Law Commons^™

Invasive Species And E-Commerce, Invasive Species Advisory Committee

National Invasive Species Council

ISSUE

Internet commerce (hereafter e-commerce) is a growing and vital part of the United States economy. Total e-commerce sales in the United States for 2011 totaled $194 billion, an increase of 16% over 2010. From 2002 to 2011, the proportion of reported e-commerce sales in the U. S. grew from about 1.4% to 5.5% of total retail sales (United States Census Bureau News 2012). Globally, e-commerce is expected to increase at a rate of 13.5% annually, amounting to $1.4 trillion in yearly sales by 2015 (Enright 2011). A portion of this activity includes the sale and trade of living organisms. …

Can The Next Housing – And Financial Crisis Be Averted?, Singapore Management University

Perspectives@SMU

Global financial systems and economies are still far from recovering from the recent financial crisis triggered by the burst of the American housing bubble. Naturally, the investment community, the academia, and of course, the regulators would be keen to find out how to prevent history from repeating itself.

The Destructive Ambiguity Of Federal Proxy Access, Jill E. Fisch

All Faculty Scholarship

After almost seventy years of debate, on August 25, 2010, the SEC adopted a federal proxy access rule. This Article examines the new rule and concludes that, despite the prolonged rule-making effort, the new rule is ambiguous in its application and unlikely to increase shareholder input into the composition of corporate boards. More troubling is the SEC’s ambiguous justification for its rule which is neither grounded in state law nor premised on a normative vision of the appropriate role of shareholder nominations in corporate governance. Although the federal proxy access rule drew an unprecedented number of comment letters and is …

Shareholder Eugenics In The Public Corporation, Edward B. Rock

All Faculty Scholarship

In a world of active, empowered shareholders, the match between shareholders and public corporations can potentially affect firm value. This article examines the extent to which publicly held corporations can shape their shareholder base. Two sorts of approaches are available: direct/recruitment strategies; and shaping or socialization strategies. Direct/recruitment strategies through which “good” shareholders are attracted to the firm include: going public; targeted placement of shares; traditional investor relations; the exploitation of clientele effects; and de-recruitment. “Shaping” or “socialization” strategies in which shareholders of a “bad” or unknown type are transformed into shareholders of the “good” type include: choice of domicile; …

Scholar Week, Gregg A. Chenoweth

Scholar Week Archives (2011-2015)

ONU Scholar Week #2.

Oklahoma, Maine, Migration And The "Right To Work:" A Confused And Misleading Analysis, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

The recent article released by the Maine Heritage Policy Center (MHPC), “The Case for Right-to-Work in Maine: Examining the Evidence in Oklahoma” (1/23/2012), attempts to make a case for the supposed benefits of a right-to-work (RTW) law in Maine, by discussing the case of Oklahoma’s RTW law, and then presenting a number of statistics on migration to Oklahoma, and from Maine to RTW states. However, a closer examination of this report reveals that it is based on highly questionable and misleading assumptions, and its assertions are based on incomplete data.

Halos, Alibis And Community Development: A Cross National Comparison Of How Governments Spend Revenue From Gambling, Lynn Gidluck

Occasional Papers

This paper provides a cross-national comparison of how governments around the world distribute revenues from state-directed gambling and how these choices have been justified by proponents and vilified by critics. Case studies where governments have popularized gambling expansion by “earmarking” revenues for particular good causes and where the state has collaborated with the voluntary sector to deliver programs from this revenue stream are examined. Lessons learned from challenges of various approaches are considered.

How Do Start-Ups Obtain Their Legal Services?, Darian M. Ibrahim

Faculty Publications

This Essay is the first to examine, using responses to online surveys, the use of in-house versus outside counsel by rapid-growth start-up companies. It also explores, from the vantage point of the start-up’s entrepreneur, some reasons for that choice. The Essay tests several hypotheses derived from the economic and entrepreneurship literatures about the benefits of in-house versus outside counsel in the unique context of start-up firms.

Knowledge, Wisdom, And Service: The Meaning And Teaching Of Professionalism In Medicine, Matthew K. Wynia

Center for the Study of Ethics in Society Papers

Papers presented for the Center for the Study of Ethics in Society Western Michigan University. Presented September 29, 2011.

