On December 1st, 2020, Nasdaq filed a proposal with the Securities and Exchange Commission to adopt additional listing rules requiring enhanced board diversity and disclosure of firm diversity efforts.  The new listing rules require Nasdaq-listed companies to have on their board of directors, at least two diverse directors, including one who self-identifies as female and one who self-identifies as an underrepresented minority or LGBTQ+.  If the firm does not meet this listing requirement, it must explain why they do not have at least two diverse directors sitting on their board.  Additionally, the new listing rules require Nasdaq-listed companies to publicly disclose consistent, transparent diversity statistics regarding its board of directors.  Nasdaq defines underrepresented minorities to include Black or African America, Hispanic or Latinx, Asian, Native American or Alaska Native, Native Hawaiian or Pacific Islander, two or more races or ethnicities.  Smaller reporting companies and foreign companies have additional flexibility in satisfying these new listing requirements by seating at least two female directors.  These new listing rules require approval from the SEC.

NASDAQ's stated goal for requiring diversity among its listed companies board makeups is to provide the investing public with a "better understanding of the company's current board composition and enhance investor confidence that all listed companies are considering diversity in the context of selecting directors, either by including at least two diverse directors on their boards or explaining their rationale for not meeting that objective." To support this new listing requirement, Nasdaq pointed to over 24 studies that found a link between diverse board and more robust financial performance with better corporate governance.  Under this proposal, Nasdaq-listed companies are required to publicly disclose board-level diversity statistics within one year of the SEC's approval of the rule.

CNN reports that Nasdaq CEO Adena Friedman stated, "Nasdaq's purpose is to champion inclusive growth and prosperity to power stronger economies." Non compliance by Nasdaq-listed companies could lead to delisting.  

Nasdaq's move is part of a growing momentum to see that corporate board diversity is taken seriously across the United States.  California has for two years been requiring gender diversity on corporate boards and has recently begun requiring racial and ethnic diversity on California boards as well.  Goldman Sachs has recently announced that it will require any company that it assists in taking public must include at least one diverse board member. 

The Corporate Justice Blog has long advocated for board diversity as a priority for expanding human capital and realizing greater financial benefits for the firms and its shareholders. We argue that a commitment to diversifying the board, both in gender and racial diversity as well as worldview diversity enhances the performance of the corporations that so commit.  See here, here, here and here.

hat tip:  Deepali Lal, 3L, Arkansas at Little Rock William H. Bowen School of Law 

photo: courtesy of Wikimedia Commons

 

All times are Eastern.  

To register and attend by Zoom for free, click here.

The Tulsa Law Review will host a special symposium issue of the law review as part of a commemoration of the 1921 Tulsa Race Massacre with a one-day live/hybrid event on May 21 and publication of the papers in September 2021.

During the Tulsa Race Massacre, which occurred May 31–June 1, 1921, a white mob attacked residents, homes and businesses in the predominantly Black Greenwood district of Tulsa, Oklahoma. The event remains one of the worst incidents of racial violence in U.S. history and one of the least-known; news reports were largely squelched, despite the fact that hundreds of people were believed to have been killed and thousands left homeless.

May 21 @ 9:00 am - 5:00 pm

Virtual Event Free: Register Here

This one-day conference will feature the work of law professors, artists, poets, Black Wall Street business owners and historians.

Suzette Malveaux, provost professor of civil rights law at the University of Colorado School of Law, will provide the keynote address. For six years, Malveaux served as pro bono counsel to the plaintiffs in Alexander v. State of Oklahoma, a suit filed against Tulsa by victims of the 1921 Tulsa Race Massacre. As part of a team of attorneys, she represented the victims before the federal courts, the Inter-American Commission on Human Rights (Organization of American States) and the U.S. House of Representatives.

Other featured law professors will include Keeva Terry of Howard University School of Law; andre cummings of the Bowen School of Law at the University of Arkansas at Little Rock; Amos Jones, executive director of the African American Trust for Historic Preservation; Angela Addae of the University of Oregon School of Law; and many others. Confirmed participants include Dwight Eaton, a descendant and owner of Black Wall Street Liquid Lounge; TU Professor Kristen Oertel, who will present a talk titled Black Indians, Red Dirt: A Brief History of African Americans in Indian and Oklahoma Territories, 1840–1907; and Professor DeWayne Dickens, who will present a talk titled Learning from Greenwood: When Voices Are Silenced.

