Cultural Heritage Law Commons^™

Voting Matters: Materiality Considerations And The Shareholder Vote, Renee M. Jones

Seattle University Law Review

For the shareholder franchise to have meaning, shareholders must have access to relevant information to inform their voting decisions. The securities laws’ disclosure requirements play an essential role in informing the shareholder vote.

This Essay focuses on the question of the materiality of information in the context of shareholder voting. It addresses the question of whether ESG-related information is material, positioning the materiality inquiry within the context of shareholders’ voting decisions. It explores the definition of materiality with a focus on the “reasonable investor” concept embedded within the definition. The Essay argues that the implicit expectations of many commentators that …

Through A Glass Darkly: How Securities Disclosures Give A Distorted View Of The Economy, Gerald F. Davis

Seattle University Law Review

Our understanding of the American economy often relies on stylized facts derived from mandatory disclosures by listed corporations. Data vendors like Standard & Poor’s vacuum up 10Ks and proxy statements into databases, and scholars distill these into tentative maps. This may have been adequate for a postwar economy centered on asset-heavy manufacturers, but it is increasingly out of step with an information-based economy. Companies listed on the stock market are fewer in number and less representative than they were, light in tangible assets and people, and heavy on IP. Basic facts such as what industry they are in are increasingly …

Green Dividends: A Case Study In Green Dividends And The Conditions For Private Ordering Solutions, Anne M. Tucker

Seattle University Law Review

This Essay introduces a novel private ordering solution to facilitate corporate investments in pro-social and environmental initiatives: Green dividends. Green dividends are an optional increase in shareholder dividends that are returned to the company to be reinvested in environmental initiatives or kept by a shareholder.

Green dividends pose an alternative to the current gridlocked debate that corporations can’t, won’t, shouldn’t, and shouldn’t even try to act in pro-social or environmental ways. Turning the common refrains on their head converts each narrative into an element for a successful private ordering solution: authority, accountability, shareholder buy-in, and government- backed enforcement. With Green …

Does Climate Disclosure Work To Reduce Greenhouse Gas Emissions? Emerging Evidence Suggests Cautious Optimism, Cynthia A. Williams

Seattle University Law Review

Significant regulatory resources have been spent developing global, voluntary climate and sustainability disclosure standards, such as the TCFD, TNRD, and ISSB’s Sustainability and Climate Disclosure standards, or domestically required disclosures, such as in the EU and in the U.S. Thus, it is important to evaluate whether this disclosure, particularly voluntary, qualitative disclosure, will have the power to shift the allocation of capital, will have a significant effect on the management of climate risk within firms, and ultimately will reduce climate change risk and biodiversity loss.

In this Article, several interrelated questions will be discussed. First, what does the empirical evidence …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Identifying Intangible And Biocultural Heritage Elements Toward Environmental Understanding: Engaging Stakeholders Through Art, Martha B. Lerski

Publications and Research

Grounded in a case study in Barbuda in the Caribbean, this research examines sustainability from the perspective of what arts and heritage can contribute to community engagement and local and broader understandings about the environment. This article documents a growing body of literature recognizing the role of arts and culture, including local knowledge and traditional ecological knowledge (TEK), in climate change endeavors. Art and TEK present expansive world views. Contextual information situates research done on the island of Barbuda pre- and post-Hurricane Irma. Visual arts workshops engaged community members in mixed methods research. Results documented cultural elements, particularly intangible and …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Corporate Scenarios: Drawing Lessons From History, Madison Condon

Seattle University Law Review

As corporations are increasingly pressed to reveal information about their exposure to climate-related risks, they are often asked to undertake and disclose the outcome of “scenario analysis.” In this exercise, corporations, including financial institutions, examine how their business would fare under different pathways the future may take. One oft-used scenario, for example, is the International Energy Agency’s “Net-Zero by 2050: A Roadmap for the Energy Sector.” This Essay presents a history of the use of scenarios as a corporate planning tool, particularly in the oil industry, arguing that it is key for understanding our present moment and the role of …

Shareholder Expression In A Time Of Heightened Political Tension, Aaron A. Dhir

Seattle University Law Review

In this article, I provide context for my forthcoming research project on shareholder proposals and racial equity audits. Since the murder of George Floyd in May of 2020, progressive shareholder actors have increasingly used the proposal mechanism to advance diversity, equity, inclusion, and justice-related goals. These proposals have frequently gone beyond requesting the usual corporate fare of diversity trainings, intersectionality workshops, affinity groups, etc. Instead, a more ambitious type of proposal asks corporate America to conduct racial equity audits, defined as “an independent, objective and holistic analysis of a company’s policies, practices, products, services and efforts to combat systemic racism …

