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Articles 1 - 24 of 24
Full-Text Articles in Law
Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen
Building Sector-Based Consensus: A Review Of The Epa's Common Sense Initiative, Cary Coglianese, Laurie K. Allen
All Faculty Scholarship
In the late 1990s, the U.S. Environmental Protection Agency (EPA) conducted what the agency considered to be a "bold experiment" in regulatory reinvention, bringing representatives from six industrial sectors together with government officials and NGO representatives to forge a consensus on innovations in public policy and business practices. This paper assesses the impact of the agency's "experiment" - called the Common Sense Initiative (CSI) - in terms of the agency's goals of improving regulatory performance and technological innovation. Based on a review of CSI projects across all six sectors, the paper shows how EPA achieved, at best, quite modest accomplishments. …
Preliminary Imprimaturs: Prevailing Party Status Based On Preliminary Injunctions, Bart Forsyth
Preliminary Imprimaturs: Prevailing Party Status Based On Preliminary Injunctions, Bart Forsyth
Washington and Lee Law Review
No abstract provided.
Shareholder Oppression & Dividend Policy In The.Close Corporation, Douglas K. Moll
Shareholder Oppression & Dividend Policy In The.Close Corporation, Douglas K. Moll
Washington and Lee Law Review
No abstract provided.
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Manual De Derecho Procesal Civil, Edward Ivan Cueva
Edward Ivan Cueva
No abstract provided.
Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Race Conscious Affirmative Action By Tax Exempt 501(C)(3) Corporations After Grutter And Gratz, David A. Brennen
Law Faculty Scholarly Articles
The Equal Protection Clause of the Fourteenth Amendment generally acts as a legal limit on the permissible bounds of government action. Accordingly, public universities and other government entities are constitutionally prohibited from engaging in acts that violate equal protection of the laws. The Supreme Court recently reinforced this point when it ruled, in two related cases, that public universities may consider the race of applicants when making admissions decisions, so long as an applicant's race does not amount to a deciding factor when granting admission. By its very terms, the constitutional limitation imposed by the Equal Protection Clause only directly …
Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter
Global Government Networks, Global Information Agencies, And Disaggregated Democracy, Anne-Marie Slaughter
Michigan Journal of International Law
This essay seeks to broaden our understanding of government networks by placing them in more historical context and by elaborating different types of government networks within and without traditional international institutions. After a brief overview of the literature on transgovernmentalism since the 1970s in Part I, Part H sets forth a typology of three different categories of government networks. Part III then seeks to pinpoint the specific accountability concerns associated with each type. Part IV offers one approach to answering some current accountability concerns by adapting the concept of "information agencies" from the European Union to the global level. This …
Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian
Enforcement Of Wto Rulings: An Interest Group Analysis, Mark L. Movsesian
Faculty Publications
The WTO's Dispute Settlement Understanding ("DSU") provides that disputes are to be resolved in adversarial proceedings before impartial panels of experts. These panels have authority to decide whether members' laws conform to WTO requirements; members may appeal rulings to a permanent Appellate Body within the organization, which has the final say on questions of law and legal interpretation. Under the DSU, if a member fails to comply with a final ruling in a dispute, the prevailing party may retaliate by suspending trade concessions that it owes the offending member. This retaliation can continue until the offending member implements the WTO's …
The Utility Of An International Legal Approach To The Jerusalem Question, Davinia Aziz
The Utility Of An International Legal Approach To The Jerusalem Question, Davinia Aziz
Davinia Aziz
International law has not acquitted itself well when invoked to assist in the resolution of the Israeli-Palestinian conflict. Imprecisely-articulated claims and interests framed in terms of charges and counter-charges of terrorism, respective rights to self-determination, sovereignty and illegal uses of force fail to capture the complexity of reality. Juxtaposing international law's stencil-like approach to this very complex reality illuminates the law's limitations. The law is inhibited by a restricted recognition of sources of legitimacy, rooted in the ethnocentric secularism of the American and Western European powers controlling its development. This article argues that despite its apparent shortcomings, international law is …
The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro
The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro
NYLS Law Review
No abstract provided.
