Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Civil Rights and Discrimination (2)
- International Trade Law (2)
- Law and Society (2)
- Legislation (2)
- Public Law and Legal Theory (2)
-
- Social Welfare Law (2)
- Agriculture Law (1)
- American Politics (1)
- Business Organizations Law (1)
- Civil Law (1)
- Commercial Law (1)
- Comparative and Foreign Law (1)
- Constitutional Law (1)
- Courts (1)
- Dispute Resolution and Arbitration (1)
- Economics (1)
- Energy and Utilities Law (1)
- Environmental Law (1)
- Food and Drug Law (1)
- Growth and Development (1)
- Indigenous, Indian, and Aboriginal Law (1)
- International Economics (1)
- International Relations (1)
- Judges (1)
- Jurisdiction (1)
- Jurisprudence (1)
- Institution
Articles 1 - 4 of 4
Full-Text Articles in Law and Politics
Globalization And The Theory Of International Law, Frank J. Garcia
Globalization And The Theory Of International Law, Frank J. Garcia
Frank J. Garcia
The dominant modern account of the social basis of international law has been the "society of states" model. In this view, to the extent that international law constructs an ordered social space (a claim which has been contested since Hobbes if not before), it is a social space in which states are the actors. This view has had a profound effect on international law. For example, the doctrine of state responsibility classically understands international harms to individuals within a framework of harm to a state's rights. Normatively, to the extent justice is considered an operational concept in international law, it …
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan
Donald J. Kochan
This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …
Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein
Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein
Michael Epstein
In light of the fact that the Obama Administration appears committed to continuing and expanding the use of drones and targeted killing as a primary counter-terrorism method, addressing both domestic and international concerns about the legality of our drone use is no simple task. Much has been written on the topic, and various definitions and interpretations of international law have been proposed; in order to address all of these concerns simultaneously while balancing the obvious reality that drone strikes will not stop anytime soon, I propose that a domestic judicial mechanism is required. Part I of this paper demonstrates the …
Water, Climate, And Energy Security, Prof. Elizabeth Burleson
Water, Climate, And Energy Security, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Civil society participation can facilitate sound energy, climate, and water governance. This article analyzes the dynamics of transnational decision-making. Part II discusses sound energy strategy in light of a shrinking water-resources base due to climate change. Part III considers how public participation in international decision-making can sustain trust in governments and strengthen the legitimacy of legal decisions. Part IV concludes that process and outcome are both integral to addressing water, climate, and energy challenges.