Law Commons^™

A Medical Doctor’S Abstinence From Care Giving In Islamic Jurisprudence (Shari'a) And Common Law

UAEU Law Journal

This paper addresses the following: First, it defines the term “Medicine”, its virtues and wisdom on the basis that care giving (treatment) is not the duty of every Muslim. Second, the study states that freedom of action is the foundation of care giving in the medical profession. Nonetheless, the study goes on to point out that doctors are under solemn duty to provide care, and this is governed by such principles as Islamic jurisprudence (Shari'a) and social responsibility. Third, the issue of whether or not to provide care giving is a contemporary one. This has been addressed in relation to …

L’Enjeu De L’Écriture Dans Mer Méditerranée De Louis-Philippe Dalembert: Dénonciation Ou Mise En Garde?, Nadia N. Iskandarani

BAU Journal - Society, Culture and Human Behavior

Louis-Philippe Dalembert, a Mauritian writer, published in 2019 his novel Mur Méditerranée that sheds the light on an actual issue: the migration crisis. To write this novel, the author was inspired by a real event that occurred in July 2014: the rescue story of illegal migrants by the Danish oil tanker Torm Lotte. In his novel, Louis-Philippe Dalembert portrays three women: Sembar Eritrean, Chochana the Nigerian, and Dima the Syrian; each of them flees the violence that rages in her country and throws herself into a ship that crosses the Mediterranean and leads migrants to Europe. Dalembert, deeply touched by …

Social Responsibility In Advertising: Extending Protections For Children In California’S Modeling Industry, Jordyn Sifferman

Seattle Journal for Social Justice

No abstract provided.

Vicarious Charity: Social Responsibility And Catholic Social Teaching, Paula Dalley

Journal of Catholic Legal Studies

(Excerpt)

This Article begins with a brief introduction to the CSR debate. Part II describes the legal role of various human actors in the corporation, and Part III describes the legal restrictions on those actors’ socially responsible, but unauthorized, decisions. Part IV describes in some detail the relevant social teaching of the Catholic Church and explains that it does not apply to corporations or other corporate actors. Part V then describes the appropriate application of Catholic social doctrine to economic actors.

Fostering Client Altruism And The Common Good In The Practice Of Law: Learning From Emerging Movements In Business And Economics, Ann Juergens, Diane Galatowitsch

Mitchell Hamline Law Review

No abstract provided.

Using Proactive Legal Strategies For Corporate Environmental Sustainability, Gerlinde Berger-Walliser, Paul Shrivastava, Adam Sulkowski

Michigan Journal of Environmental & Administrative Law

We argue that proactive law can help organizations be more sustainable. Toward that end, this Article first summarizes proactive law literature as it pertains to corporate sustainability. Next, it examines a series of cases on the pivotal nexus between proactive law and corporate sustainability. It then advances novel propositions that connect proactive law to central organizational design elements. The discussion traces further implications and suggests fruitful avenues for research and ways of using proactive law for firms to become more sustainable.

The Corporation’S Place In Society, Gabriel Rauterberg

Michigan Law Review

The vast majority of economic activity is now organized through corporations. The public corporation is usurping the state’s role as the most important institution of wealthy capitalist societies. Across the developed world, there is increasing convergence on the shareholder-owned corporation as the primary vehicle for creating wealth. Yet nothing like this degree of convergence has occurred in answering the fundamental questions of corporate capitalism: What role do corporations serve? What is the goal of corporate law? What should corporate managers do? Discussion of these questions is as old as the institutions involved.

