Getting Common

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Encore: What's in a Name? Sep 14, 2022

Show notes

In the summer of 2021, the Trustees of Washington and Lee University voted to retain name of the institution. Throughout the previous year, many Confederate monuments were removed, and the names of other institutions throughout Virginia and the rest of the south were changed. In addition, an overwhelming majority of the faculty voted in support of a name change, and various groups of students circulated petitions and engaged in protest of the name. On this episode, my guests Rev. Robert W. Lee, IV (https://www.roblee4.com/), Ty Seidule (www.tyseidule.com), Professors Nneka Dennie and Brandon Hasbrouck, and Washington and Lee Law alum Adenike Miles-Sorinmade will discuss the efforts to change the name, the aftermath of the Trustee decision, and the meaning of naming and monuments. In a press release the University stated: Despite these vital contributions, the board acknowledged that the association with its namesakes can be painful to those who continue to experience racism. It repudiated racial injustice in any form and expressed regret for the University’s past veneration of the Confederacy and the fact that the university itself owned human beings and benefited from their forced labor and sale. It also reiterated its ongoing commitment to conducting rigorous and nuanced explorations of W&L’s history with humility and honesty. The board concluded that the university’s name recognizes the connections of its namesakes to the institution, but is also associated with an exceptional liberal arts and legal education and common experiences and values that are independent of the personal histories of the two men. It cited the university’s name and reputation as a source of strength and resources that it may build and draw upon to advance its mission and support the students, staff, programs and facilities to meet its strategic goals.

The Law of Cryptocurrency and NFTs Sep 07, 2022

Show notes

Many believe that investing in cryptocurrency is a guaranteed road to wealth, and we hear about the NFTs that make people millions. But, what does the law have to say about it? Is the trading in a regulated market? Is it treated like securities, currency, or commodities under the law? What happens when a token is lost or an NFT is stolen? On this episode, Professor Carla Reyes will highlight the basics of the law behind cryptocurrency and NFTs.

Why Black Teachers Matter Aug 31, 2022

Show notes

There is a lot of data on how race and income impact educational performance, and about how teacher identity and quality influences those gaps. For Black students, having just one Black teacher in early education lowers the high school dropout rate by 50%, and having two Black teachers lowers the rate by 75%. Yet, only 7% of teachers identify as Black--but the percentage of Black students is double that. Also, notably, many Black students report never having a Black teacher. In this episode Professor Constance Lindsay, Assistant Professor at the University of North Carolina School of Education and author of Teacher Diversity and Student Success: Why Racial Representation Matters in the Classroom joins the show to discuss these statistics and the policy proposals made in the book.

Race, Racism, and Corporate Law Aug 24, 2022

Show notes

Business law was foundational to facilitating chattel slavery of African individuals, starting at the Portuguese port of Lagos. Consequently, the Transatlantic Slave Trade revolutionized business law. Yet, few business law scholars address the historic significance, or the present-day legacy of Black captivity embedded into contemporary business law and practice. This episode examines racism as an organizing function of business law by exploring capital formation, risk of loss, and corporate governance, among other business law topics, as integral to the creation and maintenance of the Transatlantic Slave Trade. We also discuss how racist foundations of business law contribute to the persistent economic exclusion of Black entrepreneurs in contemporary business sectors, exploitation of racial movements for private profits, and the site of Black-owned businesses as places of white rage and terror. Using a critical lens which understands the role of law in perpetuating subordination, we will also share reflections on how business law scholars can use this information to advance racial and economic justice.

Not so Golden Handcuffs: The Problem with Stock Options Aug 17, 2022

Show notes

Stock options are considered a perk of working for corporations, especially startups that achieve unicorn status. Employees often take lower compensation in the short term for the potential of one day receiving shares in the next Google or Amazon. But, often, it is difficult for employees to assess the true value of these stock options, and the shareholders' rights plans signed by employees typically require them to waive inspection rights as a condition of receiving the compensation. In this episode, Anat Alon-Beck and John Livingstone will join us to discuss Professor Alon-Beck's groundbreaking article, Bargaining Inequality: Employee Golden Handcuffs and Asymmetric Information, which is forthcoming in the Maryland Law Review (https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4037705&download=yes).

The Status of Abortion Rights in Michigan Aug 10, 2022

Show notes

The Dobbs decision has combined with a pre-Roe abortion ban and dueling court orders to cause chaos about the right to choose in the state of Michigan. Because many surrounding states have complete or partial abortion bans, the confusion has created a ripple effect. Some pregnant persons crossed state lines to receive care in Michigan only to be turned away, then later told they could receive care. Others simply believe that they cannot receive abortion care in Michigan. On this episode, Senator Adam Hollier, who represents Wayne County (including Detroit, Grosse Pointe, Hamtramck, Harper Woods, Highland Park) will join us to discuss abortion access in Michigan and what can be done to protect reproductive rights.

Encore Appreciation or Appropriation: Black Culture as Popular Culture Aug 03, 2022

Show notes

Many viral Tik Tok dance trends, the most popular memes, and viral tweets have Black creators--but often that is not who profits. Outside of social media, many Black cultural trends are co-opted and transformed without acknowledgment of the original source. At what point does an appreciation for a culture turn into appropriation? Dr. Tressie McMillan Cottom, associate professor at the University of North Carolina-Chapel Hill, author of THICK: And Other Essays, and 2020 MacArthur Fellow, and Professor Shontavia Johnson, Clemson University’s associate vice president for entrepreneurship and innovation, will discuss the legacy and sociology of cultural appropriation and what modern creators can do to protect their rights.

Encore What’s Behind the Disparities in Black Women’s Health? Jul 27, 2022

Show notes

Black women have infant and maternal mortality rates that are exponentially worse than women of other races, and are more likely to suffer from diseases such as diabetes, heart disease, and cancer. Studies have proven that when Black women engage with the health care system their complaints are disregarded and their pain is ignored, resulting in adverse outcomes. Are there other causes? Are there viable solutions? On this episode, Dr. Richard Jones, Board-Certified Obstetrician Gynecologist, will join the show to discuss the gendered racism in the health care system.

The Future of Marriage Equality Jul 20, 2022

Show notes

Dobbs has brought all rights based on Roe, including marriage equality, into question. In this episode, Dr. Marie-Amélie George, Associate Professor of Law at Wake Forest University will discuss her forthcoming book, Becoming Equal: American Law and the Rise of the Gay Family, LGBTQ+ rights found in Lawrence v. Texas and Obergerfell, and the impact that the Dobbs decision could have on marriage equality.

Decoding the Corporate Law Alphabet Soup: M&A and SPACs Jul 13, 2022

Show notes

Elon Musk and Twitter, WeWork, and Donald Trump have all brought some complex corporate law to the news, including mergers and acquisitions, known as M&A, and Special Purpose Acquisition Companies known as SPACs. In this episode corporate law experts Will Moon, Associate Professor of Law at the University of Maryland, and Andrew Jennings, Assistant Professor at Brooklyn Law School will help to decode these terms while providing commentary on current events.

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