Hauptman-Woodward Medical Research Institute
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Transnational Law as Socio-Legal Theory and Critique: Prospects for “Law and Society” in a Divided World
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The Time In Between: A Response to \u3cem\u3eA Theory of Civil Problem-Solving Courts\u3c/em\u3e
Get PDFAs small claims courts grow in numbers and popularity, more issues are beginning to rise to the surface. These issues stem from a lack of understanding of the process, not following the court’s procedural rules, and many others revolving around pro se litigants. As criminal courts begin to shift how they treat the underlying issues of defendants, so are the ideas for how to handle civil litigants. Most of the solutions proposed for solving civil courts’ issues are admirable and likely to succeed. However, as a magistrate judge and former prosecutor who worked closely with South Carolina’s first homeless court, I believe that we need to implement two solutions before the long-term plans can be realized: enforcing current contract law through the lens of pro se relaxation, and the application of homeless court principles
Make Sure You Belong! : A Critical Assessment of Integration Requirements for Residential and Citizenship Rights in Europe
Get PDFSexual Orientation Discrimination as a Form of Sex-Plus Discrimination
Get PDFThis Article examines whether sexual orientation discrimination claims are a form of sex-plus discrimination under Title VII of the Civil Rights Act of 1964. Title VII prohibits discrimination in employment on the basis of “sex.” Until very recently, every United States Court of Appeals to have interpreted Title VII’s prohibition of sex discrimination had determined that it does not encompass claims on the basis of sexual orientation. Times, and judicial interpretations, are changing. In April 2017, the United States Court of Appeals for the Seventh Circuit overturned decades of precedent by holding that sexual orientation discrimination claims are indeed encompassed within Title VII’s prohibition of sex discrimination, a ruling adopted only months later by the Second Circuit Court of Appeals. Although there is little mention of sex-plus discrimination in these watershed cases, this Article shows how aspects of the sex-plus doctrine are interwoven throughout the majority and concurring opinions in those cases, and argues that sex-plus theory is a valid basis upon which to recognize sexual orientation discrimination claims under Title VII
Snapchat\u27s Gift: Equity Culture in High-Tech Firms
Get PDFSnap, Inc., the company that owns the platform Snapchat, controversially offered nonvoting common shares to the public in 2017. This Article asks what it means to invest in Snap or other (mostly technology-based) companies in which common shareholders collectibely have little or no power to influence corporate policy. In particular, why do such investors expect to be compensated? This Article explores the familiar rationales for equity investing, including stock appreciation and dividends, and the logical shortcomings of those rationales in these circumstances. Adopting Henry Manne\u27s two systems approach to corporate affairs through both law and economics, we show that corporation law fails to ensure that corporations return business profits to shareholders. A similar analysis of the market for corporate control concludes that, without shareholder boting, the market for corporate control also fails to ensure a return to shareholders.
Shareholders who invest in firms in the absence of legal or market mechanisms to secure a return on their investment, however, are not irrational. Instead, investors rely on cultural understandings of appropriate reciprocity. This Article employs Marcel Mauss\u27s cultural anthropology classic, The Gift, to explain the equity culture in which shareholders invest in Snap and other high-technology firms, and in which such firms operate. This Article concludes by suggesting some ramifications of understanding shareholding, and consequently management, in terms of equity culture.
This Article also complements the substantial work of behavioral economics in explaining investor choice and organizational behaviors. The field of corporate finance traditionally has been organized around the figure of the rationally self-interested individual. Behavioral economics argues that people are not as rational as orthodox corporate finance assumes. This Article argues that people in markets are not as individual as corporate finance assumes
