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Articles 1 - 4 of 4
Full-Text Articles in Law
Federal Rules Of Platform Procedure, Rory Van Loo
Federal Rules Of Platform Procedure, Rory Van Loo
Faculty Scholarship
Tech platforms serve as private courthouses for disputes about speech, lodging, commerce, elections, and reputation. After receiving allegations of defamatory content in top search results, Google must decide between protecting one person's public image and another's profits or speech. Amazon adjudicates disputes between consumers and third-party merchants about defective or counterfeit items. For many small businesses, layoffs and bankruptcy hang in the balance. This Article begins to uncover the processes that these platforms use to resolve disputes and proposes reforms. Other important businesses that intermediate, such as credit card companies ruling on a disputed charge between a merchant and consumer, …
Executive Pay Clawbacks And Their Taxation, David I. Walker
Executive Pay Clawbacks And Their Taxation, David I. Walker
Faculty Scholarship
Executive pay clawback provisions require executives to repay previously received compensation under certain circumstances, such as a downward adjustment to the financial results upon which their incentive pay was predicated. The use of these provisions is on the rise, and the SEC is expected to soon finalize rules implementing a mandatory, no-fault clawback requirement enacted as part of the Dodd-Frank legislation. The tax issue raised by clawbacks is this: should executives be allowed to recover taxes previously paid on compensation that is returned to the company as a result of a clawback provision? This Article argues that a full tax …
The Millennial Corporation, Michal Barzuza, Quinn Curtis, David H. Webber
The Millennial Corporation, Michal Barzuza, Quinn Curtis, David H. Webber
Faculty Scholarship
In a prior paper, Shareholder Value(s): Index Fund ESG Activism and The New Millennial Corporate Governance, we argued that the index funds’ sudden shift towards socially-responsible investment, after decades of ignoring or opposing it, was driven by the competition to manage growing Millennial wealth. In our view, the main contribution of that paper was identifying sharp differences between Millennials and prior generations over investment, consumption, and employment. It has now become clear that this contribution has implications far beyond index-fund environmental, social and governance (“ESG”) activism and is in fact completely transforming the corporate world, marking a fundamental shift in …
Second Panel Discussion - Symposium: Who Makes Esg? Understanding Stakeholders In The Esg Debate, David H. Webber, Carmen Lu, Lisa Fairfox
Second Panel Discussion - Symposium: Who Makes Esg? Understanding Stakeholders In The Esg Debate, David H. Webber, Carmen Lu, Lisa Fairfox
Faculty Scholarship
This symposium was hosted virtually by Fordham University School of Law on October 23, 2020. The transcript has been edited for clarity and to provide sources, references, and explanatory materials for certain statements made by the speakers.
The second panel discussion was on the topic of "Stakeholders as the driving force of ESG." Panelists for the second panel were Carmen Lu, Lisa Fairfax, and David Webber.