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The Belfast/Good Friday Agreement And Transformative Change: Promise, Power And Solidarity, Fionnuala Ní Aoláin
The Belfast/Good Friday Agreement And Transformative Change: Promise, Power And Solidarity, Fionnuala Ní Aoláin
Articles
In 2023 the 1998 Belfast/Good Friday Agreement marks its twenty-fifth anniversary. For many the Agreement projects a global image of a successfully concluded end to conflict. However, key aspects of the agreement remain under-enforced or simply undelivered: in particular, provisions related to significant and wide-ranging guarantees addressing human rights and equality of opportunity. As a result, socio-economic and cultural deficits persist, undermining the capacity to achieve a ‘positive peace’. In this article we address the question of how transformative the Agreement and associated reforms have been in addressing the root causes of the conflict and the structures that underpinned it. …
Managing Terrorism, Fionnuala Ní Aoláin, Colm Campbell
Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell
Benefit Corporations And Public Markets: First Experiments And Next Steps, Brett Mcdonnell
Articles
This paper explores corporate governance challenges that will arise as benefit corporations, and social enterprise more generally, go public. Balancing accountability of managers with a firm commitment to both doing good and making money may prove particularly difficult in the context of firms with shares traded on public markets. This paper looks at early experiments in both public markets and individual companies. It considers various corporate governance mechanisms that may help social enterprises credibly commit to their dual missions. These mechanisms include disclosure, fiduciary duty, board representation, voting, and corporate gatekeepers. Exchanges specifically for social enterprises may play a useful …
Friending The Privacy Regulators, William Mcgeveran
Friending The Privacy Regulators, William Mcgeveran
Articles
According to conventional wisdom, data privacy regulators in the European Union are unreasonably demanding, while their American counterparts are laughably lax. Many observers further assume that any privacy enforcement without monetary fines or other punishment is an ineffective “slap on the wrist.” This Article demonstrates that both of these assumptions are wrong. It uses the simultaneous 2011 investigation of Facebook’s privacy practices by regulators in the United States and Ireland as a case study. These two agencies reached broadly similar conclusions, and neither imposed a traditional penalty. Instead, they utilized “responsive regulation,” where the government emphasizes less adversarial techniques and …
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Gendering Constitutional Design In Post-Conflict Societies, Dina Francesca Haynes, Fionnuala Ní Aoláin, Naomi Cahn
Articles
Over the past quarter-century, many countries have experienced deeply divisive and highly destructive armed conflicts, ranging from Afghanistan to The Democratic Republic of Congo to Rwanda, East Timor, Northern Ireland, and the countries of the former Yugoslavia. Each of these countries is at a different point on the spectrum of emerging from and addressing the causes of conflicts. Moreover, with varying degrees of intervention and assistance from the international community, each is responding in highly differentiated ways to the challenges of emerging from conflict, as well as rebuilding or creating new institutions to allow movement forward.
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
So Much More Than A "Harmless Drudge": Samuel Johnson And His Dictionary, Joan Howland
Articles
No abstract provided.
Trade And Tensions, Daniel J. Gifford
Trade And Tensions, Daniel J. Gifford
Articles
International disputes and tensions arise in situations where one nation is seeking its own economic betterment in ways that diminish the economic welfare of other nations. Prior to World War II, most nations deployed systems of tariffs and import quotas in unveiled attempts to protect their domestic in- dustries. Today, trading tensions are often generated by a range of government activities that limit imports or subsidize exports; yet the governments that impose these measures often rationalize them as policy measures that have no protectionist or other trading objective. The earlier trading model was a mer- cantilist one. Economic welfare was …
Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford
Antitrust And Trade Issues: Similarities, Differences, And Relationships, Daniel J. Gifford
Articles
The recent negotiations establishing the World Trade Organiza- tion ("WTO") are the latest of a series which have progressively lowered trade barriers since the end of World War 11.1 As trade barriers have been lowered, trade has increased, moving the world inexorably towards the free-trade ideal where goods and services move in response to demand.' This, of course, is the most efficient allocation of the world's resources, and has the effect of maximizing the world's wealth.' Within the United States, the recognized role of the antitrust laws is to ensure that the market is free to allocate resources in response …