1. Can California’s New Boardroom Diversity Law Withstand Courtroom Backlash?

    Can California’s New Boardroom Diversity Law Withstand Courtroom Backlash?

    When Gov. Jerry Brown signed into law a measure that made California the first state to require public companies to add women to their boards of directors, he professed himself undeterred by its potentially fatal legal flaws. “It’s high time corporate boards include the people who constitute more than half the ‘persons’ in America,” he wrote in a Sept. 30 signing statement about Senate Bill 826...

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    1. Although there isn't a great deal of argument about the intent of the law, it's going to face a lot of challenges on legal and constitutional grounds.
    2. If there are two qualified candidates for a director, SB 826 would require the company to choose the female candidate and deny the male candidate the position, based on gender.
    3. To defend the constitutionality of this bill, it would not appear to be enough to simply cite statistics showing that women are grossly underrepresented on corporate boards.
    4. Here the state is imposing a quota requirement on private property — a publicly traded corporation — where there's no indication that the publicly traded corporation wants to have that requirement.
    5. The important thing is that we achieve the goal.
    6. Find me a woman who doesn't talk too much.
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