Open Access. Powered by Scholars. Published by Universities.®

Transnational Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 8 of 8

Full-Text Articles in Transnational Law

Understanding Csr: An Empirical Study Of Private Self-Regulation, Benedict Sheehy Sep 2011

Understanding Csr: An Empirical Study Of Private Self-Regulation, Benedict Sheehy

Benedict Sheehy

Abstract: The article is a study of an important burgeoning form of regulation—private self-regulation—in the area of Corporate Social Responsibility (CSR). Rather than taking a purely theoretical approach or a social scientific study relying publicly reported data, the article addresses the issue by way of interview based case studies. As a study in regulation it clarifies the difference between various types of self-regulation, trade associations’ codes as private self-regulation and government sponsored self-regulation. This distinction hampers efforts to understand the important aspects of motivation and compliance. This study provides empirical examination of compliance in private self-regulation. Given the impact and …


The Costs Of Legal Change, Michael P. Van Alstine Jul 2011

The Costs Of Legal Change, Michael P. Van Alstine

Michael P. Van Alstine

No abstract provided.


Proximate Cause In Maritime Insurance, Angelo Giampietro Avv. Mar 2011

Proximate Cause In Maritime Insurance, Angelo Giampietro Avv.

Angelo Giampietro Avv.

The proximate cause in marine insurance is the “dominant cause” of the loss. It was decided per Bingham L J in T M Noten BV v Harding that the dominant cause of the loss is to be determined by “applying the common sense of a business or seafaring man.” In determining the proximate cause of the loss, The Court recognized that it had to find the cause that was proximate in efficiency, and to do so they had to apply the test of the sentence expressed by Bingham LJ. Nevertheless, at the light of the recent decision of the Supreme …


Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen Dec 2010

Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.


Introduction - Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen Dec 2010

Introduction - Comparative Law As Transnational Law: A Decade Of The German Law Journal, Russell Miller, Peer Zumbansen

Russell A. Miller

No abstract provided.


The Day The Earth Stood Still?--Reading Jürgen Habermas's Essay "February 15" Against Ian Mcewan's Novel, Russell Miller Dec 2010

The Day The Earth Stood Still?--Reading Jürgen Habermas's Essay "February 15" Against Ian Mcewan's Novel, Russell Miller

Russell A. Miller

No abstract provided.


The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms. Dec 2010

The Cathedral Rules As The Wto’S Remedy, Ashley H. Song Ms.

Ashley Song

Coase’s assumption of zero transaction cost is not realistic in the WTO; it bears substantive amount of transaction costs. Unlike Coase, Calabresi and Melamed, in their article of “Property Rules, Liability Rules, and Inalienability: One View of the Cathedral,” endogenously admit that transaction cost exists and utilize it for the application of a property and liability rule. I would like to apply the property, liability, and inalienability rules to the WTO– mainly, to the wrongful acts of the WTO members– and which remedy according to which rule can be effectual or reach the welfare maximization in Pareto Optimal.


America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall Dec 2010

America Giveth, And America Taketh Away: The Fate Of Article 9 After The Futenma Base Dispute, Allen P. Mendenhall

Allen Mendenhall

This Article considers how the Obama administration’s policies toward Japan implicate Article 9 of the Japanese Constitution. More specifically, it argues that the Futenma base dispute (as it has come to be known) jeopardizes the very existence of Article 9 by threatening to render it moot and by expanding the already expansive interpretations of Article 9. Part I provides a brief history of the Futenma base dispute during the Obama years, and Part II explains the effects of the Futenma base dispute on Article 9. More specifically, Part II contextualizes the Futenma issue by way of the legislative and judicial …