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2013

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Articles 12721 - 12750 of 12812

Full-Text Articles in Law

Multilateral Environmental Agreements In The Wto: Silence Speaks Volumes, Henrik Horn, Petros C. Mavroidis Jan 2013

Multilateral Environmental Agreements In The Wto: Silence Speaks Volumes, Henrik Horn, Petros C. Mavroidis

Faculty Scholarship

This study contributes to the debate concerning the appropriate role of multilateral environmental agreements (MEAs) in in WTO dispute settlement. Its distinguishing feature is that it seeks to address this relationship in light of the reason why the parties have chosen to separate their obligations into two bodies of law without providing an explicit nexus between them. The basic conclusion is that legislators’ silence concerning this relationship should speak volumes to WTO adjudicating bodies: MEAs should not be automatically understood as imposing legally binding obligations on WTO Members, but could be used as sources of factual information.


Agency Capitalism: Further Implications Of Equity Intermediation, Ronald J. Gilson, Jeffrey N. Gordon Jan 2013

Agency Capitalism: Further Implications Of Equity Intermediation, Ronald J. Gilson, Jeffrey N. Gordon

Faculty Scholarship

This chapter continues our examination of the corporate law and governance implications of the fundamental shift in ownership structure of U.S. public corporations from the Berle-Means pattern of widely distributed shareholders to one of Agency Capitalism – the reconcentration of ownership in intermediary institutional investors as record holders for their beneficial owners. A Berle-Means ownership distribution provided the foundation for the agency cost orientation of modern corporate law and governance – the goal was to bridge the gap between the interests of managers and shareholders that dispersed shareholders could not do for themselves. The equity intermediation of the last 30 …


The Moral Significance Of Economic Life, Andrzej Rapaczynski Jan 2013

The Moral Significance Of Economic Life, Andrzej Rapaczynski

Faculty Scholarship

Much of the modern perception of the role of economic production in human life – whether on the Left or on the Right of the political spectrum – views it as an inferior, instrumental activity oriented toward self-preservation, self-interest, or profit, and thus as essentially distinct from the truly human action concerned with moral values, justice, and various forms of self-fulfillment. This widely shared worldview is rooted, on the one hand, in the Aristotelian tradition that sees labor as a badge of slavery, and freedom as lying in the domain of politics and pure (not technical) knowledge, and, on the …


Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green Jan 2013

Procedural Hurdles And Thwarted Efficiency: Immigration Relief In Wage And Hour Collective Actions, Llezlie Green

Scholarly Articles in Law Reviews & Journals

Wage theft and its frequent exploitative companions, trafficking and involuntary servitude, have seen substantial increases in recent years. Low-wage workers often bear the brunt of these practices. Vulnerable populations, such as immigrant workers, and more specifically, undocumented workers, experience wage theft and other forms of workplace-related exploitation at alarmingly high rates. Individual adjudications of these claims are neither efficient nor, in many cases, feasible, given attorneys’ aversion to shouldering the risks and costs in cases that may yield only limited attorneys’ fees. The collective adjudication of Fair Labor Standards Act (FLSA) claims, however, largely resolves these challenges and provides an …


Jury Instructions As Constitutional Education, Andrew Ferguson Jan 2013

Jury Instructions As Constitutional Education, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

Juries are central to the constitutional structure of America. This article articulates a theory of the jury as a “constitutional teaching moment,” establishing a historical and theoretical basis for reclaiming the educative value of jury service. Its proposal is straightforward and easy to implement – use jury instructions to educate jurors about the Constitution.This article addresses the fundamental question of why, despite an unquestioned acceptance of a constitutional role of the jury, our criminal justice system does not explain this role to jurors on jury duty. The article seeks to answer the question of how we can educate jurors about …


The Jury As Constitutional Identity, Andrew Ferguson Jan 2013

The Jury As Constitutional Identity, Andrew Ferguson

Scholarly Articles in Law Reviews & Journals

This article seeks to reframe how citizens see jury service in America. Juries once existed at the core of American constitutional identity. At the founding of the country, jury service and voting were twin political rights, equal in stature and importance. Some founders even considered the jury more important than the right to vote as a means to ensure a robust democratic system. During the battles for racial equality (before and after the Reconstruction Amendments) and gender equality (before and after the Nineteenth Amendment), advocates explicitly linked demands for voting and jury service as symbols of political equality. Americans fought, …


