New Jersey Chamber of Commerce’s Post

It's always a joy to catch up with Brent Williams-Ruth, one of our distinguished alums and one of my key advisors, who has accomplished so much not just in his own law practice but also for our profession, state, and region -- in so many important leadership and service roles. He is a shining role model and example of how Seattle University School of Law alumni are #LeadersServingJustice.

Welcome to Black History Month✊🏾 On the topic of Race & Social Inequity, you might find this interesting: Caleb Mason – a former federal prosecutor out of Los Angeles with extensive state and federal litigation experience, a regular television contributor, and author of numerous scholarly articles and commentary – shares an essay with us that you might find interesting. You all know the 2004 song “99 Problems”, by Jay-Z. Here’s the YouTube video to refresh your memory: https://lnkd.in/eg8PJ-km Caleb does a line-by-line analysis of the second verse of the song, from the perspective of a criminal procedure professor. It’s an interesting view into what pop culture gets right about criminal justice, and what it gets wrong. I’ll link you to the article on SSRN, it’s free. Just tap in to view the PDF version of the essay: https://lnkd.in/eWREbefe Here’s an excerpt of the essay. On Lines 17–22 of the song, Jay-Z says 🎶 And I know my rights, so you go’n need a warrant for that 🎶 Caleb's analysis says: "If this Essay serves no other purpose, I hope it serves to debunk, for any readers who persist in believing it, the myth that locking your trunk will keep the cops from searching it. Based on the number of my students who arrived at law school believing that if you lock your trunk and glove compartment, the police will need a warrant to search them, I surmise that it’s even more widespread among the lay public. But it’s completely, 100% wrong." -- He delves into every line of the verse just like that, with citations and footnotes. Nicely done. Tap into to check out the full essay. And here's Caleb's LinkedIn: https://lnkd.in/eeimqyxQ #BHM2024 #blackhistorymonth #jayz #RickRubin #99Problems #CalebMason #SSRN

In an era of escalating distrust, stakeholders are exhorting corporations to actively engage with issues traditionally considered part of the public sphere. Increasingly, corporations are taking stances on complex and polarizing societal issues beyond their historical operational scope. This trend, known as "corporate activism," is not transient. I was honoured to investigate this phenomenon as part of my Executive PhD Dauphine - PSL presented at the British Academy of Management Conference 2024 in the United Kingdom. Leveraging their capabilities and resources, corporations possess a powerful megaphone to amplify their voices and advocate against injustices and inequities that adversely affect societal well-being. When corporations openly support a controversial issue, they increase its visibility in the public sphere, leading to greater awareness and understanding of its importance. This heightened visibility fosters opportunities for meaningful dialogue and informed discussions, ultimately influencing decision-makers on potential pathways for sustainable change. In business, can we trust? There is a new chapter to write! Thank you, Isabelle Bouty and Adrien Laurent, for your support. #ESG #CSR #Corporateactivism

ORIGINALISM AFTER DOBBS, BRUEN, AND KENNEDY: THE ROLE OF HISTORY AND TRADITION - PDF: https://lnkd.in/gM2F_i2g In three recent cases, the constitutional concepts of history and tradition have played important roles in the reasoning of the Supreme Court. Dobbs v. Jackson Women’s Health Organization relied on history and tradition to overrule Roe v. Wade. New York State Rifle & Pistol Ass’n v. Bruen articulated a history and tradition test for the validity of laws regulating the right to bear arms recognized by the Second Amendment. Kennedy v. Bremerton School District looked to history and tradition in formulating the test for the consistency of state action with the #EstablishmentClause. These cases raise important questions about the Court’s approach to constitutional interpretation and construction. Do Dobbs, Bruen, and Kennedy represent a new theory of constitutional interpretation and construction based on history and tradition? In the alternative, should the references to history and tradition in these opinions be understood through the lens of Constitutional Pluralism as modalities of constitutional argument? Finally, can the use of history and tradition in Dobbs, Bruen, and Kennedy be reconciled with the Supreme Court’s embrace of #PublicMeaningOriginalism? Part I of this Article elucidates the constitutional concepts of history and tradition. Part II lays out four distinct roles that history and tradition can play: (1) as evidence of original meaning and purpose, (2) as modalities of constitutional argument within a constitutional pluralist framework, (3) as a novel constitutional theory, which we call “Historical Traditionalism,” and (4) as an implementing doctrine. Part III investigates the roles of history and tradition in #Dobbs, #Bruen, and #Kennedy. Part IV articulates a comprehensive strategy for the incorporation of #historyandtradition in #constitution #jurisprudence. 

