Sessions Information

  • May 7, 2019
    9:00 am - 10:15 am
    Session Type: Works-in-Progress
    Session Capacity: N/A
    Hotel: N/A
    Room: Union Square 9
    Floor: Fourth Floor

    Democratizing Public Benefit – Social Enterprise and Beneficiary Participation

    Joseph Pileri, American University

    The burgeoning field of social enterprise attempts to compel businesses to create some “public benefit,” often defined as a social or environmental benefit for one or more third-party stakeholders, alongside pursuing profit. Social enterprise thus far largely fails to include the meaningful participation of stakeholders and intended beneficiaries in the pursuit of this public benefit. Decisions about the definition, creation, and measuring of a public benefit are left to traditional corporate governance mechanisms—boards of directors, company officers, and shareholders. These mechanisms often depend on groups who neither comprise nor reflect the interests of marginalized groups and other stakeholders. 

    In this paper, I suggest a model in which stakeholders and beneficiaries are directly involved in the decision-making process of these enterprises. I explain the justification for including stakeholders and beneficiaries in the decision-making process for social enterprises. I walk through options for granting explicitly-identifiable stakeholders and beneficiaries decision-making authority. I also propose practical legal structures that achieve these goals under existing law and legislative changes that can bring about this kind of participation.

     

    An Unfair Privacy Assault on America's Most Vulnerable Entrepreneurs

    Amanda Sprately, Georgetown University Law Center

    Business registration and formation regulations disadvantage low-resourced and traditionally marginalized entrepreneurs in greater proportion than well-resourced and sophisticated entrepreneurs regarding personal privacy. Low-resourced entrepreneurs starting a new business must frequently provide sensitive personal data such as home address, home phone, personal email and Social Security number to multiple agencies, including the relevant Secretary of State for entity formation and business tax registration agencies at the federal, state, and local levels. This issue is less acute for well-resourced entrepreneurs who often act through an attorney, law, or accounting firm to handle their legal, tax, and other documents or have the resources to purchase expensive executive suite services or lease commercial property. The negative consequences of business and tax personal information disclosure requirements disproportionately impact low-resourced entrepreneurs. This differential impact is problematic because it gives preferential treatment to one type of entrepreneur over another, squelching diversity and innovation in entrepreneurship. Furthermore, it is often low-resourced entrepreneurs who are most vulnerable to exposure of their personal information for personal safety reasons, low-resourced entrepreneurs are often less equipped to handle visitors to their business address of record, and address insecurity among certain low-resourced entrepreneurs creates an effective bar to accessing entrepreneurship opportunities. This challenge calls for a re-examination of basic business and tax registration laws, particularly at the state and local levels, to consider what information is truly required by our government agencies and whether it is appropriate for such regulations to disproportionately burden entrepreneurs within our most low-resourced and vulnerable communities.

     

Session Speakers
American University, Washington College of Law
Works-in-Progress Presenter

Georgetown University Law Center
Works-in-Progress Presenter

Session Fees

Fees information is not available at this time.