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Articles 1 - 27 of 27
Full-Text Articles in Law
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Corporations As Ships: An Inquiry Into Personal Accountability And Institutional Legitimacy , Art Wolfe
Pepperdine Law Review
No abstract provided.
Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers
Striking The Wrong Balance: Constituency Statutes And Corporate Governance , Edward D. Rogers
Pepperdine Law Review
No abstract provided.
Parliamentary Oversight Of The Executive In India, Anirudh Burman
Parliamentary Oversight Of The Executive In India, Anirudh Burman
Anirudh Burman
The need for a strong monitoring mechanism of the executive in India has been made clearer by recent allegations of corruption against high-ranking officials of the central government. The Indian Parliament is the ideal institution to perform such a monitoring function through oversight of the central executive. The executive in India is directly accountable to the Parliament. Making oversight by Parliament stronger and more effective would therefore increase the accountability of the executive. Additionally, an increased oversight role would allow for greater policy inputs from Parliament to the executive. It would also increase the general level of expertise within Parliament …
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Accountability And The Sri Lankan Civil War, Steven R. Ratner
Articles
Sri Lanka's civil war came to a bloody end in May 2009, with the defeat of the Liberation Tigers of Tamil Eelam (LTTE) by Sri Lanka's armed forces on a small strip of land in the island's northeast. The conflict, the product of long-standing tensions between Sri Lanka's majority Sinhalese and minority Tamils over the latter's rights and place in society, had begun in the mid-1980s and ebbed and flowed for some twenty-five years, leading to seventy to eighty thousand deaths on both sides. Government repression of Tamil aspirations was matched with ruthless LTTE tactics, including suicide bombings of civilian …
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang
Rena I. Steinzor
This briefing paper examines the agricultural secrecy granted by section 1619 of the 2008 Farm Bill, its implications for transparency and oversight, and its impact on other federal agencies such as the U.S. Environmental Protection Agency (EPA). In an era of fiscal responsibility, tight budgets, and increasing pressure on the environment, the public has a right to know whether the U.S. Department of Agriculture (USDA) is making the best decisions about how to allocate public funds. Each year, agricultural producers in the United States receive billions of dollars in federal payments: crop subsidies, crop insurance, conservation payments, disaster payments, loans, …
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang
Agricultural Secrecy: Going Dark Down On The Farm: How Legalized Secrecy Gives Agribusiness A Federally Funded Free Ride, Rena I. Steinzor, Yee Huang
Faculty Scholarship
This briefing paper examines the agricultural secrecy granted by section 1619 of the 2008 Farm Bill, its implications for transparency and oversight, and its impact on other federal agencies such as the U.S. Environmental Protection Agency (EPA). In an era of fiscal responsibility, tight budgets, and increasing pressure on the environment, the public has a right to know whether the U.S. Department of Agriculture (USDA) is making the best decisions about how to allocate public funds.
Each year, agricultural producers in the United States receive billions of dollars in federal payments: crop subsidies, crop insurance, conservation payments, disaster payments, loans, …
Drones And Democracy: Missing Out On Accountability?, Benjamin R. Farley
Drones And Democracy: Missing Out On Accountability?, Benjamin R. Farley
Benjamin R Farley
This article examines whether unmanned aerial vehicles (“drones”) allow the U.S. executive branch to make use-of-force decisions that escape accountability. It identifies three accountability mechanisms that should constrain use-of-force decisions: political accountability; fiscal and supervisory accountability; and legal accountability. It examines the effectiveness of these accountability mechanisms in the abstract and how the unique features of drones interact with these mechanisms. Finally, this article suggests that drones exacerbate preexisting weaknesses in the accountability system governing U.S. use-of-force decisions, potentially leading to unaccountable use-of-force decisions which, in turn, are likely to be riskier and may increase the likelihood of policy failure.
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Denial And Codependence In Domestic Violence By Adult Children On Their Elderly Parents , Preston Mighdoll
Marquette Elder's Advisor
This case study of an adult son who physically abused his parents and the cycle of the case through the legal system is an eye-opener of how difficult it is to protect vulnerable elderly parents from dysfunctional and abusive adult children. Mighdoll discusses the results of enabling, parent denial, ineffective no contact orders, lack of evidence, and the need for an elderly hearsay exception.
Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler
Ensuring Public Trust At The Municipal Level: Inspectors General Enter The Mix, Patricia E. Salkin, Zachary Kansler
Patricia E. Salkin
Although federal, state and local government officials are subject to applicable codes of ethical conduct and are under the jurisdiction of ethics enforcement agencies created pursuant to these laws, ethics oversight agencies are limited in the breadth and scope of covered activities. With an increase in reported allegations of corruption, particularly at the local government level, this article explores the addition of the audit function, through inspectors general, to ensure greater transparency and accountability of public officials. The article begins with a very brief historical overview of the emergence of the inspector general concept in Europe and its adoption in …
Evaluating Citizen Petition Procedures: Lessons From An Analysis Of The Nafta Environmental Commission, David L. Markell, John H. Knox
Evaluating Citizen Petition Procedures: Lessons From An Analysis Of The Nafta Environmental Commission, David L. Markell, John H. Knox
Scholarly Publications
The NAFTA Environmental Commission’s citizen petition process is an important experiment in “new governance” because of its emphasis on citizen participation, accountability, and transparency as strategies to enhance government legitimacy and improve government performance. Its focus on promoting compliance and enforcement adds to its importance for those interested in those central aspects of the regulatory process. The procedure has had a rocky start in many respects, although there are signs that in some cases it has had a positive impact.
This Article sets forth what we perceive to be the promise of the process, the pitfalls that have undermined its …
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Rena I. Steinzor
This report provides a substantive and detailed look at the concentrated animal feeding operations (CAFO) and other animal feeding operations (AFO) programs in Maryland and Pennsylvania, as well as a general overview of the federal CAFO program. The information in this report was gathered through publicly available resources as well as a series of interviews with agency officials and other individuals who work with the animal agricultural sector. This report identifies concrete and practical recommendations for improving how the waste generated by animal industrial agriculture is managed and controlled by EPA, the Maryland Department of Environment (MDE), and the Pennsylvania …
Deliberative Accountability Rules In Inheritance Law: Promoting Accountable Estate Planning, Shelly Kreiczer-Levy
Deliberative Accountability Rules In Inheritance Law: Promoting Accountable Estate Planning, Shelly Kreiczer-Levy
University of Michigan Journal of Law Reform
In the last few decades, the emerging trend in trust and estate law has been a steady loosening of the limitations on testamentary freedom. The 1990 Uniform Probate Code pioneered some of these developments. Construction rules are no exception. It is widely accepted that testamentary construction rules should track the owner's presumed intent. In this Article, I argue that there is also room, alongside these intent-furthering rules, for intent-defeating rules in inheritance law. A property owner lacks incentives to internalize the relational, familial, or economic effects of her allocation. Such rules, termed deliberative accountability rules, are therefore designed to foster …
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Manure In The Bay: A Report On Industrial Animal Agriculture In Maryland And Pennsylvania, Rena I. Steinzor, Yee Huang
Faculty Scholarship
This report provides a substantive and detailed look at the concentrated animal feeding operations (CAFO) and other animal feeding operations (AFO) programs in Maryland and Pennsylvania, as well as a general overview of the federal CAFO program. The information in this report was gathered through publicly available resources as well as a series of interviews with agency officials and other individuals who work with the animal agricultural sector. This report identifies concrete and practical recommendations for improving how the waste generated by animal industrial agriculture is managed and controlled by EPA, the Maryland Department of Environment (MDE), and the Pennsylvania …
Negotiating The Interface Of Environmental And Economic Governance: Nova Scotia's Environmental Goals And Sustainable Prosperity Act, William Lahey, Meinhard Doelle
Negotiating The Interface Of Environmental And Economic Governance: Nova Scotia's Environmental Goals And Sustainable Prosperity Act, William Lahey, Meinhard Doelle
Dalhousie Law Journal
The year 2012 marks the fifth anniversary of the Environmental Goals and Sustainable Prosperity Act (EGSPA). The Act is an experiment in improving government performance in promoting sustainable prosperity through the process of setting legislative goals and enhancing accountability This article provides an overview of the Act and an assessment of its performance over these first five years. As such, it supplies the context for the other contributions to the collection of essays on EGSPA in this issue of the Journal. The authors conclude that the Act has had a positive impact on government action on sustainable prosperity and that …
The Benefits Of Capture, Dorit R. Reiss
The Benefits Of Capture, Dorit R. Reiss
Dorit R. Reiss
Observers of the administrative state warn against “capture” of administrative agencies and lament its disastrous effects. This article suggests that the term “capture”, applied to a close relationship between industry and regulator, is not useful—by stigmatizing that relationship, judging it as problematic from the start, it hides its potential benefits. The literature on “capture” highlights its negative results—lax enforcement of regulation; weak regulations; illicit benefits going to industry. This picture, however, is incomplete and in substantial tension with another current strand of literature which encourages collaboration between industry and regulator. The collaboration literature draws on the fact that industry input …
The Numbers Dilemma: The Chimera Of Modern Police Accountability Systems, James F. Gilsinan
The Numbers Dilemma: The Chimera Of Modern Police Accountability Systems, James F. Gilsinan
Saint Louis University Public Law Review
No abstract provided.
Police Training As An Instrument Of Accountability, David A. Klinger
Police Training As An Instrument Of Accountability, David A. Klinger
Saint Louis University Public Law Review
No abstract provided.