Corporate Governance Speech, Sarah C. Haan

Seattle University Law Review

The State has always regulated the intra-firm communications that make corporate governance possible, most commonly by mandating disclosures of information by a corporation to its shareholders. Some such laws are labeled “securities regulation,” but securities regulation is a broad category that extends to speech by actors who are outside the corporate enterprise as well. Also, the conventional securities regulation category does not capture all such laws; other examples, including informationforcing mandates, can be found in state corporate law. This Article uses the term “corporate governance speech” to describe the communications among shareholders, directors, and officers through which corporate governance is …

Dark Accounting Matter, Colleen Honigsberg

Seattle University Law Review

Physicists calculate that approximately 85% of the matter in the universe is composed of “dark matter” that “does not absorb, reflect, or emit electromagnetic radiation and is therefore difficult to detect.” The S&P 500 currently trades at a price-to-book value of 4.2, suggesting that book value accounts for less than 20% of the S&P 500’s market value. The remaining 80% appears nowhere in these firms’ balance sheets—it is invisible to contemporary accounting techniques and constitutes “dark accounting matter.”

Some “dark accounting matter” is composed of factors commonly described as components of “ESG.” Human capital, for example, is an intangible asset …

The Employees’ Dilemma: Balancing Internal Reporting, Whistleblowing, And Insider Trading Risks, Geeyoung Min

Seattle University Law Review

The Essay examines how recent developments in insider trading regulations and whistleblower reward programs can lead to unintended and counterproductive results of discouraging employees from using internal reporting channels within corporate compliance programs. While the presence of a robust and well-functioning corporate compliance program is a critical factor both in mitigating the level of public enforcement actions against companies and in protecting corporate managers from liability in private litigation, these programs often provide little incentive for employees to report potential misconduct internally.

Corporate compliance programs are designed to promote the upward information flow within the company, which is essential for …

How The Antidiscrimination Law Of Commercial Transactions Really Works, Helen Norton

Seattle University Law Review

A variety of businesses now cite 303 Creative when seeking First Amendment protection for their refusal to serve certain customers based on those customers’ protected class status. How this litigation will play out remains to be seen. But future courts need not, and should not, repeat the 303 Creative Court’s misunderstanding of how the antidiscrimination law of commercial transactions actually works.

Part I of this Essay explains the Court’s longstanding understanding of the antidiscrimination law of commercial transactions, and then describes the Court’s failure to engage with this precedent in 303 Creative. Part II then identifies the 303 Creative decision’s …

Understanding The Big Three’S Wavering Support Of Environmental And Social Shareholder Proposals, Jeff Schwartz, Jefferson Jensen

Seattle University Law Review

Because of their substantial equity portfolios, BlackRock, Vanguard, and State Street (the Big 3) are central players in corporate governance. It is, therefore, critical to understand how they vote. One puzzle is that their support for shareholder proposals on environmental and social matters appears to waiver. In 2020, for instance, BlackRock supported 11.1% of environmental proposals at S&P 500 firms. In 2021, it seemingly reversed course, supporting 55.2%. It then flipped again, supporting 32.1% in 2022. Such statistics suggest that the Big 3 are constantly changing their views on these topics. This Article seeks to better understand whether this is …

Volume 48 Masthead, Seattle University Law Review

Seattle University Law Review

Volume 48 Masthead

How Eastern Europe Can Protect Their Cultural Heritage Via Copyright Protection Of Folk Music And How This Compares To Copyright Protection Of Music In The United States, Kostika Kosova

University of Miami International and Comparative Law Review

This note explores the intricate interplay between cultural heritage preservation and copyright protection, focusing on the distinctive case of Eastern European folk music. It delves into the historical and cultural significance of Eastern European folk music traditions, the challenges posed to their preservation, and the copyright protection mechanisms in place across the region. In parallel, the paper provides an in-depth analysis of copyright protection in the United States, highlighting its implications for folk music.

