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Supreme Court Fact-Finding and the Distortion of American Democracy: Hearing Before the Subcommittee on Federal Courts, Oversight, Agency Action and Federal Rights of the Committee on the Judiciary, Senate, One Hundred Seventeenth Congress, First Session
Get PDFNate Oman on Contracts, Markets, and Liberalism
No full textNate Oman is a Professor of Law at William and Mary Law School. Nate has written extensively about contract theory and law and religion, and he is the author of several articles and books, including The Dignity of Commerce, published in 2016 by the Chicago University Press. In this episode, we talk about his work on contract theory
Reform, Retrench, Repeat: The Campaign Against Critical Race Theory, Through the Lens of Critical Race Theory
Get PDFThe protest movement ignited by the 2020 murder of George Floyd was of a scale unprecedented in U.S. history. The movement raised the nation’s consciousness of racial injustices and spurred promises—and the beginnings—of justice-oriented reform. Reform and racial progress, however, have rarely been linear over the course of U.S. history. Instead, they typically engender resistance and retrenchment. The response to the current justice movement is no exception. One manifestation of the retrenchment has been a rush by states to enact legislation curtailing race-related education in government workplaces and in public schools, colleges, and universities.
These legislative measures purport to prevent the teaching of “divisive” tenets of Critical Race Theory (CRT), an intellectual discipline that originated in the legal academy in the 1980s. The proposed bills and enacted statutes, however, will instead prevent educators, for fear of incurring threatened penalties, from teaching about the role of racism in U.S. history and engaging students in meaningful discussions about race. If they remain in place, the laws increase the chances that the next generation of students will remain uninformed of the racial history of the United States and its legacy and will thus come of age unmotivated—and unequipped—to improve upon it.
This Article describes first the racial justice movement that surged after Floyd’s murder, then the resistance and retrenchment that rapidly followed. Next, it draws on CRT to place these events in historical and theoretical context. It describes the intellectual predecessors of CRT, the emergence of CRT as an intellectual and political movement, and its core insights. It explains how the insights of CRT, despite being caricatured by conservative opponents of race reform, instead explain the retrenchment and backlash to the racial justice movement—including the evolution of the ideologies that anchor it, and the use of institutions, including the law, to entrench the status quo and the racial hierarchies it comprises
Corporate Venture Capital
Get PDFThis Article makes the case for corporate venture capital as a potentially game-changing entrant into entrepreneurial finance. Part II begins by retracing the ancillary players in entrepreneurial finance and their roles in the startup ecosystem. After finding each of them incapable of denting the venture capitalist’s current dominance, Part III introduces the large corporation as venture capitalist. Part III discusses the growing scale of corporate venture capital and why it may be desirable for startups, innovation, and society as a whole. Part IV looks at legal differences that may become important for corporate venture capitalists to consider, including securities, antitrust, and corporate law concerns.
Importantly, the Article concludes not by per se endorsing corporate venture capital over venture capital, but recognizing that corporate venture capital has a greater role to play in entrepreneurial finance going forward. It is likely that corporate venture capital and traditional venture capital work side-by-side. This new state of the world with corporate venture capitalist has important implications for future law-and-entrepreneurship and law-and-economics scholarship. As a descriptive piece of scholarship, this paper answers some questions but leaves others that need empirical investigation dangling. Normatively, it makes the cautious case for corporate venture capital, finding strong tailwinds and few legal concerns
National Center for State Courts, International Programs Division in Arlington, Virginia
No full textThis summer, I will support efforts to expand and improve the quality of justice through technical assistance, training and technology. My work will include collaborating with government institutions, civil society actors, educators, researchers and development partners around the world
Cultural Heritage Partners in Richmond, Virginia
No full textThis summer, I will assist in providing advice and legal services relating to cultural heritage law. I will participate in a variety of practice areas including heritage preservation, art and antiquities, indigenous heritage, and environmental, social, and governance matters
Constitutional Court of Indonesia, Indonesian Human Rights Commission, Indonesian Electoral Commission, Election Supervisory Committee and Center for Constitutional Studies in Padang & Jakarta, Indonesia
No full textThis summer, I will research constitutional and electoral issues and analyze ongoing democratization efforts in Indonesia
