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Georgetown University Law Center

2022

Georgetown Law Faculty Publications and Other Works

ESG

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Full-Text Articles in Law

Purpose Driven Companies In The United States, Alicia E. Plerhoples Jan 2022

Purpose Driven Companies In The United States, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

The United States is the birthplace of benefit corporations precisely because of American society’s over-reliance on the private sector to solve societal problems. U.S. federal and state regulation continuously fails to provide robust social safety nets or prevent ecological disasters. American society looks to companies to do such work. U.S. social enterprise entities attempt to upend the U.S. legal framework which binds fiduciaries to focus on shareholder value. These entities are permitted, and sometimes required, to take into account environmental, social, and governance (“ESG”) impacts of their operations, essentially internalizing ESG costs that would otherwise be paid by American communities …


Esg & Anti-Black Racism, Alicia E. Plerhoples Jan 2022

Esg & Anti-Black Racism, Alicia E. Plerhoples

Georgetown Law Faculty Publications and Other Works

This essay discusses contemporary federal, financial intermediary, and company efforts to navigate racial inequality, placing those efforts in the context of ESG—environmental, social, and governance—initiatives. While ESG tools and metrics have tended to focus on a firm’s external and internal impacts on the environment, human rights, and labor standards, in recent years, firms have targeted ESG efforts at racial equity primarily through internal diversity, equity, and inclusion (DEI) initiatives and customer-facing corporate philanthropy. This essay proposes an ESG racial equity goal, discusses how federal regulations of corporate DEI programs and policies fail to meet this goal, and highlights how racial …