The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks
The Growing Impact Of Non-State Actors On The International And European Legal Systems, Angela M. Banks
Faculty Publications
No abstract provided.
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Some Troubling Elements In The Treaty Language Of The Rome Statute Of The International Criminal Court, Catherine R. Blanchet
Michigan Journal of International Law
This Note will examine problems that arise from the language of the Rome Statute itself. Part II will examine the potential strategic uses of the Rome Statute's jurisdictional aspects. It will also examine how the fairness concerns raised by this potential usage are exacerbated when the potential State abuser is a permanent member of the Security Council. Part III will look at the language of the Rome Statute's definition of crimes against humanity. It will also examine the various and varying interpretations of this language by the scholars and commentators who have examined the issue.
A Guide To International And Foreign Legal Research Online, Jennifer L. Selby
A Guide To International And Foreign Legal Research Online, Jennifer L. Selby
Law Librarian Scholarship
Today, legal researchers in foreign and international law can enhance their search capabilities with web-based resources. However, a few caveats about doing foreign and international legal research on the web include: 1) not all material is available through the web, and the web is not always the fastest way to obtain materials; and 2) the web can be a good source of current and recent information, however, often older legal materials are not found on the web.
Improving Charitable Accountability, James J. Fishman
Improving Charitable Accountability, James J. Fishman
Elisabeth Haub School of Law Faculty Publications
This Article focuses upon a persistent problem of the nonprofit sector--its lack of accountability to the public. Director, officer, and organizational responsibilities will be analyzed. Past and current approaches to secure accountability of charitable assets will be discussed, and a proposal for improving charitable accountability will be suggested through the creation of public-private charity commissions at the state level under the aegis of the attorney general.
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
The Concept Of Accountability In World Politics And The Use Of Force, Robert O. Keohane
Michigan Journal of International Law
This paper proceeds as follows. In Part I, the author discuss a pluralistic theory of accountability. He begins by defining accountability in a standard fashion, emphasizing two conditions: the availability of information to accountability-holders, and their ability to sanction power-wielders. The author then proceeds to discuss a pluralistic conception of accountability systems. Part II then develops a typology of eight accountability mechanisms, all of which are found in democratic societies, but not all of which are democratic per se. Part III builds on the Jacobson-Ku discussion of the current practices, relative to accountability, of the Security Council and asks …
The Charter Of The United Nations: A Commentary Of Bruno Simma's Commentary, Alain Pellet
The Charter Of The United Nations: A Commentary Of Bruno Simma's Commentary, Alain Pellet
Michigan Journal of International Law
Review of The Charter of the United Nations: A Commentary (Bruno Simma, Hermann Mosler, Albrecht Randelzhofer, Christian Tomuschat, Rüdiger Wolfrum, Andreas Paulus, Eleni Chaitobu eds.)
Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers
Prosecuting Human Rights Violations In Europe And America: How Legal System Structure Affects Compliance With International Obligations, Micah S. Myers
Michigan Journal of International Law
Will states really live up to these obligations? Are some states, and some legal systems, better equipped to do so than others? After all, it is one thing to commit to prosecuting horrendous offenses, or to recognize that there is an obligation under customary international law to do so, yet it is quite another to actually prosecute the perpetrators of such an offense; this is particularly the case when the government has a strong desire not to prosecute, because the accused are members of the government, because they are strong supporters of it, because they are foreign allies of the …
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Problem-Solving Negotiation: Northern Ireland's Experience With The Women's Coalition Symposium, Jacqueline Nolan-Haley, Bronagh Hinds
Faculty Scholarship
This paper is part of a Symposium that considered the relevance of domestic conflict resolution theories in broader cultural contexts. The Northern Ireland Women's Coalition (Women's Coalition) participated in the negotiations leading up to the 1998 Good Friday/Belfast Agreement. Members of the Woman's Coalition responded to thirty years of sectarian violence with a negotiation process based on accommodation, inclusion, and relationship building, concepts that resonate with American-style problem-solving negotiation. Using the Women's Coalition as a case study, this Article suggests that there are procedural aspects of problem-solving negotiation theory that may work across domains, specifically in multi-party, intractable conflict situations, …
Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short
Sexual Violence As Genocide: The Developing Law Of The International Criminal Tribunals And The International Criminal Court, Jonathan M.H. Short
Michigan Journal of Race and Law
This note will explore the treatment of the two primary violent sexual acts, rape and forced pregnancy, in modern international criminal law; more specifically in its treatment as genocide. The woman as an individual is the primary sufferer of sexual violence during armed conflict, however sexual violence is a calculated means by which perpetrators seek to destroy an entire ethnic group. Sexual violence is both an attack against the woman and an attack against the ethnic group, and should be prosecuted as such. While crimes against individuals are best prosecuted as crimes against humanity or under domestic law, crimes committed …
The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan
The Dormant Commerce Clause And The Hormones Problem, Donald H. Regan
Book Chapters
It is obvious that no anti-discrimination regime can stop at forbidding explicit discrimination of the relevant sort. If only explicit discrimination is forbidden, lawmakers who want to discriminate can hide their discriminatory intentions behind facially neutral classifications that are nonetheless chosen because they differentially burden the protected class. So, we must be prepared to invalidate some facially neutral laws that have "discriminatory effect" or, as American lawyers often call it, "disparate impact." On the other hand, we cannot possibly invalidate all laws which have a disparate impact on a protected class; many perfectly reasonable laws adopted for completely innocent purposes …
Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster
Internal Protection/Relocation/Flight Alternative As An Aspect Of Refugee Status Determination, James C. Hathaway, Michelle Foster
Book Chapters
In many jurisdictions around the world, the possibility of an ‘internal flight alternative’(IFA) (often referred to as ‘internal relocation alternative’) is invoked to deny refugee status to persons at risk of being persecuted for a Convention reason in part, but not all, of their country of origin. In this, as in so many areas of refugee lawand policy, the viability of a universal commitment to protection is challenged by divergence in State practice. The goals of this paper are therefore, first, briefly to review the origins and development of the practice of considering IFA as an aspect of the refugee …
Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan
Do World Trade Organization Dispute Settlement Reports Affect The Obligations Of Non-Parties? -- Response To Mcnelis, Donald H. Regan
Articles
In the June 2003 issue of this Journal, Natalie McNelis argued that when a World Trade Organization (WTO) dispute is settled by a Dispute Settlement Body (DSB) report, even Members who are not parties to the dispute have an obligation to conform their behaviour to legal principles laid down in the report. 1 Although I am generally sympathetic to McNeis's conclusion-and although I think she does a great service by directing our attention to the question of how Members, as opposed to later tribunals, should respond to DSB reports-I think her argument cannot stand as she presents it. After explaining …
Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan
Further Thoughts On The Role Of Regulatory Purpose Under Article Iii Of The General Agreement On Tariffs And Trade: A Tribute To Bob Hudec, Donald H. Regan
Articles
My topic in this article is the role of regulatory purpose under Article III of the GATT, and I regard Bob [Hudec] as the patron saint of efforts to establish the relevance of purpose. His famous "Requiem for an 'Aims and Effects' Test" may have been called a requiem, but it was reluctant and sceptical. Bob thought dispute settlement tribunals ought to consider the regulator's purpose, and he thought they would do so, whatever they said. As decisions on Article III accumulate, we are in the process of learning that he was right on both counts.
Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser
Dismembering Civil Society: The Social Cost Of Internally Undemocratic Nonprofits, Dana Brakman Reiser
Faculty Scholarship
No abstract provided.
State Laws And The Independent Judiciary: An Analysis Of The Effects Of The Seventeenth Amendment On The Number Of Supreme Court Cases Holding State Laws Unconstitutional, Donald J. Kochan
Donald J. Kochan
In recent years, the Seventeenth Amendment has been the subject of legal scholarship, congressional hearings and debate, Supreme Court opinions, popular press articles and commentary, state legislative efforts aimed at repeal, and activist repeal movements. To date, the literature on the effects of the Seventeenth Amendment has focused almost exclusively on the effects on the political production of legislation and competition between legislative bodies. Very little attention has been given to the potential adverse effects of the Seventeenth Amendment on the relationship between state legislatures and the federal courts. This Article seeks to fill part of that literature gap, applying …