Digital Commons Network^™

Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess

Northwestern Journal of International Law & Business

Salbu's "big questions" identify core issues for scholars on bribery and corruption. Salbu asks: (1) when may it be ethical to pay a bribe, (2) whether the Foreign Corrupt Practices Act's ("FCPA") provisions on "routine government action" permit us to distinguish between appropriate and inappropriate facilitative payments, (3) whether non-governmental organizations ("NGOs") should supplant the role of governments in fighting corruption, and (4) whether corporate principles can have an impact in the fight against corruption. Our focus is primarily on the latter question, but encompasses all of them. Implicit in Salbu's list is the question of whether a single magic …

Foreign Investment Companies Limited By Shares: The Latest Chinese Organization For Major International Ventures, Jim Jinpeng Zhang, Jung Y. Lowe

Northwestern Journal of International Law & Business

Foreign Investment Companies Limited By Shares ("FICLBS") is one of the most important recent innovations in the People's Republic of China's ("China") foreign-invested enterprises law. Since January 10, 1995, China has authorized use of the FICLBS and, for the first time, it more closely resembles major corporate organizations used by international foreign investors.! So far over eighteen FICLBS have been approved for operation through 1999, with combined actual foreign investment of USD 1.2 billion.2 FICLBS has the potential to be the ideal organization for major international investment in China after it joins the World Trade Organization. The FICLBS can issue …

Switzerland & The International Trade In Art & Antiquities, Michele Kunitz

Northwestern Journal of International Law & Business

Recently, Switzerland has proposed a law that would significantly tighten its regulation of the antiquities trade. The draft law seeks to comport Swiss law with the broad goals of international conventions on the protection and transfer of cultural property. However, given Switzerland's past reluctance to curtail the illicit trade in antiquities, it remains unclear whether this measure will pass or if passed, whether the law would be adequately enforced. The primary aim of this Comment is to detail the history of international law as it pertains to cultural property and draw attention to the Swiss role in fostering the illicit …

International Regulatory Responses To Derivative Crises: The Role Of The U.S. Commodity Futures Trading Commission , Brooksley Born

Northwestern Journal of International Law & Business

Over the past decade, as derivatives markets - and particularly the over-the-counter ("OTC") market - have become increasingly global in nature, the U.S.. Commodity Futures Trading Commission ("CFTC") - the federal regulatory agency that oversees futures and commodity option trading' - has played an active role in fostering international regulatory cooperation. The technology of the information age, allowing instant communication and electronic trading, has revolutionized financial markets, instituting around-the-clock, around-the-globe trading, globally active market users and market intermediaries, and an increasing pace of market innovation. Market crises now have the potential for widespread financial impact and require international regulatory response. …

Multinational Regulatory Competition And Single-Stock Futures , Frank Partnoy

Northwestern Journal of International Law & Business

Whereas these first two forms of regulatory competition are well documented and covered in the legal literature, the third form - which I call "multinational regulatory competition" - is newer and more difficult to characterize. Accordingly, any claims about future regulatory competition in this form necessarily are speculative. By "multinational regulatory competition," I mean competition occurring when a group of regulators from more than one sovereign forms a partnership as a multinational regulator and then seeks to compete with other groups of regulators, also formed from more than one sovereign. There is some recent empirical evidence that regulatory trends in …

Transnational Bribery: The Big Questions, Steven R. Salbu

Northwestern Journal of International Law & Business

During the past few years, I have written extensively on the subject of transnational bribery. My articles have examined several aspects of this serious problem,' including the Foreign Corrupt Practices Act ("FCPA"), 2 re-cent multilateral global conventions to fight bribery,3 and the comparative costs and benefits of legislative versus systemic or institutional forms of change.4 This body of work also has addressed some of the problems that can accompany aggressive legal remedies, such as potential cultural imperialism5 and global discord.6 This examination has been rewarding, and it has spurred a rich exchange with a number of very talented scholars, as …

An Essential Element Of Fair Trade And Sustainable Development In The Ftaa Is An Enforceable Social Clause, Terry Collingsworth

Richmond Journal of Global Law & Business

Multinational companies (“MNCs”) and governments that are fantasizing about a Free Trade Area of the Americas (“FTAA”) should accept the reality that the FTAA is not politically viable for the time being unless the issues of labor rights and other social conditions are addressed in a manner demonstrating that these rights are consistent with commercial rights that are protected in careful detail in many pages of the draft FTAA agreement.