Who’S Afraid Of The Apa?, David J. Shakow

All Faculty Scholarship

The Supreme Court’s decision in Mayo Foundation for Medical Education and Research v. United States means that tax practitioners must be more sensitive to administrative law and judicial deference to administrative rules. This includes gaining some familiarity with the Administrative Procedure Act (APA) and the major cases that deal with judicial deference to administrative action, starting with Chevron USA Inc. v. Natural Resources Defense Council Inc. While the Supreme Court spends a lot more time considering issues of administrative law rather than tax law, the many decisions don’t result in a clear set of rules as to how courts are …

Labor, Industry Fighting Over Unemployment Benefits — Sounds A Lot Like The 1960s, Charles A. Scontras

Bureau of Labor Education

Current legislative efforts to reform the unemployment compensation law (LD1725) by increasing penalties for fraud and tightening qualifications for benefits, e.g., removal of the exemption of vacation time as a factor in assessing benefits and lengthening the search for employment after six weeks rather than the current requirement of twelve weeks, triggers some historical images.

Victoria’S Little Secret, Matthew Deem, Christopher Aiken, Matt Colleen, Matthew Rhoades

MICCSR Presentations

This mini-case outlines a series of articles that ran in Bloomberg outlining the use of child slave labor in the fair trade cotton fields of Burkina Faso that had been used exclusively in Victoria’s Secret products. Giving students and opportunity to develop strategies and tactics that respond to a real-world public relations issue, this case also lets students explore the CSR issues inherent in a firm’s supply chain. Although trying to do the “right thing” Victoria’s Secret got caught up in the certification dilemma that many firms face.

Part II of the video

Victoria's Little Secret: Addressing Child Labor, Andrea Cerna, Michael Lawrence, Eileen Smith, Nicole Winjum

MICCSR Presentations

This mini-case outlines a series of articles that ran in Bloomberg outlining the use of child slave labor in the fair trade cotton fields of Burkina Faso that had been used exclusively in Victoria’s Secret products. Giving students and opportunity to develop strategies and tactics that respond to a real-world public relations issue, this case also lets students explore the CSR issues inherent in a firm’s supply chain. Although trying to do the “right thing” Victoria’s Secret got caught up in the certification dilemma that many firms face.

Part II of video

Agenda: Air Quality Impacts From Oil And Gas Development, University Of Colorado Boulder. Natural Resources Law Center

Air Quality Impacts from Oil and Gas Development (January 27)

Oil and gas development and hydraulic fracturing have received enormous attention over the past few years, and most of that attention has focused on the potential impacts of such development on water quality. However, the potential impacts on air quality from oil and gas development have received far less public and media attention and discussion. This two-hour program will assess the current scientific knowledge, regulatory requirements and policies regarding the impacts on air quality from oil and gas development and will address current initiatives at the state and national levels to further regulate and control those impacts.

Slides: Air Monitoring And Litigation Update, John Jacus

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Jacus, Partner, Davis Graham & Stubbs LLP, reviews recent litigation aimed at oil and gas development activities with respect to air emissions impacts, and also several recent and ongoing studies and ambient monitoring efforts focused upon air emissions from oil and gas activities

23 slides

Slides: Hydrofracking: Air Issues And Community Exposure, Debra A. Kaden

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Debra Kaden, Ph.D., Toxicologist, ENVIRON International Corporation, discusses air concentrations of chemicals of potential health concern surrounding oil and gas development activities, as well as temporal and spatial patterns of these chemicals in the ambient environment. Such information is necessary to evaluate possible health impacts of the drilling process on air in surrounding communities.

19 slides

Slides: Unconventional Gas And Oil – Potential Air Emissions, John Imse

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: John Imse, Hydrogeologist, ENVIRON International Corporation presents an overview of the current methods for developing a shale play and the typical site operations

10 slides

Slides: Air Quality - Oil And Gas Development, Paul R. Tourangeau

Air Quality Impacts from Oil and Gas Development (January 27)

Presenter: Paul Tourangeau, Assistant General Counsel, DCP Midstream, LP and former Director, Colorado Air Pollution Control Division, addresses regulatory requirements and policies related to air emissions from the oil and gas sector, including recent and current initiatives at the state and federal level

8 slides

Research Week 2012, Linda Gardiner

Office of Research Institutional Research and Scholarship

No abstract provided.

Message In Mortgage: What Dodd-Frank's 'Qualified Mortgage' Tells Us About Ourselves, David Reiss

Faculty Scholarship

No abstract provided.

It’S My Body: The Biomedical Ethics Of Cell And Organ Harvest, Christina Perri

Common Reading Essay Contest Winners

First Place

Working Conditions And Patient Safety: Safe Staffing In Maine's Hospitals, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

A growing body of research is now documenting how serious problems in the work environments of nursing care in American hospitals are posing a threat to patient safety, as well as contributing to shortages of nurses working in hospital settings and in greater job stress and burnout among nurses. A major factor in this picture, according to a major report by the National Institute of Medicine, is the issue of chronic understaffing among direct care nurses.

