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Full-Text Articles in Law
Harmonizing Multinational Parent Company Liability For Foreign Subsidiary Human Rights Violations, Vivian Grosswald Curran
Harmonizing Multinational Parent Company Liability For Foreign Subsidiary Human Rights Violations, Vivian Grosswald Curran
Articles
A notable development of recent years has been the simultaneous legal invisibility and ubiquity of the giant multinational corporation where its subsidiaries operate elsewhere under legal structures that preserve the parent company from liability for the subsidiary’s conduct. This article focuses on multinationals whose parent company is at home in a developed country and subsidiaries operate in a developing state, and specifically where the foreign subsidiary is alleged to have violated norms of universal human rights. It examines current legal theory, and offers a comparative perspective on legislative and judicial traditions and innovations in several home states of large multinational …
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Access-To-Justice Analysis On A Due Process Platform, Ronald A. Brand
Articles
In their article, Forum Non Conveniens and The Enforcement of Foreign Judgments, Christopher Whytock and Cassandra Burke Robertson provide a wonderful ride through the landscape of the law of both forum non convenience and judgments recognition and enforcement. They explain doctrinal development and current case law clearly and efficiently, in a manner that educates, but does not overburden, the reader. Based upon that explanation, they then provide an analysis of both areas of the law and offer suggestions for change. Those suggestions, they tell us, are necessary to close the “transnational access-to-justice gap” that results from apparent differences between rules …
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Remarks On The Gjil Symposium On Corporate Responsibility And The Alien Tort Statute, Vivian Grosswald Curran
Articles
The following essay is a summary of remarks I delivered at the symposium on corporate responsibility and the Alien Tort Statute held at Georgetown Law School after the first Kiobel v. Royal Dutch Petroleum Co. Supreme Court oral argument. My remarks addressed the importance of considering foreign national law when judging the meaning of universal civil jurisdiction, and, implicitly, the inextricability of domestic from international law matters.
Globalization, Legal Transnationalization And Crimes Against Humanity: The Lipietz Case, Vivian Grosswald Curran
Globalization, Legal Transnationalization And Crimes Against Humanity: The Lipietz Case, Vivian Grosswald Curran
Articles
Decided in June, 2006, the Lipietz case marks the unofficial entry into the French legal system of a tort action for complicity in crimes against humanity. It both departs from prior, established French law and reflects numerous mechanisms by which national law is transnationalizing. The case illustrates visible, invisible, substantive and methodological changes that globalization is producing as law's transnationalization changes national law. It also suggests some of the difficulties national legal systems face as their transnationalization produces legal change at a rate that outpaces the national capacity for efficient adaptation. The challenges illustrated by Lipietz, characteristic of globalization, include …