Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, 2024 Seattle University School of Law
Stakeholder Capitalism’S Greatest Challenge: Reshaping A Public Consensus To Govern A Global Economy, Leo E. Strine Jr., Michael Klain
Seattle University Law Review
The Berle XIV: Developing a 21st Century Corporate Governance Model Conference asks whether there is a viable 21st Century Stakeholder Governance model. In our conference keynote article, we argue that to answer that question yes requires restoring—to use Berle’s term—a “public consensus” throughout the global economy in favor of the balanced model of New Deal capitalism, within which corporations could operate in a way good for all their stakeholders and society, that Berle himself supported.
The world now faces problems caused in large part by the enormous international power of corporations and the institutional investors who dominate their governance. These …
Delegated Corporate Voting And The Deliberative Franchise, 2024 Seattle University School of Law
Delegated Corporate Voting And The Deliberative Franchise, Sarah C. Haan
Seattle University Law Review
Starting in the 1930s with the earliest version of the proxy rules, the Securities and Exchange Commission (SEC) has gradually increased the proportion of “instructed” votes on the shareholder’s proxy card until, for the first time in 2022, it required a fully instructed proxy card. This evolution effectively shifted the exercise of the shareholder’s vote from the shareholders’ meeting to the vote delegation that occurs when the share-holder fills out the proxy card. The point in the electoral process when the binding voting choice is communicated is now the execution of the proxy card (assuming the shareholder completes the card …
Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, 2024 Seattle University School of Law
Robo-Voting: Does Delegated Proxy Voting Pose A Challenge For Shareholder Democracy?, John Matsusaka, Chong Shu
Seattle University Law Review
Robo-voting is the practice by an investment fund of mechanically voting in corporate elections according to the advice of its proxy advisor— in effect fully delegating its voting decision to its advisor. We examined over 65 million votes cast during the period 2008–2021 by 14,582 mutual funds to describe and quantify the prevalence of robo-voting. Overall, 33% of mutual funds robo-voted in 2021: 22% with ISS, 4% with Glass Lewis, and six percent with the recommendations of the issuer’s management. The fraction of funds that robo-voted increased until around 2013 and then stabilized at the current level. Despite the sizable …
Capitalism Stakeholderism, 2024 Seattle University School of Law
Capitalism Stakeholderism, Christina Parajon Skinner
Seattle University Law Review
Today’s corporate governance debates are replete with discussion of how best to operationalize so-called stakeholder capitalism—that is, a version of capitalism that considers the interests of employees, communities, suppliers, and the environment alongside (if not before) a company’s shareholders. So much focus has been dedicated to the question of capitalism’s reform that few have questioned a key underlying premise of stakeholder capitalism: that is, that competitive capitalism does not serve these various constituencies and groups. This Essay presents a different view and argues that capitalism is, in fact, the ultimate form of stakeholderism. As such, the Essay urges that the …
Banning Plastic, 2024 Pacific/McGeorge School of Law
Banning Plastic, Rachael E. Salcido
Utah Law Review
The disgusting nature of plastic pollution has finally captured the attention of policymakers and driven legal change. Local, state, and national bans on various plastic consumer items coupled with voluntary industry switching creates momentum toward a full-scale end to unnecessary plastic products. Bans have the capacity to create an important tipping point. This Article extolls the effectiveness of consumer bans and explores the challenges to achieving this highest level of environmental control. Plastic is essentially pure petroleum.1 Its persistence and destructiveness in the environment presents unique reasons to eliminate its use altogether. Plastics should only be used for essential products …
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.
New York, 2023 University of Oklahoma College of Law
New York, Delainey Banks
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
New Mexico, 2023 University of Oklahoma College of Law
New Mexico, Blake C. Jones
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.
Nevada, 2023 University of Oklahoma College of Law
Nevada, Kevin Hivick
Oil and Gas, Natural Resources, and Energy Journal
No abstract provided.