The comparative analysis showcases the unique approaches of Eastern European nations and the United States in safeguarding their respective folk music heritages. By examining key case …

Batavia In The19th Century: A Russian Diplomat's Criticism Of The Capital Society And The Colonial System Of The Dutch East Indies, Ahmad Fahrurodji

International Review of Humanities Studies

ABSTRACT This article analyzes the traces of diplomatic relations between the Russian Empire and the Dutch East Indies in the late 19th century. The views and criticisms of the Russian Consul in Batavia became one of the important milestones of cultural relations between the two nations in the future. This research is a cultural history research using historical research method and structural approach. The documents used are diplomatic reports that have been published in the original language (Russian). By using the theory of hermeneutics, this article aims to see how Batavia and the people in it interacted and acted from …

Deutsche Welle’S Coverage Of Palestine And Israel From December 1st To December 8th 2023: A Critical Discourse Analysis, Zahirah Soraya Nurromadini, Sonya Puspasari Suganda

International Review of Humanities Studies

The attacks on October 7th, 2023 sparked a new wave of escalation between Israel and Palestine with global news coverage. Though there is coverage on both sides, many are calling out the Western news media for being biased in their reports. This paper explores the diction used by Deutsche Welle (DW) when reporting Palestine and Israel from December 1st to December 8th, 2023. The paper will use the Critical Discourse Analysis (CDA) theory by Norman Fairclough to process the data using a qualitative approach. The study aims to examine whether the diction used by DW journalists in their reports reflects …

Riungan: Representation Of Muslim Betawi Pinggir Through The Practice Of Eating Together (A Case Study Of Kampung Pondok Pucung, Pondok Aren, South Tangerang), Gregorio Surya Abdi Julianto, Yudi Bachrioktora

International Review of Humanities Studies

Riungan is an eating-together event involving the kampung community as a form of religious worship and gratefulness/gratitude to God. Through an ethnography approach, with in-depth interviews and a literature review as a method, this research explores the relationship between the practice of eating together and cultural identity in riungan as held by the Muslim Betawi of Kampung Pondok Pucung. The result of this research shows that riungan has become a space to representation of the cultural identity of the Betawi Pinggir (peripheral Betawi), particularly emphasizing their cultural and Islam heritage. Through the types of food brought and the communal eating …

Hyperreality In Sharenting: Challenges Of Being An Indonesian Parent Today, Yosepha Arybowo, Maria Regina Widhiasti

International Review of Humanities Studies

The phenomenon of sharenting refers to the practice of parents, particularly mothers, sharing personal information in the form of text, photos, or videos about their child-rearing experiences and journey to parenthood on social media platforms. Social media, as a space of simulation, is considered to present an idealized version of parenting, showcasing perfect moments and achievements. This paper critically explores how the phenomenon of sharenting, especially by millennial mothers in Indonesia, contributes to the construction of family life representations that underlie parents' adaptation to idealized parenting standards on social media platforms. The paper samples sharenting content from several Instagram accounts …

Translation Of Archaisms In English Contractual Documents, Indra Listyo, Myrna Laksman-Huntley, Haru Deliana Dewi

International Review of Humanities Studies

This research investigates the translation of archaisms, particularly here-words and there-words, from English to Indonesian, highlighting the unique challenges they present. Using a descriptive qualitative method, the study is framed by the Skopos theory and ISO 24495-1:2023 - Plain Language principles. The Skopos theory stresses the translation's intended purpose, advocating a functional approach that enhances the target text's communicative efficacy. ISO 24495-1:2023 ensures legal documents are clear, concise, and accessible, maintaining their legal integrity. The research examines a bilingual English-Indonesian contractual document, the Global Master Repurchase Agreement, to analyze the translation of these archaic terms. Findings show that translating archaisms …

Poetry Of The Singing Palm Tree: The Tradition Of Tapping Palm Trees In Sabu Raijua, Ntt, Daniel Hariman Jacob

International Review of Humanities Studies

This article is a research study focusing on the poetry singing performed by palm sap tappers in Sabu Raijua, which has become the identity of the people of Sabu Raijua, NTT. The poems that are sung are part of the process of tapping palm sap. This tradition has become the identity of the Sabu (Do Hawu) people. This research aims to show which poems are sung by the Sabu people while tapping palm sap and examine these poems using a literary and oral tradition approach. Additionally, this article reveals the poems of the Palm Tree Song (Alure Pakolo Due) in …

Approach Of Biography Of Objects: A Passage From Profane To Sacred, Fierda Al Jahra, Irmawati Marwoto

International Review of Humanities Studies

This paper discusses the life journey of buildings through the Biography of Things approach taken through a case study of the Bouwploeg building which is currently the Cut Meutia Mosque. The change from an office building as a profane building to a mosque as a sacred building is the reason for the biography of things approach. This research uses the main data in the form of the Cut Meutia Mosque building, which is still standing in Menteng, Central Jakarta. The research method used in this research is based on the K. R. Dark framework which consists of data sources, data, …

