Law Commons^™

Corporate Social Responsibility And Workers’ Rights, Lance A. Compa

Lance A Compa

[Excerpt] Corporate social responsibility (CSR) brings an important dimension to the global economy. CSR can enhance human rights, labor rights, and labor standards in the workplace by joining consumer power and socially responsible business leadership—not just leadership in Nike headquarters in Oregon or Levi Strauss headquarters in California, but leadership in trading house headquarters in Taiwan and Hong Kong, and leadership at the factory level in Dongguan and Shenzhen. Ten years ago, I would not have said this. I viewed corporate social responsibility and corporate codes of conduct as public relations maneuvers to pacify concerned consumers. Behind a facade of …

Crd And Liquidity, Marco Lamandini

Marco Lamandini

The Committee has requested an opinion on CRD and liquidity. This briefing paper is intended to offer a view on this issue, the relevance of which for the sound management and prudential supervision of banks has been clearly highlighted by the current financial crisis. Paragraph 1 provides for a brief overview of the CRD proposed amendments concerning liquidity risk management and supervision. Paragraph 2 briefly discusses these proposed amendments and CEBS’s recommendations on liquidity risk management. Paragraph 3 considers liquidity risk management in a banking group perspective, calling for some additional regulatory efforts to address the problem of “liquidity trap” …

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Czapanskiy, Rashida Manjoo

Karen Czapanskiy

In 2006, the South African Constitutional Court found a constitutional right to participate in the legislative process in the case of Doctors for Life, Case CCT 12/05 (decided 17 August 2006). In this article, we argue that, first, legislation is better when legislators are required to invite and attend to public input, and, second, citizenship is better when legislators are required to invite and attend to public input. Doctors for Life puts South Africa on the road to improving both legislation and citizenship. In the United States, this road is largely untraveled. While rejecting traditional representative democracy as an adequate …

Bureaucracy, Bacteria, And Blame: Risk Based Inspection Systems And The Modern Food Saftey Scheme, Educating Americans To Just Do It Well Done, Heather N. Sutton

Heather N. Sutton

This comment focuses on the recent implementation of the risk based inspection system (RBIS) by the United States Department of Agriculture. A discussion of food safety evolution and consideration of the impact of the system, pre-RBIS and post-RBIS, concludes that consumer savviness is not adequately taken into account and that education as to food safety and risk is the most efficient and necessary component to government efforts to address consumer health as related to food consumption.

Généticisation Et Responsabilité: Les Habits Neufs De La Gouvernance Néolibérale (Uncorrected Proofs), Antoinette Rouvroy

Antoinette Rouvroy

Loin du phantasme spectaculaire d’une “maléabilité” génétique de l’être humain, et nonobstant les discours grandiloquants qui ont accompagné la très coûteuse exploration du génome humain, la “nouvelle génétique humaine” ne révèle ni ne porte atteinte à l’essence de l’être humain (encore faudrait-il qu’une telle essence puisse jamais être définie), mais révolutionne notre perception des causes des smilitudes et variations au sein de l’espèce humaine. Le néologisme ‘généticisation’ désigne la contamination progressive des discours sociétaux (médicaux, juridiques, politiques, sociologiques,...) par une logique réductionniste et essentialiste faisant des gènes la cause privilégiée sinon exclusive des variations inter-personnelles et inter-communautaires au sein de …

Brief: Noe V. Kropf: Intervenor's Memorandum Of Law -- Filed December 4, 2008 -- In The Delaware Court Of Chancery Citing Bigler & Tillman's Void Or Voidable? -- Curing Defects In Stock Issuances Under Delaware Law, Seth Barrett Tillman

Seth Barrett Tillman

Intervenor Turnaround Advisors LLC's (1) Opposition to Plaintiffs' Motion for Default Judgment, Motion for Judgment in the Pleadings and Motion for Attorneys' Fees and Costs; and (2) Opening Brief in Support of its Motion for Attorneys' Fees and Costs at 14 nn.42, 45 & 47, 16 n.55, 18 nn.65 & 67, 19 nn.69-72, Noe v. Kropf (Del. Ch. Dec. 4, 2008) (No. 4050-CC) (citing C. Stephen Bigler & Seth Barrett Tillman, Void or Voidable? -- Curing Defects in Stock Issuances Under Delaware Law, 63 Bus. Law. 1109 (2008)) (filed by Fish & Richardson P.C.), 2008 WL 5196082, 2008 DE Ch. …

Closing Statement: An "Utterly Implausible" Interpretation Of The Constitution: A Reply To Professor Steven G. Calabresi, Seth Barrett Tillman

