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The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson 2015 SelectedWorks

The Corporate Conspiracy Vacuum (Formerly "Corporate Conspiracy: How Not Calling A Conspiracy A Conspiracy Is Warping The Law On Corporate Wrongdoing"), Josephine Sandler Nelson

J.S. Nelson

The intracorporate conspiracy doctrine immunizes an enterprise and its agents from conspiracy prosecution based on the legal fiction that an enterprise and its agents are a single actor incapable of the meeting of two minds to form a conspiracy. The doctrine, however, misplaces incentives in contravention of agency law, criminal law, tort law, and public policy. As a result of this absence of accountability, harmful behavior is ordered and performed without consequences, and the victims of the behavior suffer without appropriate remedy.

The vacuum at the center of American conspiracy law has now warped the doctrines around it. Especially in ...


Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin 2014 SelectedWorks

Workshop Democracy: Making Policy In Cote D'Ivoire, Max Levin

Max Levin

Development experts would benefit from a better understanding of how policy is made in developing countries. In this article, I describe how health policy is made in Cote d’Ivoire, from the perspective of a Westerner embedded in the Ministry of Health for 10 months. I provide a narrative of how one health system reform—performance-based financing—moved from policy idea to enacted reform. I describe the origins of the reform in Cote d’Ivoire, how the government came to support the reform, and then the mechanics of how the reform was enacted. I then present observations on how policymaking ...


Indigenous Mobilisation And The Law Of Consultation In Peru: A Boomerang Pattern?, Claire Wright 2014 Western University

Indigenous Mobilisation And The Law Of Consultation In Peru: A Boomerang Pattern?, Claire Wright

The International Indigenous Policy Journal

Prior to 2009, it was difficult to speak of a national level Indigenous movement in Peru with an impact on national politics. However, the situation changed after the tragic events known as the Baguazo. Little by little, diverse organisations representing different ethnic groups came together to push for a law of consultation, which was promulgated in 2011. Nevertheless, the process has been highly complex and is still ongoing. The aim of this article is to offer some interpretative clues in order to understand how the national level movement came about, as well as how it made an impact on national ...


The Cuban Liberty And Democratic Solidarity Act Of 1996 - Implications For Nafta, Dean C. Bucci 2014 University of Georgia School of Law

The Cuban Liberty And Democratic Solidarity Act Of 1996 - Implications For Nafta, Dean C. Bucci

Georgia Journal of International & Comparative Law

No abstract provided.


Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative, Kimberly D. Chapman 2014 University of Georgia School of Law

Separation Of Powers And Unilateral Executive Action: The Constitutionality Of President Clinton's Mexican Loan Initiative, Kimberly D. Chapman

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I: United States Attitudes On The Role Of The United Nations Regarding The Maintenance And The Restoration Of Peace, William R. Clontz 2014 University of Georgia School of Law

Panel I: United States Attitudes On The Role Of The United Nations Regarding The Maintenance And The Restoration Of Peace, William R. Clontz

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I: United States Attitudes On The Role Of The United Nations Regarding The Maintenance And The Restoration Of Peace, Larry D. Johnson 2014 University of Georgia School of Law

Panel I: United States Attitudes On The Role Of The United Nations Regarding The Maintenance And The Restoration Of Peace, Larry D. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Panel I: United States Attitudes On The Role Of The United Nations Regarding The Maintenance And The Restoration Of Peace, Richard B. Bilder 2014 University of Georgia School of Law

Panel I: United States Attitudes On The Role Of The United Nations Regarding The Maintenance And The Restoration Of Peace, Richard B. Bilder

Georgia Journal of International & Comparative Law

No abstract provided.


Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas 2014 University of Georgia School of Law

Mexico's Legal Revolution: An Appraisal Of Its Recent Constitutional Changes, 1988-1995, Jorge A. Vargas

Georgia Journal of International & Comparative Law

No abstract provided.


"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb 2014 College of William & Mary Law School

"…Chosen By The People Of The Several States…": Statehood For The District Of Columbia, Larry Mirel, Joe Sternlieb

William & Mary Bill of Rights Journal

No abstract provided.


The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken 2014 College of William & Mary Law School

The Right To Vote: Is The Amendment Game Worth The Candle?, Heather K. Gerken

William & Mary Bill of Rights Journal

No abstract provided.


Three Questions For The "Right To Vote" Amendment, Richard Briffault 2014 College of William & Mary Law School

Three Questions For The "Right To Vote" Amendment, Richard Briffault

William & Mary Bill of Rights Journal

No abstract provided.


Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin 2014 College of William & Mary Law School

Democratic Capital: A Voting Rights Surge In Washington Could Strengthen The Constitution For Everyone, Jamin Raskin

William & Mary Bill of Rights Journal

No abstract provided.


Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh 2014 College of William & Mary Law School

Theories Of Representation: For The District Of Columbia, Only Statehood Will Do, Mary M. Cheh

William & Mary Bill of Rights Journal

No abstract provided.


Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher 2014 College of William & Mary Law School

Welcome To New Columbia: The Fiscal, Economic And Political Consequences Of Statehood For D.C., David Schleicher

William & Mary Bill of Rights Journal

No abstract provided.


So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. den Dulk 2014 University of Georgia School of Law

So Help Me God: A Comparative Study Of Religious Interest Group Litigation, Jayanth K. Krishnan, Kevin R. Den Dulk

Georgia Journal of International & Comparative Law

No abstract provided.


Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir 2014 Syracuse University

Refugee Law In Context: Natural Law, Legal Positivism And The Convention, Isaac Kfir

Isaac Kfir

The contemporary international refugee system was product of a desire to provide protection and assistance to those who have a well-founded fear of persecution, a somewhat sophistic term in the twenty-first century, which may explain why the system has become cumbersome, incoherent and divisive. One explanation for the tension within the refugee regime is that states—mainly western states—seek to reduce refugee applications while adhering and upholding their international obligations. Another explanation is that it is tensions between two legal traditions—natural law and legal positivism—that are shape the international refugee law that have led to the crisis ...


Defending Legal Realism: A Response To Four Critics, Hanoch Dagan 2014 BLR

Defending Legal Realism: A Response To Four Critics, Hanoch Dagan

Tel Aviv University Law Faculty Papers

My recently published book, Reconstructing American Legal Realism & Rethinking Private Law Theory (Oxford University Press, 2013), seeks to revive our understanding of law as a set of institutions accommodating three sets of constitutive tensions: power and reason, science and craft, and tradition and progress. This Issue of Critical Analysis of Law honored me with the publication of thoughtful and generous book reviews by Alan Brudner, Dan Farbman, Joseph Singer, and Laura Underkuffler. This short Essay reflects upon their insightful and important observations and attempts to provide some answers to their interesting and intriguing critiques of my account. I begin with ...


The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal 2014 University of Georgia School of Law

The Politics Of Justice: Why Israel Signed The International Criminal Court Statute And What The Signature Means, Daniel A. Blumenthal

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Abuses In Yugoslavia: To Bring An End To Political Oppression, The International Community Should Assist In Establishing An Independent Kosovo, Ted Baggett 2014 University of Georgia School of Law

Human Rights Abuses In Yugoslavia: To Bring An End To Political Oppression, The International Community Should Assist In Establishing An Independent Kosovo, Ted Baggett

Georgia Journal of International & Comparative Law

No abstract provided.


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