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China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, F. Scott Kieff, Thomas D. Grant
China’S Sanctions And Rule Of Law: How To Respond When China Targets Lawyers, F. Scott Kieff, Thomas D. Grant
GW Law Faculty Publications & Other Works
The People’s Republic of China (PRC) has begun to use sanctions against people who speak out against its policies, including even lawyers in their ordinary work representing the interests of their clients. This paper explores the deleterious impact such sanctions can have on the entire legal profession, the broader community putatively served by the profession, and the rule of law.
Implementing The Social And Economic Promise Of The Constitution: The Role Of South African Legal Education, Susan R. Jones, Peggy Maisel
Implementing The Social And Economic Promise Of The Constitution: The Role Of South African Legal Education, Susan R. Jones, Peggy Maisel
GW Law Faculty Publications & Other Works
The South African Constitution recognizes socio-economic rights as a necessary foundation for the enjoyment of civil and political rights. The South African Constitution, one of the most progressive in the world, contains many important protections such as the rights to equality, housing, and education. The Broad-Based Black Economic Empowerment Law (BEE) was designated to address the economic inequities of apartheid. South Africa’s commitment to economic justice is also evidenced by the fact that it is a signatory to the International Covenant on Economic, Social and Cultural Rights (ICESCR). The challenge is translating these rights into opportunities for social and economic …
Beyond Liability: Rewarding Effective Gatekeepers, Lawrence A. Cunningham
Beyond Liability: Rewarding Effective Gatekeepers, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
This Article adds to the emerging literature on rewards to promote effective capital market gatekeeping. Capital market gatekeeping theory traditionally relies heavily on threats of legal liability for failure to perform legally mandated functions (along with a presumed constraint imposed by reputation effects). The ineffectiveness of many gatekeepers in the past decade revealed limitations of the liability strategy and yet reforms continue to emphasize legal duties and liability for gatekeepers. This emphasis also has the negative side-effect of discouraging gatekeepers from willingness to perform desired functions - such as to detect for fraud. Using rewards can induce gatekeepers to perform …
Carrots For Vetogates: Incentive Systems To Promote Capital Market Gatekeeper Effectiveness, Lawrence A. Cunningham
Carrots For Vetogates: Incentive Systems To Promote Capital Market Gatekeeper Effectiveness, Lawrence A. Cunningham
GW Law Faculty Publications & Other Works
This Article contributes a novel idea to the literature on capital market gatekeepers: positive incentive systems for gatekeepers to perform functions not required of them in exchange for rewards if they perform the functions successfully. Capital market gatekeeping theory relies upon the reputations that gatekeepers are assumed to command and protect backstopped by negative threats of legal liability for failure to perform legally mandated functions. The ineffectiveness of many gatekeepers during the late 1990s and early 2000s revealed practical limitations of the reputational constraint and the reforms that responded to the failures continue to emphasize the legal duties and legal …