Following the publication of a U.S. News and World Report article about ICN’s CEO, Panic, entitled “Sex and the CEO” detailing the pharmaceutical company’s expansive cover-up of workplace sexual harassment, a shareholder, White, filed suit against Panic for breaching his fiduciary duty by using corporate funds to resolve sexual harassment claims. The feminist rewrite finds that Panic and ICN’s board failed to exercise valid business judgment and did breach their fiduciary duty. The lack of diversity on ICN’s all-male boardroom is noted as a factor that led to the acceptance of Panic’s workplace sexual harassment and the allowance of corporate funds to actively conceal it. The examination refuses to sanitize the legal analysis to only rules and processes and instead chooses to analyze the case for its full revealing facts. The rewritten opinion views ICN’s board’s repeated decision to use corporate funds to settle sexual harassment cases as a proof of the fact that the board did in fact have actual knowledge of the persistent sexual harassment of its employees by Panic. Using precedent available at the time of White v. Panic, the feminist rewrite is able to come to the conclusion, which has become more common twenty years later in the post-#MeToo world.

The selections in this chapter discuss the management of the realm and the importance of specific royal practices. Ensuring the prosperity of the rural and urban populations, the productivity of the land, the proper maintenance of the army and sound financial management feature prominently among the king’s responsibilities. Many mirrors emphasise the necessity of constant royal oversight, particularly of the officials involved in the collection of taxes. Strict and consistent oversight, accompanied by swift dismissal when cases of abuse came to light, were the only measures that would protect the revenue-producing categories on whose labour the entire edifice of government depended. In cases of injustice, it was the ruler’s obligation to provide a means of redress, through the practice of listening to the petitions of his subjects and restoring to them any property that had been wrongfully seized. In many instances, the practices of good governance urged upon the wise and virtuous ruler reflect the principle of maṣlaḥa, the common good. The texts are drawn from al-Māwardī, Tashīl al-naẓar wa-taʿjīl al-ẓafar; Niẓām al-Mulk, Siyar al-mulūk; and al-Ṭurṭūshī, Sirāj al-mulūk.

Mrs. Pritchard became the director of a family-owned reinsurance firm, Pritchard & Baird Intermediaries Corp (P & B), following the death of her husband. Mrs. Pritchard’s two sons were executives of the company, which eventually went bankrupt. The plaintiff, trustee of the P & B’s bankruptcy estate, filed this suit against the deceased Mrs. Pritchard’s estate claiming she was negligently liable as director for the over $10 million her sons improperly removed from the firm. The feminist rewrite agrees with the original opinion that Mrs. Pritchard was negligent in her role of corporate oversight, but it deviates by arguing Mrs. Pritchard was not negligent for failure to notice the financial issues because she should not have been expected to understand the intricacies of the business of which she served mostly as the figurehead and emotional glue. The rewritten opinion points out the implicit bias built within the New Jersey directors’ duty statute, which refers to “prudent men.” The commentary argues Mrs. Pritchard chose not to extend great care because she was not compensated or given much actual power within P & B. The commentary also critiques the rewritten opinion’s dismissiveness of Mrs. Pritchard’s corporate knowhow as not feminist enough.

This chapters introduces some basic concepts around the theoretical and historical aspects of carbon trading, exploring key governance aspects and the challenges of carbon markets.

This chapter considers the practical and legislative challenges of and requirements for achieving an effective crypto-legal structure for DLT in the carbon trading economy. It also explores the roles of different stakeholders in this transitioning process to achieve an efficient carbon economy.

In order for kingship to be legitimate, it had to be recognised. Only tyrants and usurpers would claim a royal title. Righteous rulers had their dignity thrust upon them. Yet a process of recognition also carried risks: the ability to award or confirm a royal title carried with it a responsibility to ensure that only those suitable of so elevated a dignity received it. Confirming tyrants cast into doubt one’s own legitimacy. Failing to come to the defence of a ruler one had recognised signalled that one lacked judgment, power or authority. Building on biblical, classical and patristic models, awarding royal titles meant that one was responsible for the conduct of the king. Yet that created a tension, given that kings were supposed to be beholden to nobody but God – one could not be a king unless one held power greater than that of a mere prince, but if one allowed others to intervene in the affairs of one's own realm, that power was called into question. Chapter 4 explores how high medieval observers engaged with these issues. It does so in relation to recognition both external (from popes, emperors or neighbours) and internal (from subjects and erstwhile peers).

