Emory Law Journal

Volume 59Issue 4

Sex In and Out of Intimacy

Laura A. Rosenbury, Jennifer E. Rothman | 59 Emory L.J. 809 (2010)

This Article challenges the underlying assumption in Lawrence v. Texas that sex is valuable only when potentially in service to emotional intimacy and proposes a new theory for extending legal protection to a wider range of consensual sexual activities. The current regulation of sex devalues both sexual relationships that lack an intimate component and intimate relationships that lack a sexual component. We argue that the state should independently protect both intimate relationships and sexual interactions because sex can constitute a vital part of individual identity and self-expression even when not channeled into intimacy. We challenge the dominant, almost sacred, understanding that the most important relationships between adults should always be both sexual and emotionally intimate.

Read More »

The Power of Proxy Advisors: Myth or Reality?

Stephen Choi, Jill Fisch, Marcel Kahan | 59 Emory L.J. 869 (2010)

This Article attempts to measure the impact of voting recommendations on voting outcomes. Unlike prior literature, it distinguishes correlation from causality by examining both the recommendation itself and the underlying factors that may influence a shareholder’s vote. Using several different tests, we conclude that popular accounts substantially overstate the influence of ISS. Our findings reveal that the impact of an ISS recommendation is reduced greatly once company- and firm-specific factors important to investors are taken into consideration. Overall, we estimate that an ISS recommendation shifts 6%–10% of shareholder votes. We also determine that a major component of ISS’s influence stems from its role as an information agent, aggregating factors that its subscribers consider important.

Read More »