A Precedent Built On Sand: Norcon V. Niagra Mohawk, Victor P. Goldberg Jan 2013

A Precedent Built On Sand: Norcon V. Niagra Mohawk, Victor P. Goldberg

Faculty Scholarship

Under the common law, a contracting party could only demand assurance of performance if the other party was insolvent. If a party had reasonable grounds for insecurity, the UCC Section 2-609 allowed it to demand adequate assurance even if the counterparty were solvent. The Restatement (Second) adopted the same rule for non-goods. In NorCon v. Niagara Mohawk the New York court extended the adequate assurance doctrine for some non-goods contracts. Although the decision seems to imply that there is some relation between the NorCon facts and its conclusion as to the law, there is none. Relying primarily on material available …


Remarks By Diane Orentilcher, Diane Orentlicher Jan 2013

Remarks By Diane Orentilcher, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

Twenty years into the contemporary era of international criminal tribunals, a large measure of consensus has developed (at least among states that fund tribunals) has developed around the notion that these courts should dispense justice only in respect of the most serious international crimes. This view is reflected in the Rome Statute of the International Criminal Court (ICC), whose preamble affirms "that the most serious crimes of concern to the international community as a whole must not go unpunished" and whose admissibility provisions direct the Court to dismiss a case on the ground that it "is not of sufficient gravity …


Taking A Break From Acrimony: The Feminist Method Of Ann Scales, Katherine M. Franke Jan 2013

Taking A Break From Acrimony: The Feminist Method Of Ann Scales, Katherine M. Franke

Faculty Scholarship

In this Essay, written as part of a symposium honoring the work of Professor Ann Scales, Professor Katherine Franke explores how Professor Scales may have approached the cutting edge problem of same-sex couples divorcing. Professor Scales's work evidenced a deep commitment to the twin projects of recognizing structural gender disadvantage suffered by women and the tyranny of gender stereotypes. This Essay speculates that Professor Scales's feminist commitments would be unsettled by the application to divorcing same-sex couples of rules and norms of divorce forged in the heterosexual context where gender inequality set the parameters of justice. Indeed, Franke speculates that …


The Agency Costs Of Agency Capitalism: Activist Investors And The Revaluation Of Governance Rights, Ronald J. Gilson, Jeffrey N. Gordon Jan 2013

The Agency Costs Of Agency Capitalism: Activist Investors And The Revaluation Of Governance Rights, Ronald J. Gilson, Jeffrey N. Gordon

Faculty Scholarship

Equity ownership in the United States no longer reflects the dispersed share ownership of the canonical Berle-Means firm. Instead, we observe the reconcentration of ownership in the hands of institutional investment intermediaries, which gives rise to "the agency costs of agency capitalism." This ownership change has occurred because of (i) political decisions to privatize the provision of retirement savings and to require funding of such provision and (ii) capital market developments that favor investment intermediaries offering low-cost diversified investment vehicles. A new set of agency costs arises because in addition to divergence between the interests of record owners and the …


Owning Justice And Reckoning With Its Complexity, Diane Orentlicher Jan 2013

Owning Justice And Reckoning With Its Complexity, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

A series of developments, both doctrinal and political, seem to signify a retreat from earlier innovations in the law and practice of international justice. On closer examination, however, recent developments in international justice cannot be reduced to a single trend line. Even as various actors and processes continue to work out the ground rules for exercising jurisdiction in respect of human rights violations that international law condemns as criminal, and as international and national courts work through the inherently challenging project of redressing mass atrocities, states have increasingly internalized, owned and acted on the principle that they should ensure accountability …


Punitive Preventive Justice: A Critique, Bernard E. Harcourt Jan 2013

Punitive Preventive Justice: A Critique, Bernard E. Harcourt

Faculty Scholarship

This chapter identifies the origins of contemporary preventive endeavour in the work of the RAND Corporation in America, which developed highly technical studies of crime prevention based upon systems analysis. It suggests that RAND promoted a decidedly punitive style of prevention based upon policing and punishment that is replicated in modern ‘punitive preventive measures’. It criticizes these measures, emphasizing the perils they pose and the weakness of their empirical foundations. Most worryingly, these measures typically claim an apolitical, neutral emphasis on efficiency that fails to engage with the political values underlying them. In so doing, it tends to displace much …


Contract And Innovation: The Limited Role Of Generalist Courts In The Evolution Of Novel Contractual Forms, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott Jan 2013

Contract And Innovation: The Limited Role Of Generalist Courts In The Evolution Of Novel Contractual Forms, Ronald J. Gilson, Charles F. Sabel, Robert E. Scott

