Should Courts Uphold Corporate Board Diversity Statutes?
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Title
Should Courts Uphold Corporate Board Diversity Statutes?
Should Courts Uphold Corporate Board Diversity Statutes?
Authors
Meland, Creighton R., Jr.
Meland, Creighton R., Jr.
Journal
Creighton Law Review
Creighton Law Review
Volume
53
Issue
1
Pages
15-76
Date
2019, December
53
Issue
1
Pages
15-76
Date
2019, December
Metadata
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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.