Women In Shareholder Activism, 2023 Seattle University School of Law
Women In Shareholder Activism, Sarah C. Haan
Seattle University Law Review
Even a cursory review of the history of American environmental, social, and corporate governance (ESG) shareholder activism reveals the presence of women leaders. This Article sketches some of this history and interrogates the role of women in the shareholder activism movement. That movement typically has involved claims by minority shareholders to corporate power; activists are nearly always on the margins of power, though minority shareholders may, collectively, represent a majority interest. This Article ascribes women’s leadership in shareholder activism to their longstanding position as outsiders to corporate organization. Women’s participation in shaping corporate policy—even from the margins—has provided women with …
How Firms Turn Middle Managers Into Diversity Leaders, 2023 Seattle University School of Law
How Firms Turn Middle Managers Into Diversity Leaders, Alexandra Kalev, Frank Dobbin
Seattle University Law Review
In 2007, the Conference Board published a piece calling middle managers “the biggest roadblock to diversity and inclusion” for standing in the way of change efforts. Today, many chief diversity officers report that they have failed both to diversify middle management and to get middle managers involved in promoting inclusion. We explore popular diversity programs that create “paper” or “symbolic” principles for achieving diversity (diversity policy statements and guidelines for hiring, promotion, and discharge), as well as programs that engage middle managers in promoting diversity (special recruitment and mentoring programs, and diversity task forces). “Paper” policies often fall flat, but …
Universal Forms Of Influence: Support For Women On Boards, 2023 Seattle University School of Law
Universal Forms Of Influence: Support For Women On Boards, Cindy A. Schipani, Paula J. Caproni
Seattle University Law Review
There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.
This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits …
#Metoo And The Corporation In Popular Culture, 2023 Seattle University School of Law
#Metoo And The Corporation In Popular Culture, Brenda Cossman
Seattle University Law Review
#MeToo’s initial virtual explosion in the fall of 2017 was very much about Hollywood, with famous actresses speaking out against famous producers, media moguls and celebrities, exposing the ubiquity of sexual harassment and sexual violence in and around the entertainment industry. Since then, #MeToo has made its way into Hollywood representations without much irony. Films and television shows have explicitly taken up the #MeToo themes, exploring issues of sexual harassment and violence and its afterlives. Many television shows, from the relaunched version of Murphy Brown to Brooklyn Nine-Nine to The Good Fight have incorporated #MeToo themes into episodes exploring the …
Court’S Choice Of Law Ruling Undermines Washington Community Property Law: A Critique Of Shanghai Commercial Bank V. Chang, 2023 Seattle University School of Law
Court’S Choice Of Law Ruling Undermines Washington Community Property Law: A Critique Of Shanghai Commercial Bank V. Chang, Brian D. Hulse
Seattle University Law Review
This Article deals with the issues that arise when Washington courts face the following scenario. One spouse enters into a contract without the joinder (and perhaps without the knowledge) of the other spouse. Both spouses are domiciled in Washington. The contract has contacts with one or more jurisdictions other than Washington and is generally governed as to validity and interpretation by the law of another jurisdiction. The contracting spouse defaults and the other party to the contract obtains a judgment on the contract. The court confronts a question about the property to which the plaintiff will have recourse to collect …
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, 2023 Seattle University School of Law
When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar
Seattle University Law Review
The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …
Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, 2023 Seattle University School of Law
Policing For Profit: A Constitutional Analysis Of Washington State’S Civil Forfeiture Laws, Julia Doherty
Seattle University Law Review
The summer of 2020 reignited a conversation about the relationship between race and policing in the United States. While many have taken the opportunity to scrutinize the racially discriminate components of our criminal justice system, comparable aspects of civil law must be equally scrutinized. A particular area of concern pertains to racially biased policing and the concept of “policing for profits” with Black, Indigenous, and people of color communities (BIPOC), which is accomplished mainly through civil asset forfeiture at a state and federal level.