The essentially open-textured quality of political discourse that an equivocal (equi-vocal) norm suggests does not simply allow for many voices to be heard – it mandates it.Likewise, governance benefits from the pragmatism inherent in a norm that eschews absolutes and formulaic solutions in favor of bespoke designs, tailormade for environmental problems that vary in character by location and time.The forces of globalization make legislative oversight of administrative action difficult, if not impossible, by multiplying accountability challenges across multiple governance levels and processes.Using existing administrative competencies, a deliberative model of transnational democratic accountability can build on the functions that intergovernmental organizations already perform tolerably well without relying on new legislative inputs or continuous monitoring by elected officials.Two features of democratic deliberation – its tendency to reduce moral disputes and to promote consensus – can reduce the costs of organization maintenance in stakeholder communities that offer non-legislative alternatives for administrative oversight.The EU is a pioneer of transnational democratic oversight and administrative accountability, and its incremental and trial and error innovations, as inadequate as they still are, offer lessons for the problem of accountability in the absence of effective legislative authority.

This chapter first considers the existing academic evidence that private equity-backed companies outperform their peers and then looks at standard explanations for this outperformance.It is argued that existing explanations are inadequate.

This chapter discusses the EU’s payment and post-trading (i.e. securities clearing and settlement) systems. Over the past decade, the volume and value of transactions that are processed via these systems have grown tremendously. Stable and efficient payment and post-trading systems have become very important for the operation of financial markets and the economy in general. For a long time, these infrastructures were fragmented along national lines and were exposed to limited competition. But integration is continuing in the context of the single currency, the Single Euro Payments Area and technological innovations. The chapter starts by examining the different elements of (retail and wholesale) payment and post-trading systems. The second part of the chapter gives an overview of the economic features of the payment and securities market infrastructures. The third part of the chapter describes the current situation in the payment and post-trading industry and recent initiatives to promote further integration, and addresses weaknesses exposed by the financial crisis.

Laura Pitter describes the institutionalization of practices and procedures that have virtually stymied national security litigation in US courts. She surveys the evolution of habeas litigation, the deterioration of principles underlying attorney-client privilege, the overaggressive claims based on the states secrets doctrine, and the overclassification of material relevant to these cases. Ultimately, she questions the relationship between these policies and security itself.

We provide an overview of the concept of the “policyscape,” a dense network of policies that structure the current political order, and then assess its relationship with four aspects of American institutional behavior: the creation of new policies; the maintenance of existing policies and programs; policy “thickening” that may lead to additional gridlock and dysfunction during what is an already laborious lawmaking process; and the monitoring of the current policyscape through executive oversight in Congress. We address, among other questions, why new and broad-reaching policy reforms have been scarce in recent years; why Congress has failed to update extant policies in accordance with social, economic, political, and technological developments; and how partisan polarization has affected Congress’ ability to oversee policy implementation and hold the executive branch accountable for administrative failures.

We provide an overview of the concept of the “policyscape,” a dense network of policies that structure the current political order, and then assess its relationship with four aspects of American institutional behavior: the creation of new policies; the maintenance of existing policies and programs; policy “thickening” that may lead to additional gridlock and dysfunction during what is an already laborious lawmaking process; and the monitoring of the current policyscape through executive oversight in Congress. We address, among other questions, why new and broad-reaching policy reforms have been scarce in recent years; why Congress has failed to update extant policies in accordance with social, economic, political, and technological developments; and how partisan polarization has affected Congress’ ability to oversee policy implementation and hold the executive branch accountable for administrative failures.