This chapter considers the institutional implications of the multi-factoral model in national law. Given its involving an ineliminable need for judgment, this chapter argues for an approach to law reform that focuses on enhancing the quality of decision-making within the corporation surrounding its fundamental rights obligations. Doing so, I argue requires focusing much attention on reforms to corporate law that can help ‘constitutionalise’ fundamental rights within the basic legal structure of the corporation itself. I propose a series of law reforms that include expanding the diversity of the directors; developing a new fiduciary duty specifically relating to fundamental rights; enhancing disclosure requirements; developing a new enforcement action allowing directors to be sued in their personal capacity for rights violations; creating regulatory fines and financial penalties for rights violations; implementing an enhanced framework for shareholder obligations; rejecting the business judgment rule where fundamental rights are involved; and the utilisation of dialogical remedies by courts.

In this chapter, we examine the reasons behind capital markets’ contribution to an unsustainable future, considering the distinction between market inefficiencies and market failures, and suggest five steps for policymakers and regulators to consider: (i) Establish and strengthen international and national frameworks for sustainable finance, (ii) Ensure a greater share of all public sector financial flows are sustainable, (iii) Shift private sector financial flows by adjusting pricing and other incentives, (iv) Improve market information to make the sustainability risks and rewards of financial assets clearer and (v) Educate people about the connection between their personal finances and sustainability.

This chapter considers when the government’s speech deprives its targets of life, liberty, or property in violation of the Due Process Clause. It starts with a brief tour of the government’s lies and other falsehoods, illustrating their wide array of audiences, topics, motives, and effects. It then examines the government’s speech that interferes with its listeners’ choices in ways that would violate the Due Process Clause if the government accomplished those same changes through its lawmaking or other regulatory action: examples include law enforcement officers’ lies that coerce their targets’ waiver of constitutional liberties and the government’s lies that deny their targets the ability to exercise reproductive or voting rights. Next, it turns to the expressive harms sometimes inflicted by the government’s speech, investigating whether the government’s speech that shames or humiliates its targets offends due process protections. Finally, it turns fromt the effects of the government's speech to its purposes, exploring whether the Clause limits the government’s speech motivated by its intent to interfere with protected liberties or to inflict injury.

This chapter considers when the government’s speech about others’ speech violates the First Amendment’s Free Speech or Free Press Clauses. It starts by exploring how the government’s speech can change, deter, or punish its targets’ speech: think of the government’s threats, disclosures, and designations that silence its targets’ speech, or its expressive attacks that incite or encourage third parties to punish its targets for their speech. It then examines the expressive harms inflicted by the government’s speech that disparages disfavored speakers, and whether that speech infringes Free Speech or Free Press Clause protections apart from any adverse effect on its targets’ choices and opportunities. Finally, turning from the consequences of the government’s speech about speech to its motives, it considers whether the Constitution prohibits the government’s expressive choices motivated by its intent to silence or punish speech to which it objects or its intent to interfere with the press's constitutionally protected functions. To illuminate the three approaches’ various strengths and limitations, the chapter closes by applying them to a range of problems both real and hypothetical.