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Miles Davis Quintet - Live in Europe 1969 – The Bootleg Series, Vol. 2

An important, enlightening document of Miles in a state of stylistic transition.




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Terri Lyne Carrington - Money Jungle: Provocative in Blue

Ellington et al would be proud of Carrington’s 21st century reinterpretations.




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Steve Coleman and Five Elements - Functional Arrhythmias

The most exciting and substantial Coleman release of the last few years.




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A$AP Rocky - Long.Live.A$AP

Debut album proper from the hyped New York rapper doesn't quite deliver.




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Amit Trivedi - English Vinglish

Trivendi stands on the verge of big success.




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Henry Mancini - Breakfast at Tiffany's - 50th Anniversary Edition

If you don't yet own this Oscar-winning soundtrack, this is the version to go for.




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Cliff Martinez - Drive: Original Motion Picture Soundtrack

An impeccably-crafted soundscape that hints at quiet violence and unresolved tensions.




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Data-driven maintenance

Data-driven insights can help optimise the performance, maintenance and sustainability of warehouse automation. Dan Migliozzi, Sales & Marketing Director, at independent systems integrator, Invar Group, sets out how to achieve the best results.




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Half-term Halloween delivers devilish boost to digital sales, rising +32.2% year-on-year

Online retailers saw a significant increase in online Halloween sales, bolstered by the event (31 Oct) falling during school half-term as well as coinciding with Diwali, according to data from Wunderkind, the AI-driven performance marketing solution.




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Development bank financing pledge gives COP29 summit early boost




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Do Black Lives Matter to Major Corporations?

The summer of Black Lives Matter protests responding to the police killings of George Floyd, Breonna Taylor and Rayshard Brooks, among others, has led to stunning commitments from major banks and corporations to commit to social justice and promoting practices to recruit, hire and retain underrepresented populations, including black Americans, Latinx and female colleagues.  American Express just announced its pledge to invest $1 Billion to advance racial and gender equity.  JP Morgan Chase in October announced a $30 Billion commitment to advance racial equity.  Similarly, Citi and Bank of America have each pledged $1 Billion to promote economic mobility among communities of color.  Goldman Sachs, famously referred to as a vampire squid during the mortgage crisis in 2008, has announced its "Launch With Goldman Sachs" program "to increase capital and facilitate connections for women, Black, Latinx and other diverse entrepreneurs and investors."  These commitments represent huge infusions of capital into causes that these major corporations have just recently found religion upon.  Numerous corporations have made recent pledges to financially support social justice and economic equality including Google, Disney, Facebook, Amazon,  Cisco, DoorDash, Etsy, Home Depot, Intel, TikTok, Lego, Nike, Proctor & Gamble, Fashion Nova, WeWork, and YouTube, among so many others.


Jamie Dimon, CEO of JP Morgan Chase stated in announcing its $30 billion-over-five-year commitment, that “[s]ystemic racism is a tragic part of America’s history. . . . We can do more and do better to break down systems that have propagated racism and widespread economic inequality, especially for Black and Latinx people. It’s long past time that society addresses racial inequities in a more tangible, meaningful way.”

For those long-time followers of the Corporate Justice Blog, these corporate pronouncements may seem ironic or perhaps will be received with trepidation or doubt.  Profit maximization has for years furiously driven corporate leadership to dizzying examples of fraud, corruption, and malfeasance as recorded on these blog pages for years.  Still, these Billion dollar commitments respond to a summer of true discontent and protest over inequality and the value of black lives, and if these corporations are to be taken seriously, these capital infusions could come as true gamechangers.  Will these corporations truly put their money where their commitments are?  And how do we hold these companies accountable to their commitments to advancing racial equality and economic mobility for those communities previously shut out?  



photo: Jamie Dimon, Wikimedia Commons

hat tip: Jessica Smith, 3L, Arkansas Little Rock Bowen School of Law




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NASDAQ Promotes Diversity Through New Listing Requirements

