On the Docket’s Preview of the March Supreme Court Arguments
March 2 Nasrallah v. Barr No. 18-1432, 11th Cir. Preview by Megan Walden In Nasrallah v. Barr, the Court will resolve a long-standing circuit split in immigration law and determine whether the Court of Appeals has jurisdiction to review findings of fact in denials of withholding and deferral of removal cases. Nidal Khalid Nasrallah, a... Read More
On the Docket’s Preview of the February Supreme Court Arguments
February 24 United States Forest Service v. Cowpasture River Preservation Association; Atlantic Coast Pipeline, LLC v. Cowpasture River Preservation Association No. 18-1584 & 18-1587, 4th Cir. Preview by Taylor Dowd, Senior Online Editor Is the Appalachian Trail, the 2,200-mile-long stretch running from Georgia to Maine, “land,” or just a footpath traversing land? The Appalachian Trail... Read More
Women, Rule-Breaking, and The Triple Bind
June Carbone, Naomi Cahn & Nancy Levit 87 Geo. Wash. L. Rev. 1105 Two growing literatures critique Hobbesian corporate cultures. Management analyses document the way high-stakes/zero-sum bonus systems undermine, rather than enhance, productivity as they subvert teamwork, valorize self-interested behavior, and weaken ethical standards. This literature treats negative effects of such systems, including lawless and... Read More
Fall 2018 Symposium: All on Board? Board Diversity Trends Reflect Signs of Promise and Concern
Lisa M. Fairfax 87 Geo. Wash. L. Rev. 1031 This Article argues that while there is considerable reason to be optimistic about the possibility that board diversity efforts will create meaningful change in the number of women who occupy board positions, that optimism must be tempered by certain trends suggesting that the board diversity effort... Read More
The Need for Mentors in Promoting Gender Diverse Leadership in the #MeToo Era
Cindy A. Schipani & Terry Morehead Dworkin 87 Geo. Wash. L. Rev. 1272 It is difficult to read the news today without running across another story of sexual harassment or of women facing hostile work environments. When there is harassment, most women just leave the harassing conditions and move on to another job rather than... Read More
Automating the Risk of Bias
Kristin N. Johnson 87 Geo. Wash. L. Rev. 1214 Artificial intelligence (“AI”) is a transformative technology that has radically altered decision-making processes. Evaluating the case for algorithmic or automated decision-making (“ADM”) platforms requires navigating tensions between two normative concerns. On the one hand, ADM platforms may lead to more efficient, accurate, and objective decisions. On... Read More
In Her Own Words: What Corporate Women May—and May Not—Teach Us About Law and Legal Theory
Theresa A. Gabaldon 87 Geo. Wash. L. Rev. 1163 Cheryl Bachelder, Carly Fiorina, Sheryl Sandberg, and Meg Whitman all are women who have served in the “C-Suite” of a publicly traded company. In addition, each has written a semi-autobiographical advice book on leadership. The titles, in alphabetical order of authorship, are Dare to Serve: How... Read More
From Governess to Governance: Advancing Gender Equity in Corporate Leadership
Kellye Y. Testy 87 Geo. Wash. L. Rev. 1095 Even as corporate influence on every aspect of life continues to grow, women (overall, and especially women of color) remain woefully underrepresented in corporate governance roles, particularly on boards of directors. This lack of gender diversity in the corporate boardroom is prevalent not only in more... Read More
Me, Too and #MeToo: Women in Congress and the Boardroom
Joan MacLeod Heminway 87 Geo. Wash. L. Rev. 1079 The “Year of the Woman” (1992) and the year of #MeToo (2018) were landmark years for women in federal congressional elections. Both years also represent significant milestones for women’s roles as U.S. public company directors. In each of these two years, social context was interconnected with... Read More
Gender Diversity, Diversity Fatigue, and Shifting the Focus
Douglas M. Branson 87 Geo. Wash. L. Rev. 1061 The women’s movement has been with us for approximately 50 years. Women are airline pilots, police officers, engineers, fire fighters, physicians, and veterinarians. By contrast, the progress to corporate senior executive positions has been paltry, in fits and starts, at best in baby steps. Ascendant males... Read More