Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Abroad (1)
- Actionable (1)
- Alien (1)
- Alternative forum (1)
- Cognitive theory (1)
-
- Color of law (1)
- Commercial speech (1)
- Competitive (1)
- Corporate speech (1)
- Corporation is a person (1)
- Customary (1)
- Domestic (1)
- Egregious (1)
- En banc (1)
- Engender (1)
- Environmental (1)
- First Amendment (1)
- Forced labor (1)
- Genocide (1)
- Handful (1)
- International law (1)
- Law of nations (1)
- Marketplace of ideas (1)
- Metaphor (1)
- Nike (1)
- Pari materia (1)
- Pollution (1)
- Private capacity (1)
- Re-filing (1)
- Slave trading (1)
Articles 1 - 3 of 3
Full-Text Articles in Law
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson
Scholarly Works
In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
What Is The Sound Of A Corporation Speaking? How The Cognitive Theory Of Metaphor Can Help Lawyers Shape The Law, Linda L. Berger
Scholarly Works
This article argues that better understanding of metaphor's cognitive role can help lawyers shape judicial decision-making. As a way of exploring metaphor's contribution to shaping the law, the article focuses on how a particular lawsuit was influenced by metaphor, in particular, by the primary metaphor that a corporation is a person within the more complex metaphorical system suggested by the marketplace of ideas model for First Amendment protection. After describing the cognitive theory of metaphor and examining the metaphors underlying First Amendment protection for corporate speech, the article analyzes the use of metaphor in the briefs filed in the U.S. …
Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano
Summary Of Redl V. Secretary Of State, 120 Nev. Adv. Rep. 13, Mike Feliciano
Nevada Supreme Court Summaries
Petition denied. Under NRS 78.730, the Secretary of State has discretion to revive a corporate charter that has been revoked for a period of five or more years.