u27s most recent pronouncement on the extraterritorial reach of the U.S. trademark laws. These remarks, made at the annual Supreme Court IP Review, explain the decision\u27s significance and explore its potential reach
Good Newsletter February 6, 2023
Get PDFhttps://digitalcommons.law.seattleu.edu/goodnewsletter/1005/thumbnail.jp