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Full-Text Articles in Law

Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles Jan 2001

Starbucks And The New Federalism: The Court's Answer To Globalization, Robert Knowles

Law Faculty Publications

No abstract provided.


Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin Jan 2001

Workers’ Rights: A Winding Road In The Trucking Dispute Between The United States And Mexico, Michael S. Plotkin

Richmond Journal of Global Law & Business

No abstract provided.


The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell Jan 2001

The Geography Of Injustice: Borders And The Continuing Immiseration Of California Agricultural Labor In Era Of "Free Trade", Don M. Mitchell

Richmond Journal of Global Law & Business

Why is it that when the reigning ideology governing the expansion of “free trade” is anti-regulatory”, all agree that the movement of people, or rather laborers, must be carefully regulated? Indeed, why are borders strengthened for people just as states of the Western Hemisphere embark on a thorough reconfiguration, and even a dismantling, or borders for capital and goods.


The Very Uncertain Prospect Of 'Global' Convergence In Corporate Governance, Douglas M. Branson Jan 2001

The Very Uncertain Prospect Of 'Global' Convergence In Corporate Governance, Douglas M. Branson

Articles

Elites in the United States legal academy have been uniform in their prediction of "global" convergence on a single model of governance for large publicly held corporations. That model is, of course, the U.S. model. The evidence, though, is only of some trans Atlantic convergence with an outlier here or there. Moreover, the existing scholarship is culturally and economically insensitive. U.S. style corporate governance, with its requirements for truly independent directors who will confront and remove badly performing CEOs, and which has as an element lawsuits brought by activist shareholders, is simply inappropriate for many cultural settings. Post Confucian and …


Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu Jan 2001

Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu

Law Faculty Articles and Essays

In this article, we observe the legalized character of the phenomenon popularly called “globalization.” We first examine what it means to be a legalized phenomenon and observe that an important part of legalization is legitimation. In domestic legal regimes, legitimation is accomplished through the Rule of Law, which makes certain claims about the nature of the society of which the legal regime is a part. Simply stated, the Rule of Law claims that a legal system is legitimate if its rules are definite and predictable and are applied in a general, impartial, and non-retroactive manner. In the international trading system …