 Donald Trump promises to sign an Executive Order on day one of his new term abolishing Birthright Citizenship. This will trigger litigation thar promises to land in Trump's Supreme Court for final adjudication, Assuming Trump prevails there, the GOP already introduced a Bill to abolish Birthright Citizenship legislatively. JD Vance co-sponsored that Bill. This amounts to an historically unprecedented assault on virtually every American's Citizenship. 

Amend the Immigration and Nationality Act to clarify that no child is eligible for birthright citizenship if their parents are unlawfully present in the United States, present in the U.S. for diplomatic purposes, or engaged in a hostile operation against the U.S.

Notably, the Act proposed by Vance includes no limitation on this "clarification" of who enjoys citizenship and who does not. The Act includes no limitation on retroactive effect and lacks any express limitation providing for prospective impact only. The Constitution only proscribes retroactive criminal sanctions The intent of the Act is to correct errors in prior interpretations of the scope of the Fourteenth Amendment. 

More broadly, the GOP assault on virtually everyone's citizenship seeks to maximize the power of the next Trump Administration to round-up citizens, as discussed in my prior blog post. As such, this amounts to the greatest power-grab of rights over American citizens in history.

 

 

No President nor nominee in US history so openly and brazenly pursued a fascist dictatorship like Donald Trump does today. In fact, many of Trump's own handpicked senior advisers from his first term as President issue urgent warnings today about Trump's drive to dictatorship. For example:

1)    TRUMP'S LONGEST SERVING CHIEF OF STAFF MARINE GENERAL JOHN KELLY

John Kelly enlisted in the Marine Corps in 1970, and was discharged as a sergeant in 1972. Following college graduation in 1976, he returned to the Marines as an infantry officer. Kelly rose to Brigadier General and served in Iraq for the better part of 2 years. Kelly deployed again to Iraq in 2008 after promotion to Major General. Ultimately, in his last military post, from 2012 to 2016 he served as a four-star general leading the United States Southern Command, the unified combatant command responsible for American military operations in Central America, South America, and the Caribbean.

President Trump appointed Kelly the Secretary of Homeland Security in 2017. Trump promoted Kelly to Chief of Staff on July 31, 2017. At the time, Trump called Kelly a "great American" who has "done a spectacular job at Homeland Security" and "been a true star of my administration."

The New York Times published an interview with Kelly, on Oct. 22, 2024, available here. According to General Kelly: “Certainly the former president is in the far-right area, he’s certainly an authoritarian, admires people who are dictators — he has said that. So he certainly falls into the general definition of fascist. . . . He certainly prefers the dictator approach to government.” Further, the General said that "a very big surprise for him was that we were — those of us who were former generals and certainly people still on active duty — that the commitment, the loyalty was to the Constitution, without question, without second thought. That was a big surprise to him that the generals were not loyal to the boss, in this case him.” Trump apparently failed middle school history.

2)      TRUMP'S HANDPICKED CHAIR OF THE JOINT CHIEFS OF STAFF MARK MILLEY

Four star General Mark Milley became the Chairman of the Joint Chiefs of Staff on September 30, 2019, and served as the nation's highest ranking military officer for four years until September of 2023.  Milley first became a commissioned officer in 1980 after graduating from Princeton University. As chairman, General Milley acted as the principal military advisor to the President of the United States, the Secretary of Defense, the National Security Council and the Homeland Security Council.

When Milley took his oath as Chair, Donald Trump said of his appointee: "In his new role as chairman of the Joint Chiefs of Staff, General Milley will serve as my top military advisor. I have absolute confidence that he will fulfill his duty with the same brilliance and fortitude he has shown throughout his long and very distinguished career."

Today the retired General says of Trump: “He is the most dangerous person ever. [N]ow I realize he’s a total fascist. He is now the most dangerous person to this country, a fascist to the core.” In his retirement speech Milley stated: "“We don’t take an oath to a king, or queen, or tyrant or a dictator, and we don’t take an oath to a wannabe dictator. We don’t take an oath to an individual. We take an oath to the Constitution, and we take an oath to the idea that is America, and we’re willing to die to protect it.”