Seth Barrett Tillman

In a few months, "We the People" will go to the polls and elect the electors who will elect (or, at least, have an opportunity to elect) the next President of the United States. Short of an act of God or an act of war, it is more likely than not that the next President will be a sitting United States Senator. The expectation is that a Senator/President-elect resigns his or her legislative seat some time prior taking the presidential oath of office. It is widely believed in large and influential academic circles and among the educated public generally that …

A Uniquely Canadian Institution: The Copyright Board Of Canada, Daniel J. Gervais

Daniel J Gervais

Several countries have fostered the growth of Collective Management Organizations (CMOs) through legislative initiatives in the belief that CMOs offer a viable solution to the problems associated with individual licensing, collecting royalties and enforcing copyright against large numbers of users. In theory, collective licensing enables creators to exercise rights in a fair, efficient and accessible manner. It ensures copyright protection when individual management of it becomes difficult or impracticable. However, collective management is not a panacea, and questions have been raised about the efficiency and the transparency of CMOs and their continued relevancy in the digital age. This Chapter attempts …

L'Associazione In Partecipazione (O "Società Silente") Nel Diritto Tedesco, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Il Caso "My Way" E Il Contratto Aleatorio Unilaterale, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Circolazione Dei Prodotti Finanziari E Offerta Al Pubblico Nell'art. 100 Bis Tuf, Valerio Sangiovanni

Valerio Sangiovanni

No abstract provided.

Self-Incrimination Doctrine Is Dead; Long Live Self-Incrimination Doctrine: Confessions, Scientific Evidence, And The Anxieties Of The Liberal State, Kenworthey Bilz

Kenworthey Bilz

Confessions have historically been the most compelling evidence the state could offer at a criminal trial. However, improvements in forensic technologies have led to increased use of scientific evidence, such as DNA typing, pattern-recognition software, location tracking devices, and the like, with very impressive rates of reliability. The reliability of these methods has become so impressive, in fact, that it should lead to a reduced reliance on confessions (and other nonscientific evidence, such as eyewitness identifications) in criminal prosecutions. However, this does not mean that the doctrine of self-incrimination, which regulates the acquisition and use of confessions, will no longer …

Las Nuevas Alternativas Societarias En La Legislación Extranjera, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

La Intervención Administrativa Del Estado En La Actividad De Comercio Interior, Daniel Echaiz Moreno

Daniel Echaiz Moreno

No abstract provided.

The Analysis Of Market Dominance And Restrictive Practices Under German Antitrust Law In Light Of Ec Antitrust Law, Anca Daniela Chirita

Anca Daniela Chirita

This article analyses key features of the German Act Against Restraints of Competition (section 19), including the more severe provisions of section 20, and aims to discuss the economic freedom of competition approach to the abuse of a dominant market position. Furthermore, the article details with specific examples of abuse in cases heard by the Federal Cartel Office, with particular focus upon predatory pricing, cross-subsidisation, rebates, exclusive contracts, tying and bundling, refusal abuses, hindrance and abuse of economic dependence. Emphasis is placed upon differences in the implementation of antitrust law and upon answering the question of whether more severe rules …

¿Es Posible La Celebración De Un Contrato De Arrendamiento Entre Copropietarios Sobre Un Bien Indiviso? A Propósito De La “Facultad” De La Corte Suprema De Hacer Realidad Los Imposibles Jurídicos, Alan A. Pasco Arauco

Alan A. Pasco Arauco

No abstract provided.

Los Recursos Impugnatorios Y El Amparo Contra Resoluciones Judiciales En Perú: Un Análisis Funcional, Óscar Sumar

Oscar Súmar

No abstract provided.

Análise Crítica Do Julgamento Por Atacado No Superior Tribunal De Justiça (Lei Nº 11.672/08 Sobre Recursos Especiais Repetitivos), Nelson Rodrigues Netto

Nelson Rodrigues Netto

This study aims at analyzing the law enforcement system for dispute resolution involving multiple and repeated special appeals before the Superior Court of Justice.

O presente estudo tem por objetivo analisar o sistema legal de solução de conflitos envolvendo múltiplos recursos especiais repetidos perante o Superior Tribunal de Justiça.

Comparative Advantages Of The Supreme People’S Court Judgement(最高人民法院判决的比较优势), Meng Hou

Hou Meng

No abstract provided.

The Original Understanding Of The Political Status Of Indian Tribes, Matthew L.M. Fletcher

Matthew L.M. Fletcher

This Article will demonstrate that virtually all elements of Indian affairs can be traced to the decision of the United States to recognize Indian tribes as political entities and to make Indian law and policy based on the political status of Indian tribes. Indian law is often assumed to be race law. As a result, observers tend to try to force Indian law into the constitutional race law paradigm. Justice Blackmun’s footnote 24 in Morton v. Mancari – describing federal legislation and rules relating to Indian tribes as a political classification – hit upon the proper understanding of Indian law. …

China And India Competition Laws: A Comparison, Giulia Piombi

Giulia Piombi

No abstract provided.

