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Lifting Labor’s Voice: A Principled Path Toward Greater Worker Voice And Power Within American Corporate Governance
Get PDFThe dramatic decline in corporate gainsharing with American workers over the last two generations has contributed to stagnating wages, soaring inequality, and economic insecurity. There are global causes of greater inequality and depressed pay that go beyond the decline in workers’ share. But many public policymakers and economists believe that the reduced share of corporate prof its that American workers receive has been a major factor in the much larger increase in inequality that has occurred in the United States, compared to its market economy allies in the Organization for Economic Co-operation and Development (OECD). To some, the explanation for the change in the division of the corporate pie is simple. During this period, the power of the stock market over American companies has drastically increased while the leverage of working people in the corporate power structure has drastically decreased, leading to stockholders grabbing much more of the pie and leaving workers with crumbs
The Future of Board Time and Priorities
Get PDF“Houston, we’ve had a problem.”
Popularized by the 1995 film Apollo 13, this one line signals a dramatic turning point in the story of the 1970 mission to land three people on the surface of the moon.
It recounts the pivotal moment when carefully laid plans for a 33-hour stay on the moon are about to go awry. The very purpose of the mission — two space walks, a series of geological surveys, and the placement of scientific instruments that would send data back to Earth for long after — is in jeopardy.
It is the moment when the playbook suddenly takes a back seat to more urgent priorities.
Crisis erupts.
And everything changes
The Institutions of Family Law
Get PDFFamily law scholarship is thriving, with scholars using varied methodologies to analyze intimate partner violence, cohabitation, child maltreatment, juvenile misconduct, and child custody, to name but a few areas of study. Despite the richness of this discourse, however, most family law scholars ignore a key tool deployed in virtually every other legal-academic domain: institutional analysis. This methodology, which plays a foundational role in legal scholarship, focuses on four basic questions. Scholars often begin empirically, identifying the specific legal, social, and economic institutions that shape an area of legal regulation. Beyond descriptive accounts, scholars analyze how authority is and should be allocated across institutions — what is called institutional choice. Scholars similarly consider questions of institutional design, exploring how a specific institution operates and asking whether the institution could be more efficient and effective. Finally, scholars evaluate institutional frictions, anticipating the institutions that are likely to advance or impede law reform.
For nearly every contemporary issue in family law, a descriptive account of relevant institutions and an analysis of institutional choice, institutional design, and institutional friction would add critical — and missing — elements to current debates. To demonstrate the value of this methodology, this Article frames the relevance of these four dimensions of institutionalism and begins the process of applying that frame to specific controversies at the heart of contemporary family law. The resulting insights across a range of doctrinal, theoretical, and policy debates are deeply relevant to scholars, lawmakers, and policymakers. In short, it is long overdue for family law scholars to join the ranks of institutionalists, and this Article charts the path for doing so
The \u3cem\u3eIn Rem/In Personam\u3c/em\u3e Distinction and Partitioning for Persistence
Get PDFIn the second of his two famous articles, Hohfeld seeks to do for the in rem/in personam distinction what he did so persuasively in his first for the terminology of rights, claims, duties, privileges, powers, immunities, and disabilities, which was to identify their essence, and to thereby describe the “natural kind” (in more modern parlance) lurking beneath the thicket of confused juristic rhetoric. The thesis in this second article, however, is a simpler and in some way more beguiling one than in his first. He claims that what the distinction between in rem and in personam jural relations comes down to is the contrast between what he calls “multital” and “paucital” relationships
Federalism and Equal Citizenship: The Constitutional Case for D.C. Statehood
Get PDFAs the question of D.C. statehood commands national attention, the legal discourse remains stilted. The constitutional question we should be debating is not whether statehood is permitted but whether it is required.
Commentators have been focusing on the wrong constitutional provisions. The Founding document and the Twenty-Third Amendment do not resolve D.C.’s status. The Reconstruction Amendments — and the principle of federated, equal citizenship they articulate — do. The Fourteenth Amendment’s Citizenship Clause, as glossed by subsequent amendments, not only establishes birthright national citizenship and decouples it from race and caste but also makes state citizenship a constitutive component of equal national citizenship. Because the Founding architecture of federalism has remained in place as political rights have become integral to U.S. citizenship, national citizenship must be realized in part through the states. All Americans living in the United States, including in the District of Columbia, are constitutionally entitled to claim state citizenship where they reside.
Beyond realizing a constitutional obligation, Congress’s admission of D.C. to the Union would serve American federalism. Many of federal-ism’s normative values — from creating spheres of minority rule, to satisfying local preferences, to providing laboratories of experimentation — are not well-realized in practice. But the very features of D.C. that have long impeded its recognition as a self-governing political community introduce new possibilities for achieving these values. As a plurality Black state, D.C. would provide a novel forum for federalism to empower people of color. And as the nation’s first city-state, D.C. would facilitate subsidiarity by merging federalism and localism
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No full textPhoto of Olatunde C.A. Johnson, Jerome B. Sherman Professor of Law at Columbia Law School.https://scholarship.law.columbia.edu/through_the_gale_podcast/1000/thumbnail.jp
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No full textPhoto of Kendall Thomas, Nash Professor of Law at Columbia Law School.https://scholarship.law.columbia.edu/through_the_gale_podcast/1014/thumbnail.jp
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No full textPhoto of Theodore M. Shaw \u2779, Director of the Center for Civil Rights at the University of North Carolina Chapel Hill.https://scholarship.law.columbia.edu/through_the_gale_podcast/1009/thumbnail.jp
Through the Gale: Introduction – Why This Podcast?
Get PDFJoin the hosts of Through the Gale as they detail the background and significance of the podcast and give listeners a preview of what’s to come.https://scholarship.law.columbia.edu/through_the_gale/1001/thumbnail.jp
Through the Gale Ep4: Lawyering, Leadership, and Democracy – Public Service
No full textLawyers have historically played an essential role in expanding access to elections. While the 2018 elections ushered in a record number of women and people of color into public office at the local, state, and national levels, state legislatures also launched efforts to restrict voting access and rights. The barriers facing voters and candidates of color, and threats to the democratic process were highlighted again in 2020, as lawyers played a key role in both expanding access to voting and in efforts to overturn the 2020 presidential election results, despite the falsity of their claims.
How are lawyers working to promote diverse electoral representation and ensure broad voting access? Are lawyers mere partisans or do they have a special role in advancing rule of law values in service of democracy? In this episode, the hosts meet with Amanda Litman (Run for Something) and Sam Spital (NAACP Legal Defense & Educational Fund) to delve into public service, the aftermath of the 2020 election, and the roles that lawyers play in the democratic process.https://scholarship.law.columbia.edu/through_the_gale/1005/thumbnail.jp