Should Courts Uphold Corporate Board Diversity Statutes?
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Authors
Meland, Creighton R., Jr.
Issue Date
2019
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
This Article proceeds in six sections: Section I describes the corporate board diversity statutes (both enacted and potential) and identifies the legal issues they create. Section II analyzes the validity of
these laws under the Fourteenth Amendment by discussing the standards applicable to race and sex. Sections III and IV analyze the validity of these laws under, respectively, the Dormant Commerce
Clause and the internal affairs doctrine. Section V identifies who may challenge these laws, including considerations of standing. Section VI evaluates the public policy consequences of corporate board diversity statutes. The statute critiqued is from California, which has recently enacted a corporate board diversity statute that creates sex-based quotas. This Article will also comment on the California legislative declarations and findings and will sometimes discuss related legislative
activity in other states.
Description
Citation
Publisher
Creighton University School of Law