3)    13 FORMER TRUMP OFFICIALS IN SUPPORT OF THE GENERALS

In the wake of comments from General Kelly (and fully consistent with the comments of General Milley), 13 Trump appointees wrote a letter of support stating:

Donald Trump's disdain for the American military and admiration for dictators like Hitler is rooted in his desire for absolute, unchecked power. This is a man who threw his own Vice President – Mike Pence – at a violent mob in a desperate bid to hold on to power. When Donald Trump says he wants to be a "dictator" on "day one" and deploy the military against American citizens he deems “the enemy from within"--he means it. . . . We did not take the decision to come forward lightly. We are all lifelong Republicans who served our country. However, there are moments in history where it becomes necessary to put country over party. This is one of those moments.

All of these Trump Administration appointees, including many serving in senior positions, worked day-to-day with Trump and witnessed first hand how he governs and how he seeks to accumulate dictatorial powers.

4)     FORMER SECRETARY OF DEFENSE JAMES MATTIS

Four star Marine General James Mattis served as Trump's first handpicked Secretary of Defense, from Trump's inauguration through early 2019. Mattis previously served as a Marine officer starting in 1971, and saw combat in Operation Dessert Storm, Afghanistan and the invasion of Iraq in 2003.

General Mattis posits that Donald Trump is unfit because he places himself above the Constitution. More specifically, Mattis issued a statement after the J6 insurrection that said:

Today’s violent assault on our Capitol, an effort to subjugate American democracy by mob rule, was fomented by Mr. Trump. His use of the Presidency to destroy trust in our election and to poison our respect for fellow citizens has been enabled by pseudo political leaders whose names will live in infamy as profiles in cowardice. Our Constitution and our Republic will overcome this stain and We the People will come together again in our never-ending effort to form a more perfect Union, while Mr. Trump will deservedly be left a man without a country.

Mattis previously levelled serious objections to Trump's fitness as President due to his misconduct in the summer of 2020, in the wake of protests triggered by the police murder of George Floyd. He stated:

Donald Trump is the first president in my lifetime who does not try to unite the American people—does not even pretend to try. Instead, he tries to divide us. We are witnessing the consequences of three years of this deliberate effort. We are witnessing the consequences of three years without mature leadership. 

5)    FORMER SECRETARY OF DEFENSE MARK ESPER 

After graduating from West Point, Mark Esper joined the United States Army and served during the 1990-91 Gulf War as an officer with the 101st Airborne Division. Former President Trump appointed him as the Secretary of Defense and he assumed office on July 19, 2019.

When asked about the former Generals assertions that Trump seeks to impose a dictatorship Esper stated: "It's hard to say that he doesn't. . . .he certainly has those inclinations. And I think it's something we should be wary about." Esper suggests voters look up the term "fascism" and determine on their own if Trump fits the bill. He also praised the Generals for raising the issue and gave them high marks for integrity and honesty.

The Esper interview with CNN is available here.

6)   FORMER VICE PRESIDENT PENCE

In an extraordinary development, Vice President Mike Pence refuses to endorse Donald Trump for President in election 2024. Pence stated that Trump should never sit in the Oval Office again because Trump put himself and his hold on power above the Constitution. The video above explains his position best.

CONCLUSION

The 18 patriots quoted above all say in unison that Donald Trump cannot rule our country again because he cannot adhere to the Constitution. Instead he will seek extra-Constitutional power and try to rule as a dictator. Trump himself promises to rule as a dictator on Day 1. These warnings come from life-long conservatives and from Trump's hand picked officials at the most senior levels of the Trump Administration. They saw Trump at work in the Oval Office daily--they know much more than us. They risk their lives and the lives of their family. We must heed these unprecedented warnings and take Trump at his word. The Constitution today demands that we all follow the distinguished leaders above and act courageously to protect our Great Constitutional Republic. History will judge us on this most important issue. We must not elect a dictator who promises to "terminate" the Constitution for power.

Podcasts can be listened to virtually anywhere and at any time, which is probably why they have become so popular. By the very nature of their flexible listening options podcast listeners will undoubtedly have their own podcast listening habits and I’m certainly no exception.

The post How I Listen to Podcasts appeared first on Richard Farrar.

The debate rages between the Fraunhofer encoder and the LAME encoder for encoding podcasts. Listen for yourself and see if you can tell the difference.

The post Which is the Best MP3 Encoder for Podcasts? appeared first on Richard Farrar.

Using Skype to conduct interviews with guests for your podcast is fairly easy but potential inexperience of your guests can lead to sub-optimal audio quality. The following simple tips can significantly improve the audio quality of such an interview ensuring that you and your guest come across at your very best in the final podcast.

