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Racial Equity Audits Create Accountability for DEI Programs
"I wish I could say that racism and prejudice were only distant memories … We must dissent from the indifference. We must dissent from the apathy. We must dissent from the fear, the hatred and the mistrust … We must dissent because America can do better, because America has no choice but to do better." — Justice Thurgood Marshall
Workplace discrimination is prohibited by Title VII of the Civil Rights Act of 1964. Notwithstanding this federal law, the underlying jurisprudence applying it, and its state and local analogues, fair and equitable treatment of employees remains elusive for many organizations. According to a 2019 Glassdoor survey, 61% of U.S. employees reported that they have witnessed or experienced workplace discrimination, and stark racial and gender disparities in professional advancement persist at every level in every major industry. Furthermore, evidence suggests that some of the most common interventions to promote diversity do not work as intended. See, Frank Dobbin and Alexandra Kalev, "Why Diversity Programs Fail," Harvard Bus. Rev., (Jul-Aug. 2016).
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Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.
Risks of “Baseball Arbitration” in Resolving Real Estate Disputes
“Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.