Voir Dire
Fall 2012 |
The Long-Awaited Nationwide Mortgage Settlement: Only a Small Step Forward in the Struggle for Accountability in the Financial Crisis Julia Mas-Guindal After sixteen months of negotiation, state attorneys general and the federal government have reached agreement on a record joint state-federal settlement with the country’s five largest lenders—Ally Financial (formerly GMAC), Bank of America, Citigroup, J.P. Morgan Chase, and Wells Fargo—over improper foreclosure practices. The nationwide accord seeks to address banks’ misconduct that took place after the burst of the housing bubble. Some of the largest lenders in the country that process foreclosures issued improper mortgages, violated homeowners’ rights and protections, and used false affidavits. Bank employees did not properly verify documents; they signed papers they had not read or forged signatures to expedite foreclosing on homeowners, also known as “robo-signing” documents. Announced in February, the deal consists of $25 billion in relief to distressed borrowers as well as direct payments to states and the federal government. While this is the largest multistate settlement since the Tobacco Settlement in 1998 and the largest consumer financial protection arrangement in U.S. history, one question remains: is this settlement a comprehensive solution to the current foreclosure crisis? Read Essay | Download as PDF |
Spring 2012 |
Sustainable Capitalism: Revelations from the Japanese Model Joel Slawotsky This Essay utilizes the Japanese governance model as it provides a useful comparative illustration. Unlike the United States, the Japanese model engages in a stakeholder value system wherein the interest of shareholder profits lies at the bottom. As will be seen below, while the United States has its share of corporate scandal, such corporate abuse is not solely relegated to the United States but exists in Japan as well. Moreover, notwithstanding claims that a shareholder model results in income inequality, according to the Organisation for Economic Co-operation and Development, while the United States has the fifth highest household disposable income gap, Japan is close behind in sixth place. In addition, despite the global economic slowdown and market volatility, the U.S. stock indexes are just slightly below record highs, while in contrast, Japan’s major index is down about 80% since peaking in 1989. Finally, a review of macroeconomic statistics reveals that in contrast to an ever growing—albeit at a slow pace—U.S. economy, Japan’s economy has been shrinking, and its overall economic standing has slipped. Read Essay | Download as PDF |
Winter 2012 |
Right-Sizing Bar Association Governance Daniel R. Suhr This Essay evaluates bar association governance nationally in light of best practices for corporate and nonprofit governance. Governance experts agree that boards should be small. These scholarly recommendations are confirmed by the experiences of many large nonprofit organizations and for-profit corporations. They are shared by several publications from different sections and committees of the ABA and American Law Institute. Yet these recommendations remain unimplemented in the vast majority of bar associations. This Essay contends that California should pursue a smaller governing board, and other bar associations, particularly those with significant staff and budgets, should undertake similar self-studies. Read Essay | Download as PDF |
Fall 2011
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Excluding Unemployed Workers from Job Opportunities: Why Disparate Impact Protections Still Matter Helen Norton Despite our tough economic climate, many employers exclude currently unemployed workers from consideration for a wide variety of jobs. Not only does this practice seem cruel and unwise, but, as this Essay explains, under certain circumstances the practice may violate federal antidiscrimination law. Read Essay | Download as PDF The Supreme Court’s Open-Ended Protection Against Third-Party Retaliation Jessica K. Fink In Thompson v. North American Stainless, LP, the Supreme Court contradicted the federal appellate courts and unanimously held that Title VII prohibits employers from engaging in third-party retaliation. This Essay contends that because the Court failed to establish any meaningful boundaries for the scope of third-party retaliation doctrine, the doctrine’s benefits may not outweigh its potential costs. Read Essay | Download as PDF |
Now accepting submissions for Voir Dire!
To encourage greater dialogue on topics of interest, the Hastings Law Journal is now accepting submissions for Voir Dire. This online extension of the Journal will feature responses to our print articles. Submissions should be 3,000 words or fewer, lightly footnoted in comparison to traditional Articles, and citations should conform to the 19th Edition of the Bluebook.
Please send Voir Dire submissions in Microsoft Word format to hljvoirdire@hastingslawjournal.org. Responses will be posted on a rolling basis and will be permanently published on this site in PDF format.
