Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, 2024 Liberty University
Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg
Helm's School of Government Conference - American Revival: Citizenship & Virtue
History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?
The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.
This work analyzes the interaction between the Chinese government …
The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, 2024 Liberty University
The Dueling First Amendment Clauses: Are They In Tension, Or Do They Work Together?, James Black
Helm's School of Government Conference - American Revival: Citizenship & Virtue
The Establishment and Free exercise clauses of the First Amendment respectively state that Congress does not have the ability to pass a law that would either establish a national religion or prohibit the free exercise of any religion. While some legal scholars have given a more secular interpretation of the Establishment Clause, suggesting that there is no place for Christianity or any other religion in the public square or to influence American government, this is in conflict with interpretation by a substantial number of legal experts and constitutional scholars living both in and before the modern era, some of whom …
Who Is A Minister? Originalist Deference Expands The Ministerial Exception, 2024 University of Notre Dame Law School
Who Is A Minister? Originalist Deference Expands The Ministerial Exception, Jared C. Huber
Notre Dame Law Review
The ministerial exception is a doctrine born out of the Religion Clauses of the First Amendment that shields many religious institutions’ employment decisions from review. While the ministerial exception does not extend to all employment decisions by, or employees of, religious institutions, it does confer broad—and absolute—protection. While less controversy surrounds whether the Constitution shields religious institutions’ employment decisions to at least some extent, much more debate surrounds the exception’s scope, and perhaps most critically, which employees fall under it. In other words, who is a "minister" for purposes of the ministerial exception?
Reforming The Ministerial Exception, 2024 Villanova University Charles Widger School of Law
Reforming The Ministerial Exception, Paul E. Mcgreal
Villanova Law Review
No abstract provided.
Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora, 2024 Yeshiva University, Cardozo School of Law
Alan Dershowitz: The War Against The Jews In Israel And In The Diaspora, Cardozo Federalist Society
Flyers 2023-2024
No abstract provided.
The First Religious Charter School: A Viable Option For School Choice Or Prohibited Under The State Action Doctrine And Religion Clauses?, 2024 Fordham University School of Law
The First Religious Charter School: A Viable Option For School Choice Or Prohibited Under The State Action Doctrine And Religion Clauses?, Julia Clementi
Fordham Law Review
After the First Amendment’s Religion Clauses were ratified, church and state became increasingly divorced from one another, as practicing religion became a private activity on which the government could not encroach. This separation, however, was slow, and much credit is owed to the U.S. Supreme Court for its efforts to disentangle the two. One particular area in which the Supreme Court exercised its influence was the U.S. education system; the Court invoked the Religion Clauses and neutrality principles to rid public schools of religious influences and ensure that private religious schools could partake in government programs that were available to …
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, 2024 Mississippi College School of Law
Protecting "Sincerely Held Religious Beliefs": Lessons From Mississippi Hb 1523, Lindsay Krout Roberts
Mississippi College Law Review
The United States Supreme Court's revolutionary ruling in Obergefell v. Hodges, which guaranteed marriage equality for homosexual couples in every state, gave life to a new challenge in the area of free exercise of religion: to what extent should persons with religious objections to same-sex marriages be forced to participate in them? Should a Christian baker be legally required to bake a wedding cake for a homosexual marriage to which he or she objects? Must a county clerk with religious objections to homosexual marriage sign a marriage license for a same-sex couple?
In an attempt to pre-empt these types of …
Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, 2024 Pepperdine University
Who Let The Ghouls Out? The History And Tradition Test’S Embrace Of Neutrality And Pluralism In Establishment Cases, Jake S. Neill
Pepperdine Law Review
In June of 2022, the Supreme Court decided in Kennedy v. Bremerton School District that an Establishment Clause inquiry “focused on original meaning and history” would replace Lemon’s endorsement test. But after announcing the test, the Court neglected to describe or apply it. This Comment attempts to fill that void. After analyzing the Court’s Establishment Clause jurisprudence, this Comment proposes tenets of the history and tradition test and applies those tenets to Allegheny County v. ACLU, a case decided under Lemon. Finally, this Comment concludes by arguing that the history and tradition inquiry supports pluralism, humility, tolerance, and a healthy …
Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, 2024 Purdue University
Examining The Examiner: An Amicus Brief On Conflicts Between Forensic Technology And Indigenous Religious Freedoms In Favor Of Virtual Autopsies, Peyton James
The Journal of Purdue Undergraduate Research
No abstract provided.
