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The Meaning Of 'Sphere Of Influence' In Iso 26000, Stepan Wood 2011 Osgoode Hall Law School of York University

The Meaning Of 'Sphere Of Influence' In Iso 26000, Stepan Wood

Articles & Book Chapters

The relationship between a company’s influence and its social responsibilities is the subject of persistent controversy, manifested for example in the debate over the use of the concept of “sphere of influence” (SOI) to define the scope of a company’s social responsibility. Early drafts of the ISO 26000 guide on social responsibility employed SOI in this way, stating among other things that influence can give rise to responsibility and that generally, the greater the ability to influence, the greater the responsibility. The UN Special Representative on business and human rights, John Ruggie, rejected this use of SOI as ...


Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios 2011 Osgoode Hall Law School of York University

Constituciones Duraderas – Una Crítica Democrática (Enduring Constitutions – A Democratic Critique), Allan C. Hutchinson, Joel Colon-Rios

Articles & Book Chapters

This paper argues that formal constitutions and their institutional paraphernalia do more to inhibit and mitigate the emancipatory potential of democracy than to nurture and realize it.

Spanish Abstract: La relación entre democracia y constituciones es larga y turbulenta. La tendencia de los que se inclinan hacia el lado constitucionalista ha sido la de percibir a la democracia como una amenaza al orden político y a la preservación de ciertos valores considerados importantes, mientras que los que adoptan una postura democrática, más que cualquier otra cosa, tienden a tratar a las constituciones como un obstáculo a la participación popular. En ...


Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman 2011 New York Law School

Deconstructing Lyondell: Reconstructing Revlon, Lawrence Lederman

Articles & Chapters

No abstract provided.


Calculations Of Conscience: The Costs And Benefits Of Religious And Conscientious Freedom, Howard Kislowicz, Richard Haigh, Adrienne Ng 2011 Osgoode Hall Law School of York University

Calculations Of Conscience: The Costs And Benefits Of Religious And Conscientious Freedom, Howard Kislowicz, Richard Haigh, Adrienne Ng

Articles & Book Chapters

This article examines the Supreme Court of Canada’s cost-benefit analysis of freedom of conscience and religion guaranteed by s. 2(a) of the Canadian Charter of Rights and Freedoms in Alberta v. Hutterian Brethren of Wilson Colony. The article finds that while the Supreme Court’s reasoning was ultimately flawed, its use of cost-benefit analysis may be a positive development in the freedom of religion framework. The article also looks at the Court’s treatment of the freedom of conscience guarantee in relation to freedom of religion. The article suggests that this treatment may foreshadow a more uniform approach ...


International Courts: Uneven Judicialization In Global Order, Benedict Kingsbury 2011 NYU School of Law

International Courts: Uneven Judicialization In Global Order, Benedict Kingsbury

New York University Public Law and Legal Theory Working Papers

‘Law without courts’ seemed to Hugo Grotius an entirely coherent approach to the juridification of international relations. The first edition of his Law of War and Peace (1625) reflects an intense commitment to framing claims and rules for conduct outside the state in terms of legal rights and duties, but not to judicialization, even though arbitration between sovereigns was addressed in earlier works he had read, such as Alberico Gentili’s Law of War (1598). Yet in modern times international judicialization – the creation and use of international courts and tribunals – has been not only a significant component of liberal approaches ...


Courting Justice, Hannah Brenner 2011 Michigan State University College of Law

Courting Justice, Hannah Brenner

Faculty Publications

No abstract provided.