On December 1st, 2020, Nasdaq filed a proposal with the Securities and Exchange Commission to adopt additional listing rules requiring enhanced board diversity and disclosure of firm diversity efforts.  The new listing rules require Nasdaq-listed companies to have on their board of directors, at least two diverse directors, including one who self-identifies as female and one who self-identifies as an underrepresented minority or LGBTQ+.  If the firm does not meet this listing requirement, it must explain why they do not have at least two diverse directors sitting on their board.  Additionally, the new listing rules require Nasdaq-listed companies to publicly disclose consistent, transparent diversity statistics regarding its board of directors.  Nasdaq defines underrepresented minorities to include Black or African America, Hispanic or Latinx, Asian, Native American or Alaska Native, Native Hawaiian or Pacific Islander, two or more races or ethnicities.  Smaller reporting companies and foreign companies have additional flexibility in satisfying these new listing requirements by seating at least two female directors.  These new listing rules require approval from the SEC.

NASDAQ's stated goal for requiring diversity among its listed companies board makeups is to provide the investing public with a "better understanding of the company's current board composition and enhance investor confidence that all listed companies are considering diversity in the context of selecting directors, either by including at least two diverse directors on their boards or explaining their rationale for not meeting that objective." To support this new listing requirement, Nasdaq pointed to over 24 studies that found a link between diverse board and more robust financial performance with better corporate governance.  Under this proposal, Nasdaq-listed companies are required to publicly disclose board-level diversity statistics within one year of the SEC's approval of the rule.

CNN reports that Nasdaq CEO Adena Friedman stated, "Nasdaq's purpose is to champion inclusive growth and prosperity to power stronger economies." Non compliance by Nasdaq-listed companies could lead to delisting.  

Nasdaq's move is part of a growing momentum to see that corporate board diversity is taken seriously across the United States.  California has for two years been requiring gender diversity on corporate boards and has recently begun requiring racial and ethnic diversity on California boards as well.  Goldman Sachs has recently announced that it will require any company that it assists in taking public must include at least one diverse board member. 

The Corporate Justice Blog has long advocated for board diversity as a priority for expanding human capital and realizing greater financial benefits for the firms and its shareholders. We argue that a commitment to diversifying the board, both in gender and racial diversity as well as worldview diversity enhances the performance of the corporations that so commit.  See here, here, here and here.


hat tip:  Deepali Lal, 3L, Arkansas at Little Rock William H. Bowen School of Law 

photo: courtesy of Wikimedia Commons




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President Biden Signs Executive Order To End the Use of Private For-Profit Prisons

Wikimedia Commons
Philadelphia County Prison
In an important move that returns federal government policy to the Obama era, today President Biden signed an executive order calling on the Department of Justice to ends its use of private prisons.  While this executive order does not end federal government reliance on for-profit immigration detention centers, it does require that no future contracts with private prison operators be entered into between the federal government and private prison corporations CoreCivic, GEO Group and others.  Use of the executive order to end private for-profit prison reliance has proven difficult politically as Obama ended their use before the 2016 election, but once Trump entered the White House, he rescinded the policy and made robust use of private prisons for federal prisoners as well as immigration detention.

This executive order, while lauded as a positive step in addressing mass incarceration and systemic racism, will not permanently end its practice.  Legislation outlawing private prisons would be a more permanent solution.  Or, a judicial pronouncement that private for-profit incarceration is unconstitutional would effectively end the use of private prisons as well.  An Arizona 501(c)(3), Abolish Private Prisons, has filed a lawsuit in Arizona federal district court on behalf of inmates housed in private prison facilities, arguing that for-profit incarceration is unconstitutional under the 13th, 14th and 8th amendments as well as a violation of the non-delegation doctrine.  The lawsuit Nielsen v. Shinn is currently pending in Arizona federal court.  

The complaint filed by plaintiffs, together with the Government motion to dismiss, the plaintiff's motion in opposition and the Government's reply can all be viewed here








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Race and Policing in America - St. Thomas University Law Review Symposium

 


All times are Eastern.  

To register and attend by Zoom for free, click here.




