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Cynthia Hawkins DeBose, The Tender Years Doctrine, in The Social History of the American Family (Marilyn J. Coleman and Lawrence H. Ganong eds., Sage, 2014)Clicking on the button will copy the full recommended citation.
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Dagmar Myslinska, Racist Racism: Complicating Whiteness Through the Privilege & Discrimination of Westerners in Japan, 83 UMKC Law Review 1 (2014)Clicking on the button will copy the full recommended citation.
With no anti-discrimination legislation, strong Confucian-inspired in-group mentality, and a belief in their mono-ethnicity, Japan is marred by a culture of widespread discrimination. Although it has ratified the International Convention for the Elimination of All Forms of Racial Discrimination, and guarantees equality in its Constitution, all those who differ from the closely-circumscribed norm are excluded culturally, and legally. Whites’ position in this milieu is complicated because of the West’s unique historical relationship with Japan, and due to the perception of white global dominance. Although admired and arguably privileged over other outsiders, Caucasians are nevertheless mocked and discriminated against - openly, frequently, and with impunity. The concept of racism, as funneled through critical race theory’s (“CRT”) reliance on homogeneous white privilege, lacks dialectic space to address their experiences of discrimination. Yet both CRT analytical tools and desire for praxis, and Confucian respect for human dignity have much to offer in expanding discrimination discourse, exposing the concept of racism as Western-centric, supporting equality, and giving voice to victims who do not fit the victim norm. In the process, this enlarged theoretical and analytical space can help alleviate Japan’s labor shortage, prompting multi-faceted reforms, and achieving true Confucian harmony and democracy. I propose to create new discourse, situated within expanded CRT and whiteness studies, while providing analytical coverage to a group of Caucasians rarely mentioned in popular or scholarly literature. Definitions of “the other” and “white privilege” need to move away from monolithic notions of race and power, which are white-centric and racist themselves.
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Ciara Torres-Spelliscy, Frankenstein Inc. Brought to You by Hobby Lobby (2014)Clicking on the button will copy the full recommended citation.
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Roberta Flowers and Amos Goodall, In Fear of Suits: The Attorney’s Role in Financial Exploitation, 10 National Academy of Elder Law Attorneys Journal 175 (2014)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy et al., Running the D.C. Circuit Gauntlet on Cost-Benefit Analysis after Citizens United: Empirical Evidence from Sarbanes-Oxley and the JOBS Act, 9 Duke J. Const. L. & Pub. Pol'y 135 (2014)Clicking on the button will copy the full recommended citation.
To require disclosure or not to require disclosure; that is the question faced by regulators, including the Securities and Exchange Commission (SEC), in light of the Supreme Court’s 2010 Citizens United decision, which allows anew free flow of corporate money into the political system.
Pending before the SEC since 2011 is a petition by 10 law professors asking for transparency of corporate political spending. We write this article in anticipation of the SEC’s eventual promulgation of rules requiring disclosure of corporate political spending. Many of the core questions about the market’s reaction to increased regulation of listed companies that we can study now are likely to be implicated in the debate about regulation within the narrower subset of corporate political spending.
Corporations who do not want to disclose their political spending are likely to challenge any rule that the SEC issues on the subject. Such a legal challenge is destined to be heard by the D.C. Circuit Court, which examines federal regulations with an increasingly jaundiced eye. One of the ground on which the D.C. Circuit can dispose of a new regulation is by finding that the SEC did not do a sufficiently rigorous cost-benefit analysis.
This article addresses the potential hostility that the D.C. Circuit may harbor against a new SEC rule requiring greater corporate transparency in election activities and provides some data that might assist the SEC in navigating this gauntlet.
In summary, our data showed that the market reacted positively to the new regulations in SOX and reacted negatively to the deregulations embodied in the JOBS Act. In short, and as discussed more fully below, the data demonstrate that the market values transparency and distrusts opaqueness. We hope that the D.C. Circuit will find these data useful in illuminating the larger debate over what securities regulations are allowable.
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Peter Lake and Judith Areen, Higher Education and the Law: Cases and Materials (2nd ed., Foundation Press, 2014)Clicking on the button will copy the full recommended citation.
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Peter Lake, Title IX Compliance Series (Magna Publications, Inc., 2014)Clicking on the button will copy the full recommended citation.
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Peter Lake, Title IX for Faculty: Your Role in Helping Students (Magna Publications, Inc., 2014)Clicking on the button will copy the full recommended citation.
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Peter Lake, Title IX for Students: What You Need to Know (Magna Publications, Inc., 2014)Clicking on the button will copy the full recommended citation.
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Rebecca C. Morgan, What the Future of Aging Means to All of Us: An Era of Possibilities, 48 Ind. L. Rev. 125 (2014)Clicking on the button will copy the full recommended citation.