The Ethical Lawyer: Beyond The Rules, 2024 St. Mary's University
The Ethical Lawyer: Beyond The Rules, Nick Badgerow
St. Mary's Journal on Legal Malpractice & Ethics
Does being a lawyer mean more than the mere pursuit of a client’s cause and resulting (hoped for) financial success and professional standing, while avoiding discipline? This article invites a consideration of what it means to be a true “professional” in the practice of law. First, the article explores the definition of the term “professional,” and proceeds to examine the obligations undertaken by lawyers (a) in their oath of admission, and (b) in codes of professional conduct. However, the author posits, should not the true professional aspire to more than the mere compliance with these minimum standards? In answer, the …
The Need For Corporate Guardrails In U.S. Industrial Policy, 2024 Seattle University School of Law
The Need For Corporate Guardrails In U.S. Industrial Policy, Lenore Palladino
Seattle University Law Review
U.S. politicians are actively “marketcrafting”: the passage of the Bipartisan Infrastructure Law, the CHIPS and Science Act, and the Inflation Reduction Act collectively mark a new moment of robust industrial policy. However, these policies are necessarily layered on top of decades of shareholder primacy in corporate governance, in which corporate and financial leaders have prioritized using corporate profits to increase the wealth of shareholders. The Administration and Congress have an opportunity to use industrial policy to encourage a broader reorientation of U.S. businesses away from extractive shareholder primacy and toward innovation and productivity. This Article examines discrete opportunities within the …
Table Of Contents, 2024 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Public Primacy In Corporate Law, 2024 Seattle University School of Law
Public Primacy In Corporate Law, Dorothy S. Lund
Seattle University Law Review
This Article explores the malleability of agency theory by showing that it could be used to justify a “public primacy” standard for corporate law that would direct fiduciaries to promote the value of the corporation for the benefit of the public. Employing agency theory to describe the relationship between corporate management and the broader public sheds light on aspects of firm behavior, as well as the nature of state contracting with corporations. It also provides a lodestar for a possible future evolution of corporate law and governance: minimize the agency costs created by the divergence of interests between management and …
Shareholder Primacy Versus Shareholder Accountability, 2024 Seattle University School of Law
Shareholder Primacy Versus Shareholder Accountability, William W. Bratton
Seattle University Law Review
When corporations inflict injuries in the course of business, shareholders wielding environmental, social, and governance (“ESG”) principles can, and now sometimes do, intervene to correct the matter. In the emerging fact pattern, corporate social accountability expands out of its historic collectivized frame to become an internal subject matter—a corporate governance topic. As a result, shareholder accountability surfaces as a policy question for the first time. The Big Three index fund managers, BlackRock, Vanguard, and State Street, responded to the accountability question with ESG activism. In so doing, they defected against corporate legal theory’s central tenet, shareholder primacy. Shareholder primacy builds …
Stakeholder Governance As Governance By Stakeholders, 2024 Seattle University School of Law
Stakeholder Governance As Governance By Stakeholders, Brett Mcdonnell
Seattle University Law Review
Much debate within corporate governance today centers on the proper role of corporate stakeholders, such as employees, customers, creditors, suppliers, and local communities. Scholars and reformers advocate for greater attention to stakeholder interests under a variety of banners, including ESG, sustainability, corporate social responsibility, and stakeholder governance. So far, that advocacy focuses almost entirely on arguing for an expanded understanding of corporate purpose. It argues that corporate governance should be for various stakeholders, not shareholders alone.
This Article examines and approves of that broadened understanding of corporate purpose. However, it argues that we should understand stakeholder governance as extending well …
Corporate Law In The Global South: Heterodox Stakeholderism, 2024 Seattle University School of Law
Corporate Law In The Global South: Heterodox Stakeholderism, Mariana Pargendler
Seattle University Law Review
How do the corporate laws of Global South jurisdictions differ from their Global North counterparts? Prevailing stereotypes depict the corporate laws of developing countries as either antiquated or plagued by problems of enforcement and misfit despite formal convergence. This Article offers a different view by showing how Global South jurisdictions have pioneered heterodox stakeholder approaches in corporate law, such as the erosion of limited liability for purposes of stakeholder protection in Brazil and India, the adoption of mandatory corporate social responsibility in Indonesia and India, and the large-scale program of Black corporate ownership and empowerment in South Africa, among many …
A Different Approach To Agency Theory And Implications For Esg, 2024 Seattle University School of Law
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
Seattle University Law Review
In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.
The Limits Of Corporate Governance, 2024 Seattle University School of Law
The Limits Of Corporate Governance, Cathy Hwang, Emily Winston
Seattle University Law Review
What is the purpose of the corporation? For decades, the answer was clear: to put shareholders’ interests first. In many cases, this theory of shareholder primacy also became synonymous with the imperative to maximize shareholder wealth. In the world where shareholder primacy was a north star, courts, scholars, and policymakers had relatively little to fight about: most debates were minor skirmishes about exactly how to maximize shareholder wealth.
Part I of this Essay discusses the shortcomings of shareholder primacy and stakeholder governance, arguing that neither of these modes of governance provides an adequate framework for incentivizing corporations to do good. …
Table Of Contents, 2024 Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
A History Of Corporate Law Federalism In The Twentieth Century, 2024 Seattle University School of Law
A History Of Corporate Law Federalism In The Twentieth Century, William W. Bratton
Seattle University Law Review
This Article describes the emergence of corporate law federalism across a long twentieth century. The period begins with New Jersey’s successful initiation of charter competition in 1888 and ends with the enactment of the Sarbanes-Oxley Act in 2002. The federalism in question describes the interrelation of state and federal regulation of corporate internal affairs. This Article takes a positive approach, pursuing no normative bottom line. It makes six observations: (1) the federalism describes a division of subject matter, with internal affairs regulated by the states and securities issuance and trading regulated by the federal government; (2) the federalism is an …