Was The Eritrea–Ethiopia Claims Commission Merely A Zero-Sum Game?: Exposing The Limits Of Arbitration In Resolving Violent Transnational Conflict, Ari Dybnis 2011 Loyola Law School, Los Angeles

Was The Eritrea–Ethiopia Claims Commission Merely A Zero-Sum Game?: Exposing The Limits Of Arbitration In Resolving Violent Transnational Conflict, Ari Dybnis

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


A Call For International Regulation Of The Thriving "Industry" Of Death Tourism, Alexander R. Safyan 2011 Loyola Law School, Los Angeles

A Call For International Regulation Of The Thriving "Industry" Of Death Tourism, Alexander R. Safyan

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Digital Copyright Protection And Graduated Response: A Global Perspective, Michael Boardman 2011 Loyola Law School, Los Angeles

Digital Copyright Protection And Graduated Response: A Global Perspective, Michael Boardman

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Legislative And Regulatory Strategies For Providing Consumer Safeguards In A Convergent Information And Communications Marketplace, Rob Frieden 2011 University of California, Hastings College of the Law

Legislative And Regulatory Strategies For Providing Consumer Safeguards In A Convergent Information And Communications Marketplace, Rob Frieden

Hastings Communications and Entertainment Law Journal

No abstract provided.


Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, Shelly Rosenfeld 2011 University of California, Hastings College of the Law

Adding Injury To Insult: Injurious Speech On The Internet And Its Implications For The First Amendment, Shelly Rosenfeld

Hastings Communications and Entertainment Law Journal

No abstract provided.


Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern 2011 American University Washington College of Law

Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern

Articles in Law Reviews & Other Academic Journals

Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of the hardest ...


Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper 2011 American University Washington College of Law

Capping Incentives, Capping Innovation, Courting Disaster: The Gulf Oil Spill And Arbitrary Limits On Civil Liability, Andrew F. Popper

Articles in Law Reviews & Other Academic Journals

Limiting liability by establishing an arbitrary cap on civil damages is bad public policy. Caps are antithetical to the interests of consumers and at odds with the national interest in creating incentives for better and safer products. Whether the caps are on non-economic loss, punitive damages, or set for specific activity, they undermine the civil justice system, deceiving juries and denying just and reasonable compensation for victims in a broad range of fields.

This Article postulates that capped liability on damages for offshore oil spills may well have been an instrumental factor contributing to the recent Deepwater Horizon catastrophe in ...


The Ethics Of Melancholy Citizenship, Robert L. Tsai 2011 American University Washington College of Law

The Ethics Of Melancholy Citizenship, Robert L. Tsai

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Beyond The Chilling Effect: Immigrant Workers And The Regulation Of Occupational Safety & Health, Jayesh Rathod 2011 American University Washington College of Law

Beyond The Chilling Effect: Immigrant Workers And The Regulation Of Occupational Safety & Health, Jayesh Rathod

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary Clark 2011 American University Washington College of Law

Advice And Consent Vs. Silence And Dissent? The Contrasting Roles Of The Legislature In U.S. And U.K. Judicial Appointments, Mary Clark

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The New Habeas Revisionism, Stephen I. Vladeck 2011 American University Washington College of Law

The New Habeas Revisionism, Stephen I. Vladeck

Articles in Law Reviews & Other Academic Journals

There is relatively little in the Constitution’s drafting history or ratification debates to illuminate the intended meaning of the Suspension Clause, and what it specifically protects by preserving “the Privilege of the writ of Habeas Corpus” except in cases where habeas is properly suspended. Most jurists and commentators at least seem to agree on the constitutional floor - that, as Justice Stevens put it in 2001, “at the absolute minimum, the Suspension Clause protects the writ ‘as it existed in 1789.’” But even that limited point of consensus only begs a separate question: what was the scope of the writ ...


Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition, Kerry Abrams 2011 Duke Law School

Peaceful Penetration: Proxy Marriage, Same-Sex Marriage, And Recognition, Kerry Abrams

Faculty Scholarship

No abstract provided.


Opening Remarks, Claudio Grossman, Mark Thomson 2011 American University Washington College of Law

Opening Remarks, Claudio Grossman, Mark Thomson

Human Rights Brief

No abstract provided.


Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman de Velásquez, Claudio Grossman 2011 American University Washington College of Law

Panel 1: Promoting Safeguards Through Detention Visits, Ariela Peralta, Suzanne Jabbour, Brenda V. Smith, Alison A. Hillman De Velásquez, Claudio Grossman

Human Rights Brief

No abstract provided.


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