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4 May 2023, 9:05 pm
It is a common refrain, mostly on the political right, that considering environmental, social, and governance (“ESG”) factors when investing is probably illegal.[1] The basis for this argument derives from the fiduciary duty of loyalty and its corollary, the “sole interest” or “exclusive benefit” rule, enshrined in both federal and state law, which prohibits fiduciaries from investing for any purpose other than the financial well-being of the beneficiary. [read post]
28 Apr 2022, 9:01 pm
Thank you Hal [Scott] for that kind introduction and for inviting me to speak today. [read post]
14 May 2019, 7:29 am
It also allowed me to introduce some of the main rivals in the story — Fortas, Lyndon Johnson, Strom Thurmond, James Eastland, etc. [read post]
11 Oct 2019, 3:00 am
The 2010 SpeechNow v. [read post]