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Interactions Between Public And Private Resource Governance: Key Insights From The Fisheries Case, Zdravka Tzankova 2014 SelectedWorks

Interactions Between Public And Private Resource Governance: Key Insights From The Fisheries Case, Zdravka Tzankova

Zdravka Tzankova

Growing in presence and visibility, eco-labels and other forms of green certification are the more obvious signs of a broader social and policy phenomenon: the rise of private regulation and nonstate, market-based governance of environmental and resource practices. The growth of private regulatory initiatives, especially initiatives led by NGOs and other civil society actors, is increasingly accompanied by concerns over their potential to detract from public, government regulation.

This paper seeks to generate insights on the nature and consequences of interaction between more traditional forms of public, government regulation and the growing realm of market-based regulation by nonstate actors. It ...


Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt 2014 Boston College Law School

Uncharitable Hospitals: Why The Irs Needs Intermediate Sanctions To Regulate Tax-Exempt Hospitals, Rachel Weisblatt

Boston College Law Review

Tax-exempt hospitals receive millions of dollars worth of tax breaks each year for the purpose of providing care to their communities. Despite these tax breaks, however, there is little evidence to suggest that such breaks significantly benefit the hospitals’ communities. When a hospital no longer meets the federal standard for tax exemption, the Internal Revenue Service currently has two enforcement options: (1) do nothing; or (2) move to revoke the hospital’s tax-exempt status. Revocation, however, is a harsh option that is not appropriate for every circumstance where a hospital fails to meet one or more of the requirements for ...


State Capital: Global And Australian Perspectives, George Gilligan, Megan Bowman 2014 Seattle University School of Law

State Capital: Global And Australian Perspectives, George Gilligan, Megan Bowman

Seattle University Law Review

The activities of state-related pools of capital need to be understood within the context of an era of globalization, in which economic and political ties between many jurisdictions are deepening, A variety of modes of governance are emerging that have a capacity for impacts of broad international scope. The rising influence of more proactive state-led capitalism is one of the shaping variables in how the global economy has been changing swiftly in recent decades, and the effects of the Global Financial Crisis have arguably accelerated these structural shifts. This Article identifies three discrete phenomena in the state capital arena. First ...


What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola 2014 Seattle University School of Law

What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola

Seattle University Law Review

What is a corporation? An easy, but not very informative, answer is that it is a legal person. More substantive answers suggest it is a moral person, a person/thing, a production team, a nexus of private agreements, a city, a semi-sovereign, or a (secular) God. Despite the economic, political, and social importance of the corporate form, we do not have a generally accepted legal theory of what a corporation is, apart from the law’s questionable assertion that it is a “person.” In this Article, the author places the idea, and law, of the corporation in a comparative context ...


"Quack Corporate Governance" As Traditional Chinese Medicine: The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, NIcholas Calcina Howson 2014 Seattle University School of Law

"Quack Corporate Governance" As Traditional Chinese Medicine: The Securities Regulation Cannibalization Of China's Corporate Law And A State Regulator's Battle Against Party State Political Economic Power, Nicholas Calcina Howson

Seattle University Law Review

From the start of the People’s Republic of China’s (PRC) “corporatization” project in the late 1980s, a Chinese corporate governance regime subject to increasingly enabling legal norms has been determined by mandatory regulations imposed by the PRC securities regulator, the China Securities Regulatory Commission (CSRC). Indeed, the Chinese corporate law system has been cannibalized by all-encompassing securities regulation directed at corporate governance, at least for companies with listed stock. This Article traces the path of that sustained intervention and makes a case—wholly contrary to the “quack corporate governance” critique much aired in the United States—that for ...


The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke 2014 Seattle University School of Law

The Evolution Of Corporate Governance In Japan: The Continuing Relevance Of Berle And Means, Takaya Seki, Thomas Clarke

Seattle University Law Review

The evolution of corporate governance in Japan towards international standards continues, though at a gradual pace that often concerns outsiders. The substance of Japanese corporate governance is often questioned due to a lack of understanding of the unique elements of the Japanese institutional system. Japanese companies are under a sustained assault from overseas investors to introduce a greater number of independent directors on boards, improve accountability, and enhance transparency. The majority of Japanese companies have taken what they regard as significant steps in this direction of accountability. In Japan, however, there is a different conception of the role of the ...