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NEW LAW REVIEW ARTICLE: SFFA V. HARVARD AFFIRMED AFFIRMATIVE ACTION AND EXPANDED COGNITIVE DIVERSITY

 I just published a new law review article with the Seattle University Law Review entitled: Students for Fair Admissions: Affirming Affirmative Action and Shapeshifting Towards Cognitive Diversity? The article can be downloaded here: https://digitalcommons.law.seattleu.edu/sulr/vol47/iss4/7/. Here is the abstract:

The Roberts Court holds a well-earned reputation for overturning Supreme Court precedent regardless of the long-standing nature of the case. The Roberts Court knows how to overrule precedent. In Students for Fair Admissions v. Harvard (SFFA), the Court’s majority opinion never intimates that it overrules Grutter v. Bollinger, the Court’s leading opinion permitting race-based affirmative action in college admissions. Instead, the Roberts Court applied Grutter as authoritative to hold certain affirmative action programs entailing racial preferences violative of the Constitution. These programs did not provide an end point, nor did they require assessment, review, periodic expiration, or revision for greater institutional efficacy, including possible race-neutral alternatives. The programs also failed to break down stereotypes through the introduction of a critical mass to empower diverse voices. The programs thereby resembled prohibited quotas or racial balancing. As such, the programs at issue violated Grutter, which still governs race-based affirmative action in college admissions. More importantly, the Roberts court paved the way for more expansive diversity-based admissions programs by permitting institutions to value individual racial experiences, which authentically further an institution’s mission and interests. After SFFA, the use of race as a factor could well face time limits. Contrastingly, individualized racial experiences may benefit college applicants at institutions that embrace diversity in an authentic way without facing any time limitation. Further, institutions with distinct missions may value diversity in a race-conscious way but without any racial preference. In sum, the Roberts Court guides the use of race in college admissions toward a race-neutral, diversity-based paradigm such that institutions may still unlock the empirically proven benefits of cultural diversity with only de minimus interference from the courts. This approach rests upon a powerful policy basis that leads to superior innovation, macroeconomic outcomes, social cohesion and, therefore, superior national security for the United States. This approach thus could support a powerful interest convergence.

The article shows that Supreme Court did not overrule its prior affirmative action precedents, and in fact paved the way for universities to embrace cultural and cognitive diversity to enrich their educational missions. This is important because the case has been widely misconstrued.

My next article will extend the Court's holding to corporate DEI efforts and demonstrate that such efforts are not only remain lawful but also essential to rational human resources management.





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FootGolf arrives on the north shore

The popular new sport FootGolf borrows from two of Australia’s favourite games to create an entirely new challenge.




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Gordon DCC star Cahlin driven to succeed

Meet the talented 18-year-old Gordon District Cricket Club opener and NSW U19 representative with the winning combo of talent and a great attitude.




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Mariners to give women a chance

CENTRAL Coast Mariners are turning their attention to the womens game, with the club aiming to establish a W-League side to compete as early as next season.




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Mariners give women a chance

CENTRAL Coast Mariners are turning their attention to the womens game, with the club aiming to establish a W-League side to compete as early as next season.




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Drunk driver ‘fell asleep at wheel’

IT would be funny if it weren’t so serious. Police have charged a man with high range drink driving after his car rolled back into another car after he allegedly fell asleep at the wheel at an intersection.




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Boxer inspires young men to turn lives around

KING Davidson is a man on a mission — to act as a role model for kids doing it tough.




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Our mistake was to think we lived in a better country than we do | Rebecca Solnit | The Guardian




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On Typesetting Engines: A Programmer's Perspective




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Authoritarians like Trump love fear, defeatism, surrender. Do not give them what they want




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The US Is a Civic Desert. To Survive, the Democratic Party Needs to Transform Itself. | The Nation

The Democratic Party should jettison its consultant class and move toward a local-membership model that would help to rejuvenate civic life across the country. via Pocket




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Bjorn is a powerful network scanning and offensive security tool for Raspberry Pi - GitHub - infinition/Bjorn: Bjorn is a powerful network scanning and offensive security tool for the Raspberry Pi with a 2.13-inch e-Paper HAT. It discovers network targets




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⁣European alternatives for popular services | European Alternatives




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Young refugee gives back

“I DON’T want them to have the life I had,” former refugee Hilal Tawakal, 20, said about children in detention centres.




