Law Commons^™

The Last Male Bastion: In Search Of A Trojan Horse, Joan Macleod Heminway

Scholarly Works

Numerous legal scholars and commentators have written about the paucity of women in the boardroom at influence-wielding U.S. public companies. Fewer have written about the scarcity of female Chief Executive Officers, and fewer yet have written about the relatively low numbers of female executive officers, at U.S. public companies.

This brief essay (an edited version of my remarks offered at the University of Dayton School of Law’s symposium on "Perspectives on Gender and Business Ethics: Women in Corporate Governance") does not endeavor to add to the collective understanding of observed gender disparities in boardrooms and the C-suite — the senior …

Wanted: Female Corporate Directors (A Review Of Professor Douglas M. Branson's No Seat At The Table), Joan Macleod Heminway, Sarah A. Walters

Scholarly Works

In his 2007 book No Seat at the Table, Professor Douglas Branson aptly describes how patterns of male dominance inherent in the legal structures of corporate governance reproduce themselves again and again to keep women out of executive suites and boardrooms, and then he offers a practical way to break this cycle of dominance-through paradigm shifting. A central value of Professor Branson's book derives from this thesis, as well as his use of nontraditional empirical data and interdisciplinary literature (in addition to more traditional decisional law and legal scholarship) to support the positions he takes. Moreover, No Seat at …

Road Rage And R.S. 2477: Judicial And Administrative Responsibility For Resolving Road Claims On Public Land, Bret C. Birdsong

Scholarly Works

The past decade has seen the D-4 Caterpillar bulldozer become a significant tool for those seeking to challenge federal land management agencies' authority to protect resources federal lands by reducing access. The power of the bulldozer is both symbolic and pragmatic. It cuts an iconographic image of local officials standing up against federal control over vast areas of land in the rural west. But it also, in many cases, provokes litigation, allowing claims to property rights to receive judicial attention that might otherwise evade them.

Underlying each of these protagonist's legal positions, if not their motivations, is a right-of-way grant …

Functionality Or Formalism? Partners And Shareholders As "Employees" Under The Anti-Discrimination Laws, Ann C. Mcginley

Scholarly Works

In Clackamas Gastroenterology Associates P.C. v. Wells, the United States Supreme Court established the standards for determining whether a shareholder in a professional corporation ("PC") is an "employee" as defined by Title I of the Americans with Disabilities Act of 1990 ("ADA"). Characteristics the court saw as distinguishing partnerships are the profit sharing, contributions to capital, part ownership of partnership assets, and the right to share in management subject to agreement. Even if the partner's power is insufficient to avoid discrimination, courts should also consider whether the partner is more like an independent contractor in that he or she is …

Good Faith: Balancing The Right To Manage With The Right To Represent, Suzanne Darrow-Kleinhaus

Scholarly Works

No abstract provided.

The New Labor Law: A Very Limited Management Victory, Howard Glickstein, Bernard D. Gold

Scholarly Works

No abstract provided.