Faculty Scholarship

In developing a contractual response to changes in the economic environment, parties choose the method by which their innovation will be adapted to the particulars of their context. These choices are driven centrally by the thickness of the relevant market – the number of actors who see themselves as facing similar circumstances – and the uncertainty related to that market. In turn, the parties' choice of method will shape how generalist courts can best support the parties' innovation and the novel regimes they envision. In this Article, we argue that contractual innovation does not come to courts incrementally, but instead …


“[This] I Know From My Grandfather”: The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock Jan 2013

“[This] I Know From My Grandfather”: The Battle For Admissibility Of Indigenous Oral History As Proof Of Tribal Land Claims, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

A major obstacle indigenous land claimants must face is the application of federal evidentiary rules, like the hearsay doctrine, which block the use of oral history to establish legal claims. It is often oral history and stories that tribes rely upon as evidence to support their claims, reducing substantially the likelihood of a tribe prevailing. Indigenous oral history presents unique challenges to judges when faced with its admissibility. Canadian courts have largely overcome these challenges by interpreting evidentiary rules liberally, in favor of the aborigines. As such, Canadian aborigines have enjoyed greater land claim success than indigenous claimants in the …


Putting A Price On Whales To Save Them: What Do Morals Have To Do With It?, Hope M. Babcock Jan 2013

Putting A Price On Whales To Save Them: What Do Morals Have To Do With It?, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

The author explores the moral implication of a proposal to create an international market in whale shares as an alternative to the dysfunctional International Whaling Commission. She finds the proposal amoral because whales, like humans, have an intrinsic right to life. Since this leaves whales vulnerable to whale hunting nations, she suggests that international environmental organizations might help a whale preservation norm emerge in whaling nations by using education and interventionist activities that focus on whaling’s cruelty to ultimately encourage the citizens and governments of those nations to change their self-image as whale eating cultures.


Why Changing Norms Is A More Just Solution To The Failed International Regulatory Regime To Protect Whales Than A Trading Program In Whale Shares, Hope M. Babcock Jan 2013

Why Changing Norms Is A More Just Solution To The Failed International Regulatory Regime To Protect Whales Than A Trading Program In Whale Shares, Hope M. Babcock

Georgetown Law Faculty Publications and Other Works

Whales capture the public's imagination like no other wild animal. They have played a central role in "the social construction of modern ecological thought." Indeed, the survival of whales has been a symbol of the environmental movement since the latter quarter of the twentieth century, when the "slogan 'save the whales' was a call to arms to save the planet from humanity's folly. " Stories about whale conservation implicate cultural clashes, interspecies morality, and global politics. They offer lessons in how not to manage a natural resource, and simultaneously show how both governmental and individual activism can overcome this mismanagement …


The Illusion Of Enhanced Review Of Board Actions, Mary Siegel Jan 2013

The Illusion Of Enhanced Review Of Board Actions, Mary Siegel

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Asbca's Path To The Mega Adr In Computer Sciences Corporation, Paul Williams, Reba Ann Page Jan 2013

The Asbca's Path To The Mega Adr In Computer Sciences Corporation, Paul Williams, Reba Ann Page

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Machine Speech, Tim Wu Jan 2013

Machine Speech, Tim Wu

Faculty Scholarship

Computers are making an increasing number of important decisions in our lives. They fly airplanes, navigate traffic, and even recommend books. In the process, computers reason through automated algorithms and constantly send and receive information, sometimes in ways that mimic human expression. When can such communications, called here “algorithmic outputs,” claim First Amendment protection?


Regulating Electricity Imports Into Rggi: Toward A Legal, Workable Solution, Shelley Welton, Michael Gerrard, Jason Munster Jan 2013

Regulating Electricity Imports Into Rggi: Toward A Legal, Workable Solution, Shelley Welton, Michael Gerrard, Jason Munster

Faculty Scholarship

This white paper evaluates the legal workability and constitutionality of what is frequently considered the most feasible mechanism for RGGI to use in regulating imports: an obligation on RGGI “load serving entities” (LSEs) – those companies responsible for supplying electricity to end-use customers – to purchase allowances to account for the emissions associated with the electricity they sell that is imported. Ultimately, although there are many design complexities yet to be worked out, we find that an LSE-centered approach could present a viable pathway forward for RGGI states’ regulation of imports. It is likely to create long-term price signals about …


Sensibilities For Social Justice Lawyers, Ascanio Piomelli Jan 2013

Sensibilities For Social Justice Lawyers, Ascanio Piomelli

Faculty Scholarship

No abstract provided.


