Citizen Corp.–Corporate Activism and Democracy

Abstract Corporations are increasingly taking stands on a wide range of social issues: gun control, gender and race, immigration, abortion. Scholars have praised this development as the rise of responsible capitalism. Popularized accounts have attacked the “woke corporation” as ideological, elitist, and fraudulent. Both views examine the new “corporate activism” as a corporate governance matter.Continue reading “Citizen Corp.–Corporate Activism and Democracy”

Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit

Abstract Ordinarily, in federal court, only case-ending judgments can be appealed. The writ of mandamus is one exception to that so-called final judgment rule. Mandamus permits a litigant who is dissatisfied with a lower court ruling to obtain immediate reversal if, among other things, the ruling was indisputably wrong and the party seeking mandamus hasContinue reading “Extraordinary Writ or Ordinary Remedy? Mandamus at the Federal Circuit”

Stewardship Theater

Abstract Large asset managers like BlackRock and Vanguard have amassed staggering equity holdings. The voting rights that accompany these holdings give them enormous power over many of the world’s largest companies. This unprecedented concentration of influence in a small group of financial intermediaries is a pressing policy concern. While law and finance literature on theContinue reading “Stewardship Theater”

House Rules: Congress and the Attorney-Client Privilege

Abstract In 2020, the Supreme Court rendered a landmark decision in Trump v. Mazars establishing four factors for determining the validity of congressional subpoenas for a sitting president’s personal papers. In an unanticipated move, Chief Justice John Roberts added that recipients of congressional subpoenas have “long been understood” to retain not only constitutional privileges, butContinue reading “House Rules: Congress and the Attorney-Client Privilege”

Digitize or Die: The Quixotic Battle for Camouflage Patterns in the United States Military

Abstract Military uniforms serve a multitude of purposes in the twenty-first century. In the United States, they are a ubiquitous symbol of patriotism and military might. Individual military service branches use military uniforms to distinguish each from the other. In its quest for distinctiveness, the Marine Corps initiated a power struggle for unique uniform designsContinue reading “Digitize or Die: The Quixotic Battle for Camouflage Patterns in the United States Military”

The Stock Act Ten Years Later: The Need for a New Congressional Insider Trading Regulatory Scheme

Abstract A recent Pew Research poll indicated only 20% of Americans trust the federal government to “do the right thing.”[1] Although falling trust in government began in the mid-1960s and must be attributed to many factors,[2] a belief that members of Congress (“Members”) exploit their access to confidential information in order to enrich themselves certainlyContinue reading “The Stock Act Ten Years Later: The Need for a New Congressional Insider Trading Regulatory Scheme”

Past-Acts Evidence in Excessive Force Litigation

Abstract Myriad obstacles prevent victims of police violence from vindicating civil claims against the officers who have harmed them and the cities which have failed them. Though these plaintiffs face legal hurdles even getting into court, this article explores an unusual evidentiary imbalance that occurs for those few plaintiffs who do make it to trial.Continue reading “Past-Acts Evidence in Excessive Force Litigation”