Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
- Publication Type
Articles 1 - 26 of 26
Full-Text Articles in Law
Contracting For Social Change, Adam N. Eckart
Contracting For Social Change, Adam N. Eckart
University of Miami Business Law Review
Throughout history, social change has often been shaped by high profile legislation and through high-stakes litigation. But social change can also be spurred on through private contract, including through the agreements businesses and individuals make with each other every day. Transactional attorneys can promote social change through drafting techniques and choices, including narrative and storytelling techniques, and can use such drafting techniques in order to 1) write better and more complete agreements that are more consistent with business-led social activism already taking place, and 2) influence society by forcing counterparties to evolve on social issues, change industry practice, or foster …
Mandating Women: Defending Sb 826 And Female Quotas In The Corporate Workplace, Lauren Kim
Mandating Women: Defending Sb 826 And Female Quotas In The Corporate Workplace, Lauren Kim
Loyola of Los Angeles Law Review
No abstract provided.
The Plight Of Women In Positions Of Corporate Leadership In The United States, The European Union, And Japan: Differing Laws And Cultures, Similar Issues, Bettina C. K. Binder, Terry Morehead Dworkin, Niculina Nae, Cindy A. Schipani, Irina Averianova
The Plight Of Women In Positions Of Corporate Leadership In The United States, The European Union, And Japan: Differing Laws And Cultures, Similar Issues, Bettina C. K. Binder, Terry Morehead Dworkin, Niculina Nae, Cindy A. Schipani, Irina Averianova
Michigan Journal of Gender & Law
Gender diversity in corporate governance is a highly debated issue worldwide. National campaigns such as “2020 Women on Boards” in the United States and “Women on the Board Pledge for Europe” are examples of just two initiatives aimed at increasing female representation in the corporate boardroom. Several
European countries have adopted board quotas as a means toward achieving gender diversity. Japan has passed an Act on Promotion of Women’s Participation and Advancement in the Workplace to lay a foundation for establishing targets for promoting women.
This Article examines the status of women in positions of leadership in the United States, …
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Richard M. Buxbaum
This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.
In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Robert Bartlett
This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.
In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …
The Death Of The Firm, June Carbone, Nancy Levit
The Death Of The Firm, June Carbone, Nancy Levit
Faculty Works
This Article maintains that the decision in Burwell v. Hobby Lobby, which referred to the corporation as a legal fiction designed to serve the interests of the people behind it, signals the “death of the firm” as a unit of legal analysis in which business entities are treated as more than the sum of their parts and appropriate partners to advance not just commercial, but public ends. The Hobby Lobby reference to the firm as a fiction is a product of a decades-long shift in the treatment of corporations. This shift reflects both an ideological embrace of the free-market-oriented “agency-cost” …
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Corporate Boardroom Diversity: Why Are We Still Talking About This?, Lawrence J. Trautman
Lawrence J. Trautman Sr.
What exactly is board diversity and why does it matter? How does diversity fit in an attempt to build the best board for any organization? What attributes and skills are required by law and what mix of experiences and talents provide the best corporate governance? Even though most companies say they are looking for diversity, why has there been such little progress? Are required director attributes, which are a must for all boards, consistent with future diversity gains and aligned with achieving high performance and optimal board composition? My goal is to provide answers to these questions, and to discuss …
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Comment On The Definition Of "Eligible Organization" For Purposes Of Coverage Of Certain Preventive Services Under The Affordable Care Act, Robert P. Bartlett, Richard M. Buxbaum, Stavros Gadinis, Justin Mccrary, Stephen Davidoff Solomon, Eric L. Talley
Faculty Scholarship
This comment letter was submitted by U.C. Berkeley corporate law professors in response to a request for comment by the Health and Human Services Department on the definition of "eligible organization" under the Affordable Care Act in light of the Supreme Court's decision in Burwell v. Hobby Lobby. "Eligible organizations" will be permitted under the Hobby Lobby decision to assert the religious principles of their shareholders to exempt themselves from the Affordable Care Act's contraceptive mandate for employees.