The post Podcast Skype Interview Guidelines for Guests appeared first on Richard Farrar.

Podcasts are increasing in popularity but if no one knows about your podcast then you're unlikely to get many downloads. To increase traffic to your podcast people have to be able to find it and the easiest way of achieving this is by submitting your podcast to a selection of key podcast directories.

The post Top Podcast Directories to Submit Your Podcast appeared first on Richard Farrar.

A technical analysis of the top 4 podcasts about podcasting looking at the audio production, file formats and embedded meta-data used by each podcast

The post A Quasi-technical Analysis of the Top Podcasts about Podcasting appeared first on Richard Farrar.

After 6 years The Internet Monthly podcast is shutting down on this blog, but exactly the same content can be found elsewhere online as the Zen Monthly podcast

The post The Internet Monthly Podcast No-more appeared first on Richard Farrar.

This tutorial demonstrates how to use the FREE winLAME audio encoder to quickly and simply encode audio podcasts into MP3 format.

The post How to Use winLAME to Encode Podcasts appeared first on Richard Farrar.

ASPIRATIONAL young soccer player Mohamed Al-Taay is fighting for his place in the run-on squad with the Western Sydney Wanderers in the prestigious National Youth League.

THE NRL draw was released yesterday, revealing Campbelltown Stadium has secured matches against two NSW teams in its annual four regular season matches.

From playing to coaching, refereeing to teaching — this Lane Cove teen has shown she is an asset to basketball.

Lane Cove Masters’ swimmer John De Vries romped to four gold medals and a Pan Pacific record on the Gold Coast last month.

STUNNER Tasha Ross can add another title to her impressive list of beauty awards, after making the finals of Miss World Australia.

“It’s about creating music as equals,” said David Cretney, of Autism Spectrum Australia — the organisation behind supported music studio program, ‘Club Weld and the Riff Society’.

WITH just days to go until election day, Prime Minister Malcolm Turnbull and Opposition Leader Bill Shorten visited Banks and Barton to drum up support.

Graeme Webb was clinically dead for more than 40 minutes. A year on, the Hammondville man who has been dubbed the Miracle Man, relives his story and talks about how life has changed.

TWO towers up to 20 storeys tall could be built in Castle Hill, next to the heritage listed Garthowen House.

COUNTY Rugby League have announced the Central Coast will be home to a women’s nines competition in 2017.

IT would be funny if it weren’t so serious. Police have charged a man with high range drink driving after his car rolled back into another car after he allegedly fell asleep at the wheel at an intersection.

The two turtles were rescued by locals and are now being cared for before being released. Long neck turtle Cara Mi-shell and terrapin Squirt were both discovered on beaches.

SOCCER and rugby league might dominate sport in the western suburbs but Quakers Hill’s Logan Owen’s skill is executed impressively in the gymnastics arena.

THE Penrith Panthers will chase a third consecutive win as they take on the New Zealand Warriors this Saturday.

Football is in Kosta Grozos’ blood. The 15-year-old Kingsgrove footballer has been playing for about two thirds of his life and has no desire to stop any time soon.

Republican is inaugurating a new era in US politics and perhaps for the world as a whole

a 1% change in several swing states...

When the Soviets called their enemies “fascists,” they turned the word into a meaningless insult. Putinist Russia has preserved the habit: a “fascist” is anyone who opposes the wishes of a Russian dictator. So Ukrainians defending their country from Russian invaders are “fascists.” This is a trick that Trump has copied. He, like Vladimir Putin, refers to his enemies as “fascists,” with no ideological significance at all. It is simply a term of opprobrium. Putin and Trump are both, in fact, fascists. And their use of the word, though meant to confuse, reminds us of one of fascism’s essential characteristics. A fascist is unconcerned with the connection between words and meanings. He does not serve the language; the language serves him. When a fascist calls a liberal a “fascist,” the term begins to work in a different way, as the servant of a particular person, rather than as a bearer of meaning

Over the past two decades, Google has hosted two different internal platforms for predictions. Why did the first one fail — and will the other endure?

I’ve had a lot of conversations since Tuesday revolving around the question of why Donald Trump won. The economy and inflation. Kamala Harris didn’t do this or that. Sexism and racism. The border. That trans-inmate ad that ran a jillion times. And so on. via Pocket

EXCLUSIVE: A site for a new aquatic centre to replace the old Parramatta pool has been selected and the spot was once used for another popular sport and active past time.