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin

Richmond Journal of Global Law & Business

No abstract provided.

Volume 33 Issue 2 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

Along The Spectrum Of Women's Rights Advocacy: A Cross-Cultural Comparison Of Sexual Harassment Law In The United States And India, Louise Feld

Fordham International Law Journal

This Comment compares the development of sexual harassment law in the United States and India. It strives to contribute to this global feminist debate by highlighting the successes and failures of each country's respective anti-harassment protections. It also compares the United States' and India's legal approaches to the problem of workplace sexual harassment. The Comment also discusses the successes and failures of the U.S. and Indian protections in a manner that attempts to minimize the problems present in cross-cultural studies.

Community Health Sciences And The Legacy Of Ibn Ridwan At The Aga Khan University, F White

Community Health Sciences

This report briefly describes the Aga Khan University with particular reference to the Department of Community Health Sciences which was recently rehoused in the new Ibn Ridwan building. The building was named after Ibn Ridwan because of his significant contribution to community health, and some details of his life are given.

The Proposition: An Insight Into Research, B I. Avan, F White

Community Health Sciences

Propositions form the basis for scientific research. The validity of a research study is, to a large extent, evaluated on the criteria of its propositions. For internal validity, study propositions provide information regarding precision of definitions, measurements, associations, confounding factors etc. that are considered in research. While for external validity, propositions form the premise for the deduction of inferences. The aim of this article is to help readers understand the propositions that are made in research. This article discusses those propositions, which are relevant to medical research.

[Undergraduate Bulletin, 2001-2003]., College Of Arts And Sciences, University Communications

Undergraduate Course Bulletins

No abstract provided.

Control Of Phytoplankton Growth By Iron Supply And Irradiance In The Subantarctic Southern Ocean: Experimental Results From The Saz Project, P. W. Boyd, A. C. Crossley, G. R. Ditullio, F. B. Griffiths, D. A. Hutchins, B. Queguiner, Peter N. Sedwick, T. W. Trull

OES Faculty Publications

The influence of irradiance and Fe supply on phytoplankton processes was studied, north (47°S, 142°E) and south (54°S, 142°E) of the Subantarctic Front in austral autumn (March 1998). At both sites, resident cells exhibited nutrient stress (F_v/F_m 0 at 47°S and 9% I₀ at 54°S because of MLDs of 40 (47°S) and 90 m (54°S), when these stations were occupied. The greater MLD at 54°S is reflected by tenfold higher cellular chlorophyll a levels in the resident phytoplankton. In the 47°S experiment, chlorophyll a levels increased to >1 μg/L^-1 only in the high-Fe treatments, regardless …

Control Of Phytoplankton Growth By Iron And Silicic Acid Availability In The Subantarctic Ocean: Experimental Results From The Saz Project, D. A. Hutchins, Peter N. Sedwick, G. R. Ditullio, P. W. Boyd, B. Queguiner, F. B. Griffiths, C. Crossley

OES Faculty Publications

Subantarctic Southern Ocean surface waters in the austral summer and autumn are characterized by high concentrations of nitrate and phosphate but low concentrations of dissolved iron (Fe, similar to0.05 nM) and silicic acid (Si, <1 muM). During the Subantarctic Zone AU9706 cruise in March 1998 we investigated the relative importance of Fe and Si in controlling phytoplankton growth and species composition at a station within the subantarctic water mass (46.8degreesS, 142degreesE) using shipboard bottle incubation experiments. Treatments included unamended controls; 1.9 nM added iron (+Fe); 9 muM added silicic acid (+Si); and 1.9 nM addediron plus 9 muM added silicic acid (+Fe+Si). We followed a detailed set of biological and biogeochemical parameters over 8 days. Fe added alone clearly increased community growth rates and nitrate drawdown and altered algal community composition relative to control treatments. Surprisingly, small, lightly silicified pennate diatoms grew when Fe was added either with or without Si, despite the extremely low ambient silicic acid concentrations. Pigment analyses suggest that lightly silicified chrysophytes (type 4 haptophytes) may have preferentially responded to Si added either with or without Fe. However, for many of the parameters measured the +Fe+Si treatments showed large increases relative to both the +Fe and +Si treatments. Our results suggest that iron is the proximate limiting nutrient for chlorophyll production, photosynthetic efficiency, nitrate drawdown, and diatom growth, but that Si also exerts considerable control over algal growth and species composition. Both nutrients together are needed to elicit a maximum growth response, suggesting that both Fe and Si play important roles in structuring the subantarctic phytoplankton community.

