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Articles 961 - 990 of 1369
Full-Text Articles in Law and Society
Dec. 1, 2006, R. Kyte, Ifc, Letter To B. Jenkins, Bic, Et Al Re Review Of Ehs Guidelines, Rachel Kyte
Dec. 1, 2006, R. Kyte, Ifc, Letter To B. Jenkins, Bic, Et Al Re Review Of Ehs Guidelines, Rachel Kyte
IFC E&S Performance Standards
No abstract provided.
Nov. 3, 2006, Cao-About Us, Webpage, Cao
Nov. 3, 2006, Cao-About Us, Webpage, Cao
CAO General 1999-Present
No abstract provided.
A Complete Property Right Amendment, John H. Ryskamp
A Complete Property Right Amendment, John H. Ryskamp
ExpressO
The trend of the eminent domain reform and "Kelo plus" initiatives is toward a comprehensive Constitutional property right incorporating the elements of level of review, nature of government action, and extent of compensation. This article contains a draft amendment which reflects these concerns.
Of Politics And Policy: Can The U.S. Maintain Its Credibility Abroad While Ignoring The Needs Of Its Children At Home?—Revisiting The U.N. Convention On The Rights Of The Child As A Transnational Framework For Local Governing, Cleveland Ferguson
ExpressO
The article uses the lens of the Convention on the Rights of the Child as a framework for developing solutions. It compares the world’s approach of using the underpinnings of the Convention to create the Millennium Development Goals (MDGs). This process represents a positive evolution in international human rights law. Use of the MDGs has met with some success. As a result, the article compares the U.S. go-it-alone approach with that of the collaborative model of the MDGs. Pointing out that child law is primarily state law, the article then discusses the ways in which local governments (cities, counties, and …
Oct.10, 2006, Cao, Draft Op. Guidelines With D.Hunter Margin Notes, Cao
Oct.10, 2006, Cao, Draft Op. Guidelines With D.Hunter Margin Notes, Cao
CAO General 1999-Present
No abstract provided.
China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto
China-Australia Free Trade Agreement New Icing On An Old Cake-An Opportunity For Fair Trade?, Benedict Sheehy, Jackson N. Maogoto
ExpressO
The on-going challenge in economic development and globalization, particularly for developing countries, is the issue of development and equality in society. The issue becomes particularly problematic when confronted in matters of international trade. Often misnamed anti-globalization activists and pro-globalization activists fail to take note of the underlying assumptions that lead them to conflict—namely, the actual costs and benefits to society that result from their particular positions. In essence, both activists are searching for ways to improve the lives of people in the domestic context and to minimize the damage to their society and environment. China’s impressive economic record is threatened …
Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy
Un-Fair Trade As Friendly Fire: The Australia-Usa Free Trade Agreement, Benedict Sheehy
ExpressO
Trade, economists and trade theorists advise, is a mutually beneficial exercise. Among this group, a particular set of advocates, claim that “Free Trade” is in the interest of all parties. As will be demonstrated, Free Trade is not truly “free” but an exercise of foreign policy and the implementation of policies favouring wealthy corporate interest groups. Free Trade is controlled by wealthy nations who have stacked the rules in favour of themselves, and in particular their corporate interests, and against the poor producers in poor nations. This control is used contrary to fairness, economic and ecological logic. Fair trade, by …
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary C. Daly
Flattening The World Of Legal Services? The Ethical And Liability Minefields Of Offshoring Legal And Law-Related Services, Carole Silver, Mary C. Daly
ExpressO
This article examines offshore outsourcing of legal and law-related services as the newest twist in the international market for legal services. We consider the impact of offshore outsourcing on the profession generally and analyze the ethical issues raised by offshore outsourcing, both as it exists today and as the practice may develop in the future. The article begins by situating offshore outsourcing in the framework of relationships created in the context of delivery of legal services. This framework is used, in turn, to construct a structure of analysis for the ethical implications of offshore outsourcing. Lawyers who outsource to offshore …
A Defense Of Structural Injunctive Remedies In South African Law, Danielle E. Hirsch
A Defense Of Structural Injunctive Remedies In South African Law, Danielle E. Hirsch
ExpressO
This Article argues that the use of structural injunction remedies by South African courts is appropriate, and, in light of demonstrated government inaction, often necessary in order to give meaning to the protection of socio-economic rights, which is mandated by their Constitution. The Article draws upon numerous United States judicial decisions where structural injunctions have been successfully implemented to address systemic institutional inaction and violations of the equal protection and due process clauses of the United States Constitution. In numerous instances, the South African government has not acted to effectively give meaning to the socio-economic rights which were broadly declared …
Jumping On The Bandwagon: How Canadian Lawyers Can & Should Get Involved In The Emerging Trend To Implement Therapeutic Jurisprudence Practices In Canadian Courts, Brooke Bloom
ExpressO
No abstract provided.