In Hobby Lobby, the Supreme Court held that the nexus of identity between several closely-held, for-profit corporations and their shareholders holding “a …
Feminizing Capital: A Corporate Imperative, Darren Rosenblum
Feminizing Capital: A Corporate Imperative, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
This Article argues that Norway’s Corporate Board Quota Law (“CBQ”) fosters a productive symbiosis between the public and private spheres. Recent studies indicate that higher numbers of women in executive positions result in stronger rates of corporate return on equity (“ROE”). Countries with higher levels of women's political representation also tend to have higher levels of economic growth. Increasing women's workforce participation outside the home can drive overall economic growth. These factors prompted the CBQ's proponents to argue for the economic imperative of women's corporate leadership. The CBQ will not only ameliorate gender inequality, but will bring new life to …
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer
Women And The New Corporate Governance: Pathways For Obtaining Positions Of Corporate Leadership, Cindy A. Schipani, Terry Morehead Dworkin, Angel Kwolek-Folland, Virginia Maurer
Maryland Law Review
No abstract provided.
Clogs In The Pipeline: The Mixed Data On Women Directors And Continued Barriers To Their Advancement, Lisa M. Fairfax
Clogs In The Pipeline: The Mixed Data On Women Directors And Continued Barriers To Their Advancement, Lisa M. Fairfax
Maryland Law Review
No abstract provided.
At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar
At The Top Of The Pyramid: Lessons From The Alpha Women And The Elite Eight, Jayne W. Barnar
Maryland Law Review
No abstract provided.
Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor
Women Executives In Gladiator Corporate Cultures: The Behavioral Dynamics Of Gender, Ego, And Power, Marleen A. O'Connor
Maryland Law Review
No abstract provided.
Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson
Making In-Roads To Corporate General Counsel Positions: It's Only A Matter Of Time?, Lisa H. Nicholson
Maryland Law Review
No abstract provided.
From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel
From Sec Enforcement Attorney To Commissioner, Roberta S. Karmel
Maryland Law Review
No abstract provided.
Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade
Transforming Discriminatory Corporate Cultures: This Is Not Just Women's Work, Cheryl L. Wade
Maryland Law Review
No abstract provided.
Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway
Martha Stewart Saved! Insider Violations Of Rule Lob-5 For Misrepresented Or Undisclosed Personal Facts, Joan Macleod Heminway
Maryland Law Review
No abstract provided.
Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon
Like A Fish Needs A Bicycle: Public Corporations And Their Shareholders, Theresa A. Gabaldon
Maryland Law Review
No abstract provided.
Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs
Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs
Scholarly Works
This Article is divided into three parts. Part I focuses on [Margaret Harris] Amsler and Part II addresses the second generation. Part III explores a question that was prompted by the second generation and that goes to the heart of this Symposium: Do women corporations professors damage their standing in the academic community by examining the interface between corporate law and gender?
Opening Address, Sheila W. Wellington
Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs
Women In Corporate Law Teaching: A Tale Of Two Generations, Margaret V. Sachs
Maryland Law Review
No abstract provided.
Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli
Women And The "New" Corporate Governance - Foreword: A Symposium Exploring The Role And Impact Of Women In A Changing Corporate Environment, Lisa M. Fairfax, Paula A. Monopoli
Maryland Law Review
No abstract provided.
The Class Ceiling, Naomi Cahn, Michael Selmi
The Class Ceiling, Naomi Cahn, Michael Selmi
Maryland Law Review
No abstract provided.
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor
ExpressO
No abstract provided.
Germany's Legal Protection For Women Workers Vis-À-Vis Illegal Employment Discrimination In The United States: A Comparative Perspective In Light Of Johnson Controls, Carol D. Rasnic
Michigan Journal of International Law
This article will review the major German laws affecting women in the workplace, including clarification of the rationales of the German Bundestag (parliament). Comparative remarks regarding U.S. law and an analysis of Johnson Controls will place the two bodies of law in juxtaposition. Finally, an explanatory historical overview will allow the reader to draw his or her own conclusions as to the preferred view of the legal status of the working woman.