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Articles 1 - 30 of 47
Full-Text Articles in Law
Just Measures: A Methodology For Assessing The Global Value Added Of Corporate Activities, Alexander A. Boni-Saenz, Chih-Hung Chang, Ajan Reginald, Ravi Kacker
Just Measures: A Methodology For Assessing The Global Value Added Of Corporate Activities, Alexander A. Boni-Saenz, Chih-Hung Chang, Ajan Reginald, Ravi Kacker
All Faculty Scholarship
This article accepts the premise of stakeholder theory, which asserts that corporations, like other human-run entities, have obligations to all parties affected by their actions. As such, corporations should be given suitable credit for projects that add value for these stakeholders, as well as held accountable for any damage done. To provide this credit and accountability, measurement is necessary. The methodology of measurement for corporate social value creation is in its infancy. Models are incomplete, measures are not validated, and methods used to estimate net value accumulated from different domains need improvement. This article builds on one model of global …
No Way To Deal With Slums, Bernadette Atuahene
No Way To Deal With Slums, Bernadette Atuahene
All Faculty Scholarship
No abstract provided.
The Common Core Of European Private Law: The Project And Its Books, David J. Gerber
The Common Core Of European Private Law: The Project And Its Books, David J. Gerber
All Faculty Scholarship
No abstract provided.
Whose Public?: Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
Whose Public?: Parochialism And Paternalism In State Charity Law Enforcement, Evelyn Brody
All Faculty Scholarship
This piece was inspired by the increasing tendency of State attorneys general – backed up by courts and legislatures – to effectively confiscate the assets of wealthy nonprofits through overreaching enforcement actions. The article develops a legal framework for ascertaining the proper State role. It reviews many case studies including, most notoriously, the thwarted diversification of the Milton Hershey School Trust out of Hershey Foods Corporation (an investment worth over $5 billion) – thereby preserving the local operations of a publicly traded company. While few state attorneys general have the funding and inclination to engage in aggressive charity enforcement, the …
Economic Sustainability And Final Status For Kosovo, Henry H. Perritt Jr.
Economic Sustainability And Final Status For Kosovo, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Final Status For Kosovo And Economic Sustainability, Henry H. Perritt Jr.
Final Status For Kosovo And Economic Sustainability, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Iraq And The Future Of United States Foreign Policy: Failures Of Legitimacy, Henry H. Perritt Jr.
Iraq And The Future Of United States Foreign Policy: Failures Of Legitimacy, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Providing Judicial Review For Decisions By Political Trustees, Henry H. Perritt Jr.
Providing Judicial Review For Decisions By Political Trustees, Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Exporting The Constitution, Mark D. Rosen
Exporting The Constitution, Mark D. Rosen
All Faculty Scholarship
If a foreign government enacts a law that would be unconstitutional if passed in the United States, can a foreign judgment based on that law be enforced in an American court? For example, can an American court enforce an English judgment based on English defamation law, which is more pro-plaintiff than the First Amendment permits American law to be? The same issue was presented by recent litigation involving Yahoo!, where a federal district court considered whether it could enforce a French judgment based on a French law that regulated hate speech more broadly than the First American allows American polities …
Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen
Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen
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In an earlier article I demonstrated that American courts are not constitutionally precluded from enforcing foreign judgments based on foreign laws that the Constitution prevents American governments from enacting. (Exporting the Constitution, 53 Emory L. J. 171 (2004)). Consider, for instance, an English defamation judgment based on English law, which is more pro-plaintiff than the First Amendment permits American law to be. I showed that although the English judgment may well be un-American insofar as it come from a non-American polity and reflects political values that are at variance with American constitutional law, neither the judgment itself nor its enforcement …
A Tax Teacher Tries Law And (Dramatic) Literature, Jeffrey G. Sherman
A Tax Teacher Tries Law And (Dramatic) Literature, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Law's Lunacy: W.S. Gilbert And His Deus Ex Lege, Jeffrey G. Sherman
Law's Lunacy: W.S. Gilbert And His Deus Ex Lege, Jeffrey G. Sherman
All Faculty Scholarship
No abstract provided.
Leadership Opportunities Hiding In Plain View (With Harold J. Krent), Ronald W. Staudt
Leadership Opportunities Hiding In Plain View (With Harold J. Krent), Ronald W. Staudt
All Faculty Scholarship
No abstract provided.
Shining A Light In A Dim Corner: Standing To Appeal And The Right To Defend A Judgment In The Federal Courts, Joan E. Steinman
Shining A Light In A Dim Corner: Standing To Appeal And The Right To Defend A Judgment In The Federal Courts, Joan E. Steinman
All Faculty Scholarship
No abstract provided.
A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock
A Brief Examination Of The History Of The Persistent Debate About Limits To Western Growth, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock
A First Look At A Modern Legal Regime For A "Post-Modern" United States Army Corps Of Engineers, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
Water Law Reform In West Virginia: The Broader Context, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Rights, Rationality, And The Preemption Of Reasons, Richard Warner
Rights, Rationality, And The Preemption Of Reasons, Richard Warner
All Faculty Scholarship
No abstract provided.
