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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
relationship between political forces and political life on the one hand, and constitutional forms of law on the other. Whether on judicial review in new democracies, or on the role of courts and constitutions ... centralization and politicization of executive power; (iv) the contraction or distortion of a shared public sphere; and (v) the elimination of political competition.”9 They illustrate, by way of comparative and
refuses, if you want to go by the never-more-mainstream liberal political philosophy of John Rawls. We shall see how a Rawlsian liberal framework would in fact fit quite nicely around Professor Delgado’s ... -running democratic political order, knowing they are fated to disagree intractably over the ultimate rightness and goodness of many specific policies from time to time enacted into law by political
political polarization: it is also epistemic. ... mission, means that they can hardly exclude those who seek a platform to perform political speech, unrelated to truth. Political polarization threatens universities in several ways, and there is a reason
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
This Article links the U.S. founders’ ideas about “human agency”—i.e., their understandings of the link between the individual and the social and political structure—with how they designed the ... and some differences. Lee was wealthier, but both men shared a passion for political philosophy and involvement.11 Adams, however, had a somewhat different way of framing the proper starting point in
This Article links the U.S. founders’ ideas about “human agency”—i.e., their understandings of the link between the individual and the social and political structure—with how they designed the ... and some differences. Lee was wealthier, but both men shared a passion for political philosophy and involvement.11 Adams, however, had a somewhat different way of framing the proper starting point in
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
, political elites viewed republican government as requiring that state legislatures and, to a lesser extent, federal officials, be accountable to the people who elected them, accountability that prevented ... ).21 Rather than the legislature, the voters—using the medium of political parties, which had been cause for alarm at the Founding—became the conduits of popular preferences.22 Thus, one cannot have a
official is “corrupt” and proving so is only a matter of launching an investigation. Rather than continuing this approach—which itself is ripe for political abuse—legislatures and courts should explore means ... meetings in smoky bars or a man throwing cash at FBI agents on a yacht.1 The reality of bribery is often much more mundane. The line between acceptable and unacceptable political behavior can be startlingly
political justice as democracy in implementing just tax policy. I join that call and highlight why it matters in one arena—tax exemption. I also further that discussion by arguing that politically just tax ... fundamental value of political justice. To test this case, I evaluate our choice to exempt “social welfare organizations” from the U.S. income tax. In addition to efficiency and equity, I also ask whether the
create more choices of process and ethical and political commitments to seek a more just world. I began as a poverty and civil rights lawyer and sought effective and creative ways to solve problems ... unlikely or ill-advised. ** Distinguished and Chancellor’s Professor of Law (and Political Science), University of California Irvine, and A.B. Chettle Jr. Professor of Law, Dispute Resolution and Civil
society today and its importance regarding political discourse. Part III describes how the federal courts of appeals currently analyze whether public officials’ actions on social media constitute state ... people.15 Out of all the possible uses for social media, only 29% of people use social media to post or share about political issues often (9%) or sometimes (20%).16 While only a minority of people use
Indian law,4 legal theory and philosophy,5 the role of regulation in banking and consumer finance,6 and others. The breadth and profound impact of Singer’s work is difficult to capture in any summary. His ... legal and political actors to reckon with both the reality and legitimacy of Native American nations’ claims to sovereignty and the preservation of their ways of life.9 He has argued powerfully for the