De La Integración Internacional, Los Subsidios, La Protección Social Y El Convenio De Seguridad Social Con El Reino De España, Fernando Castillo Cadena

Fernando Castillo Cadena

No abstract provided.

Penn Central For Tomorrow: Making Regulatory Takings Predictable, Kenneth S. Miller

Kenneth S Miller

No abstract provided.

Aspectos Legais Dos Mecanismos De Compartilhamento Monetário: Currency Board, União Monetária E Adoção De Moeda Estrangeira [Legal Aspects Of Currency-Sharing Mechanisms: Currency Board, Monetary Union, And Adoption Of A Foreign Currency], Jefferson Alvares

Jefferson Alvares

Aborda os aspectos jurídicos dos mecanismos que possibilitam a utilização de uma mesma moeda por mais de um Estado: o currency board, as uniões monetárias e a adoção de moeda estrangeira. Analisa as raízes sociais e jurídica da moeda; o papel da moeda na economia internacional, incluindo detalhes sobre os mecanismos de compartilhamento monetário; e as condições para a criação de uma área monetária unificada no Mercosul.

[The paper deals with the legal aspects of mechanisms that enable a single currency to be officially employed in two or more national economies: currency boards, monetary unions, and outright use of a …

International News V Associated Press: A Theme And Variations Over Four Days, Christopher Wadlow

Christopher Wadlow

A series of four classes at the University of Trier (Germany) for undergraduate law students, using the International News v Associated Press case 248 U.S. 215 (1918) to discuss some principles of unfair competition and copyright law, as well as some more fundamental doctrines from the common law, and American Constitutional law.

Unraveling Judicial Restraint: Guns, Abortion, And The Faux Conservatism Of J. Harvie Wilkinson, Iii, Nelson Lund, David B. Kopel

David B Kopel

Writing in the Virginia Law Review, a distinguished federal judge maintains that true conservatives are required to substitute principles of judicial restraint for an inquiry into the original meaning of the Constitution. Accordingly, argues J. Harvie Wilkinson, III, the Supreme Court's Second Amendment decision in District of Columbia v. Heller is an activist decision just like Roe v. Wade: "[B]oth cases found judicially enforceable substantive rights only ambiguously rooted in the Constitution's text." In this response, we challenge his critique.

Part I shows that Judge Wilkinson's analogy between Roe and Heller is untenable. The right of the people to keep …

Mexico, David Enríquez Rosas

David Enríquez Rosas

No abstract provided.

Direct Application Of International Commercial Law In Chinese Courts: Intellectual Property, Trade, And International Transportation, Jie Huang

Jie Huang

Different from scholarship that focuses on the relationship between China and International Law regarding territory, armed conflicts, human rights violations, this article explores the relationship between China and International Law in a commercial setting. It explores how Chinese courts apply international commercial law in adjudicating cases involving foreign factors. Moreover, this article goes beyond contemporary scholarship that concerns international commercial law and China but only focuses on the text of Chinese statutes and judicial interpretations: it elaborates how courts apply statutes and judicial interpretations in actual adjudications through cases studies. By covering cases decided by the Supreme People’s Court and …

Who's Your Daddy?: A Psychoanalytic Exegesis Of The Supreme Court's Recent Patent Jurisprudence, Gretchen S. Sween

Gretchen S. Sween

ABSTRACT Who’s Your Daddy?: A Psychoanalytic Exegesis of the Supreme Court’s Recent Patent Jurisprudence Gretchen S. Sween, Ph.D., J.D. Dechert LLP 300 W. 6th Street Suite 1850 Austin, TX 78701 gretchen.sween@dechert.com Since a new administration took office in 2001, the Supreme Court has granted certiorari in, and then decided, twelve patent cases in six years. Even more extraordinary is the Supreme Court’s remarkable consistency during this recent incursion into patent law: it has either reversed, vacated, and/or remanded Federal Circuit decisions in each instance in opinions that have been unanimous or nearly unanimous. Moreover, the Supreme Court’s rhetoric in formulating …

Getting Property Right: Informal Mortgages In The Japanese Courts, Frank George Bennett

Frank George Bennett Jr.

In Japan's civil law property system, courts recognize a form of extra-statutory security, the jōto tanpo or “title-transfer security interest”, that is created by conveying legal title to the creditor, with a promise to restore title to the debtor upon repayment. This commercial practice pre-dates the deployment of the nation's modern system of alienable title, and as such its modern treatment in the courts provides an informative window on forces that shape a property system undergoing rapid change in the face of economic expansion. When the Civil Code was enacted at the end of the 19th century, recognition of “title-transfer …