Material Culture As A Lifestyle And Self-Identity: A Case Study Of The Rotating Savings To Buy An Iphone In Indonesia, Ghilman Assilmi

International Review of Humanities Studies

Branding as a cultural production is a phenomenon that involves the creation of narratives, symbols, and identities that affect individuals and social. Through the study of material culture, this article discusses the representation of a person's lifestyle and self-identification in meeting the needs of smartphones with the iPhone brand. Using the literature study method, social media data on the internet shows that there is a business service strategy in the form of savings or social gathering in buying an iPhone to consumers. The research results show that strong branding images built by Apple Inc. make people who economically are not …

The Role Of Salimah Mass Organization In Build The Family Resilience (Case Study In Cimanggis Sub-District, West Java, 2019-2022), Izzah Asy Syahidah, Basuni Imamuddin

International Review of Humanities Studies

Weak family resilience can cause various problems for family or society. Ideally, building family resilience is also needed society support. It will be more efficient if there is a place where people work together, such as a mass organization. One of the organizations that has contributed in building family resilience is Salimah (Muslimah Association). It is a mass organization of Indonesian Muslim women that focuses on providing solutions to improve the quality of women, children, and families. Salimah has many programs aimed at building family resilience. This study aims to examine Salimah’s role in building family resilience in Cimanggis sub-district, …

Tek Seng Bio Temple As A Symbol Of History And Locality Of The Chinese Indonesian Community In Cikarang, Harry Farinuddin, Didik Pradjoko

International Review of Humanities Studies

This article examines Tek Seng Bio (德圣庙) Temple within the context of the temple as the symbol of local history among Chinese Indonesians in Cikarang. Established in 1900 by Tjio Lo Weh (蒋維内) from Fujian, the temple marked the inception of a Chinese settlement in North Cikarang. Unique in its devotion to Lín Tài Shī Gōng/Liem Tay Soe Kong (林太师公) as their main deity, Tek Seng Bio Temple originally functioned as a private familial place of worship. However, its transition to a public worship house faced challenges in 1967, with Presidential Instruction Number 14 imposing restrictions on Chinese religious practices, …

Verbal Text Supports On Pictures In Creating Destination Image, Siti Aisyiyah, Myrna Laksman-Huntley, Filia Filia Dr.

International Review of Humanities Studies

Recently, social media like Instagram, YouTube, and Facebook have been widely used for tourism destination attractiveness. The research investigates how to create a tourism destination image on Instagram from a social semiotic perspective. Data comprises 17 photos of Blue Flame posted by 7 Destination Marketing Organizations (DMOs). Applying the Visual Grammar framework by Kress & Leeuwen (2021), particularly the representational meta function, and Speech Functions by Halliday & Matthiessen (2014), this study finds how verbal texts support visual modes in creating the image of the Blue Flame at Ijen Geopark. Findings show that: (i) Narrative non-transactional action photos are more …

Orality Inheritance Of Makalelon Wakan Song: Oral Tradition Of Tontemboan Minahasa, Arter Jodi Senduk

International Review of Humanities Studies

This research discusses about an oral tradition of Makalelon song of Tontemboan Minahasa ethnicity. This Makalelon Wakan is an originally traditional sub-ethnic song of Tontemboan Minahasa with lyrics in Tontemboan, Manado Malay and Indonesian, entitled 1) Minta Doa, 2 Tumembo Meko, 3) Di bawah Sinar, 4) Si Pisok Matelew-telew, 5) Sungguh Ibu, 6) Saaku Tumanei, 7) Bila Malam Tiba, 8 E Po’ok-po’ok, and 9) Saaku Cabow still continue being sung by the Minahasan people until now. From the research result, it is found that the Makalelon song has been the form of supplications and …

Building Empathy And Unveiling Reality: The Role Of Metaphor And Simile In Max Havelaar, Barbara Elisabeth Lucia Pesulima

International Review of Humanities Studies

In Indonesia Multatuli's Max Havelaar is regarded as a powerful indictment of Dutch colonialism in Indonesia. Extensive research has explored the novel's historical context, social critique, and its influence on Indonesian nationalism, but less attention has been paid to the literary devices that give the novel its enduring emotional power. This paper fills this gap by examining how metaphor and simile presented in the dialogs found in the novel function as key instruments in shaping the reader's experience. Existing studies of Max Havelaar often delve into the novel's historical background, its scathing critique of Dutch colonial practices, and its role …