What You Need To Know About Worker's Compensation, Bureau Of Labor Education. University Of Maine

Bureau of Labor Education

Annual data compiled by the U.S. Department of Labor consistently reveal that for too many workers the result of their employment is a job-related injury, illness, and in a number of cases, death. These data document the ongoing need and importance of workers’ compensation. The purpose of this paper is to provide an overview on: • workers’ compensation, how it evolved in the U.S., and the impact of this history today; • developments with Maine’s law, and resources for accessing information on this statute; and • the need to reform workers’ compensation for Maine workers.

Prosecution In 3-D, Kay L. Levine, Ronald F. Wright

Faculty Articles

Despite the multidimensional nature of the prosecutor’s work, legal scholars tend to offer a comparatively flat portrait of the profession, providing insight into two dimensions that shape the prosecutor’s performance. Accounts in the first dimension look outward toward external institutions that bear on prosecutors’ case-handling decisions, such as judicial review or the legislative codes that define crimes and punishments. Sketches in the second dimension encourage us to look inward, toward the prosecutor’s individual conscience.

In this Article we add depth to the existing portrait of prosecution by exploring a third dimension: the office structure and the professional identity it helps …

Victoria's Little Secret, Joe Lawless

MICCSR Case Studies

This mini-case outlines a series of articles that ran in Bloomberg outlining the use of child slave labor in the fair trade cotton fields of Burkina Faso that had been used exclusively in Victoria’s Secret products. Giving students and opportunity to develop strategies and tactics that respond to a real-world public relations issue, this case also lets students explore the CSR issues inherent in a firm’s supply chain. Although trying to do the “right thing” Victoria’s Secret got caught up in the certification dilemma that many firms face.

Transnational Business Governance And The Management Of Natural Resources, Virginia Haufler

Transnational Business Governance Interactions Working Papers

In the last two decades, the international community has intervened directly to reduce the conflict and corruption that accompany natural resource development in weakly governed states. These efforts converge on the norm of information disclosure by a number of different transnational business governance initiatives. This article examines how the successive failures of public and private efforts led to patterns of convergence and divergence in the transnational governance of the extractive sector. The timing of the effort, combined with variation in industry structure, differences in the targets of information disclosure, and learning over time influence the outcome in each case. This …

Iso 26000: Bridging The Public/Private Divide In Transnational Business Governance Interactions, Kernaghan Webb

Transnational Business Governance Interactions Working Papers

This paper explores the proposition that the ISO 26000 social responsibility guidance standard represents an innovative form of global social responsibility (SR) rule instrument that performs five key distinctive bridging functions in addressing public and private transnational business governance interactions: (1) top down transpositions of key concepts from inter-­‐governmental instruments directed at first instance at states into a non-­‐state global SR rule instrument applying directly to transnational corporations (TNCs) and other organizations; (2) bottom up transpositions of key concepts from non-­‐state SR instruments of narrow focus to apply more broadly to all SR activities; (3) innovations in the standards development …

Transnational Business Governance Interactions And Technical Systems In Global Finance, Tony Porter

Transnational Business Governance Interactions Working Papers

Most transnational regulatory problems involve technical systems: extended sets of productive connections between humans, organized knowledge, and material objects. The functioning and relations between transnational business governance (TBG) schemes in any particular issue area are usually shaped by these technical systems. These technical systems and the material world that they interact with are not simply exogenous environments for tBG schemes. Individual TBG schemes can enhance their power and influence by expanding their function in a technical system, by incorporating the material aspects of the system into their activities, or by producing the system's technical knowledge. I hypothesize that where a …

The Architecture Of Transnational Private Regulation, Fabrizio Cafaggi

Transnational Business Governance Interactions Working Papers

Conflicting interests among private actors constitute an important factor to explain why and how transnational private regulation has grown and the proliferation of standards and standard setting organizations that has followed. This essay provides a map of transnational regulatory space suggesting that the different levels are related to various governance responses to conflicts within the private sphere and between private and public actors.Three levels of the global regulatory space are considered: (1) the single global regulatory body, where interests are integrated into one organization, (2) the regime, in which multiple organizations operate, regulating within the same policy field, (3) multiple …

Forecasts For A Fairer Future, Wanjiru Kamau-Rutenberg

Politics

A system delivering weather details via short message service (SMS) to farmers in Kenya makes use of traditional and modern forecasting methods, alerting them to periods of heavy rain or drought. The IGAD Climate Prediction and Applications Centre (ICPAC), a climate research institute representing seven east African countries, is working on a system using cell phones to help farmers address the negative impacts of climate change. The new system makes use of the Nganyi's traditional forecasting techniques combined with data from the Kenya Meteorological Department (KMD). KMD staff compile the resulting information and enter it into a database. The information …