Publication

Chicago-Kent Law Review

Volume

99

Page

199

Year

2025

Abstract

This Article will build on my earlier work with Naomi Cahn and Nancy Levit to use the fate of women in individual companies to shine new light on the temporal orientations underlying corporate and labor and employment law and provide a basis for a new foundation for a combined approach. This Article will first explain why the shift to shareholder primacy, and the accompanying emphasis on short-term results tied to high stakes bonus pay, disproportionately short-changes female employees, whether in management or in line positions. The Article will maintain that it is not the shift to shareholder primacy in isolation, but rather the combination with competitive pay and with the availability of greater rewards for manipulating metrics that produce disadvantages for women. Second, the Article will review the changes since 2016, showing that, in contrast to the period from the early nineties through the Great Financial Crisis in which shareholder primacy took hold, women’s fortunes in upper management have improved. The Article will then consider the reasons why women’s fortunes may correlate with greater skepticism toward shareholder primacy. Finally, the Article will conclude with an argument for the alignment of women’s interests with corporate interests in reinstating the rule of law and longer-term perspectives in business decision-making.

Rights

http://rightsstatements.org/vocab/InC/1.0/

SSRN

Included in

Law Commons

Share

COinS