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Full-Text Articles in Law

What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle Jan 2006

What You Don't Know Can Hurt You: Human Rights, Shareholder Activism And, Eric A. Engle

Eric A. Engle

Though in theory shareholders have several ways to influence their corporation's behavior, in practice they generally cannot. This may explain the absence of literature on binding governance mechanisms to protect human rights: remedies which theoretically exist are ineffective in practice. To remedy this problem, this article recommends that the few existing mechanisms should be used whenever possible, reformed to become better, and that the SEC should require companies to report on their human rights, environmental, and labor elations practices because that information is material to investment decisions. The risks can be shown in terms of cold cash: corporations which violate …


The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle Jan 2006

The Alien Tort Statute And The Torture Victims' Protection Act: Jurisdictional Foundations And Procedural Obstacles, Eric A. Engle

Eric A. Engle

Outlines the jurisdictional and procedural obstacles to alien tort claims and claims under the torture victims's protection act and presents solutions to them.


I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle Jan 2006

I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle

Eric A. Engle

The European Union ("EU") implements a Common Foreign and Security Policy. This paper argues EU Foreign policy is incohesive, but growing more cohesive. The EU poses no threat to U.S. interests; however, poses only limited opportunities for U.S. foreign policy because the U.S. has relentlessly pursued a short-sighted and self-destructive foreign policy since 2002. The paper elaborates this thesis by considering institutional actors and historical experiences. Thus, it provides an overview of the institutional structure of the EU Common Foreign and Security Policy, as well as an overview of historic experiences of EC foreign policy.


Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle Jan 2006

Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle

Eric A. Engle

The article argues that Europe is a confederation, that confederations can be one form of state, and that the EU is best apprehended not as a sui generis entity like the British Commonwealth but as a weak and limited confederal state.


Universal Human Rights: A Generational History, Eric A. Engle Dec 2005

Universal Human Rights: A Generational History, Eric A. Engle

Eric A. Engle

The article outlines the generational theory of human rights evolving from first generation procedural individual freedoms from through second generation collective rights to into third generational aspirational goals. That model is generally true but womens rights and rights of non-white persons do not perfectly fit into that model being approximately one or even two generations delayed.


The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle Dec 2005

The Eu Means Business: A Survey Of Legal Challenges And Opportunities, Eric A. Engle

Eric A. Engle

The article outlines European Union company law -- the SE, insider trading, taxation and related regulations and directives of the European Union and notes the parallels between U.S. and E.U. insider trading law - E.U. insider trading law has been clearly formed by U.S. law and does parallel it.


Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle Dec 2005

Extraterritorial Corporate Criminal Liability: A Remedy For Human Rights Violations?, Eric A. Engle

Eric A. Engle

Examines the extraterritorial application of U.S. criminal law in the context of corporations.