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Full-Text Articles in Law
Three Concepts Of The Independent Director, Donald C. Clarke
Three Concepts Of The Independent Director, Donald C. Clarke
GW Law Faculty Publications & Other Works
Despite the surprisingly shaky support in empirical research for the value of independent directors, their desirability seems to be taken for granted in policy-making circles. Yet important elements of the concept of and rationale for independent directors remain curiously obscure and unexamined. As a result, the empirical findings we do have may be misapplied, and judicial gap-filling may be harder than imagined when legislative intent cannot be divined or is contradictory.
This article attempts to unpack the concept broadly understood by the term independent director and to distinguish among its various concrete manifestations. In particular, I discuss the critical differences …
Racial Disparities And The Political Function Of Property, Spencer A. Overton
Racial Disparities And The Political Function Of Property, Spencer A. Overton
GW Law Faculty Publications & Other Works
Race theorists have noted that racial discrimination has shaped the existing distribution of economic resources, and have used this observation to justify reparations, to defend affirmative action, and to call for other legal changes that would improve the socioeconomic status of people of color. This Article takes the theorists' observation further. Property has a political function. Racially discriminatory allocation rules not only impose economic and social harms upon people of color, but also impair the ability of these people to engage in political expression and participation through structures such as the privately financed campaign finance system.
But Some Are More Equal: Race, Exclusion, And Campaign Finance, Spencer A. Overton
But Some Are More Equal: Race, Exclusion, And Campaign Finance, Spencer A. Overton
GW Law Faculty Publications & Other Works
Proposed campaign finance reforms and critiques of current campaign finance jurisprudence are incomplete because campaign finance reformers overlook social and historical realities related to race. This Article uses race as an analytical factor to develop a more comprehensive understanding of campaign finance. Past state-sanctioned discrimination has contributed to current racial disparities in property. Under the current campaign finance system, these disparities in property shape the racial distribution of political influence no less than poll taxes, literacy tests, or at-large electoral districts. Further, seemingly neutral campaign finance doctrine threatens to lead to future racial disparities in the political distribution of societal …