Benefit Corporations: Increased Oversight Through Creation Of The Benefit Corporation Commission, Thomas J. White Iii

Journal of Legislation

Traditional for-profit and nonprofit corporate forms do not provide the appropriate framework for an organization pursuing both profits and social responsibility. In response, state legislatures have begun to take initiative by offering new business forms to accommodate for an increased demand in social responsibility. These hybrid forms seek to offer an organization the optimal platform by which to meet their dynamic goals. This Note will analyze the recently popular hybrid form of a benefit corporation. Further, this Note will dissect the Model Benefit Corporation Legislation and explain how benefit corporations provide a solution to the theory of shareholder wealth maximization. …

Resolving The Conflict Between Fiduciary Duties And Socially Responsible Investing, William Sanders

Pace Law Review

Part I of this Article clarifies and strictly defines the frequently nebulous idea of socially responsible investing (“SRI”), explaining its history, trends, and current status. To give perspective and perhaps temper hype, Part II discusses the efficacy of SRI as a method of change, concluding that while SRI may not have much effect on air quality or oppressive foreign governments, there are situations where SRI is useful and even necessary. Part III looks at the conflict between SRI and the fiduciary duties of trustees, investment advisers, and broker-dealers. It shows the contractual nature of fiduciary duties and why this is …

A Framework On Mandating Versus Incentivizing Corporate Social Responsibility, Margaret Ryznar, Karen E. Woody

Marquette Law Review

There are two primary but different methods of controlling behavior, whether it is the behavior of individuals or corporations: to incentivize it or to regulate it. Governments are in a unique position to employ either or both options because of their ability to pass regulatory schemes and to extend tax incentives. This Article analyzes the two methods of shaping corporate behavior, examining the regulation issue through the case of the conflict minerals provision of the Dodd–Frank Act and examining the taxation issue through several examples of corporate tax incentives.

The Rise Of Human Rights Education: Opportunities, Challenges, And Future Possibilities, Lindsey N. Kingston

Societies Without Borders

Human rights education (HRE) has gained increasing support as a tool for promoting social responsibility and global respect for international human rights standards. Many schools and universities include HRE in their curricula in an attempt to foster a sense of global citizenship among students, yet educators still grapple with how to most effectively include human rights in undergraduate programs. In an attempt to provide resources and to promote effective HRE, this article examines the rise of human rights education and analyzes its potential for positive change. In particular, high impact learning practices (such as community partnerships and short-term study abroad …

The Benefit Corporation: A Questionable Solution To A Non-Existent Problem., Justin Blount, Kwabena Offei-Danso

St. Mary's Law Journal

Throughout American history a continuous call for businesses to wield their power and influence in such a way as to not only create economic value for shareholders, but also to create value in an ethical manner that benefits society as a whole has existed. Currently, many businesses respond to this call by integrating social responsibility into their operations. A recent innovation on this front is the development of the “benefit corporation” by the non-profit organization “B Lab.” The benefit corporation is essentially a hybrid entity. It is designed to have characteristics of both non-profit and for-profit entities. The entity also …

Competing Forces In Sustainable Gambling: Towards A Balanced Approach, Nerilee Hing

UNLV Gaming Research & Review Journal

Social responsibility in gambling is increasingly becoming both a policy issue for governments and industries, and a management issue for gambling operators. While many legalized commercial gambling operators adopt a purely economic orientation to their business, non-profit, charity gambling operators tend to focus on the social benefits of their activities. This paper argues that neither a purely economic nor social orientation to gambling is sustainable in the long-term, but that a balance between the two is needed. A well accepted model of corporate social responsibility is adapted to illuminate the competing forces at work in achieving sustainable gambling, and to …

Perception Of Macao Teachers And Students Regarding Gaming Operators' Social Responsibility, Fanny Vong

UNLV Gaming Research & Review Journal

The study brings to the forefront a discussion of corporate social responsibility of gaming operators. It assessed Macao high school students' and teachers' perceptions of the extent of social responsibility being exercised by the six local gaming operators, as well as their support for the operators, and desire for further gaming investment and work opportunities in the gaming sector. The majority of the respondents were not aware of gaming operators exercising socially responsible activities. Among those who were, the majority perceived that only one company was involved and none has participated in protecting the environment, beautifying the city, creating a …

Challenges In Responsible Provision Of Gambling: Questions Of Efficacy, Effectiveness And Efficiency, Nerilee Hing, Jo Mackellar

