Sessions Information

  • May 2, 2018
    9:00 am - 10:30 am
    Session Type: AALS Programs
    Session Capacity: N/A
    Hotel: N/A
    Room: Clark 1
    Floor: Seventh Floor

    Democratizing Public Benefit

    Joseph Pileri, Georgetown University Law Center

    The burgeoning fields of social enterprise and impact investing involve businesses operating for the creating of some “public benefit.” On the one hand, new corporate forms like the benefit corporation allow for-profit enterprises to pursue profit alongside the creation of a public benefit. Impact investing, on the other, refers to transactions that have an explicit goal of furthering some public benefit. The intended benefit can be on a specific set of beneficiaries or on the public as a whole. How a public benefit is created and measured is very much still in question. Efforts to define these so far fail to include the participation of stakeholders and intended beneficiaries in the pursuit of this public benefit.


    Many argue that economic justice requires that economic activity be democratized in addition to distributive measures. Stakeholders must participate in economic production. In the case of both benefit corporations and impact investing, however, such decisions are left to traditional corporate governance mechanisms – boards of directors, company officers, and shareholders – or to the parties to the transaction. In this paper, I suggest a model in which stakeholders and beneficiaries are directly involved in the decision-making process of these companies and deals.

    Another Reason to Revisit the 1980 Maine Indian Claims Settlement Act:

    Congress’s Approval of a “Unique” Jurisdictional Agreement Created “Divisive Controversy” and “Ill-Will”

    Nicole B. Friederichs, Suffolk University Law School

    On the first day of hearings before the U.S. Senate Select Committee on Indian Affairs in 1980, Maine’s Attorney General described the proposed jurisdictional agreement between the State and the Maine Indian tribes, as one that would “avoid … the types of divisive [sic] controversy that has so marked tribal/State relations in the Western States and has resulted in so much litigation and ill-will.” Since the adoption of that agreement, Maine and the four tribes located within its territorial boundaries have litigated the Maine Indian Claims Settlement Act (MICSA) over ten times and their relationship is poor. This article builds upon research sponsored by the Maine Indian Tribal State Commission (MITSC), and conducted by Suffolk’s Indigenous Peoples Rights Clinic; namely archival research on the drafting of MICSA, the federal law enacted to settle land claims brought by the Passamaquoddy Tribe and Penobscot Nation. One of the primary findings was that the principle of inherent tribal sovereignty was rarely relied upon during the drafting of MICSA. Instead, the Tribes was described by some as sub-divisions of the State. This article argues that this disregard of inherent tribal sovereignty is a reason why there has been such “divisive controversy” since MICSA’s adoption.


Session Speakers
Suffolk University Law School
Works-in-Progress Presenter

Georgetown University Law Center
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.