Aug 1, 2006, Ifc, Draft Ehs Guidelines For Aquaculture, Ifc
Aug 1, 2006, Ifc, Draft Ehs Guidelines For Aquaculture, Ifc
IFC E&S Performance Standards
No abstract provided.
Governance Of Brazilian Pension Funds, Luciana Pires Dias
Governance Of Brazilian Pension Funds, Luciana Pires Dias
ExpressO
This paper analyzes theoretically and empirically the governance of pension funds in Brazil. It first demonstrates that the law allows sponsors (employers) to write contracts (by-laws) governing the relationships between the sponsors, the managers and the participants (employees) of the pension funds. It also explains that, from an agency theory perspective, this legal framework favors non-optimal governance structures, since sponsors do not bear the financial consequences of the contracts they create. As predicted, the empirical evidence reported in this thesis shows that sponsors use this authority to create contracts that minimize monitoring and maximize control over business decisions to the …
Developing Development Theory: Law & Development Orthodoxies And The Northeast Asian Experience, John K.M. Ohnesorge
Developing Development Theory: Law & Development Orthodoxies And The Northeast Asian Experience, John K.M. Ohnesorge
ExpressO
None of the orthodox theories about law and economic development produced in recent decades has been based on a study of the "miracle" economies of Northeast Asia, nor have any of these orthodoxies seriously been tested against the Northeast Asian experience of law and development. This article conducts such a test, finding that none of these orthodoxies fares well when its claims are tested against the Northeast Asian experience. Rather than using Northeast Asia's experience to produce yet another orthodoxy, however, this article instead proposes rethinking how we understand the task of legal technical assistance, a rethinking which is based …
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
Bond Repudiation, Tax Codes, The Appropriations Process And Restitution Post-Eminent Domain Reform, John H. Ryskamp
ExpressO
This brief comment suggests where the anti-eminent domain movement might be heading next.
Women Fighting Poverty In Cameroon: A Legal Perspective!, Geraldine Chin C K G Chin
Women Fighting Poverty In Cameroon: A Legal Perspective!, Geraldine Chin C K G Chin
ExpressO
Poverty in Sub Saharan Africa has many causes, which range from the impact of the Structural Adjustment Programs, the huge foreign debt and policies that encourage mismanagement of state resources. This growing poverty and underdevelopment has attracted the attention of the international community to pursue programs aimed at attaining the UN Millennium Development Goals, foreign debt relief and increased development aid. During the introduction of policies that brought about economic hardship, African women were not consulted and their voices were not heard. Yet it is these women who feel most of the impact of these policies. During the period of …
The World Bank And The Ideology Of Reform In International Development Discourse, Joel M. Ngugi
The World Bank And The Ideology Of Reform In International Development Discourse, Joel M. Ngugi
ExpressO
Does the current development reform agenda, especially the one operationalized by the World Bank, is Ideological? If so, does it matter? These are the two questions that animate this article. In answering both questions in the affirmative, the article first demonstrates how the current development reform agenda is Ideological. It then discusses why and how it matters that the development reform agenda is Ideological. First, the article argues that Ideological rendering of the development reform agenda effectively weakens the ability of Third World countries to articulate their economic and foreign policies in ways that would benefit their citizenry the most. …
May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao
May 2006, W. Van Winklin, Cao, Overview Of Retrospective Analysis Of Cao Effectiveness, Powerpoint, Warren Van Wicklin, Cao
CAO General 1999-Present
No abstract provided.
