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Woke Capital Is Butting up Against Corporate Law Constraints

Fashions and fads tend to lead people wrong. You probably have a list of unfortunate ones in mind right now. Mullets? Bell-bottoms? Banded-collar shirts? Boy bands? The one at the top of my own list is equally offensive, but more freighted: the corporate "diversity and inclusion" policies sweeping the world's boardrooms in violation of both longstanding federal law and the American moral consensus. Newsweek originally published this piece in its Opinion section.

2021-06-23T09:45:43-05:00June 23rd, 2021|Blog|

Open Letter on Behalf of Shareholders to Officers and Directors of Coca-Cola Company

Today, on behalf of a set of concerned Coca-Cola Company shareholders, the ACR Project and its co-counsel Offit|Kurman demanded that the company either publicly retract the discriminatory outside-counsel policies it announced in January or provide access to the corporate records related to the decision of Coca-Cola's officers and directors to adopt and retain those illegal policies.  

2021-06-11T13:46:08-05:00June 11th, 2021|Submissions|

Comment on Department of Education’s Proposed New Priorities for Federal Funding

Yesterday, the American Civil Rights Project submitted a comment on the Department of Education's proposal of new priorities for federal education funding. We applauded the Department, where it would prioritize teaching students to analyze information dispassionately and apply objective, consistent standards to determine the reliability of sources.  We could not do the same, where the Department's failure to apply objective, consistent standards to sources appears to have led it to rely on those using inaccurate information to manipulate their audiences.

2021-05-20T11:06:27-05:00May 20th, 2021|Blog, Submissions|

Escaping the Goldilocks Problem: A Proposal That Would Enable States to Avoid Redistricting Litigation

For a generation, state and local governments have faced a Goldilocks problem when they redistrict. Courts require them to use race to design districts in order to comply with Section 2 of the Voting Rights Act, but they invalidate maps under the 14th Amendment to the U.S. Constitution when racial considerations “predominated” in the drawing of districts. Seemingly every approach state and local governments have taken to try to draw districts that would comply with these dueling requirements leaves them in the crosshairs of plaintiffs and the federal judiciary: ignoring race entirely, following bright-line concentration rules established by Supreme Court precedents to assure protected classes’ voting power, deferring to the requests presented by representatives of protected classes, deferring to the decisions of nominally non-partisan redistricting panels, and more. There is also an obvious disconnect between voting reformers’ complaints about our current redistricting systems and those reformers’ proposed solutions. Almost no proposal on offer would solve these problems, and almost every proposal on the table would actually make them worse. Indeed, even the remedies imposed by courts have been attacked in later litigation as violating one or both of Goldilocks’ warring demands. But there is a solution to the Goldilocks problem. State and local governments can avoid further redistricting litigation under both the Constitution and Section 2 by simply getting out of the game and drawing no districts whatsoever. This piece originally ran, along with a response from Kevin St. John and a reply from the author, in The Federalist Society Review, Vol. 21.

2021-04-13T09:20:07-05:00January 7th, 2021|Blog|

An Update on Challenges to California’s Statutes Allocating Corporate Board Seats by Race, Ethnicity, Sex, and Gender

The furthest advanced effort of the California legislature to allocate opportunities on the basis of group identities has got to be the statutes (two passed in the last three years) to amend the state’s Corporations Code to dictate whom stockholders can elect as their directors. These allocations have been challenged in state and federal court, and -- should it survive those initial suits -- additional claims will surely follow. This piece originally ran on the blog of the Civil Rights Practice Group of the Federalist Society.

2021-04-13T09:23:03-05:00December 17th, 2020|Blog|
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