The Role And Reality Of Emotions In Law, Carol Sanger

Faculty Scholarship

It is a great pleasure to participate in the celebration and exploration of Susan Bandes' The Passions of Law in this symposium on emotion and gender jurisprudence. It may be worth reminding today's law students that when Professor Bandes and I were classmates at the University of Michigan Law School in the mid-1970s, there were no such conferences. Jurisprudence existed, but the concept of gender had not yet emerged; we were still too busy defining feminism. Emotions were something we dutifully suppressed as we tried to assimilate into the legal profession.

This is not to say we were wholly unaffected …

Introduction To Special Section: Saz Project, T. W. Trull, Peter N. Sedwick, F. B. Griffiths, S. R. Rintoul

OES Faculty Publications

Oceanographic processes in the subantarctic region contribute crucially to the phys. and biogeochemical aspects of the global climate system. To explore and quantify these contributions, the Antarctic Cooperative Research Center organized the SAZ Project, a multidisciplinary, multiship study carried out south of Australia in the austral summer of 1997-1998. We present an overview of the SAZ Project and some of its major results.

Divorce, Children's Welfare, And The Culture Wars, Elizabeth S. Scott

Faculty Scholarship

Are children harmed when their parents divorce? If so, should parents' freedom to end marriage be restricted? These questions have generated uncertainty and controversy in the decades since legal restraints on divorce have been lifted. During the 1970s and 80s, the traditional conviction that parents should stay together "for the sake of the children" was supplanted by a view that children are usually better off if their unhappy parents divorce. By this account, divorcing parents should simply try to accomplish the change in status with as little disruption to their children's lives as possible. This stance has been challenged sharply …

"Project Exile" And The Allocation Of Federal Law Enforcement Authority, Daniel Richman

Faculty Scholarship

With each report of violent crime statistics (whether rising or falling) or of the latest firearms outrage, we hear the antiphony of the gun control debate. Advocates of increased federal regulation decry the inadequacies of a regime that permits relatively free access to firearms and argue that the availability of guns is itself a spur to more deadly violence. Advocates of minimal regulation, for their part, condemn measures that, they say, will primarily penalize law-abiding citizens, and instead call for more vigorous enforcement of existing laws, targeting "criminals," not their weapons. When the antiphony intrudes on funerals, the effect can …

The Rise Of Dispersed Ownership: The Roles Of Law And The State In The Separation Of Ownership And Control, John C. Coffee Jr.

Faculty Scholarship

Recent scholarship on comparative corporate governance has produced a puzzle. While Berle and Means had assumed that all large public corporations would mature to an end-stage capital structure characterized by the separation of ownership and control, the contemporary empirical evidence is decidedly to the contrary. Instead of convergence toward a single capital structure, the twentieth century saw the polarization of corporate structure between two rival systems of corporate governance:

1. A Dispersed Ownership System, characterized by strong securities markets, rigorous disclosure standards, and high market transparency, in which the market for corporate control constitutes the ultimate disciplinary mechanism; and
2. A …

The Liberal Commons, Hanoch Dagan, Michael A. Heller

Faculty Scholarship

Following the Civil War, black Americans began acquiring land in earnest; by 1920 almost one million black families owned farms. Since then, black rural landownership has dropped by more than 98% and continues in rapid decline – there are now fewer than 19,000 black-operated farms left in America. By contrast, white-operated farms dropped only by half, from about 5.5 million to 2.4 million. Commentators have offered as partial explanations the consolidation of inefficient small farms and intense racial discrimination in farm lending. However, even absent these factors, the unintended effects of old-fashioned American property law might have led to the …

The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, Marianne Blair

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

The Acquiescent Gatekeeper: Reputational Intermediaries, Auditor Independence And The Governance Of Accounting, John C. Coffee Jr.

