Resolving Regulatory Threats to Tenure

Many lawmakers and public university governing boards are looking to curb faculty tenure. Driven by both ideological and economic motives, recent efforts range from eliminating tenure systems altogether to interfering when schools seek to tenure individual, often controversial scholars. These actions raise serious questions about higher education law and policy and have important implications for the future of academic freedom. Indeed, if they gain further traction, current regulatory threats to tenure will jeopardize the ability of American universities to remain at the forefront of global research and intellectual progress. This Article examines the growing anti-tenure sentiment among state officials and develops a framework for how members of academia should respond. In particular, this Article provides several novel legal strategies that public universities and their faculty can pursue to protect tenure from external interference. These strategies include replicating or defending tenure through alternative contractual means, as well as using privatization techniques to better preserve faculty autonomy. This Article also draws on collaborative governance theory to show how the quasi-legislative powers of private accreditors and similar groups can be applied to incentivize stakeholders on competing sides of the tenure debate to resolve their differences through cooperative decision-making

The Compliance Case for Social Enterprise

Social enterprises generate revenue to solve social, humanitarian, and ecological problems. Their products are not a means to the end of profits, but rather profits are a means to the end of their production. This dynamic presents many of the same corporate governance issues facing other forprofit firms, including legal compliance. The author contends, however, that traditional strategies for corporate compliance are incongruent to the social enterprise’s unique normative framework. Specifically, traditional compliance theory, with its prioritization of shareholder interests, stands at odds with the social enterprise’s mission-driven purpose. Attention to this distinction is essential for developing effective compliance and enforcement policies in the future. Indeed, arguably the greatest feature of the social enterprise is its potential to harness organizational characteristics that inspire the values and culture most closely linked with ethical behavior— without resort to more costly or intrusive measures

The Compliance Case for Social Enterprise

Social enterprises generate revenue to solve social, humanitarian, and ecological problems. Their products are not a means to the end of profits, but rather profits are a means to the end of their production. This dynamic presents many of the same corporate governance issues facing other forprofit firms, including legal compliance. The author contends, however, that traditional strategies for corporate compliance are incongruent to the social enterprise’s unique normative framework. Specifically, traditional compliance theory, with its prioritization of shareholder interests, stands at odds with the social enterprise’s mission-driven purpose. Attention to this distinction is essential for developing effective compliance and enforcement policies in the future. Indeed, arguably the greatest feature of the social enterprise is its potential to harness organizational characteristics that inspire the values and culture most closely linked with ethical behavior— without resort to more costly or intrusive measures

Solicitation, Extortion, and the FCPA

The article presents information on nature and frequency of bribe solicitation and extortion. It discusses the issues the firms of the U.S. are facing in maintaining agreement with the U.S. Foreign Corrupt Practices Act (FCPA). It states that FCPA bans firms from paying bribes to foreign officials in order to retain or obtain business. It also discusses the problems it imposes on market participants. It suggests federal regulators to provide improved regulatory guidelines to understand FCPA

Introduction to the Cambridge Handbook of Social Enterprise Law

In the Cambridge Handbook of Social Enterprise Law, Benjamin Means and Joseph W. Yockey bring together leading legal scholars and practitioners to offer an authoritative guide to social enterprise law and policy. The Introduction to the volume describes the project’s scope and provides summaries of each chapter