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Shareholder Activism By Public Pension Funds And The Rights Of Dissenting Employees Under The First Amendment
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Book Synopsis Shareholder Activism by Public Pension Funds and the Rights of Dissenting Employees Under the First Amendment by : Eric Alden
Download or read book Shareholder Activism by Public Pension Funds and the Rights of Dissenting Employees Under the First Amendment written by Eric Alden and published by . This book was released on 2015 with total page 78 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public pension funds enjoy significant voting power in the U.S. publicly traded corporations by virtue of the aggregated retirement assets at their disposal. Many funds are engaged in a concerted drive to assert shareholder control rights with respect to such corporations and to effect a host of environmental, social, and governance reforms in American business. Although many public-sector employees may applaud the goals and objectives of these public pension funds, not all will. This Article argues that dissenting employees whom the law compels to contribute to such funds have a First Amendment right to object to having their pro rata portion of publicly traded shares held by such funds voted by fund administrators for the purpose of advancing goals of a political or ideological nature not germane to the fund's core mission of providing retirement benefits to participants. This argument, which has not been addressed by courts or the academic literature, would extend firmly established First Amendment caselaw to a novel area of application.In making this argument, this Article addresses the Supreme Court's developing government speech doctrine, under which citizens may challenge compelled support of private speech but have no First Amendment right not to fund government speech. The Article argues that the political and ideological activities of a public pension fund, at least in the case of the leading public pension fund, CalPERS, should be treated as those of the public pension fund itself, and not ascribed to the state, for purposes of the First Amendment. The Article suggests using an “independent instrumentality” test to ascertain whether the relevant legislature has by statute created a body not subject to effective control by the executive branch of government, such that courts should not attribute the instrumentality's political and ideological activities to the government for the purposes of the government speech doctrine.
Book Synopsis The SAGE Encyclopedia of Business Ethics and Society by : Robert W. Kolb
Download or read book The SAGE Encyclopedia of Business Ethics and Society written by Robert W. Kolb and published by SAGE Publications. This book was released on 2018-03-27 with total page 7348 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thoroughly revised, updated, and expanded, The SAGE Encyclopedia of Business Ethics and Society, Second Edition explores current topics, such as mass social media, cookies, and cyber-attacks, as well as traditional issues including accounting, discrimination, environmental concerns, and management. The new edition also includes an in-depth examination of current and recent ethical affairs, such as the dangerous work environments of off-shore factories for Western retailers, the negligence resulting in the 2010 BP oil spill, the gender wage gap, the minimum wage debate and increasing income disparity, and the unparalleled level of debt in the U.S. and other countries with the challenges it presents to many societies and the considerable impact on the ethics of intergenerational wealth transfers. Key Features Include: Seven volumes, available in both electronic and print formats, contain more than 1,200 signed entries by significant figures in the field Cross-references and suggestions for further readings to guide students to in-depth resources Thematic Reader′s Guide groups related entries by general topics Index allows for thorough browse-and-search capabilities in the electronic edition
Book Synopsis Politics at Work by : Alexander Hertel-Fernandez
Download or read book Politics at Work written by Alexander Hertel-Fernandez and published by Oxford University Press. This book was released on 2018-02-01 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: How and why U.S. employers are increasingly recruiting their workers into politics--and what such recruitment means for American democracy and public policy. Employers are increasingly recruiting their workers into politics to change elections and public policy-sometimes in coercive ways. Using a diverse array of evidence, including national surveys of workers and employers, as well as in-depth interviews with top corporate managers, Alexander Hertel-Fernandez's Politics at Work explains why mobilization of workers has become an appealing corporate political strategy in recent decades. The book also assesses the effect of employer mobilization on the political process more broadly, including its consequences for electoral contests, policy debates, and political representation. Hertel-Fernandez shows that while employer political recruitment has some benefits for American democracy-for instance, getting more workers to the polls-it also has troubling implications for our democratic system. Workers face considerable pressure to respond to their managers' political requests because of the economic power employers possess over workers. In spite of these worrisome patterns, Hertel-Fernandez found that corporate managers view the mobilization of their own workers as an important strategy for influencing politics. As he shows, companies consider mobilization of their workers to be even more effective at changing public policy than making campaign contributions or buying electoral ads. Hertel-Fernandez closes with an array of solutions that could protect workers from employer political coercion and could also win the support of majorities of Americans. By carefully examining a growing yet underappreciated political practice, Politics at Work contributes to our understanding of the changing workplace, as well as the increasing power of corporations in American politics. It is essential reading for anyone interested in the connections between inequality, public policy, and American democracy.