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Five Unusual Raku Features




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Reddit - Dive into anything




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How to Delegate Effectively as Your Responsibility Grows - Hit Subscribe




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How to delegate effectively as your responsibility grows | Hacker News




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How the Mountain fire exploded into SoCal's most destructive in years - Los Angeles Times




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Exclusive — Sen. Ron Johnson Hopes for Delay of Senate Leadership Vote, Calls McConnell Push ‘Grotesque’

Senate Republicans are set to gather behind closed doors on Wednesday to select a new party leader after securing the majority—and as Sen. Mitch McConnell (R-KY) serves his final days as Senate minority leader.

The post Exclusive — Sen. Ron Johnson Hopes for Delay of Senate Leadership Vote, Calls McConnell Push ‘Grotesque’ appeared first on Breitbart.





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Exclusive — Speaker Johnson Orders Entire Biden Administration to Preserve and Retain All Records and Documents

House Speaker Mike Johnson on Tuesday ordered the entire administration of President Joe Biden to preserve all records and communications in the waning days of the outgoing Democrat administration as former President Donald Trump’s team prepares to take over.

The post Exclusive — Speaker Johnson Orders Entire Biden Administration to Preserve and Retain All Records and Documents appeared first on Breitbart.




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Caught In The Act: Marilyn Manson Live In Chicago

Morgan Clifton and Roman Sobus caught Marilyn Manson In The Act during show at the Aragon Ballroom in Chicago on August 17th. Check out Roman's photos and Morgan's review!




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Live: Something Corporate Rock Chicago For Riot Fest

Something Corporate played to a sold out crowd at the Concord Music Hall in Chicago on September 21st. The show was part of the Riot Fest after shows




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Live: Riot Fest 2024

To quote Riot Fest, "Don't cry because it's over, cry because it happened. See you next year!"




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Live: Maria Muldaur Brings Way Past Midnight Tour To Phoenix

Maria Muldaur brought her Way Past Midnight tour to the music theater at the Musical Instrument Museum in Phoenix




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Live: Rick Wakeman Rocks Phoenix

It's always a treat to see Rick Wakeman in concert, whether it's with Yes, Yes spinoff groups ARW (Anderson, Rabin and Wakeman), Anderson, Bruford, Wakeman and Howe or in a solo performance




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America - Live from the Hollywood Bowl 1975

Here's a live recording from beloved pop band America that was committed to tape at the zenith of their career after they enjoyed a long line of hits, all of which are included




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Live: Iron Maiden Rocks Chicago On The Future Past World Tour

Iron Maiden performed on Thursday, Oct. 25, 2024, at the Allstate Arena in Rosemont, Ill and Tom Wojcik and Rob Grabowski tell and show us about the legendary band's return to Chicagoland!




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Live: Debbie Gibson Acoustic Youth Tour Closes in Chicago

It was a special night of songs and storytelling as Debbie Gibson closed out her Acoustic Youth tour in Chicago on Monday, October 28, 2024.




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Parcel Delivery Malware Spam - UPS Shipping service report Q76WQCOQBV

Poorly formatted, fake UPS Shipping service report, including malware.




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Parcel Delivery Malware Spam - Royal Mail Shipment Status No 00087904

Royal Mail Shipment scam with a ZBot Trojan attached to it.




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High Priority Package Delivery Scam - Delivery Notification

Rosa Daniel wants you to come to Rome to pick up a high priority package.




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Parcel Delivery Malware Spam - DHL delivery failure report

Malware delivered via a link in a fake DHL Notification e-mail.




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Malware Spam - UPS Delivery Notification Tracking Number:APHQUV26F29IG4UFOZ

Malware delivered through fake UPS tracking page, attached as an HTML file.




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General Malware Spam - You have received a new fax message

Fax or malware? This is clearly malware.