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Judge Harold Baer's Quixotic Crusade For Class Counsel Diversity, Michael H. Hurwitz
Judge Harold Baer's Quixotic Crusade For Class Counsel Diversity, Michael H. Hurwitz
Michael H Hurwitz
In this comment, the author discusses the recent rulings of U.S. District Court Judge Harold Baer, Jr. directing that proposed class counsel provide evidence of its racial and gender diversity. After summarizing the provisions of Rule 23(g) of the Federal Rules of Civil Procedure that govern the appointment of class counsel, the author analyzes Judge Baer’s rulings in light of Rule 23(g)’s requirements. The author concludes that Judge Baer’s rulings are inconsistent with the Rule’s requirements and, instead, represent the judge’s effort to impose his own policy views over the interests of the class members served by the Rule’s narrow …
The Case For Candor - Application Of The Self-Critical Analysis Privilege To Corporate Diversity Documents, Pam Jenoff
The Case For Candor - Application Of The Self-Critical Analysis Privilege To Corporate Diversity Documents, Pam Jenoff
Pam Jenoff
The Case For Candor: Application Of The Self-Critical Analysis Privilege To Corporate Diversity Initiatives Pam Jenoff Diversity has become an increasingly important part of American corporate culture in the past several decades, with companies devoting significant resources to the assessment of diversity and the implementation of plans to improve demographics, employee relations and morale. Attempts to undertake these diversity initiatives are greatly limited, however, by concerns over potential legal liability. Counsel, apprehensive that documents and other information regarding diversity issues and corrective measures may subsequently be used as evidence by plaintiffs in discrimination lawsuits, often discourage or veto outright the …
Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enríquez
Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enríquez
Paul Enriquez
This Article builds upon Philip C. Jessup’s revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-à-vis international law. This theory, called metanationalism, rejects Harold Koh’s theory of transnationalism and demonstrates that …
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie L. Ford
Principles-Based Securities Regulation In The Wake Of The Global Financial Crisis, Cristie L. Ford
Cristie L. Ford
This paper seeks to re-examine, and ultimately to restate the case for, principles-based securities regulation in light of the global financial crisis and related developments. Prior to the onset of the crisis, the concept of more principles-based financial regulation was gaining traction in regulatory practice and policy circles, particularly in the United Kingdom and Canada. The crisis of course cast financial regulatory systems internationally, including more principles-based approaches, into severe doubt. This paper argues that principles-based securities regulation as properly understood remains a viable and even necessary policy option, which offers solutions to the real-life and theoretical challenge that the …