The Failures And Possibilities Of A Human Rights Approach To Secure Native American Women’S Reproductive Justice, Barbara Gurr
The Failures And Possibilities Of A Human Rights Approach To Secure Native American Women’S Reproductive Justice, Barbara Gurr
Societies Without Borders
This article has three purposes: the first is to bring to light current violations of Native American women’s basic right to health as these violations are produced by the federal government and imposed through the Indian Health Service. The second is to articulate the challenges of current human rights discourse in articulating and providing for Native Americans’ human rights within the United States. Third, this article offers a potential strategy for understanding and redressing the violation of Native women’s right to health through the rubric of reproductive justice. Drawing from over ten years of participant observation as well as semi-structured …
Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar
Wikileaking The Truth About American Unaccountability For Torture, Lisa Hajjar
Societies Without Borders
Grave breaches of the Geneva Conventions are international offenses and perpetrators can be prosecuted abroad if accountability is not pursued at home. The US torture policy, instituted by the Bush administration in the context of the “war on terror” presents a contemporary example of liability for gross crimes under international law. For this reason, classification and secrecy have functioned in tandem as a shield to block public knowledge about prosecutable offenses. Keeping such information secret and publicizing deceptive official accounts that contradict the truth are essential to propaganda strategies to sustain American support or apathy about the country’s multiple current …
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Collaboration And Coercion: Domestic Violence Meets Collaborative Law, Margaret B. Drew
Faculty Publications
‘Collaboration and Coercion’ addresses the systemic and individual concerns that arise when family members that have experienced abuse enter into the collaborative law process. A form of alternative dispute resolution, collaborative law is a method of resolving disputes without engagement of the legal system. The author addresses the structural and cultural difficulties that survivors of abuse encounter throughout the process as well as the ethical concerns that are raised when collaborative practitioners accept cases where the parties have a history of coercion within the intimate relationship.
The New Guiding Principles On Business And Human Rights’ Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali
The New Guiding Principles On Business And Human Rights’ Contribution In Ending The Divisive Debate Over Human Rights Responsibilities Of Companies: Is It Time For An Icj Advisory Opinion?, Jean-Marie Kamatali
Jean-Marie Kamatali
ABSTRACT: In March 2011, John Ruggie, the UN Secretary General Special Representative on the Issue of Human Rights and Transnational Corporations and other Business Enterprises (“SRSG”) released his final report on Guiding Principles on Business and Human Rights. The new standards proposed by the SRSG are based on three pillars: the state duty to protect, the corporate responsibility to respect and the access to remedy principle. This report was ordered in 2005 by the then UN Commission on Human Rights (now Human Rights Council) in order to “ to move beyond what had been a long-standing and deeply divisive debate …
Outsourcing Covert Activities, Laura T. Dickinson
Outsourcing Covert Activities, Laura T. Dickinson
GW Law Faculty Publications & Other Works
Over the past decade, the United States has radically shifted the way it projects its power overseas. Instead of using full-time employees of foreign affairs agencies to implement its policies, the government now deploys a wide range of contractors and grantees, hired by both for-profit and nonprofit entities. Thus, while traditionally we relied on diplomats, spies, and soldiers to protect and promote our interests abroad, increasingly we have turned to hired guns. Contrast the first Gulf War to later conflicts in Iraq and Afghanistan. During the Gulf War the ratio of contractors to troops was 1 to 100; now, with …
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Articles in Law Reviews & Other Academic Journals
Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan
Dead Contractors: The Un-Examined Effect Of Surrogates On The Public’S Casualty Sensitivity, Steven L. Schooner, Collin D. Swan
GW Law Faculty Publications & Other Works
Once the nation commits to engage in heavy, sustained military action abroad, particularly including the deployment of ground forces, political support is scrupulously observed and dissected. One of the most graphic factors influencing that support is the number of military soldiers who have made the ultimate sacrifice on the nation’s behalf. In the modern era, most studies suggest that the public considers the potential and actual casualties in U.S. wars to be an important factor, and an inverse relationship exists between the number of military deaths and public support. Economists have dubbed this the "casualty sensitivity" effect.
This article asserts …
The End Of The Beginning - A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin
Faculty Articles
With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General's "global compact" speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly, there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship …
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Andrew Popper
Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Beneficiaries Of Misconduct: A Direct Approach To It Theft, Andrew Popper
Andrew Popper
Stolen information technology (IT) is a domestic and global problem. Theft of IT by upstream producers has a pernicious effect on the competitive market and violates fundamental policies designed to protect those who create and invent such assets. Companies profiting from stolen IT are not just free-riding on the successes of those who design and produce the products and ideas that are a driving force in the U.S. economy – they are destabilizing rational pricing and distorting lawful competition by virtue of outright theft. Current legal recourse is insufficient to address such misconduct; new approaches are needed at the state …