Legal Title To Land As An Intervention Against Urban Poverty In Developing Nations, Bernadette Atuahene
Legal Title To Land As An Intervention Against Urban Poverty In Developing Nations, Bernadette Atuahene
All Faculty Scholarship
One intervention intended to ameliorate poverty and its subsidiary effects is the distribution of legal title to land to poor urban dwellers, otherwise known as land titling. Given the billions of dollars that the World Bank, country-based development agencies, regional development banks, and developing countries themselves have spent on land titling programs, it has become one of the most important property law issues confronting the developing world. Several countries have undertaken comprehensive urban land titling programs to transform the dwellings of those who live in the squalor of squatter settlements into assets recognized by the formal sector. This Article accepts …
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
Bargaining Or Biology? The History And Future Of Paternity Law And Parental Status, Katharine K. Baker
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In practice, paternity rulings are remarkably unimportant. With the exception of state welfare authorities pursuing mostly impoverished biological fathers, few paternity actions are brought, few mothers want to bring them and (even with state-sponsored pursuit) very few dollars get transferred to children as a result of them. In theory, however, paternity judgments are very and perniciously important because they keep alive the biological fatherhood ideal, an ideal that has never been reflected in law or fact and that is inconsistent with the emerging law of parental rights and responsibilities. This article challenges the biological fatherhood ideal and suggests that contract, …
A Bridge Too Far: The Fall Of The Fifth Wto Ministerial Conference In Cancún And The Future Of Trade Constitution, Sungjoon Cho
A Bridge Too Far: The Fall Of The Fifth Wto Ministerial Conference In Cancún And The Future Of Trade Constitution, Sungjoon Cho
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This article is intended to contribute to the process of diagnosis and prescription in response to the fiasco of the Fifth WTO Ministerial Conference in Cancún, Mexico, in September 2003. The article sketches previous WTO Ministerial Conferences in an attempt to glimpse the root of the problems that eventually caused the collapse of the Cancún Conference. It then focuses on the main developments in Cancún and offers a 'post-mortem', not in an attempt to place blame but to better understand what went wrong. It observes that North-South tension is likely to continue for the time being while rich countries, especially …
The Nature Of Remedies In International Trade Law, Sungjoon Cho
The Nature Of Remedies In International Trade Law, Sungjoon Cho
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Overemphasizing the sanctions aspect of the WTO law, which is partly attributable to an effort to placate the U.S. Congress into the ratification of the Uruguay Round, tends to create a misguided, distorted image of the WTO, one close to a super body reigning and commandeering over its member countries, rather than one akin to a legal community. This paper questions the conventional belief regarding the efficacy of the WTO sanctions in light of remedies and attempts to reconceptualize the true nature of WTO remedies. Part I examines how the concept of remedies has evolved through the history of the …
The Wto’S Gemeinschaft, Sungjoon Cho
The Wto’S Gemeinschaft, Sungjoon Cho
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This Article focuses on the current development-related problems in the global trading system. A widening income gap and widespread poverty among trading nations denote the WTO’s Gesellschaftian nature—interest and power—resulting in structural distortion and manipulation. This Article maintains that the global trading system can achieve its development agenda and become fair and legitimate only through a critical paradigmatic transformation enabled by the configuration of the “WTO’s Gemeinschaft.” This Article observes that a fundamental legal precept, the “Law of Nations” (jus gentium), plays a critical role in actualizing this communitarian telos. Part II redefines the global trading system through the theoretical …
Embracing The Writing-Centered Legal Process, Suzanne Ehrenberg
Embracing The Writing-Centered Legal Process, Suzanne Ehrenberg
All Faculty Scholarship
No abstract provided.
Public Company Shareholders Acting As Owners: Three Reforms--Introducing The "Oversight Shareholder" (With E. Fogel & D. Addis), Edward C. Harris
Public Company Shareholders Acting As Owners: Three Reforms--Introducing The "Oversight Shareholder" (With E. Fogel & D. Addis), Edward C. Harris
All Faculty Scholarship
No abstract provided.
The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, (With C. Mooney, Jr.)., Steven L. Harris
The Unfortunate Life And Merciful Death Of The Avoidance Powers Under Section 103 Of The Durbin-Delahunt Bill: What Were They Thinking?, (With C. Mooney, Jr.)., Steven L. Harris
All Faculty Scholarship
No abstract provided.
Leadership Opportunities Hiding In Plain View (With Ronald W. Staudt), Harold J. Krent
Leadership Opportunities Hiding In Plain View (With Ronald W. Staudt), Harold J. Krent
All Faculty Scholarship
No abstract provided.
The Emerging Section 1983 Private Party Defense, Sheldon Nahmod
The Emerging Section 1983 Private Party Defense, Sheldon Nahmod
All Faculty Scholarship
No abstract provided.
Ecological Science For Lawyers: A Book Review, Fred P. Bosselman
Ecological Science For Lawyers: A Book Review, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.
A Dozen Biodiversity Puzzles, Fred P. Bosselman
A Dozen Biodiversity Puzzles, Fred P. Bosselman
All Faculty Scholarship
No abstract provided.