CFP: Feminist Judgments: Rewritten Corporate Law

Feminist Judgments

The U.S. Feminist Judgments Project seeks contributors of rewritten judicial opinions and private contracts, and commentaries on rewritten opinions and contracts, for an edited collection tentatively titled Feminist Judgments: Rewritten Corporate Law. This edited volume is part of a collaboration among law professors and others to rewrite, from a feminist perspective, key judicial decisions in the United States.

More information about the project can be found at https://law.unlv.edu/us-feminist-judgments.

To submit a proposal for rewriting an opinion or contract or providing commentary, please e-mail the following information to the volume co-editors, Anne Choike, anne.choike@wayne.edu, Usha R. Rodrigues, rodrig@uga.edu, and Kelli Alces Williams, kalces@law.fsu.edu by Friday, November 1, 2019:

  1. Your CV, your areas of corporate law interest or expertise, and why you are interested in and well suited to participate in this project. The Feminist Judgments Project and the Corporate Law volume editors are committed to including authors from diverse backgrounds. If you feel an aspect of your personal identity is important to your participation, please feel free to include that in your expression of interest.
  2. Your top two or three preferences of cases or contracts to write about from the list below. Alternatively, if you have another case or contract that you feel strongly should be included instead of one of the selected cases or contracts and that you would like to write about, provide a summary of the case or contract (no more than 250 words), a copy of the full text of the case or contract, and a brief summary (no more than 250 words) of the reasons that you think it should be included. Contributors who wish to co- author a rewritten opinion, rewritten contract or commentary, or work together on a rewritten opinion or contract and the commentary thereupon, are welcome to indicate that in the application.
  3. Your preference for contributing a rewritten opinion or contract, or a commentary.
  4. Any time constraints and other obligations that may impact your ability to meet the submission deadlines.
  5. Your willingness and ability to attend the tentatively planned gathering at the Law & Society Annual Meeting in Denver, Colorado in May 2020. Selection of contributors does not depend on their ability or willingness to attend this gathering.

This list of cases and contracts that the editors have selected for consideration to be included in
the volume Feminist Judgments: Rewritten Corporate Law, is as follows:

Legal Personality, Identity, and Limited Liability of Corporate Entities

  1. Citizens United (rights of corporate “persons” and nature of corporate personality)
  2. Walkovszky v. Carlton (limited liability/veil piercing)

Role and Purpose of the Corporation and Corporate Combinations in Society

  1. Dodge v. Ford (shareholder primacy)
  2. Merriam v. Demoulas Super Mkts. (stakeholder responsibility in family-owned business)
  3. Revlon, Inc. v. MacAndrews & Forbes Holdings, Inc. (directors’ duty to maximize share price in corporate takeover)

Fiduciary Duties in Corporate Governance

  1. Meinhard v. Salmon (duty of loyalty)
  2. Smith v. Van Gorkom (duty of care and business judgment rule)
  3. Francis v. United Jersey Bank (duty of care to understand business)
  4. In re Walt Disney Derivative Litigation (duty of care regarding executive compensation)
  5. Harvey Weinstein Employment Agreement (duty of care to monitor compliance)

Closely Held Businesses and Other Considerations Regarding the Composition of Boards,
Management, and Owners

  1. Ringling Bros.–Barnum & Bailey Combined Shows, Inc. v. Ringling (dispute over board seats)
  2. Beam ex rel. Martha Stewart Living Omnimedia, Inc. v. Stewart (legitimacy of board
    member personal relationships)
  3. Donohue v. Rodd Electrotype (close corporations and minority shareholder oppression)
    Protecting Vulnerable Investors and Potential Investors in Corporations
  4. Jordan v. Duff & Phelps (duty to disclose material information)
  5. SEC v. Howey (definition of investment contract)
  6. US v. Chestman (culpability for insider trading based on personal relationships)