A Different Approach To Agency Theory And Implications For Esg,
2024
Seattle University School of Law
A Different Approach To Agency Theory And Implications For Esg, Jonathan Bonham, Amoray Riggs-Cragun
Seattle University Law Review
In conventional agency theory, the agent is modeled as exerting unobservable “effort” that influences the distribution over outcomes the principal cares about. Recent papers instead allow the agent to choose the entire distribution, an assumption that better describes the extensive and flexible control that CEOs have over firm outcomes. Under this assumption, the optimal contract rewards the agent directly for outcomes the principal cares about, rather than for what those outcomes reveal about the agent’s effort. This article briefly summarizes this new agency model and discusses its implications for contracting on ESG activities.
Overseeing The Administrative State,
2024
Seattle University School of Law
Overseeing The Administrative State, Jill E. Fisch
Seattle University Law Review
In a series of recent cases, the Supreme Court has reduced the regulatory power of the Administrative State. Pending cases offer vehicles for the Court to go still further. Although the Court’s skepticism of administrative agencies may be rooted in Constitutional principles or political expediency, this Article explores another possible explanation—a shift in the nature of agencies and their regulatory role. As Pritchard and Thompson detail in their important book, A History of Securities Law in the Supreme Court, the Supreme Court was initially skeptical of agency power, jeopardizing Franklin Delano Roosevelt (FDR)’s ambitious New Deal plan. The Court’s acceptance …
The Sec, The Supreme Court, And The Administrative State,
2024
Seattle University School of Law
The Sec, The Supreme Court, And The Administrative State, Paul G. Mahoney
Seattle University Law Review
Pritchard and Thompson have given those of us who study the SEC and the securities laws much food for thought. Their methodological focus is on the internal dynamics of the Court’s deliberations, on which they have done detailed and valuable work. The Court did not, however, operate in a vacuum. Intellectual trends in economics and law over the past century can also help us understand the SEC’s fortunes in the federal courts and make predictions about its future.
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States,
2024
Seattle University School of Law
A Hard Pill To Swallow: The Abysmal Mental Health Standards Of Detained Immigrant Children In The United States, Rama Bankesly
Seattle University Law Review
After setting foot into the U.S., unaccompanied children must learn to navigate academic and legal systems while receiving little support and carrying the heavy burden of effects of trauma on their mental health. They need access to mental health care from qualified professionals, but as this Comment will explain, they systematically fail to receive care, as can be seen in cases like Doe v. Shenandoah Valley Juv. Ctr. Comm’n. In Shenandoah, an unaccompanied child arrived in the U.S. and was placed in a facility that failed to provide remotely adequate mental health care and in fact was subjected …
The Supreme Court And The Challenges For Fiscal Federalism: Mineral Area Development Authority V Steel Authority Of India,
2024
National Law School of India University, Bengaluru
The Supreme Court And The Challenges For Fiscal Federalism: Mineral Area Development Authority V Steel Authority Of India, Sanyukta Chowdhury, Amit Chowdhury
National Law School Journal
This case comment analyses the 2024 Supreme Court judgement in Mineral Area Development Authority v Steel Authority of India, in which the court upheld the states’ power to tax mineral rights and mineral-bearing land. The authors discuss the issues involved, the approach of the bench towards interpretation, and the implications for the parties to the case and other stakeholders. They argue that while fiscal federalism is crucial to India’s constitutional scheme, the bench had limited leeway in deciding the case on this basis due to the absence of legal, doctrinal, and factual clarity.
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?,
2024
Loyola University Chicago
Students For Fair Admissions: Affirming Affirmative Action And Shapeshifting Towards Cognitive Diversity?, Steven A. Ramirez
Seattle University Law Review
The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater …
The Potential For Conflicts Between Ccs Projects And Mineral Extraction,
2024
University of Oklahoma College of Law
The Potential For Conflicts Between Ccs Projects And Mineral Extraction, Joseph Schremmer
Faculty Articles
This article classifies the types of conflicts likely to occur between carbon dioxide sequestration and mineral extraction operations occurring simultaneously on the same tract of land. It then sets up framework for thinking through the legal disputes that may result. These are modest goals, and the central problem—concurrent carbon dioxide sequestration and mineral development—is more complex than can be fully analyzed here. I expect that much more work will need to be done on other important questions, hopefully building on this framework. Three further questions worthy of attention are (i) how these principles guide resolutions of specific kinds of disputes, …
Conflicts And Confluences Between Surface And Mineral Estates With Ccus,
2024
University of Oklahoma College of Law
Conflicts And Confluences Between Surface And Mineral Estates With Ccus, Joseph Schremmer
Faculty Articles
Carbon capture, utilization, and storage (CCUS) presents a new way of using an old resource: the subterranean rock structures and their interstitial “pore” space that make up the subsurface of the earth. Injecting carbon into these structures also raises a number of new legal questions about their ownership and the relations between the owners of the structures and the owners of other subsurface resources contained within them, like oil and gas, coal, coalbed methane, and geologically native carbon dioxide. This Article explores these new legal questions and the conceptual difficulties they present with the aim of guiding participants in CCUS …
Case Law On American Indians: October 2022 - August 2023,
2023
Seattle University School of Law
Case Law On American Indians: October 2022 - August 2023, Thomas P. Schlosser
American Indian Law Journal
No abstract provided.
Sovereign Lands,
2023
University of Oklahoma College of Law
Sovereign Lands, Brent D. Chicken, Amanda J. Dick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Wyoming,
2023
University of Oklahoma College of Law
Wyoming, John R. Chadd
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
West Virginia,
2023
University of Oklahoma College of Law
West Virginia, Andrew S. Graham
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Virginia,
2023
University of Oklahoma College of Law
Virginia, Zachary H. Barrett
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Utah,
2023
University of Oklahoma College of Law
Utah, Alan M. White
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Texas,
2023
University of Oklahoma College of Law
Texas, Melissa Munson, Matt Schlensker
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Tennessee,
2023
University of Oklahoma College of Law
Tennessee, Westley A. Ketron
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Pennsylvania,
2023
University of Oklahoma College of Law
Pennsylvania, Nathaniel I. Holland, Jon C. Beckman, Benedict J. Kirchner
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Oklahoma,
2023
University of Oklahoma College of Law
Oklahoma, Matt Schlensker, Sandra Fraley
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Ohio,
2023
University of Oklahoma College of Law
Ohio, Tim Mckeen, Melissa Grimes
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
North Dakota,
2023
University of Oklahoma College of Law
North Dakota, William J. Black
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