Download or read book Hedge Fund Activism written by Alon Brav and published by Now Publishers Inc. This book was released on 2010 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: Hedge Fund Activism begins with a brief outline of the research literature and describes datasets on hedge fund activism.
Book Synopsis The Shareholder Rights and Activism Review by : Francis J. Aquila
Download or read book The Shareholder Rights and Activism Review written by Francis J. Aquila and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Book Synopsis The Wolf at the Door by : John C. Coffee
Download or read book The Wolf at the Door written by John C. Coffee and published by . This book was released on 2016-02-10 with total page 108 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Wolf at the Door: The Impact of Hedge Fund Activism on Corporate Governance has three basic aims: to understand and explain the factors that have caused an explosion in hedge fund activism; to examine the impact of this activism; and to survey and evaluate possible legal interventions with an emphasis on the least restrictive alternative.
Book Synopsis Company Law and Sustainability by : Beate Sjåfjell
Download or read book Company Law and Sustainability written by Beate Sjåfjell and published by Cambridge University Press. This book was released on 2015-05-21 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book advances an innovative, multi-jurisdictional argument for the necessity of company law reform to reorient companies towards environmental sustainability.
Download or read book The Good Doctors written by John Dittmer and published by Univ. Press of Mississippi. This book was released on 2017-01-31 with total page 342 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the summer of 1964 medical professionals, mostly white and northern, organized the Medical Committee for Human Rights (MCHR) to provide care and support for civil rights activists organizing black voters in Mississippi. They left their lives and lucrative private practices to march beside and tend the wounds of demonstrators from Freedom Summer, the March on Selma, and the Chicago Democratic Convention of 1968. Galvanized and sometimes radicalized by their firsthand view of disenfranchised communities, the MCHR soon expanded its mission to encompass a range of causes from poverty to the war in Vietnam. They later took on the whole of the United States healthcare system. MCHR doctors soon realized fighting segregation would mean not just caring for white volunteers, but also exposing and correcting shocking inequalities in segregated health care. They pioneered community health plans and brought medical care to underserved or unserved areas. Though education was the most famous battleground for integration, the appalling injustice of segregated health care levelled equally devastating consequences. Award-winning historian John Dittmer, author of the classic civil rights history Local People: The Struggle for Civil Rights in Mississippi, has written an insightful and moving account of a group of idealists who put their careers in the service of the motto “Health Care Is a Human Right.”
