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Full-Text Articles in Law
Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff
Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff
ExpressO
The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.
The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa
The Rise Of The Code Of Conduct In Japan: Legal Analysis And Prospect, Koji Ishikawa
ExpressO
A code of conduct is a set of rules adopted by transnational corporations (“TNCs”) to regulate mainly working conditions and the management of contract factories. TNCs adopted codes of conduct to cope with the rising criticisms from the public in late 1980s and 1990s about unfair labor practices in contract factories in Third World countries. As the globalization of the economy progressed, like American TNCs, Japanese TNCs also transferred their production bases to developing countries like China, Vietnam, Malaysia and Indonesia in search of low wage labor. The development of a code of conduct in Japan is, however, quite different …
Book Review: Benjamin Geva, Bank Collections And Payment Transactions, Arnold S. Rosenberg
Book Review: Benjamin Geva, Bank Collections And Payment Transactions, Arnold S. Rosenberg
ExpressO
The author reviews Geva, Bank Collections and Payment Transactions (Oxford University Press, 2001). The book is the first comprehensive work on the comparative law of checks and electronic funds transfers, and attempts to identify a universal "law merchant" governing checks and electronic funds transfers in these bodies of law.
The Importance Of Corporate Models, Benedict C. Sheehy
The Importance Of Corporate Models, Benedict C. Sheehy
ExpressO
This article argues that the debate concerning the nature of the corporation is not finished and nor a mere intellectual exercise for interested legal academics. The current model of the corporation as an economic entity—the firm—has a number of imbedded value assumptions. Given the common territory between corporate law and economics, some scholars have come to identify the two as equal partners striving for the same ends. This is a serious error which has had and continues to have significant negative consequences for both the economic situation of the majority and justice in society. These value assumptions are being seriously …
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
Leaving Money On The Table: Contract Practice In A Low-Trust Environment, Ruben Kraiem
ExpressO
Social capital – the level of trust inherent in a society – will affect the contracting practices that are considered standard, practical or fair. These practices in turn will help determine the parties’ positions as they approach their negotiation, how they will communicate, and what terms they will agree in any particular transaction. This is true not only for the small transaction, but also for large and complex deals. As a result, when operating in a low-trust environment, even sophisticated parties (who can bear the costs of tailoring an agreement to their particular case), will be prone to relinquish or …