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The Law And Economics Of Corporate Social Responsibility And Greenwashing, Miriam A. Cherry
The Law And Economics Of Corporate Social Responsibility And Greenwashing, Miriam A. Cherry
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In this symposium article, I explore the concept of greenwashing in more depth. In the first part of the article, I start with first principles, looking at the origins of greenwashing, its definitions, and identifying theeconomic incentives that lead firms into the practice. The second part of this article examines the legal structure that allows greenwashing to occur, and with it, explores the pervasiveness and extent ofgreenwashing. The third part of this article articulates the harms of greenwashing. Intuitively, greenwashing involves deception, falsity, and hypocrisy that reflexively seem problematic. Precisely identifying the actual harm inflicted by some forms of greenwashing, …
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff
Alt-Labor, Secondary Boycotts, And Toward A Labor Organization Bargain, Michael C. Duff
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Recently, workers led by non-union labor advocacy groups, popularly labelled “ALT-Labor,” have been staging strikes and other job actions across the low wage economy. Some observers see this activity as the harbinger of a reinvigorated labor movement or, more generally, as audacious dissent by low wage workers with nothing to lose. Others view the activity cynically as an exercise in futility, a struggle against inexorable market forces that refuse to pay $15 per hour to a fast food or big box retail worker. This article takes a different tack, presuming (implicitly using history as its guide) that employers will respond …
A Eulogy For The Eula, Miriam A. Cherry
A Eulogy For The Eula, Miriam A. Cherry
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Participants in the Duquesne University Law Review were asked to write about the future of contract law, specifically contract law in 2025. My contribution is a short science fiction story that is set in 2025. Sometimes, conflicting terms in a contract can give you a headache...or a brilliant idea? Expect both theutopian and dystopian from this story, along with contract law theory.