UNLV Gaming Research & Review Journal

This paper aims to explain why responsible provision of gambling is an important corporate social issue facing many gambling providers by examining its status with reference to three characteristic features of such issues proposed in the corporate social responsibility literature--expectational gaps, impacts and controversy (Wartick and Mahon, 1994). The existence of expectational gaps, impacts and controversy relating to contemporary gambling operations thus clarifies why gambling providers are under pressure to manage their gambling operations in a more socially responsible manner. A second aim is to clarify why resolving this issue has been difficult. Drawing on a second explanatory framework from …

Private Standardization In Public International Lawmaking, Janelle M. Diller

Michigan Journal of International Law

The interplay between market forces and legal compulsion is as old as the Code of Ur-Nammu, yet the financial incentives for social conformity have never been more patent. In what may be its most ambitious effort yet, the International Organization for Standardization (ISO) recently launched the International Standard ISO 26000:2010 (ISO 26000) on social responsibility (SR), a new voluntary standard providing guidance to any organization on good practices in SR.2 ISO 26000 provides wide-ranging guidance on areas of social and environmental conduct that are relevant to public policy and regulation. The single ISO-branded package offers a new product that markets …

"Revolution Through Social Enterprise" At The Graziadio Executive Center At Pepperdine University, Roger P. Alford

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Linking International Markets And Global Justice, Jeffrey L. Dunoff

Michigan Law Review

The U.S. government is the planet's largest purchaser of goods and services; worldwide, states spend trillions of dollars on procurement each year. Yet legal scholarship has devoted relatively limited attention to the conceptual and normative issues that arise when states enter the market. Should states as purchasers be permitted to "discriminate" to advance social objectives - say, racial justice - in ways that would be unlawful when they act as regulators? Is each country free to strike its own balance between the pursuit of economic and social objectives through procurement, or do international trade norms limit state discretion in the …

Trials And Tribulations: What Happens When Historians Enter The Courtroom, David Rosner

Law and Contemporary Problems

In recent years, historians have been brought into legal cases in unprecedented numbers. As the courts have tried to adjudicate responsibility for environmental and occupational diseases, history has played an increasingly central role in decisions that affect the cases themselves and in social policy regarding risk. In suits over tobacco-related diseases, asbestosis, radiation, and other toxic substances, more historians of technology and science, social history, and public health are being sought to provide testimony aimed at assessing responsibility for damages that have arisen years--sometimes decades--after exposure. Here, Rosner traces the use of historians as experts in litigation.

Adr And Litigation Involving Social Problems, Steven Banks

Fordham Urban Law Journal

This Article addresses remarks of the Corporation Counsel of the City of New York, Michael Cardozo, regarding the use of ADR in legal disputes involving municipal government. It also highlights the special responsibilities of class counsel in the ADR context in class action litigation on behalf of vulnerable families and individuals. Specifically, the Article addresses ADR resolutions in Sheppard v. Phoenix, No. 91 Civ. 4148(RPP), 1998 WL 397846 (S.D.N.Y. July 16, 1998), Marisol v. Giuliani, 185 F.R.D. 152 (S.D.N.Y. 1992), and McCain v. Dinkins, 84 N.Y.2d 216 (1994). The Article concludes with a discussion of ADR in the context of …

Animal Rights Without Controversy, Jeff Leslie, Cass R. Sunstein

Law and Contemporary Problems

Many consumers would be willing to pay something to reduce the suffering of animals used as food. Unfortunately, they do not and cannot, because existing markets do not disclose the relevant treatment of animals, even though that treatment would trouble many consumers. Steps should be taken to promote disclosure so as to fortify market processes and to promote democratic discussion of the treatment of animals.

A Return To Descartes: Property, Profit, And The Corporate Ownership Of Animals, Darian M. Ibrahim

Law and Contemporary Problems

Philosopher Rene Descartes claimed that animals were no different than inanimate objects: that they could not think or feel pain. Rejection of Descartes' views on animals is nearly universal, but today's factory farms are only possible by treating animals according to Cartesian principles. When faced with the realization that animal foods can be made affordable to most consumers only through factory farming, society is left with a dichotomous choice: either stop purchasing and consuming animal products, or animals will continue to suffer in factory farms.

