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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 ... administrative agencies coupled with their insulation from political influence afforded them distinctive regulatory advantages. Today there are questions about the extent to which agencies continue to reflect
movement. Generally, this essay examines corporate leadership’s potential to address socio-political issues through the prism of Civil Rights Movement activism. Specifically, it reflects on the far-reaching ... Gina Jarrett for their valuable research assistance “The philosophy behind the Sullivan Principles was no different from the approach I had developed in my boycott days during the height of the civil
domestic gender and social justice goals. Domestic political pressures for such policies also matter although they operate in increasingly constrained spaces with growing levels of foreign debt. Since ... core of both trade performance and distributional questions. At the end of the day, the question of greater diversity within corporations cannot be divorced from the political and power struggles in the
disclosure” approach and the heavy hand of California’s quota approach—Nasdaq’s new listing rule reflects a principles-based philosophy that is operationalized through a “comply-or-explain” formulation. It ... , in addition to issues of political and legal viability. And while comply-or-explain rules, unlike quotas, will not ensure that specific representation levels are achieved within specific timeframes
, political, and cultural trends that contributed to the retrenchment. I will use those explorations to ask and suggest answers to two still broader questions: Would the retrenchment have happened, perhaps with ... the public. 20 The Securities Act of 1933 embodied the “full disclosure” philosophy. William O. Douglas famously criticized the Securities Act for not going far enough. In his view, the Act failed to
tolerance of corporate law for the unconstrained use of corporate power for political purposes, and its negative effect on the ability of government to implement stakeholder-protective policies. We confront ... POLITICAL ECONOMY (1959) [hereinafter POWER WITHOUT PROPERTY]. Both works consider the framework of both hard law and social expectations within which post-World War II American corporations were operating
political climate of the early 1970s was similar to that which preceded Berle’s work in 1932 and his debate with Dodd that followed. As one scholar contemporaneously recounted, the national 2024] “temper” had ... similar social and political uncertainty and unrest. Starting in 2019, after years of widespread discontent with the political branches, public pressure began to build on business to do something more for
research. In particular, I build on work from political philosophy on the value of freedom, and on work from epistemology (the philosophical theory of knowledge) on the value of knowledge and common ... wide range of interested readers and to highlight the main idea of this Article. However, a disclaimer must be made that philosophy is a conceptual rather than an empirical discipline, and as a result it
reaction to events.3 Where state corporate lawmaking was economically driven, federal corporate lawmaking followed political demands. Lawmakers at the national level—Congress, the Securities and Exchange ... entered state territory to satisfy interest group demands, expecting no adverse political consequences. When the economy stalled and the stock market was down, they responded to more broadly-based political
then advance them through voting. Political theorists debate the merits of these competing views, but in corporate governance, the battle between them was resolved in the nineteenth century, by the ... representatives, this Essay argues that it might be more accurate to analogize funds (and their umbrella organizations, asset managers) to political parties. Like political parties, funds are private associations
. ........................................................................... 447 3. Political Posture. ....................................................................... 449 B. Facilitative Conditions ................................................................. 450 1 ... . ......................................................................... 457 D. Political Preemption .................................................................... 458 1. Threats to the Shareholder Interest. .......................................... 458 2. Threats to
corporate law revolution reflecting an evolved public and political conception that the robber-baron era of corporate capitalism was no longer commensurate with society’s expectations.14 Throughout the 2024 ... ] early 20th century, political leaders all along the spectrum—from progressive reformers like Woodrow Wilson to his free-market rival Theodore Roosevelt—agreed that as their power and heft accelerated
, this ‘one-size-fits-all’ philosophy does not account for tumor biological features to design patient-specific radiation dosing regimens. Moreover, due to the inter-patient variability, patients treated ... patients and not abiding to the one- size-fits all philosophy that is currently employed in routine clinical care. Importantly, the integration of clinical and OMICS features in the predictive model, will
Law in 2014. He earned his Bachelor of Science in Mathematics and History , magna cum laude, with a minor in Philosophy, from Birmingham-Southern College in 2012 , USA The United States (U.S ... political aisle might request an important change in legal policy in the years and decades to come. We posit that the negative consequences affecting Americans as a result of a foreign war 6,000 miles away
the most common type, with 294 cases (19.0%) [ 15 ]. A cancer plan was drawn up in 2007 but has never been implemented, mainly because of the political crises that have been ongoing since 2010 ... , women, patient associations, and political decision-makers were present at these sessions (60 people). The participants were enthusiastic and involved in the sessions. They asked many questions and added
direction is debatable. As more and more of daily life becomes subject to political polarization in values, we might find that employees, consumers, and shareholders sort themselves out among conservative and ... progressive companies. That would significantly reduce some potential costs of creating political fights within companies. This kind of sorting is an important benefit of the American system of delegating much
. 203, 235–45 (2022). 27. On these issues, see generally Pargendler, The Grip of Nationalism on Corporate Law, supra note 3 (on the significance of political boundaries and disparate distribution effects ... POLITICAL ECONOMY OF THE CORPORATION 229 (Andreas Nölke & Christian May eds., 2018). 150. Malaysia’s Constitution of 1957, Art. 153 (article 153 (2) provides that “[n]otwithstanding anything in this
approach, however, Justice White then makes the point that this conclusion is also supported by the “fundamental purpose” of the Act, which was to implement a “philosophy of full and fair disclosure,” which
American society, the Supreme Court found a way to uphold the civil rights activists’ protest actions. This theory of interest convergence is now a bedrock philosophy in the pantheon of Critical Race Theory ... implications of this interest convergence philosophy? Is this philosophy useful for us today to seek systemic transformation or institutional transformation, on the grounds of racial justice? What types of
problem of "political theology." - t Charles Barbour is Lecturer in Philosophy at the University of Western Sydney. H e works on contemporary social and political theory, with an emerging interest in post ... -secularism and political theology. Political theology is a term coined, to the best of my knowledge, by Mikhail Bakunin. Bakunin used the term in the pejorative sense, after the manner of the Left Hegelians
