Law Commons^™

Transgender Theory: Reprogramming Our Automated Settings, Marybeth Herald

Marybeth Herald

Over the course of the last few decades, both law and society have struggled to deprogram unhelpful and downright destructive gender stereotypes that are ubiquitous in our everyday existence. It has not been an easy task, nor entirely successful on either the legal or cultural front. Laws that prohibit gender discrimination, such as Title VII, have helped end overt discrimination. The next phase involves the challenging problem of unconscious bias, which often effectively keeps us treading the same mental paths while bypassing any roads not traveled.

It is not surprising then that when the validity of even the basic categories …

Legal Borrowing Is A Two-Way Street, Frank Garcia

Frank J. Garcia

No abstract provided.

Australia: Revised Guidance Note On Lock-Up Devices, Mark Mcnamara, Danielle Ireland-Piper

Danielle Ireland-Piper

The Takeovers Panel in Australia has issued a final version of Guidance Note 7 on lock-up devices, says Baker & McKenzie. Essentially, GN7 states that while lock-up devices are not inappropriate per se, the panel is concerned to ensure that transactions take place in an efficient, competitive and informed market.

The Long, Complex, And Futile Deportation Saga Of Carlos Marcello, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

International Decisions: Occidental Exploration And Production Company V. The Republic Of Ecuador, Susan Franck

Susan D. Franck

Occidental v. Ecuador is the first claim under a bilateral investment treaty claim involving tax issues. This case comment analyzes the tribunal's award and offers a critique of both the analysis and the conclusion. This comment suggests that the tribunal may have gone further than necessary in its analysis of arbitrary measures impairing investment, failed to engage in a sector-by-sector analysis of national treatment, and compressed the analysis of separate rights into one broad test for evaluating fair and equitable treatment. The comment concludes that Occidental may best be understood as confined to its unique facts lest there be larger …

The Nature And Enforcement Of Investor Rights Under Investment Treaties: Do Investment Treaties Have A Bright Future?, Susan Franck

Susan D. Franck

The number of bilateral and multilateral investment treaties has surged in the past decade. Investors are actively using these treaties to bring claims against sovereign states, and many of these tribunals have come to conflicting - if not diametrically opposed - results on the meaning of substantive treaty rights. This article evaluates the positive and negative attributes of such inconsistencies and the impact upon the rule of law. The article recommends building safeguards into the current dispute resolution process to minimize the negative impact of inconsistency and maximize its positive attributes.

Contributing Author, David Wirth

David A. Wirth

No abstract provided.

Taking Democracy Global: Assessing The Benefits And Challenges Of A Global Parliamentary Assembly, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Advocates Should Use Applicable International Standards To Address Violations Of Undocumented Migrant Workers In The United States, Connie De La Vega, Conchita Lozano-Batista

Connie de la Vega

This article seeks to provide migrant rights advocates with international legal arguments that can be used to address domestic human rights abuses when domestic law is inadequate and in violation of U.S. treaty obligations. It discusses applicable international law and suggests how these standards may be used to protect migrant workers. The article: describes the working conditions of undocumented migrants in the United States, highlighting recent violations of their human rights. It discusses Hoffman Plastics Compounds, Inc. v. National Labor Relations Board, 535 U.S. 137 (2002), which limited the rights of undocumented workers, and its aftermath and in which there …

Watching Your Step: Avoiding The Pitfalls And Perils Of Corporate Internal Investigations, Lucian E. Dervan

Lucian E Dervan

Since the creation of the Corporate Fraud Task Force in July 2002, the United States Department of Justice and the other member agencies have worked feverishly to ferret out corporate crime and punish wrongdoers. The Task Force, in the three years following the announcement of its formation by President Bush, has instituted hundreds of investigations, secured over five hundred corporate fraud convictions or guilty pleas, and charged over nine hundred defendants. Not to be outdone by federal law enforcement authorities, some state attorneys general have followed suit, pursuing their own well-publicized probes of corporate practices. The stakes in these investigations …