Open Access. Powered by Scholars. Published by Universities.®
Law Enforcement and Corrections Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
- Publication
- Publication Type
- File Type
Articles 1 - 3 of 3
Full-Text Articles in Law Enforcement and Corrections
Globalization, Legal Transnationalization And Crimes Against Humanity: The Lipietz Case, Vivian Grosswald Curran
Globalization, Legal Transnationalization And Crimes Against Humanity: The Lipietz Case, Vivian Grosswald Curran
Articles
Decided in June, 2006, the Lipietz case marks the unofficial entry into the French legal system of a tort action for complicity in crimes against humanity. It both departs from prior, established French law and reflects numerous mechanisms by which national law is transnationalizing. The case illustrates visible, invisible, substantive and methodological changes that globalization is producing as law's transnationalization changes national law. It also suggests some of the difficulties national legal systems face as their transnationalization produces legal change at a rate that outpaces the national capacity for efficient adaptation. The challenges illustrated by Lipietz, characteristic of globalization, include …
The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration, George A. Bermann
The American Law Institute Goes Global: The Restatement Of International Commercial Arbitration, George A. Bermann
Faculty Scholarship
The American Law Institute's new Restatement of the U.S. Law of International Commercial Arbitration is only barely underway, and the reporters began with a chapter, namely the recognition and enforcement of awards, that should represent for them a comfort zone of sorts within the overall project. Yet, already a number of difficult, and to some extent unexpectedly difficult, questions have arisen. Some of the difficulties stem from the very nature of an ALI Restatement project. Others stem from the nature of arbitration itself and, more particularly, from the inherent tension between arbitral and judicial functions in the arbitration arena. Still …
Responding To Potential Employee Misconduct In The Age Of The Whistleblower: Foreseeing And Avoiding Hidden Dangers, Lucian E. Dervan
Responding To Potential Employee Misconduct In The Age Of The Whistleblower: Foreseeing And Avoiding Hidden Dangers, Lucian E. Dervan
Lucian E Dervan
The number of law suits brought against corporations in the United States as a result of employee whistleblowers has risen in recent years. There are two predominant reasons for this trend. First, publicity surrounding cases such as Enron in the early 2000s have made employees more sensitive to potential misconduct in the workplace. For instance, a 2007 study found that 56% of employees reported that they had observed conduct that “violated company ethics standards, policy, or the law” in the previous twelve months. Second, employees are now more aware of the role of whistleblowers and are more likely to report …