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Selected Works

2016

Discipline
Institution
Keyword
Publication

Articles 1681 - 1691 of 1691

Full-Text Articles in Law

Indigenous Rights, Environmental Rights, Or Stakeholder Engagement? Comparing Ifc And Oecd Approaches To The Implementation Of The Business Responsibility To Respect Human Rights, Sara L. Seck Dec 2015

Indigenous Rights, Environmental Rights, Or Stakeholder Engagement? Comparing Ifc And Oecd Approaches To The Implementation Of The Business Responsibility To Respect Human Rights, Sara L. Seck

Sara L. Seck

The Organisation for Economic Cooperation and Development (OECD) Guidelines for Multinational Enterprises (OECD MNE Guidelines) and the International Finance Corporation (IFC) Performance Standards on Environmental and Social Sustainability (IFC Performance Standards) are widely viewed as key international standards to which extractive companies operating internationally should comply. Indeed, these standards, together with the United Nations (UN) Guiding Principles on Business and Human Rights (UNGPs), are promoted by Canada in its November 2014 enhanced corporate social responsibility (CSR) strategy for extractive sector companies operating abroad. The strategy states that the Canadian government expects companies operating outside of Canada to “respect human rights …

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The Elimination Of Child "Custody" Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan Dec 2015

The Elimination Of Child "Custody" Litigation: Using Business Branding Techniques To Transform Social Behavior, Elena B. Langan

Elena B. Langan

Divorce negatively affects children; no one claims otherwise.

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Just A Bit Aside: Perverse Incentives, Cost-Benefit Imbalances, And The Infield Fly Rule, Howard M. Wasserman Dec 2015

Just A Bit Aside: Perverse Incentives, Cost-Benefit Imbalances, And The Infield Fly Rule, Howard M. Wasserman

Howard M Wasserman

In "Time to Drop the Infield Fly Rule and End a Common Law Anomaly," Judge Andrew Guilford and Joel Mallord offer the first cohesive scholarly critique of baseball's venerated and venerable Infield Fly Rule. They argue that the rule is grounded in outdated notions of sportsmanship and opposition to deception and that the game would be more exciting if players could be left to their own strategic and skillful devices on infield fly balls. This Response Essay builds on my previous work to argue that, properly understood, the Infield Fly Rule is justified, necessary, and appropriate in order to to …

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Holmes And Brennan, Howard M. Wasserman Dec 2015

Holmes And Brennan, Howard M. Wasserman

Howard M Wasserman

This article jointly examines two legal biographies of two landmark First Amendment decisions and the justices who produced them. In The Great Dissent (Henry Holt and Co. 2013), Thomas Healy explores Oliver Wendell Holmes’s dissent in Abrams v. United States (1919), which arguably laid the cornerstone for modern American free speech jurisprudence. In The Progeny (ABA 2014), Stephen Wermiel and Lee Levine explore William J. Brennan’s majority opinion in New York Times v. Sullivan (1964) and the development and evolution of its progeny over Brennan’s remaining twenty-five years on the Court. The article then explores three ideas: 1) the connections …

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Rerum Novarum: New Things And Recent Paradigms Of Property Law, M. C. Mirow Dec 2015

Rerum Novarum: New Things And Recent Paradigms Of Property Law, M. C. Mirow

M. C. Mirow

The two most recent paradigmatic moments in the development of property law were the construction of "social property" about a hundred years ago and of "international property" quite recently. This study analyses two important texts as illustrations of these changes: Leo XIII's encyclical Rerum Novarum (1891) and John Sprankling's book The International Law of Property (2014). Each text signals a paradigm shift in our understanding of property.

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The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds Dec 2015

The International Politics Of Climate Engineering: A Review And Prospectus For International Relations, Joshua B. Horton, Jesse L. Reynolds

Jesse Reynolds

An emerging set of proposed technologies to reduce risks from climate change stands to dramatically alter the international politics of climate change and potentially much more. These large-scale intentional interventions in natural systems, typically called ‘climate engineering’ or ‘geoengineering’, may be able to break through the collective action problem of greenhouse gas emissions cuts and greatly reduce climate risks rapidly and at low cost. At the same time, they pose their own environmental and social risks while potentially turning international climate politics ‘upside down’. Tensions brought about by climate engineering could conceivably lead to international conflict and pose a threat …

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Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher French Dec 2015

Revisiting Construction Defects As “Occurrences” Under Cgl Insurance Policies, Christopher French

Christopher C. French


Imagine a situation in which a homeowner hires a contractor to redo a bathroom, for example, and the work is done incompetently such that the plumbing leaks and causes damage to other parts of the house.  If the homeowner sues the contractor to recover the costs of repairing the faulty workmanship and the damage caused by the faulty workmanship, has there been an “occurrence” that is covered by the contractor’s Commercial General Liability (“CGL”) insurance policy?  This article provides an answer to that question.

The issue of whether construction defects are occurrences under CGL insurance policies has been litigated frequently …

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Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French Dec 2015

Insuring Landslides: America’S Uninsured Natural Catastrophes, Christopher French

Christopher C. French


Landslides occur in all fifty states and cause approximately $3.5 billion in property damage annually. Yet, in America, “all risk” homeowners and commercial property insurance policies exclude coverage for landslides, and there is only limited availability of expensive, stand-alone “named peril” insurance policies that cover landslide losses. Consequently, the affected homeowners are often left financially devastated—homeless with a mortgage to pay on an unsaleable piece of property.

This Article analyzes the problem of insuring landslide losses in America and proposes ways to help solve it. It describes both historical and recent landslide events. It discusses the insurance industry’s response to …

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Angry Employees, Susan D. Carle Dec 2015

Angry Employees, Susan D. Carle

Susan D. Carle

INTRODUCTION: To read federal case law decided under Title VII of the Civil Rights Act of 19641-the provision that prohibits employment discrimination on the basis of race, sex, and other characteristics-is to be struck by the continuing racial and sexual hostility in U.S. workplaces today, and also at courts' too frequent unwillingness to address it. Courts throw out plaintiffs' cases even where the facts involve such egregious employer behavior as, in the race context, supervisors repeatedly calling employees the n-word and using other racial epithets, ordering African American employees to perform work others in the same job classification do not …

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Knowing The Ropes, Craig B. Mousin Dec 2015

Knowing The Ropes, Craig B. Mousin

Craig B. Mousin

No abstract provided.

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Human Rights And Extractive Industries: Environmental Law And Standards, Sara L. Seck Dec 2015

Human Rights And Extractive Industries: Environmental Law And Standards, Sara L. Seck

Sara L. Seck

No abstract provided.

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