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Abstract

There are various efforts underway to increase gender diversity on corporate boards, including legislation in California, a recent SEC approved comply or explain rule for companies listed on the Nasdaq stock exchange, and efforts by institutional investors such as State Street and BlackRock to recognize the value diversity brings to corporate decisionmaking. Although some of these efforts are being contested in the courts, many companies have begun to comply with these initiatives.

This Article is organized as follows. Part I provides an overview of several efforts to increase gender diversity on boards along with numerous research studies showcasing the benefits of diversity. Part II discusses how difficult it is for women to impact decision-making when they do not occupy a significant number of the board seats. In Part III, we outline the forms of influence as described by Professor Robert Cialdini. This Part also analyzes how the arguments made by the late Honorable Ruth Bader Ginsburg (RBG) and the rest of the legal team in Moritz v. Commissioner of Internal Revenue, track most of the research-based influence strategies as delineated by Professor Cialdini. Part IV proposes that the teachings from the management and organizations literature, particularly the work of Professor Cialdini, may be useful for promoting the voices of women who have attained positions of organizational leadership. Concluding remarks follow.

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