The Executive Role In Culturing Export Control Compliance, Matthew G. Morris

Michigan Law Review

Part I argues that the nature of export control enforcement requires extensive self-governing behavior on the part of exporters and that enforcement should be directed toward that end. Part II examines several possible justifications for penalizing a business entity and concludes that deterrence and rehabilitation through education are the most viable, particularly in a self-regulating industry. Part III argues that examining the export compliance program is actually a necessary prerequisite to determining the general culpability required under the general factors, and on that basis alone cannot be relegated to a mitigating factor. Part IV argues that an emphasis on corporate …

Beyond The Alien Tort Claims Act: Alternative Approaches To Attributing Liability To Corporations For Extraterritorial Abuses, Barnali Choudhury

Northwestern Journal of International Law & Business

At one time, the only social responsibility of a business was to increase its profits. During this period, businesses prized dictatorships for their ability to provide stable environments and consumers were not concerned with either where or by whom the shoes they wore were made. However, the increase in globalization changed perceptions. Multinational corporations ("MNCs") began to benefit immensely from globalization and those outside of the MNC environment started to realize that an MNC's profit gains brought about a corresponding responsibility to manage any adverse effects of producing those gains . Suddenly, a company's success was measured by factors other …

Corporate Governance And Sustainable Peace: An Insider's View, Marina N. Whitman

Vanderbilt Journal of Transnational Law

The Author brings her 30 years of experience as a member of numerous corporate boards of directors to bear on the relationship between corporate governance and sustainable peace. In the Author's experience, over the last three decades corporate boards have become more diverse not only in terms of race and gender, but also through a greater focus on international participation. This diversity has led to concern for a broader set of stakeholders and, in many cases, these boards are presently conducting the affairs of their corporations in a more socially-responsible fashion. Despite these gains, however, the Author concedes that recent …

Takings, Efficiency, And Distributive Justice: A Response To Professor Dagan, Glynn S. Lunney Jr.

Michigan Law Review

In A Critical Reexamination of the Takings Jurisprudence, I addressed an efficiency problem that arises when the government attempts to change property rights in a manner that burdens a very few for the benefit of the very many. Specifically, in the absence of compensation, the collective action advantage of the few in organizing to oppose the proposed measure will often give them a decided edge against the many. As a result of that advantage, the few will too often be able to persuade the legislature not to act, even when an objective evaluation of the proposal's costs and benefits would …

Just Compensation, Incentives, And Social Meanings, Hanoch Dagan

Michigan Law Review

In Takings and Distributive Justice, I proposed a progressive interpretation of the Compensation Clause. In his response, published in this issue, Professor Lunney challenges the plausibility and the desirability of my interpretation and proposes an alternative. This Essay compares our approaches. It concludes that Professor Lunney's careful examination of the public choice analysis of takings does refine my theory. Contrary to Professor Lunney's claims, however, these refinements reinforce - rather than undermine - the viability of a progressive takings doctrine. Parts I and II set the stage by summarizing the principal claims made, respectively, in my original Article and in …

Volunteering In Cross-National Perspective: Initial Comparisons, Helmut K. Anheier, Lester M. Salamon

Law and Contemporary Problems

Anheier and Salamon shed some light on volunteering in different parts of the world by exploring the conceptions and patterns of voluntary action cross-nationally. As a cultural and economic phenomenon, volunteering is part of the way societies are organized, how they allocate social responsibilities, and how much engagement and participation they expect from citizens.

The Corporate Social Responsibility Movement - The Latest In Maginot Lines To Save Capitalism, H J. Glasbeek

Dalhousie Law Journal

The modem corporation bad a battle to be accepted as a legitimate institution. In England it was initially seen as a device which might lead to the undermining of individual responsibility, in the United States as subjugating the individual and individualism to the needs of the organization, and in Canada as offending the dignity of labour and endangering the political entente. In 1932, Berle and Means showed that most of the wealth in the United States was in the hands of corporations and a large proportion of that corporate wealth was controlled by a relatively small number of dominant corporations. …

Legal Education And Social Responsibility, Sandra Day O'Connor

Fordham Law Review

No abstract provided.