The Third Way, Kent Greenfield 2014 Seattle University School of Law

The Third Way, Kent Greenfield

Seattle University Law Review

Shareholder supremacists argue that corporate management should be constrained by additional shareholder power to nominate directors, approve executive pay, or receive financial disclosures. Meanwhile, managerial and directorial apologists suggest that the way forward is to protect managerial prerogative. But, there is a third way: Managerial obligation could be increased without the obligation running solely to the holders of equity. This Article situates the current moment of intellectual churning in corporate law in a larger historical narrative and explains why we find ourselves in this moment. This Article then suggests what a third way might require in terms of conceptualization, process ...


Is The Independent Director Model Broken?, Roberta S. Karmel 2014 Seattle University School of Law

Is The Independent Director Model Broken?, Roberta S. Karmel

Seattle University Law Review

At common law, an interested director was barred from participating in corporate decisions in which he had an interest, and therefore “dis-interested” directors became desirable. This concept of the disinterested director developed into the model of an “independent director” and was advocated by the Securities and Exchange Commission and court decisions as a general ideal in a variety of situations. This Article explores doubts regarding the model of an “independent director” and suggests that director expertise may be more important that director independence. The Article then discusses shareholder primacy and sets forth alternatives to the shareholder primacy theory of the ...


Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett 2014 BLR

Hollywood Deals: Soft Contracts For Hard Markets, Jonathan Barnett

University of Southern California Law and Economics Working Paper Series

Hollywood film studios, talent and other deal participants regularly commit to, and undertake production of, high-stakes film projects on the basis of unsigned “deal memos”, informal communications or draft agreements whose legal enforceability is uncertain. These “soft contracts” constitute a hybrid instrument that addresses a challenging transactional environment where neither formal contract nor reputation effects adequately protect parties against the holdup risk and project risk inherent to a film project. Parties negotiate the degree of contractual formality, which correlates with legal enforceability, as a proxy for allocating these risks at a transaction-cost savings relative to a fully formalized and specified ...


Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara 2014 SelectedWorks

Whether A Standard Legislated Framework Should Govern Public-Private Partnerships For Finance And Maintenance Of Public Infrastructure In The Modern Economy?, Anika Guevara

Anika Guevara

No abstract provided.


Behavioral International Law, Tomer Broude 2014 SelectedWorks

Behavioral International Law, Tomer Broude

Tomer Broude

Economic analysis and rational choice have in the last decade made significant inroads into the study of international law and institutions, relying upon standard assumptions of perfect rationality of states and decision-makers. This approach is inadequate, both empirically and in its tendency towards outdated formulations of political theory. This article presents an alternative behavioral approach that provides new hypotheses addressing problems in international law while introducing empirically grounded concepts of real, observed rationality. First, I address methodological objections to behavioral analysis of international law: the focus of behavioral research on the individual; the empirical foundations of behavioral economics; and behavioral ...


The Eu’S Accession To The European Convention On Human Rights: An International Law Perspective, Jed Odermatt 2014 SelectedWorks

The Eu’S Accession To The European Convention On Human Rights: An International Law Perspective, Jed Odermatt

Jed Odermatt

Article 6(2) of the Treaty on European Union establishes that the Union “shall accede to the European Convention for the Protection of Human Rights and Fundamental Freedoms.” In early 2013, negotiators of the 47 Council of Europe member states and the European Union finalised a draft Accession Agreement that would allow the EU to accede to Convention. Taking this draft Accession Agreement as a starting point, this paper examines the issues and challenges that EU accession poses from an international law perspective. Much of the literature on the EU accession has focused on the effect that this process will ...


Is Labor Union Corruption Special?, James B. Jacobs 2014 NELLCO

Is Labor Union Corruption Special?, James B. Jacobs

New York University Public Law and Legal Theory Working Papers

Labor racketeering has attracted a good deal of attention from law enforcement agencies, legislators, and journalists, but surprisingly little attention from corruption scholars. While the origin of the term “labor racketeering” is obscure, it has come to be associated with a type of corruption perpetrated by union officials under the direction of, or in conjunction with, organized crime (Cohen 2003, 575–76, 587–91; Jacobs 2006, 11–12). Organized crime bosses exploit unions and union members through alliances with corrupted or intimidated union officials (Jacobs 2006, 234). In return, union officials provide mobsters access to the union treasury, pension and ...