Faculty Scholarship

The role of "gatekeepers" as reputational intermediaries who can be more easily deterred than the principals they serve has been developed in theory, but less often examined in practice. Initially, this article seeks to define the conditions under which gatekeeper liability is likely to work – and, correspondingly, the conditions under which it is more likely to fail. Then, after reviewing the recent empirical literature on earnings management, it concludes that the independent auditor does not today satisfy the conditions under which gatekeeper liability should produce high law compliance. A variety of explanations – poor observability, implicit collusion, and high …

The Power Of Suggestion: Inertia In 401k Participation And Savings Behavior, Brigitte C. Madrian, Dennis F. Shea

Faculty Publications

In this paper, we analyze the 401(k) savings behavior of employees in a large U.S. corporation before and after an interesting change in the company 401(k) plan. Before the plan change, employees were required to affirmatively elect participation in the 401(k) plan. After the plan change, employees were automatically and immediately enrolled in the 401(k) plan unless they made a negative election to opt out of the plan. Although none of the economic features of the plan changed, this switch to automatic enrollment dramatically changed the savings behavior of employees. We have two key findings. First, 401(k) participation is significantly …

The Bullet Gic As An Example, David F. Babbel, Jeremy Gold, Craig B. Merrill

Faculty Publications

There has been considerable discussion of a variety of issues related to fair value in the actuarial literature, in conferences, and among individuals interested in this topic. Unfortunately, we seem to be failing to communicate due, in part, to inconsistent use of terminology. The goal of this discussion paper is to present a few concepts that we hope will be of use in the broader discussion of fair value of liabilities.

The Problem With Ya Literature, Chris Crowe

Faculty Publications

Despite their incredible success, J. K. Rowling's Harry Potter books, which, now that Hariy is fourteen years old in Harry Potter and the Goblet of Fire can be comfortably considered YA literature, have had plenty of criticism. The cited faults of the Potter books are many, ranging from pedestrian writing to occult content.

Attacks on YA books are nothing new. For more than a century there have been vocal parents, teachers, and librarians who have attacked books written specifically for teenagers.

Sports Literature For Young Adults, Chris Crowe

Faculty Publications

A few days ago, I sat in a dark theater trying to wipe the tears from my eyes vvithout either of my teenage daughters noticing. We were watching Remember the Titans, a fine movie about Coach Herman Boone's first year as head football coach of the newly integrated football team at T. C. Williams High School in 1971, and several scenes in the movie touched the old high school coach/high school jock heart that still beats in my chest and brought tears to my eyes.

\Vhen I considered my reaction to the film, I assumed that I was caught up …

Baseball And Antitrust: The Legislative History Of The Curt Flood Act Of 1998, Edmund P. Edmonds, William H. Manz.

Books

No abstract provided.

Clean Air, Clean Processes? The Struggle Over Air Pollution Law In The People's Republic Of China, William P. Alford, Benjamin L. Liebman

Faculty Scholarship

This Article commences in Part I by introducing law-making in China before reconstructing the drafting process and attendant political battles leading up to the revision of China's principal air pollution law in 1995 – which, as Ackerman and Hassler observed with reference to the United States, can be every bit as messy as the soiled air such efforts are intended to address. Part II then examines the institutional factors that ultimately are critical to an understanding of why the 1995 APPCL, as promulgated, fell well short of its original authors' objectives but set in motion a process that over time …

Dis-Semblances: Physiognomy And Fiction In Borges’S ​Historia Universal De La Infamia, David Laraway

Faculty Publications

Over a decade after publishing Ficciones and some six years after El Aleph made its way into print, Borges had occasion to write a new introduction to Historia universal de la infomia, his first extended exploration of the mechanisms of fictional narrative. It was, he reflected of the 1935 work, an "irresponsable juego de un timido que nose anim6 a escribir cuentos y que se distrajo en falsear y tergiversar [ ... ]. No es otra cosa que apariencia [ ... ] una superficie de imagenes" (Obras l: 291). There can be little question that, compared with Ficciones and El …