Table Of Contents, 2023 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A Path Forward: Litigating The Treaty-Based Claims Of Children Sexually Abused In The Indian Health Service System, 2023 Seattle University School of Law
A Path Forward: Litigating The Treaty-Based Claims Of Children Sexually Abused In The Indian Health Service System, Peter B. Janci, Stephen F. Crew, Zachary Pangares
Seattle University Law Review
In 1855, representatives for the United States traveled to the Great Plains with orders to seek peace with Blackfoot Nation so the westward expansion of “civilized” white settlers could continue without interruption. After weeks of negotiations, the United States plan materialized. The terms of these promises were memorialized on October 17, 1855, in a treaty between the United States government and Blackfoot Nation.
One hundred and sixty-seven years later, representatives for the United States and the Blackfoot Nation convened in Rapid City, South Dakota to discuss the U.S. government’s breach of the treaty’s terms. Eight Native men, including three from …
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, 2023 Seattle University School of Law
Nestlé V. Doe: A Death Knell To Corporate Human Rights Accountability?, Phillip Ayers
Seattle University Law Review
The Supreme Court in Nestlé v. Doe held that foreign plaintiffs who claimed to be victims of overseas tortious conduct by corporate defendants had no jurisdiction to sue in federal courts using the Alien Tort Statute. This Comment looks at the history of the Alien Tort Statute, from its inspiration, long dormancy, and recent reinvigoration beginning in the 1980s. The Comment then explores the background of Nestlé and its issues with child slavery in its cocoa supply chain. From there, the Comment analyzes the Nestlé v. Doe decision, and posits an alternative outcome. Finally, this Comment looks for a new …
Bottom-Rung Appeals, 2023 University of Florida Levin College of Law
Bottom-Rung Appeals, Merritt E. Mcalister
Fordham Law Review
There are “haves” and “have-nots” in the federal appellate courts, and the “haves” get more attention. For decades, the courts have used a triage regime under which they distribute judicial attention selectively: some appeals receive a lot of judicial attention, and some appeals receive barely any. What this Article reveals is that this triage system produces demonstrably unequal results, depending on the circuit handling the appeal and whether the appellant has counsel or not. Together, these two factors produce significant disparities: in one circuit, for example, an unrepresented appellant receives, on average, a decision less than a tenth the length …
Carceral Deference: Courts And Their Pro-Prison Propensities, 2023 University of Nebraska College of Law
Carceral Deference: Courts And Their Pro-Prison Propensities, Danielle C. Jefferis
Fordham Law Review
Judicial deference to nonjudicial state actors, as a general matter, is ubiquitous, both in the law and as a topic of legal scholarship. But “carceral deference”—judicial deference to prison officials on issues concerning the legality of prison conditions—has received far less attention in legal literature, and the focus has been almost entirely on its jurisprudential legitimacy. This Article contextualizes carceral deference historically, politically, and culturally, and it thus adds a piece that has been missing from the literature. Drawing on primary and secondary historical sources and anchoring the analysis in Bourdieu’s field theory, this Article is an important step to …
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, 2023 Chicago-Kent College of Law
Situating Structural Challenges To Agency Authority Within The Framework Of The Finality Principle, Harold J. Krent
Indiana Law Journal
No abstract provided.
Educating Judges & Advancing Inclusion: The Evolution Of Gendered Language In U.S. Courts, 2023 Professor of Legal Practice at Roger Williams University School of Law
Educating Judges & Advancing Inclusion: The Evolution Of Gendered Language In U.S. Courts, Sarah Mcconnell
Roger Williams University Law Review
No abstract provided.
