“Mediation-Only” Filings in the Delaware Court of Chancery: Can New Value Be Added by One of America’s Business Courts?

The following Essay by Vice Chancellor Leo Strine of the Delaware Court of Chancery advocates the enactment of legislation that authorizes the Court of Chancery to handle mediation-only cases. Such cases would be filed solely to invoke the aid of a Chancellor to mediate a business dispute between parties. By advocating this innovative dispute resolution option, the Essay embraces a new dimension of the American judicial role that allows American businesses to more efficiently solve complicated business controversies. The mediation-only device was conceived in 2001 by members of the Delaware judiciary, including Vice Chancellor Strine, in consultation with members of the Delaware Bar and the Administration of Delaware Governor Ruth Ann Minner. After this Essay was widely circulated to certain constituencies and presented at a symposium sponsored by the Duke Law Journal and the Institute for Law and Economic Policy (ILEP), legislation that contained the mediation-only device was drafted. In June 2003, with the full support of the Court of Chancery, Delaware Governor Minner secured passage of the legislation from Delaware\u27s General Assembly. The mediation-only device was enacted into law as 346 and 347 of Title 10 of the Delaware Code. To the Editors\u27 knowledge, this legislation is the first of its kind adopted in the United States

The Role of Repentance in the Book of Ezekiel: A Second Chance for the Second Generation

It has become common to describe the book of Ezekiel as radically theocentric. Whilst this is a helpful concept, in the case of human repentance some scholars have taken it to the extreme, lapsing into total theocentricity and excluding the role that the book of Ezekiel gives to human agents. An integrated reading of Ezekiel 14, 18, 33, and 20 along with the ‘new heart and new soul’ texts (Ezek. 11:14–21; 18:30–2; 36:23b–38) that is attentive to allusions to the Exodus tradition and the centrality of the land demonstrates that human repentance plays an integral role in marking out YHWH’s future community. This future community is explicitly correlated with the second generation of the Exodus, another community that passed through divine judgement in the wilderness so that they could inhabit the land promised by YHWH. Ezekiel’s second exodus is entirely motivated by YHWH’s reputation and instigated solely by divine choice; but Ezekiel envisages the accomplishment of this purpose through the process of human repentance. Human agency, exercised to demonstrate faith in YHWH despite various trials, is the means through which the purpose of glorifying YHWH is achieved

Embracing asylum seekers and refugees: Jeremiah 29 as foundation for a Christian theology of migration and integration.

This article argues that Jer. 29 offers three principles for a constructive theological approach to migration and integration in which both hosts and migrants have obligations to embrace others across enduring lines of difference. This view supports and extends earlier work by Luke Bretherton. In sum, it contends that Jer. 29 and its reception in Christian thought outlines an obligation for Christians to advocate for and actively support strategies that enable migrants to live in integrated social contexts where positive engagement across enduring lines of difference can replace a climate likely to produce neo-national movements and exclusionary migration policies with one that has the potential to foster cohesion, wellbeing, and mutual flourishing

Is »exile« enough? Jeremiah, Ezekiel, and the need for a taxonomy of involuntary migration

The prophetic books of Jeremiah and Ezekiel exhibit many similarities. From their historical setting around the final days before Jerusalem's destruction and the deportation of its elite to Babylonia, to a large shared theological vocabulary, to a number of shared image-rich metaphors, these books have long invited scholars to explore their likenesses. And yet, the two books diverge sharply in their tone, their advice for how to live in Babylonia, and their vision for the future of YHWH's people. This article argues the divergence follows from distinctly different experiences of involuntary migration which these texts depict and to which, therefore, they respond

Taming Unsustainable Finance : The Perils Of Modern Risk Management

A traditional response to information asymmetries in financial markets has been to require disclosure and heightened transparency in investment chains. We argue in this chapter that the trust placed in such regulatory techniques will fail to deliver sustainable investment for two reasons. The first is the structure of equity markets, which are focused on shareholder returns and excessive turnover of portfolios, preventing meaningful engagement with companies. The second is that both investors and intermediaries make a category error in placing trust in modern risk management to quantify the financial risks from climate change and other environmental changes. Our analysis leads us logically to three micro- and macroprudential policy prescriptions, namely: increasing the capital requirements on assets with so-called ‘brown’ credentials; reforming bank stress tests to reflect the uncertain financial implications of environmental damage; and pivoting central bank bond buying programmes toward green financial assets.Peer reviewe

Effects of Stereotype Threat on Black and White Individuals’ Verbal Responses in Police Encounters