Book Synopsis Corporate Governance by : Robert A. G. Monks
Download or read book Corporate Governance written by Robert A. G. Monks and published by Wiley-Blackwell. This book was released on 2003-12-19 with total page 584 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the dramatic series of corporate meltdowns: Enron; Tyco; Adelphia; WorldCom; the timely new edition of this successful text provides students and business professionals with a welcome update of the key issues facing managers, boards of directors, investors, and shareholders. In addition to its authoritative overview of the history, the myth and the reality of corporate governance, this new edition has been updated to include: analysis of the latest cases of corporate disaster; An overview of corporate governance guidelines and codes of practice in developing and emerging markets new cases: Adelphia; Arthur Andersen; Tyco Laboratories; Worldcom; Gerstner's pay packet at IBM Once again in the new edition of their textbook, Robert A. G. Monks and Nell Minow show clearly the role of corporate governance in making sure the right questions are asked and the necessary checks and balances in place to protect the long-term, sustainable value of the enterprise. A CD-ROM containing a comprehensive case study of the Enron collapse, complete with senate hearings and video footage, accompanies the text. Further lecturer resources and links are available at www.blackwellpublishing.com/monks
Book Synopsis Corporate Governance in the Common-Law World by : Christopher M. Bruner
Download or read book Corporate Governance in the Common-Law World written by Christopher M. Bruner and published by Cambridge University Press. This book was released on 2013-03-29 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: The corporate governance systems of Australia, Canada, the United Kingdom and the United States are often characterized as a single 'Anglo-American' system prioritizing shareholders' interests over those of other corporate stakeholders. Such generalizations, however, obscure substantial differences across the common-law world. Contrary to popular belief, shareholders in the United Kingdom and jurisdictions following its lead are far more powerful and central to the aims of the corporation than are shareholders in the United States. This book presents a new comparative theory to explain this divergence and explores the theory's ramifications for law and public policy. Bruner argues that regulatory structures affecting other stakeholders' interests - notably differing degrees of social welfare protection for employees - have decisively impacted the degree of political opposition to shareholder-centric policies across the common-law world. These dynamics remain powerful forces today, and understanding them will be vital as post-crisis reforms continue to take shape.
Book Synopsis Freedom in the World 2011 by : Freedom House
Download or read book Freedom in the World 2011 written by Freedom House and published by Rowman & Littlefield Publishers. This book was released on 2011-12-01 with total page 862 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World, the Freedom House flagship survey whose findings have been published annually since 1972, is the standard-setting comparative assessment of global political rights and civil liberties. The survey ratings and narrative reports on 194 countries and 14 territories are used by policymakers, the media, international corporations, civic activists, and human rights defenders to monitor trends in democracy and track improvements and setbacks in freedom worldwide. The Freedom in the World political rights and civil liberties ratings are determined through a multi-layered process of research and evaluation by a team of regional analysts and eminent scholars. The analysts used a broad range of sources of information, including foreign and domestic news reports, academic studies, nongovernmental organizations, think tanks, individual professional contacts, and visits to the region, in conducting their research. The methodology of the survey is derived in large measure from the Universal Declaration of Human Rights, and these standards are applied to all countries and territories, irrespective of geographical location, ethnic or religious composition, or level of economic development.
Book Synopsis Freedom in the World 2004 by : Aili Piano
Download or read book Freedom in the World 2004 written by Aili Piano and published by Rowman & Littlefield. This book was released on 2004 with total page 756 pages. Available in PDF, EPUB and Kindle. Book excerpt: Freedom in the World contains both comparative ratings and written narratives and is now the standard reference work for measuring the progress and decline in political rights and civil liberties on a global basis.
Download or read book Organizing Matters written by Guy Mundlak and published by Edward Elgar Publishing. This book was released on 2020-05-29 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: Organizing Matters demonstrates the interplay between two distinct logics of labour’s collective action: on the one hand, workers coming together, usually at their place of work, entrusting the union to represent their interests and, on the other hand, social bargaining in which the trade union constructs labour’s interests from the top down. The book investigates the tensions and potential complementarities between the two logics through the combination of a strong theoretical framework and an extensive qualitative case study of trade union organizing and recruitment in four countries – Austria, Germany, Israel and the Netherlands. These countries still utilize social-wide bargaining but find it necessary to draw and develop strategies transposed from Anglo-American countries in response to continuously declining membership.