May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program
May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program
IFC E&S Performance Standards
No abstract provided.
May, 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda, Cao
May, 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda, Cao
CAO General 1999-Present
No abstract provided.
May 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda(Annotated), Cao
May 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda(Annotated), Cao
CAO General 1999-Present
No abstract provided.
April 30, 2006 Ifc, Sustainability Policy, E&S Performance Standards, And Information Disclosure Policy, Ifc
IFC E&S Performance Standards
No abstract provided.
April 30, 2006, Ifc, Draft, Consultation And Broad Community Support, Review Procedures, Ifc
April 30, 2006, Ifc, Draft, Consultation And Broad Community Support, Review Procedures, Ifc
CAO General 1999-Present
No abstract provided.
April 30, 2006, Consultation Advisory No. 14, New Ifc Sustainability Perf. Standards Now In Force, Lucie Giraud
April 30, 2006, Consultation Advisory No. 14, New Ifc Sustainability Perf. Standards Now In Force, Lucie Giraud
IFC E&S Performance Standards
No abstract provided.
April 30, 2006, Ifc, Guidance Notes For New E&S Performane Standards, Ifc
April 30, 2006, Ifc, Guidance Notes For New E&S Performane Standards, Ifc
IFC E&S Performance Standards
No abstract provided.
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
Any Place For Ethnicity? The Liberal State And Immigration, David Abraham
ExpressO
When it comes to immigration, almost all liberal states are faced with the contradiction between their universalist principles and the real affinities they feel for ethnic kinsmen. This review essay (4000 words) addresses the different ways a number of liberal democracies have handled this dilemma.
April 21, 2006, W. Van Winklin, Cao, Summaries Of Cao Effectiveness In Cases, Cao
April 21, 2006, W. Van Winklin, Cao, Summaries Of Cao Effectiveness In Cases, Cao
CAO General 1999-Present
No abstract provided.
The Role Of International Arbitrators, Susan Franck
The Role Of International Arbitrators, Susan Franck
Scholarly Articles in Law Reviews & Journals
With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.' Arbitration has taken on such prominence in the international context that commentators express "little doubt that arbitration is now the first-choice method of binding dispute resolution" and has "largely taken over litigation."'
Mar. 29, 2006, Int'l Acc. Project, Analysis Of Ifc Perf. Standard 5, Ifc
Mar. 29, 2006, Int'l Acc. Project, Analysis Of Ifc Perf. Standard 5, Ifc
IFC E&S Performance Standards
No abstract provided.
Mar. 15, 2006, D. Hunter, Memo To A. Durbin & S. Herz Re Analysis Of Ifc Perf. Standards Against Old Safeguards, David Hunter, Andrea Durbin, Steve Herz
Mar. 15, 2006, D. Hunter, Memo To A. Durbin & S. Herz Re Analysis Of Ifc Perf. Standards Against Old Safeguards, David Hunter, Andrea Durbin, Steve Herz
IFC E&S Performance Standards
No abstract provided.
Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson
Global Pharmaceutical Patent Law In Developing Countries- Amending Trips To Promote Access For All, Angela J. Anderson
ExpressO
This comment will analyze the need to amend and revise the current global pharmaceutical patent system under TRIPS to take into account the needs of developing countries and overall public health. This comment will emphasize that the current international trade rules, which although administered by the WTO, are dictated by developed country governments and powerful pharmaceutical companies, and therefore, without reform will further diminish the access of poor people in developing countries to vital medicines. Part II of this comment will provide a general overview of the international trade law governing patents on pharmaceuticals focusing specifically on the development of …