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Challenging Boardroom Homogeneity
The lack of gender parity in the governance of business corporations has ignited a heated global debate, leading policymakers to wrestle with difficult questions that lie at the intersection of market activity and social identity politics. Drawing on semi-structured interviews with corporate board directors in Norway and documentary content analysis of corporate securities filings in the United States, Challenging Boardroom Homogeneity empirically investigates two distinct regulatory models designed to address diversity in the boardroom: quotas and disclosure. The author's study of the Norwegian quota model demonstrates the important role diversity can play in enhancing the quality of corporate governance, while also revealing the challenges diversity mandates pose. His analysis of the US regime shows how a disclosure model has led corporations to establish a vocabulary of 'diversity'. At the same time, the analysis highlights the downsides of affording firms too much discretion in defining that concept. This book deepens ongoing policy conversations and offers new insights into the role law can play in reshaping the gendered dynamics of corporate governance cultures.
Predatory Lending and the Destruction of the African-American Dream
Examines predatory practices in mortgage markets to provide invaluable insight into the racial wealth gap between black and white Americans.
A Prescription for Dignity
Examining the treatment of persons with mental disabilities in the criminal justice system, this book offers new perspectives that are crucial to an understanding of the ways in which society projects onto criminal defendants prejudices and attitudes about responsibility, free will, autonomy, choice, public safety, and the meaning and purpose of punishment, all with a focus on ways to enhance dignity in the criminal trial process. It is a detailed exploration of issues of adequacy of counsel; the impact of international human rights law, following the ratification of the United Nations Convention on the Rights of Persons with Disabilities (CRPD); the role of mental health courts; and the inf...
The Globalization of Health Care
The Globalization of Health Care is the first book to offer a comprehensive legal and ethical analysis of the most interesting and broadest reaching development in health care of the last twenty years: its globalization. It ties together the manifestation of this globalization in four related subject areas - medical tourism, medical migration (the physician "brain drain"), telemedicine, and pharmaceutical research and development, and integrates them in a philosophical discussion of issues of justice and equity relating to the globalization of health care. The time for such an examination is right. Medical tourism and telemedicine are growing multi-billion-dollar industries affecting large n...
The Foundations and Future of Financial Regulation
Financial regulation has entered into a new era, as many foundational economic theories and policies supporting the existing infrastructure have been and are being questioned following the financial crisis. Goodhart et al’s seminal monograph "Financial Regulation: Why, How and Where Now?" (Routledge:1998) took stock of the extent of financial innovation and the maturity of the financial services industry at that time, and mapped out a new regulatory roadmap. This book offers a timely exploration of the "Why, How and Where Now" of financial regulation in the aftermath of the crisis in order to map out the future trajectory of financial regulation in an age where financial stability is being...
Critical Perspectives on Human Rights and Disability Law
This book examines the changing relationship between disability and the law, addressing the intersection of human rights principles, human rights law, domestic law and the experience of people with disabilities. Drawn from the global experience of scholars and activists in a number of jurisdictions and legal systems, the core human rights principles of dignity, equality and inclusion and participation are analyzed within a framework of critical disability legal scholarship.
Corporations Are People Too
Why we're better off treating corporations as people under the law--and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should they be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society and concludes that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.
The Corporate Diversity Jigsaw
Although diversity in companies is a topic of great interest, significant aspects of the issue are often left out of the debate. The Corporate Diversity Jigsaw connects all the dots so that steps taken to address issues of diversity in business organisations can be more effective. Akshaya Kamalnath offers a nuanced justification of exactly what types of diversity are most useful for corporations, where they should be implemented, and how best to address diversity in ways that account for recent social movements such as #MeToo and Black Lives Matter. After a critical assessment of quotas and disclosure requirements across jurisdictions, she provides a different way to solve the problem, by encouraging companies to make improvements to their culture and internal processes. This timely book offers a balanced analysis, practical solutions, and fresh perspectives on how corporate culture and social movements impact diversity efforts.
The Ubiquity of Positive Measures for Addressing Systemic Discrimination and Inequality
"Positive measures to prevent and remedy discrimination have been adopted in many parts of the world. By comparing the scope and form of such measures in different legal systems, we can gain a better perspective on our own system, and appreciate possible new approaches. This book compares positive anti-discrimination measures in the United States, India, Brazil, South Africa, Canada, the United Kingdom, and the European Union"--
The UN Convention on the Rights of Persons with Disabilities
This volume is a systematic commentary on the Convention on the Rights of Persons with Disabilities (CRPD), and includes analysis of its Optional Protocol. It provides an authoritative discussion on the CRPD and is a definitive resource tool for use in litigation as well as in formulating policy at the domestic and international levels.
