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No full textPhoto of Michael Bosworth, partner and deputy counsel at Goldman Sachs.https://scholarship.law.columbia.edu/cutting_edge_podcast/1003/thumbnail.jp
Red Summers VR: Houston 1917 and Camp Logan
No full textIn Houston 1917 a race riot broke out after members of the all-white Houston police department arrested a soldier in an all-Black army regiment for attempting to intervene in a Jim Crow confrontation between local police and a Black woman. When a higher ranking officer went to check on the the arrested soldier he was forced to flee while being shot at by local police. This occurred a few weeks after the East St. Louis Race Massacre of 1917. Members of the all Black regiment decided to arm themselves and go into Houston to take a stand. After a violent night that left almost two dozen people dead and injured, only the Black soldiers were penalized.https://scholarship.law.columbia.edu/ross_smith_red_summers/1006/thumbnail.jp
CRT2 S1 Ep7: Color Lines: Geography and Racial Control
Get PDFThe histories of slavery and segregation have not only left distinctions between the economic and social realities of people of different races in the United States, but have literally shaped the geography and environments we live in. Racial identities of different communities and geographies are as obvious as any other physical attributes of the community. Not only to they shape the character and culture of communities, but continued geographic segregation has resulted in health crises and facilitated mass incarceration, particularly in Black communities.
In this episode of CRT2 (Critical Race Theory / Columbia Race Talks) features two interviews: one with Stephanie Cooper, Vice President of Rise St. James, an environmental justice activist group based in the infamous Cancer Alley region of Louisiana; the other with Flores Forbes, writer, urban planner in New York City for decades, and is currently an associate vice president in the Office of Government and Community Affairs, Columbia University. They both discuss their experiences with environmental racism, modern day segregation, and efforts by police and other authorities to intimidate and even incarcerate Black community-members.
We will also cover how the commonsense and historical understandings of the racial identity of place are not recognized in the law. The color-blind constitution allows governments and decisionmakers to use geography and space to place society’s pollution burden on Black communities.https://scholarship.law.columbia.edu/crt2/1008/thumbnail.jp
CRT2 S1 Ep0: Trailer
Get PDFColumbia Race Talks/Critical Race Theory (CRT2) uses concepts of CRT to bring you stories about environmental justice, gender based violence, the child welfare system, legal education, the legacies of slavery, social justice lawyering and reproductive rights. Each episode of CRT2 cuts through the fog of myth and misinformation surrounding the CRT culture wars, taking a deep dive into issues of race, racism and racial justice.https://scholarship.law.columbia.edu/crt2/1000/thumbnail.jp
Russia, Ukraine, and the Future World Order
Get PDFRussia\u27s invasion of Ukraine, initiated on February 24, 2022, is among the most — if not the most — significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of International Law, that however this war ends, it will reshape, in ways large and small, the world we all inhabit
The Road to a Federal Family Court
Get PDFThe family court became a “federal” family court in the 1990s and early 2000s when the federal government transformed the court into a full partner with state and local child protection agencies in monitoring families. Federal funding mandates that had shaped and expanded state child welfare, foster care, and adoption systems since the early 1970s began to be applied more purposefully to address the role of family court in supervising those systems. The Clinton administration developed and implemented the Adoption and Safe Families Act of 1996 (ASFA) as a mechanism to harness the runaway size of the nationalized child protection system. ASFA was a time-limiting remedy to accelerate decision-making by child protection authorities and family court judges, focused especially on achieving adoptions. Preventive efforts made to keep families safely together or reunite them were largely abandoned. Instead, vast numbers of families were torn apart permanently through termination of parental rights and many anticipated adoptions never happened, leaving thousands of children ageing out of foster care without a legal family. The family court largely abandoned its independent decision-making authority under this new collaborative and monitoring regime
Shifting Influences on Corporate Governance: Capital Market Completeness and Policy Channeling
Get PDFCorporate governance scholarship is typically portrayed as driven by single factor models, for example, shareholder value maximization, director primacy or team production. These governance models are Copernican; one factor is or should be the center of the corporate governance solar system. In this essay, we argue that, as with binary stars, the shape of the governance system is at any time the result of the interaction of two central influences, which we refer to as capital market completeness and policy channeling. In contrast to single factor models, which reflect a stable normative statement of what should drive corporate governance, in our account the relation between these two governance influences is dynamic.