Occasional Publications Of The Bounds Law Library, Number Eight: Traveling The Beaten Trail: Charles Tait’S Charges To Federal Grand Juries, 1822-1825, Paul M. Pruitt Jr., David I. Durham, Sally E. Hadden. Jan 2013

Occasional Publications Of The Bounds Law Library, Number Eight: Traveling The Beaten Trail: Charles Tait’S Charges To Federal Grand Juries, 1822-1825, Paul M. Pruitt Jr., David I. Durham, Sally E. Hadden.

Occasional Publications of the Bounds Law Library

Traveling the Beaten Trail, the eighth of the Occasional Publications of the Bounds Law Library, examines Tait’s career with particular emphasis upon his delivery of grand jury speeches in 1822, 1824, and 1825, followed by edited transcripts of those speeches. The author and editors conclude with a list of Tait’s law library in 1818, just prior to his migration to Alabama.


The Law Of The Body, Meredith M. Render Jan 2013

The Law Of The Body, Meredith M. Render

Articles

This Article posits that a "law of the body" is overdue. In the absence of clarity about the legal status of the human body, courts have constructed a collection of circumstantially defined categories for resolving the question of human body ownership and use. This patchwork approach is awkward, unwieldy, incoherent, and, by many lights, ultimately unjust. Many able minds have been applied to critiquing the distributive consequences of a regime in which we cannot-at any point in our lives- "own" our own bodies (or its constituent parts), but other people can and do. But what has been missing from these …


Representation For The Accused: Haiti's Thirst And A Role For Clinical Legal Education, Kate Bloch Jan 2013

Representation For The Accused: Haiti's Thirst And A Role For Clinical Legal Education, Kate Bloch

Faculty Scholarship

No abstract provided.


Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo Jan 2013

Language Access Laws And Legal Issues: A Local Official's Guide, David Jung, Noemí O. Gallardo

Faculty Scholarship

No abstract provided.


Filipino Amerasians: Gauging Stigmatization, Intolerance And Hatemongering In A Pluralistic Asia Pacific Society, Peter C. Kutschera, Marie A. Caputi Jan 2013

Filipino Amerasians: Gauging Stigmatization, Intolerance And Hatemongering In A Pluralistic Asia Pacific Society, Peter C. Kutschera, Marie A. Caputi

Journal of Hate Studies

Empirical and evidence-based researchers have neglected stigmatization, bias, name-calling, intolerance and even hatemongering experienced by military Filipino Amerasians and other biracial Pan Amerasian progeny who were abandoned abroad by their U.S. servicemen fathers. This condi- tion persists in the Philippines and has been reliably documented in other East and Southeast Asian nation-states, such as Japan, South Korea, and Vietnam. A relatively recent multiple-case study investigating psychosocial risk and mental health among Amerasians in Angeles, Pampanga, site of the former Clark Air Base, substantiated long-reported anecdotal claims that Anglo (White) and particularly African (Black) Amerasians were targets of victimization and traumatized …


In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown Jan 2013

In The System: Facilitating The Reunification Of The Child And The Parents Through Religion, Cherie Nicole Brown

Articles & Chapters

No abstract provided.


Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman Jan 2013

Marriage Rights And The Good Life: A Sociological Theory Of Marriage And Constitutional Law, Ari Ezra Waldman

Articles & Chapters

This is the first in a series of three Articles investigating the underappreciated role that the social theory of Emile Durkheim plays in the quest for the freedom to marry for gay Americans. To that end, this Article begins the discussion by examining the Durkheimian legal arguments that go unnoticed in equal protection and due process claims against marriage discrimination. This Article challenges two assumptions: first, that the most effective legal argument for marriage rights is a purely liberal one, and second, that the substance and rhetoric of liberal toleration cannot exist symbiotically in the marriage discrimination debate with a …


Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard Jan 2013

Introduction: Trial By Jury Or Trial By Motion? Summary Judgment, Iqbal, And Employment Discrimination, Arthur S. Leonard

Articles & Chapters

No abstract provided.


Ask The Professor: How Will The Seventh Circuit Rule In Sentinel Ii?, Ronald H. Filler Jan 2013

Ask The Professor: How Will The Seventh Circuit Rule In Sentinel Ii?, Ronald H. Filler

Articles & Chapters

No abstract provided.