Book Synopsis We the Corporations: How American Businesses Won Their Civil Rights by : Adam Winkler
Download or read book We the Corporations: How American Businesses Won Their Civil Rights written by Adam Winkler and published by Liveright Publishing. This book was released on 2018-02-27 with total page 485 pages. Available in PDF, EPUB and Kindle. Book excerpt: National Book Award for Nonfiction Finalist National Book Critics Circle Award for Nonfiction Finalist A New York Times Notable Book of the Year A Washington Post Notable Book of the Year A PBS “Now Read This” Book Club Selection Named one of the Best Books of the Year by the Economist and the Boston Globe A landmark exposé and “deeply engaging legal history” of one of the most successful, yet least known, civil rights movements in American history (Washington Post). In a revelatory work praised as “excellent and timely” (New York Times Book Review, front page), Adam Winkler, author of Gunfight, once again makes sense of our fraught constitutional history in this incisive portrait of how American businesses seized political power, won “equal rights,” and transformed the Constitution to serve big business. Uncovering the deep roots of Citizens United, he repositions that controversial 2010 Supreme Court decision as the capstone of a centuries-old battle for corporate personhood. “Tackling a topic that ought to be at the heart of political debate” (Economist), Winkler surveys more than four hundred years of diverse cases—and the contributions of such legendary legal figures as Daniel Webster, Roger Taney, Lewis Powell, and even Thurgood Marshall—to reveal that “the history of corporate rights is replete with ironies” (Wall Street Journal). We the Corporations is an uncompromising work of history to be read for years to come.
Book Synopsis Quality Shareholders by : Lawrence A. Cunningham
Download or read book Quality Shareholders written by Lawrence A. Cunningham and published by Columbia University Press. This book was released on 2020-11-03 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: Anyone can buy stock in a public company, but not all shareholders are equally committed to a company’s long-term success. In an increasingly fragmented financial world, shareholders’ attitudes toward the companies in which they invest vary widely, from time horizon to conviction. Faced with indexers, short-term traders, and activists, it is more important than ever for businesses to ensure that their shareholders are dedicated to their missions. Today’s companies need “quality shareholders,” as Warren Buffett called those who “load up and stick around,” or buy large stakes and hold for long periods. Lawrence A. Cunningham offers an expert guide to the benefits of attracting and keeping quality shareholders. He demonstrates that a high density of dedicated long-term shareholders results in numerous comparative and competitive advantages for companies and their managers, including a longer runway to execute business strategy and a loyal cohort against adversity. Cunningham explores dozens of corporate practices and policies—such as rational capital allocation, long-term performance metrics, and a shareholder orientation—that can help shape the shareholder base and bring in committed owners. Focusing on the benefits for corporations and their investors, he reveals what draws quality shareholders to certain companies and what it means to have them in an investor base. This book is vital reading for investors, executives, and directors seeking to understand and attract the kind of shareholders that their companies need.
Book Synopsis Freedom in the World 2012 by : Freedom House
Download or read book Freedom in the World 2012 written by Freedom House and published by Rowman & Littlefield Publishers. This book was released on 2012 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: A survey of the state of human freedom around the world investigates such crucial indicators as the status of civil and political liberties and provides individual country reports.
Download or read book Napalm written by Robert M. Neer and published by Harvard University Press. This book was released on 2013-04-01 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: Napalm, incendiary gel that sticks to skin and burns to the bone, came into the world on Valentine’s Day 1942 at a secret Harvard war research laboratory. On March 9, 1945, it created an inferno that killed over 87,500 people in Tokyo—more than died in the atomic explosions at Hiroshima or Nagasaki. It went on to incinerate sixty-four of Japan’s largest cities. The Bomb got the press, but napalm did the work. After World War II, the incendiary held the line against communism in Greece and Korea—Napalm Day led the 1950 counter-attack from Inchon—and fought elsewhere under many flags. Americans generally applauded, until the Vietnam War. Today, napalm lives on as a pariah: a symbol of American cruelty and the misguided use of power, according to anti-war protesters in the 1960s and popular culture from Apocalypse Now to the punk band Napalm Death and British street artist Banksy. Its use by Serbia in 1994 and by the United States in Iraq in 2003 drew condemnation. United Nations delegates judged deployment against concentrations of civilians a war crime in 1980. After thirty-one years, America joined the global consensus, in 2011. Robert Neer has written the first history of napalm, from its inaugural test on the Harvard College soccer field, to a Marine Corps plan to attack Japan with millions of bats armed with tiny napalm time bombs, to the reflections of Phan Thi Kim Phuc, a girl who knew firsthand about its power and its morality.
