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Full-Text Articles in Law

On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel Dec 2008

On The Many Flavors Of Capitalism Or Reflections On Schumpeter's Ghost, John Henry Schlegel

Buffalo Law Review

Most legal scholars treat capitalism as a genus with one species. The appearance of several books that argue to the contrary suggests that it is sensible to revisit this assumption. Discussion begins by considering the constructed nature of markets, the importance of market systems, and the role of financings as the factor distinguishing capitalism from other forms of a market economy. Thereafter, four articulations of the varieties of capitalism are reviewed: the classic Marxist one, one by a political economist, another by a pair of comparative political scientists, and third by a trio of economists. This review leads to a …


Seductions Of Imperialism: Incapacitating Life, Fetishizing Death And Catastrophizing Ecologies, Anna M. Agathangelou May 2008

Seductions Of Imperialism: Incapacitating Life, Fetishizing Death And Catastrophizing Ecologies, Anna M. Agathangelou

Human Rights & Human Welfare

“China’s Olympic Delusion” is a great piece which gestures to the ironies and/or contradictions of political systems in bed with imperialist-capitalism as we know it at this time: the tensions between a dominant idea that liberal democracy is the best political system to pay attention to and address human rights, and capitalism with no limits, can go hand-in-hand. This is merely the delusion, and also the fantasy, that keeps “us” (i.e., citizens, intellectuals etc) put, and from thinking critically.


March 29, 2008: Secularists And Tibet, Bruce Ledewitz Mar 2008

March 29, 2008: Secularists And Tibet, Bruce Ledewitz

Hallowed Secularism

Secularists and Tibet


The "White But Not Quite Man's Burden": Disrupting The Apogee Of Imperial Hegemony?, Anna M. Agathangelou Mar 2008

The "White But Not Quite Man's Burden": Disrupting The Apogee Of Imperial Hegemony?, Anna M. Agathangelou

Human Rights & Human Welfare

The victory of late capitalism and its supreme reign through intensified war have been triumphantly trumpeted in popular media, especially since 1989 after the fall of the former Soviet Union. These aspects do indeed need to be understood and explained and Khanna attempts, in the tradition of realism/pragmatism, to do so.


Stakeholder Governance: A Bad Idea Getting Worse, George W. Dent Jan 2008

Stakeholder Governance: A Bad Idea Getting Worse, George W. Dent

Faculty Publications

Calls for a stakeholder voice in corporate governance never end, as evidenced by the Symposium Corporations and Their Communities to which this paper is a contribution. The demise of labor unions and explosion of executive compensation while the income of most Americans has stagnated over the last several years has precipitated cries for remedial action, some of which include stakeholder governance. Although complaints about deepening inequality are just, other remedies should be pursued. The traditional objections to stakeholder governance remain valid: the interests of stakeholder groups clash not only with those of the shareholders but also with each other, and …


Just Back From The Human Rights Council, Makau Mutua Jan 2008

Just Back From The Human Rights Council, Makau Mutua

Journal Articles

The piece critically looks at the transition from the UN Commission on Human Rights to the UN Human Rights Council in 2006 and questions whether the change is one of substance or form. It argues that the same paralysis that dogged the Commission will continue to afflict the Council because power politics and regional blocs - fueled by the global asymmetries of power - will not go away. The piece also contends that the charge by the West that the Commission was utterly compromised by the Third World was without merit because it was the one forum where developing could …


We Are All Entrepreneurs Now, David E. Pozen Jan 2008

We Are All Entrepreneurs Now, David E. Pozen

Faculty Scholarship

A funny thing happened to the entrepreneur in legal, business, and social science scholarship. She strayed from her capitalist roots, took on more and more functions that have little to do with starting or running a business, and became wildly popular in the process. Nowadays, "social entrepreneurs" tackle civic problems through innovative methods, "policy entrepreneurs" promote new forms of government action, "norm entrepreneurs" seek to change the way society thinks or behaves, and "moral entrepreneurs" try to alter the boundaries of duty or compassion. "Ethnification entrepreneurs," "polarization entrepreneurs," and other newfangled spinoffs pursue more discrete objectives. Entrepreneurial rhetoric has never …