Outstanding new Center for Democracy named after former Berkeley Law Dean Christopher Edley and to be run by my former Advisor Daniel Farber and Jonathan Gould. “For many, what used to be the domain of exaggeration and paranoia now feels all too real. From gerrymandering to voting restrictions to money’s growing influence in electoral politics, America’s very foundation — democracy and the rule of law — seems increasingly fragile. Recognizing this broad concern, Berkeley Law’s newest research center aims to expand knowledge of underlying causes and train students to become effective guardians of our political system. The Edley Center on Law & Democracy, named after former dean Christopher Edley Jr., also wants to hit the ground running. “There is a justifiable widespread sense that American democracy is in serious trouble,” says Dean Erwin Chemerinsky. “We, as a leading law school with a strong public mission, must be part of helping to find solutions.” Chemerinsky announced the center’s creation Aug. 27 at a packed memorial service for Edley — his classmate at Harvard Law, Berkeley Law’s dean from 2004 to 2013, and a fierce advocate for strengthening governmental effectiveness and democratic institutions — who died in May. He noted that students will be heavily involved in the center’s research, programs, and advocacy. Professors and constitutional law experts Daniel Farber and Jonathan S. Gould will serve as faculty co-directors of the center, and help lead its search for an executive director. Farber’s most recent book, Contested Ground: How to Understand the Limits on Presidential Power, targets one key area of concern: executive branch overreach. “We’re looking for leverage points, issues that haven’t gotten the deep analysis and focused advocacy we can offer,” he says. “One initial focus will be efforts to politicize the entire executive branch and make it a tool for authoritarian government.” The Pew Research Center has tracked public trust in government for more than six decades. The current figure of 20% is a far cry from the high-water mark of 77% in 1964, and a September 2023 poll showed that just 4% believe the American political system “works well.” “We look forward to engaging the community in the work of the center,” says Gould, whose research centers on the intersection of politics and public law. “We have already hired three student research assistants and assembled a terrific faculty advisory committee, and we’re working to build relationships with lawyers and leaders outside of Berkeley as well.” With claims of a rigged process fueling violence after the last presidential election and a number of states subsequently making it harder to vote, concerns leading up to this year’s election are rising. Meanwhile, Farber and Gould point to growing income inequality, online misinformation, apathy, and authoritarian regimes across the world as cautionary tales for the United States…”

University of Kentucky J. David Rosenberg College of Law Prof. Tiffany D. Atkins has an eye-opening new article on the international and domestic responses to media-fueled violence, especially as it relates to Black Americans. It's coming out in the University of Louisville Law Review. Take a look! #UKLawProfResearch

I predict that this draconian legal maneuver will not hold for long. Why? It’s untenable for a university system to attract the best and brightest to campuses that do not reflect the reality of the students lives they have experienced until higher education. A DEI office can only shut down if the leadership is not bold enough to stand against tyranny. You can remove a DEI statement without closing the office. You can change the office name to continue the work. You can fight against the erroneous perception that entrance exams are the best way to identify talent and question notions about meritocracy. You are an institution of knowledge. Were these campus leaders ever serious about DEI? “Among 5 specific questions on compliance, university spokespeople are expected to explain, "How has your institution ensured that there are no DEI offices or officers on campus, or no individuals or organizations performing the duties of a DEI office or officer?" #antiaffirmativeaction #dei #conservatives #history #excelence #meritocracy

Symposium on “Autocracy In America: A Warning And A Response” was recently held at NYU Law School. It was nine hours of fascinating bi-partisan panels which address the current situation – political and legal and how to take action now and in the future. https://lnkd.in/dHvswzKT I specifically suggest viewing these short segments. ·     At 4 hours, 59 minutes (includes Bob Kegan). ·     At 5 hours, 4 minutes (includes Jennifer Rubin).   ·     At 5 hours, 12 minutes to 5:30. ·     At 6 hrs, 46 minutes to 6 hrs, 59 minutes One important thing that I learned: In 2021, the U.S. was added to a list of global backsliding democracies. It is the only Western nation with an advanced economy that is on that list. Jan 6 led to that designation, though backsliding was noted as going back to 2019. The U.S. has remained on that list.

We are thrilled to share that Jackson Lewis has achieved the #14 spot on The American Lawyer’s Diversity Scorecard, marking an impressive rise of 12 places from last year's ranking. This Scorecard evaluates law firms based on their diversity metrics, including the representation of minority attorneys across the firm, including partner and leadership roles. Read more: https://lnkd.in/gUw3Nyr9 #EmploymentLaw #JLinclusion #DEI

In a newly published paper in Political Research Quarterly, the Center for Effective Lawmaking co-directors Craig Volden of the University of Virginia Frank Batten School of Leadership and Public Policy and Alan Wiseman of the Department of Political Science at Vanderbilt University, and Andrew Clarke of Lafayette College examine how joining a party faction can impact a lawmaker’s effectiveness in #Congress: https://lnkd.in/e-SYmujR...