Oh, To Be A Barbarian! Reclaiming Medieval Law And The Exceptional Individual, 2023 Bard College
Oh, To Be A Barbarian! Reclaiming Medieval Law And The Exceptional Individual, Huba F. Zaman
Senior Projects Spring 2023
The desire for the exceptional individual represented is analyzed in this project. The texts in this senior project represent how it is the systems of governance in place, especially during the medieval era in the East and Western-Europe, that celebrate this paradoxical position that the exceptional individual holds within the confines of a structured society. They embrace the chaos these exceptional individuals represent in a way that modern day justice systems find it hard to fathom. The Western-European feudal system encourages hero figures, like Roland, Lancelot, and William Marshal, to emerge from the average honorable man. Similarly in a system …
Court Review: The Journal Of The American Judges Association, Vol. 59, No. 4, 2023 University of Nebraska-Lincoln
Court Review: The Journal Of The American Judges Association, Vol. 59, No. 4, Eve M. Brank, David Dreyer, David Prince
Court Review: The Journal of the American Judges Association
Articles
The Role of the Judge in Establishing a VTC, Mishkat Al Moumin, Judge Gayle Williams-Byers, and Amber Menchio
Prospective Jurors’ Attitudes Toward Voir Dire, Wendy P. Heath and Bruce D. Grannemann
Constitutional Losses and (Some) Statutory Wins for Criminal Defendants: Select Criminal Law and Procedure Cases from the Supreme Court’s 2022-23 Term, Eve Brensike Primus and Mark Rucci
Departments
Editor’s Note, David Prince
President’s Column: The American Judges Association--Making Better Judges Since 1959, and Continuing to Lead the Way! Catherine Carlson
Thoughts from Canada: Publication Bans--The Supreme Court of Canada Considers Their Impact Upon the Conflict between the Open …
Confirm Julie Rikelman For The First Circuit, 2023 University of Richmond - School of Law
Confirm Julie Rikelman For The First Circuit, Carl Tobias
Law Faculty Publications
Now that the United States Senate has reconvened after pauses for holidays, the upper chamber must expeditiously appoint designee Julie Rikelman to the U.S. Court of Appeals for the First Circuit, which is the smallest, albeit critical, appellate court. The nominee, whom President Joe Biden tapped during late July 2022, would supply remarkable experiential, gender, and ideological diversity gleaned from pursuing much cutting-edge reproductive freedom litigation, which included arguing Dobbs before the Supreme Court that overturned Roe v. Wade. The nominee has definitely excelled in law’s highest echelon over twenty-plus years, most recently as the U.S. Litigation Director in the …
Court Review: The Journal Of The American Judges Association, Vol. 59, No. 3, 2023 University of Nebraska-Lincoln
Court Review: The Journal Of The American Judges Association, Vol. 59, No. 3, Eve M. Brank, David Dreyer, David Prince
Court Review: The Journal of the American Judges Association
Articles
Judicial Discipline, Examining Ethics Oversight for the Highest Levels of Our Least Accountable Branch; David Prince
Civil Cases in the Supreme Court’s October Term 2022; Thomas M. Fisher
Departments
Editor’s Note; David Dreyer
President’s Column: A Legacy of Leadership and Service; Yvette Mansfield Alexander
Thoughts from Canada: Uttering Threats in Canada and the United States, a Comparative Analysis; Wayne K. Gorman
Crossword: Name That Games; Tracy Bennett and Vic Fleming
The Resource Page: Junk Science and the Judicial System; The Elevator Effect; Mindfulness and Judging: Resources for Judges; New Online Database: Judges and the Judiciary: Exploring America's Court System; …
Court Review: The Journal Of The American Judges Association, Vol. 59, No. 2, 2023 University of Nebraska-Lincoln
Court Review: The Journal Of The American Judges Association, Vol. 59, No. 2, Eve M. Brank, David Dreyer, David Prince
Court Review: The Journal of the American Judges Association
Articles
Judicial Strategies for Evaluating the Validity of Guilty Pleas; Kelsey S. Henderson, Erika N. Fountain, Allison D. Redlich, and Jason A. Cantone
Courtroom Technology from the Judge’s Perspective: A 2022-23 Update; Fredric I. Lederer
The Science of Children’s Lies (and their Detection): A Primer for Justice Practitioners; Vincent Denault and Victoria Talwar
Jury Trial Innovation Round #2; Judge Gregory E. Mize
Departments
Editor’s Note; David Prince
President’s Column:2023, the Year of Excellence! Yvette Mansfield Alexander
Thoughts from Canada: The Supreme Court of Canada Considers How the “Plain View” Doctrine Applies to Searches of Electronic Devices; Wayne K. Gorman
Crossword:Employment …
Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions, 2023 Fordham University School of Law
Bastions Of Independence Or Shields Of Misconduct?: Increasing Transparency In Judicial Conduct Commissions, Katarina Herring-Trott
Fordham Law Review
No abstract provided.