I examined whether Black and White individuals have different verbal behaviors in police encounters and, if so, whether stereotype threat explains these differences. This question is important because police officers use certain verbal behaviors as evidence of deception. Thus, unconscious behaviors arising from concern about being stereotyped as a criminal could cause Black men to be perceived by police as suspicious and, in turn, contribute to discrepancies in police treatment of Black versus White men. In this study, Black and White men interacted with a White security officer in a staged encounter that varied in stereotype relevance (low or high). The participants (n=72) also completed a measure of stereotype threat. Participants’ verbal responses were videorecorded, transcribed, and coded for words that reflected spatial and perceptual information, analytical thinking, affiliation, tone, authenticity, and cognitive processes. Black men reported experiencing more stereotype threat in the interaction than did White men, and stereotype threat increased as the relevance of the criminal stereotype went from low to high. Although neither race nor stereotype relevance influenced spatial or perceptual information, Black men used fewer authentic words than did White men. Also, all participants used more analytical thinking and affiliation words and more negative tone when stereotype relevance was high as compared to low. Use of words indicating cognitive processes decreased as stereotype relevance increased, and this effect was partially mediated by stereotype threat. These findings imply that race and stereotype relevance are related to verbal behaviors that could lead police officers to be more likely to perceive Black than White men as guilty. This could impact how the officer interacts with Black men and contribute to the cycle of mistrust and tension between Black individuals and police

Toward Fair and Sustainable Capitalism: \u3ci\u3eA Comprehensive Proposal to Help American Workers, Restore Fair Gainsharing Between Employees and Shareholders, and Increase American Competitiveness by Reorienting Our Corporate Governance System Toward Sustainable Long-Term Growth and Encouraging Investments in America’s Future\u3c/i\u3e

To promote fair and sustainable capitalism and help business and labor work together to build an American economy that works for all, this paper presents a comprehensive proposal to reform the American corporate governance system by aligning the incentives of those who control large U.S. corporations with the interests of working Americans who must put their hard-earned savings in mutual funds in their 401(k) and 529 plans. The proposal would achieve this through a series of measured, coherent changes to current laws and regulations, including: requiring not just operating companies, but institutional investors, to give appropriate consideration to and make fair disclosure of their policies regarding EESG issues, emphasizing “Employees” and not just Environmental, Social, and Governance” factors; giving workers more leverage by requiring all societally-important companies to have board level committees charged with ensuring fair treatment of employees, authorizing companies to use European-style works’ councils to increase employee voice, and reforming labor laws to make it easier for workers to join a union and bargain for fair wages and working conditions; reforming the corporate election system so that voting occurs on a more rational, periodic, and thoughtful basis supportive of sustainable business practices and long-term investment; improving the tax system to encourage sustainable, long-term investment and discourage speculation, with the resulting proceeds being used to revitalize and green America’s infrastructure, tackle climate change, invest in American workers’ skills, transition workers from carbon-intensive industries to jobs in the clean energy sector; and taking other measures, such as reform of corporate political spending and forced arbitration, to level the playing field for workers, consumers, and ordinary investors

The impact of student leadership engagement on meaning in life and work during college

The rising need, cost, and debt for postsecondary education has increased attention and scrutiny on its value, and colleges and universities must underscore outcomes beyond employment of graduates. Psychological well-being is a promising area to expand the value of postsecondary education. Using correlations, multiple regression, and multivariate analysis of variance (MANOVA), this study seeks to contribute to an emergent body of empirical knowledge about the impact of postsecondary education on students’ well-being by specifically examining the relationship between participation in cocurricular and extracurricular experiences and students’ well-being defined by their sense of meaning in life and work. To this end, university administrators submitted students’ cocurricular and extracurricular experiences for an academic year at one large, four-year, primarily undergraduate and residential institution in the southeast. At the same institution, 1,426 students completed meaning in life and work measures at the end of the academic year – 1,151 had verified student leadership engagement; 275 did not. Broadly, results did not support the hypothesis that student leadership engagement relates to higher levels of meaning in life and work; though, results showed that the type of leadership role and engagement type had a nominal practical, but statistically significant, effect to differentiate between the average levels of meaning in life and work. Specifically, experiences that were project-based leadership roles or engagement types showed small, positive, statistically significant differences in some of their meaning in life and work outcomes. This result implies that postsecondary education institutions need to find ways to create meaningful project-based experiences for students in order to support the development of meaning in life and work while students are in college. Research must continue to examine how college experiences – curricular, cocurricular, and extracurricular – relate to and influence college success outcomes beyond salaries, debt, and first destinations after graduation (such as meaning in life and work)