Weathering Wal-Mart, Joseph A. Seiner 2014 Notre Dame Law School

Weathering Wal-Mart, Joseph A. Seiner

Notre Dame Law Review

In Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2531 (2011), the Supreme Court held that a proposed class of over a million women that had alleged pay and promotion discrimination against the nation’s largest retailer could not be certified. According to the Court, the plaintiffs had failed to establish a common thread in the case sufficient to tie their claims together. The academic response to Wal-Mart was immediate and harsh: the decision will serve as the death knell for mass employment litigation, undermining the workplace protections provided by Title VII of the Civil Rights Act of 1964 (Title ...


Sharing Public Safety Helicopters, Henry H. Perritt Jr. 2014 Chicago-Kent College of Law

Sharing Public Safety Helicopters, Henry H. Perritt Jr.

Henry H. Perritt, Jr.

No abstract provided.


On Equal Footing, Theodor JR Schilling 2014 SelectedWorks

On Equal Footing, Theodor Jr Schilling

Theodor JR Schilling

The accession of the EU to the ECHR is envisaged to occurr on a basis of “equal footing“ of the EU with the ECHR's State contracting parties. The article questions the appropriateness of this approach. Based on extant treaty practice concerning the accession of one international organisation to another, it shows that “equal footing“ is only very exceptionally granted to an acceding international organisation. It does not find any reasons to grant the EU such an exceptional treatment. Considering the envisaged provisions in turn and appraising them on a balance of interests basis does not lead to a fundamentally ...


Managing The ‘Republic Of Ngos’: Accountability And Legitimation Problems Facing The U.N. Cluster System, J.Benton Heath 2014 SelectedWorks

Managing The ‘Republic Of Ngos’: Accountability And Legitimation Problems Facing The U.N. Cluster System, J.Benton Heath

J.Benton Heath

This Article identifies and critically assesses the crucial but troubled system for the coordination of international humanitarian assistance (the U.N. “Cluster Approach”). Regardless of whether the Cluster Approach actually helps in disaster response, it exercises substantial power over affected populations by assigning competences and leadership roles. The built-in mechanisms for controlling this power are unworkable, as they ultimately fail to resolve the tension between humanitarian organizations’ autonomy and the need for coordination. This Article identifies the emergence of an alternative model of accountability, based on mutual monitoring and “peer review.” Drawing on theories of network governance and experimentalism, this ...


The Third Way: Beyond Shareholder Or Board Primacy, Kent Greenfield 2014 Boston College Law School

The Third Way: Beyond Shareholder Or Board Primacy, Kent Greenfield

Boston College Law School Faculty Papers

There is a third possibility in corporate governance: real duties imposed on boards, but which run to all the company's stakeholders not just shareholders.


"Helpless" Groups, Troy A. McKenzie 2013 NELLCO

"Helpless" Groups, Troy A. Mckenzie

New York University Public Law and Legal Theory Working Papers

This Essay confronts the idea of the “helpless” group—that is, the group comprising individuals who are thought to be incapable of protecting their own interests. That idea plays an important role in the history of the modern class action, which has been justified as a device providing redress for “small claims held by small people.” The rhetoric of helplessness did not begin with the class action. Instead, the concern about helpless individuals corralled into a group and preyed upon by their adversaries (and their own lawyers) originated in the world of business bankruptcy before it made its way to ...


Civility And Formality, Jeremy Waldron 2013 NELLCO

Civility And Formality, Jeremy Waldron

New York University Public Law and Legal Theory Working Papers

Civility is a distinctive virtue in social and political relations, not an all-embracing one. In this paper, I suggest that civility is also a "chilly" virtue, associated more with formality than with niceness; that is, I argue that its importance is best accounted for on this basis. I pursue the theme of formality in a number of different areas: formality in market relations; formality in political inclusiveness; formality in the willingness to listen and "stay present" for the articulation of views to which is utterly opposed; and formality in democratic deliberations. So defined, civility is not everything and it may ...


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