Enterprise Legislation Prof Weblog

Saturday, February 12, 2022

An Replace on My Paper, Capital Discrimination

Beforehand, I introduced that my paper, Capital Discrimination, could be forthcoming within the Houston Legislation Evaluation, and had simply been posted publicly to SSRN.  As I defined in that put up, the paper explores the issue of gender discrimination in opposition to ladies as enterprise homeowners and capital suppliers, and proposes adjustments to each statutory legislation and customary legislation fiduciary duties so as to deal with gender-based oppression in enterprise.

The paper itself describes a number of enterprise legislation instances from completely different jurisdictions, together with Shawe v. Elting, a matter very acquainted to enterprise legal professionals, and which concerned an acrimonious dispute within the Delaware courts.  Simply earlier than Christmas, an lawyer representing Philip Shawe despatched this stop and desist letter to SSRN, demanding that the paper be faraway from that website as defamatory. 

On New 12 months’s Day, SSRN eliminated the paper in response to Shawe’s letter.  After that, Houston Legislation Evaluation may now not guarantee me that the article would run in its journal, and said that they might not preclude me from submitting the paper for publication elsewhere.   

Tulane’s counsel has despatched a response letter to SSRN in hopes of getting the paper restored however for now, to make sure that the paper shouldn’t be stored out of sight indefinitely, I’ve made a replica obtainable at this hyperlink.  This draft of the paper features a reference to Mr. Shawe’s defamation claims.


Ann Lipton | Permalink

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