Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 7 of 7

Full-Text Articles in Law

Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations , Asmara Tekle Johnson Jan 2007

Privatizing Eminent Domain: The Delegation Of A Very Public Power To Private, Non-Profit And Charitable Corporations , Asmara Tekle Johnson

American University Law Review

In an age of privatization of many governmental functions such as health care, prison management, and warfare, this Article poses the question as to whether eminent domain should be among them. Unlike other privatized functions, eminent domain is a traditionally governmental and highly coercive power, akin to the government’s power to tax, to arrest individuals, and to license. It is, therefore, a very public power.

In particular, the delegation of this very public power to private, non-profit and charitable corporations has escaped the scrutiny that for-profit private actors have attracted in the wake of the U.S. Supreme Court’s decision in …


Balancing Rights With Responsibilities: Looking For The Global Drivers Of Materiality In Corporate Social Responsibility & The Voluntary Initiatives That Develop And Support Them , Rachel Kyte Jan 2007

Balancing Rights With Responsibilities: Looking For The Global Drivers Of Materiality In Corporate Social Responsibility & The Voluntary Initiatives That Develop And Support Them , Rachel Kyte

American University International Law Review

No abstract provided.


Carbon Offsets: Are Such Credits Effectively Helping Mitigate Climate Change? , Catherine Verdier Jan 2007

Carbon Offsets: Are Such Credits Effectively Helping Mitigate Climate Change? , Catherine Verdier

Sustainable Development Law & Policy

No abstract provided.


What Hedge Funds Can Teach Corporate America: A Roadmap For Achieving Institutional Investor Oversight, Robert C. Illig Jan 2007

What Hedge Funds Can Teach Corporate America: A Roadmap For Achieving Institutional Investor Oversight, Robert C. Illig

American University Law Review

Hedge funds and other private equity funds are aggressive monitors of corporate America. Their investment strategies are designed to squeeze agency costs and other inefficiencies out of under performing companies. Mutual funds and public pension funds, by contrast, have remained relentlessly passive despite their many resources. Rather than seek to improve the performance of their portfolio companies, they generally prefer to exit any investments that turn sour. Why the difference? In this Article, I compare the business environments and regulatory regimes affecting different types of institutional investors. I conclude that the primary reason that most institutional investors do not better …


Business & Human Rights Law: Diverging Trends In The United States And France, Anna Triponel Jan 2007

Business & Human Rights Law: Diverging Trends In The United States And France, Anna Triponel

American University International Law Review

No abstract provided.


Regulating Multinational Corporations: Towards Principles Of Cross-Border Legal Frameworks In A Globalized World Balancing Rights With Responsibilities, Joseph E. Stiglitz Jan 2007

Regulating Multinational Corporations: Towards Principles Of Cross-Border Legal Frameworks In A Globalized World Balancing Rights With Responsibilities, Joseph E. Stiglitz

American University International Law Review

No abstract provided.


The Turn To Ethics: Disinvestment From Multinational Corporations For Human Rights Violations - The Case Of Norway's Sovereign Wealth Fund, Simon Chesterman Jan 2007

The Turn To Ethics: Disinvestment From Multinational Corporations For Human Rights Violations - The Case Of Norway's Sovereign Wealth Fund, Simon Chesterman

American University International Law Review

No abstract provided.