Law Commons^™

Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphne Richemond-Barak

Daphne Richemond-Barak

Various efforts have been undertaken in recent years to clarify the legal framework governing the outsourcing of security and military functions to private actors. While national and international legislation have made little progress, self-regulation has advanced steadily. The article provides the first normative assessment of self-regulation in the private security and military industry – and as such offers interesting insights for other industries that are transnational in reach and under-regulated by domestic, regional, and international law. Though industry critics tend to deplore the normative 'softness' of self-regulation and its voluntary nature, it appears to have shifted behavioral norms and triggered …

Electronic Health Records In The Global Market: Enforcing Security Overseas, Luis J. Acevedo

Luis J Acevedo

ABSTRACT

As the U.S. implements its chimerical plan to contain health care costs and improve the provision of services, aided by the much desired implementation of Electronic Health Records (EHRs) technology, the possibility of an increase in the outsourcing of health care services surfaces. The ordinary citizen should be worried. The protected health information (PHI) contained in their EHRs could be at greater risk when stored, accessed or transmitted overseas. Our current federal regulatory framework does not provide adequate protection because our enforcement mechanisms to ensure the security of data do not extend beyond the U.S. borders. The remedies available …

Harmonization Of International Legal Structure For Fostering Professional Services: Lessons From Early U.S. Federal-State Relations, Deth Sao

Deth Sao

In the current global marketplace, liberalization of trade in professional services (“services”) presents one of the biggest challenges and profitable opportunities for the international community. Changes in technology and state privatization polices over the past half century have made services the fastest growing sector in international trade. Despite such a transformation, the potential for further innovation and expansion in the services industries is in jeopardy. In response to public policy and regulatory concerns and political pressures to protect domestic jobs and industries, states have adopted a plethora of state-initiated discriminatory and restrictive policies against trade in services. Because existing international …

From Acquired Rights To Reverse Tupe: Employment Law Issues In Global Outsourcing Transactions, Ute Krudewagen, Carole Spink

Ute Krudewagen

The article analyzes the numerous employment law issues that arise in global outsourcing transactions. For many of these issues, there are no clear-cut answers on how a company (or the potential service provider) should proceed. For example, in some countries, relevant employees transfer by operation of law to the service provider, even if the parties do not with this to occur. In these circumstances, the parties will need to make important decisions on what to do with any “unwanted” employees who transfer automatically in spite of the parties’ intent. Similarly, the termination of “unwanted” employees can also pose its own …

The Ethics Of Legal Process Outsourcing To India—Is The Practice Of Law A "Noble Profession," Or Is It Just Another Business?, Aaron R. Harmon

Aaron R. Harmon

Published as “The Ethics of Legal Process Outsourcing—Is the Practice of Law a ‘Noble Profession,’ or is it Just Another Business?” 13 U. of Fl. J. Tech. L. & Pol’y 41 (June 2008). In this Article, I analyze the emergence of LPO in India, as well as the ethical considerations raised for firms that offshore legal work. I focus on India, where the industry has evolved most rapidly, for two reasons. First, as a result of British colonization, many Indian workers speak English fluently, thereby facilitating an East-West synergy more easily than other countries. Second, India utilizes a common law …

Cross-Border Outsourcing: U.S. International Tax Pitfalls, Pratfalls, And Opportunities, Anthony C. Infanti

Anthony C. Infanti

During the past decade, there has been a surge in outsourcing by businesses both in the United States and abroad. In the face of this surge in outsourcing as well as the trend toward outsourcing activities that come closer and closer to a business' "core," some commentators have underscored the need for businesses to make an educated decision about whether and what to outsource. This article, which, as its title indicates, is particularly concerned with cross-border outsourcing, is written in the same vein. It provides a non-exhaustive examination of the myriad of circumstances under which a decision to outsource the …