Motivated by Albert Hirschman’s Shifting Involvements, we posit that all corporate governance systems undergo repeated shifts in the relative weights of the two influences on the system. Capital market completeness determines the corporate ownership structure and privileges shareholder governance and value maximization by increasing the capacity to slice risk, return, and control into different equity instruments. The capability to specify shareholder control rights makes the capital market more complete, tailoring the character of influence associated with holding particular equity securities and its reciprocal, the exposure of management to capital market oversight. Policy channeling, the real government’s instrumental use of the corporation for distributional or social ends, pushes the corporate governance gravitational center toward purposes other than maximizing shareholder value.
We show that this pattern is not limited to a particular country, and illustrate our argument by tracing the cyclical reframing of Berle and Means’ thesis in the U.S., Japan’s sluggish shift from policy channeling in its postwar heyday toward capital market completeness under the Abenomics reforms, and the distinctive case of China, where capital market completeness has itself been used as a policy channeling instrument under the pervasive influence of the Chinese Communist Party, creating the world’s most stakeholder-oriented system of corporate governance.
We close by examining the means through which the current shift toward policy channeling in U.S. and U.K. corporate governance is taking place – the “stewardship” movement and the debate over “corporate purpose.” We view both as a reaction to the reduced managerial discretion caused by the reconcentration of ownership in the hands of institutional investors, and analyze factors suggesting that this reform movement, like others before it, is likely destined to result in a disappointment-driven shift in the opposite direction, what we label a shifting influence
How Federalism Built the FBI, Sustained Local Police, and Left Out the States
Get PDFThis Article examines the endurance of police localism amid the improbable growth of the FBI in the early twentieth century when the prospect of a centralized law enforcement agency was anathema to the ideals of American democracy. It argues that doctrinal accounts of federalism do not explain these paradoxical developments. By analyzing how the Bureau made itself indispensable to local police departments rather than encroaching on their turf, the Article elucidates an operational, or collaborative, federalism that not only enlarged the Bureau’s capacity and authority but also strengthened local autonomy at the expense of the states. Collaborative federalism is crucial for understanding why the police have gone for so long without meaningful state or federal oversight, with consequences still confronting the country today. This history highlights how structural impediments to institutional accountability have been set over time and also identifies a path not taken, but one that can still be pursued, to expand the states’ supervisory role over local police
America\u27s Lawyerless Courts: Legal Scholars Work to Recommend Large-Scale Changes in Lawyerless Civil Courts
Get PDFAt approximately 9:00 on most weekday mornings, thousands of state civil courts open their doors and begin hearing cases. These cases involve hundreds of thousands of people acrossthe country. State civil courts are the core of America\u27s civil justice system, whether measured by a raw number of cases or courts\u27impact on ordinary people\u27s lives. These courts handle 98% of all civil matters filed each year – around 20 million cases.
Many people are pulled into civil court because they cannot pay their rent or debts. Many more come to court for help with intimate and family relationships, including those seeking a divorce, protection from abuse, custody of a child or guardianship of a family member with disabilities.
We are researchers, lawyers and professors who study civil justice. We have practiced in and studied state civil courts for almost two decades. We have observed court proceedings in multiple states for hundreds of hours; interviewed judges, court staff and lawyers; and analyzed case data. We have spoken with bar and judicial associations, researchers and policymakers from coast to coast. We have explored the impact of legal representation and its absence and the role of judges, paraprofessionals and court staff; we have also seen what happens when ordinary people represent themselves in court
United States Response to Questionnaire
Get PDFALAI-USA is the U.S. branch of ALAI (Association Littèraire et Artistique Internationale). ALAI-USA was started in the 1980\u27s by the late Professor Melville B. Nimmer, and was later expanded by Professor John M. Kernochan