Public Policy Commons^™

Nazi Stolen Art: Uses And Misuses Of The Foreign Sovereign Immunities Act, Vivian Grosswald Curran

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U.S. courts in Foreign Sovereign Immunities Act (“FSIA”) cases must interpret a comprehensive statute which has been said to stand or fall on its terms. At the same time, in Nazi-looted art cases, they do not ignore entirely the backdrop of the U.S.’ adoption of international principles and declarations promising to ensure the return of such art. To some extent, such an undertaking has been incorporated into a statutory amendment of the FSIA. The years 2021 and 2022 have seen major developments in the FSIA both at the U.S. Supreme Court and in the D.C. Circuit Court of Appeals in …

Pandemic Surveillance Discrimination, Christian Sundquist

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The COVID-19 pandemic has laid bare the abiding tension between surveillance and privacy. Public health epidemiology has long utilized a variety of surveillance methods—such as contact tracing, quarantines, and mandatory reporting laws—to control the spread of disease during past epidemics and pandemics. Officials have typically justified the resulting intrusions on privacy as necessary for the greater public good by helping to stave off larger health crisis. The nature and scope of public health surveillance in the battle against COVID-19, however, has significantly changed with the advent of new technologies. Digital surveillance tools, often embedded in wearable technology, have greatly increased …

Fair Play: Notes On The Algorithmic Soccer Referee, Michael J. Madison

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The soccer referee stands in for a judge. Soccer’s Video Assistant Referee (“VAR”) system stands in for algorithms that augment human deciders. Fair play stands in for justice. They are combined and set in a polycentric system of governance, with implications for designing, administering, and assessing human-machine combinations.

No-Hire Provisions In Mcdonald's Franchise Agreements, An Antitrust Violations Or Evidence Of Joint Employer?, Andrele Brutus St. Val

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As the archetypical franchisor and industry leader, McDonald’s has come under much public and legal scrutiny in recent years for its business practices and its effects on low-wage and unskilled employees. Its no hire provision—which is a term included in its franchise agreements with franchisees that bars franchisees from hiring each others employees—has been found by economist to suppress wages and stagnate growth. This provision is being challenged under antitrust law while its employment practices are being disputed under labor law. McDonald’s is defending its business practices by presenting two seemingly contradictory defenses. This article explores how McDonald’s position in …

Retaliation In The Eeo Office, Deborah L. Brake

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This Article examines a new and as-yet unexplored development in retaliation law under Title VII and other anti-discrimination statutes: the denial of protection from retaliation to the class of employees charged with enforcing their employers’ internal anti-discrimination policies and complaint procedures. Through distinctive applications of traditional retaliation doctrine and newer rules formulated specifically for this class of employees, these workers are increasingly vulnerable to unchecked retaliation by their employers. This troubling trend has important implications for workplace retaliation law and for employment discrimination law more broadly. This Article makes two contributions to legal scholarship. First, it traces the legal doctrines …

How Foreign Firms Transformed Ireland’S Domestic Economy, Paul Donnelly

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Today, Ireland is host to 1,033 multinational corporations. They directly employ 152,785 and account for 70 per cent or €122.5bn of exports. It’s a story that has its roots in the 1940s.

Link Levy To Services- Not Urban Middle Class Assets, Tom Dunne

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Paying any tax is an unwelcome burden, but in Ireland many have a particular aversion to taxes on their homes. We are not alone in this. Elsewhere, taxes on homes are also unpopular; witness the People's Initiative to Limit Property Taxation which forced the California state government to cut property taxes. Nevertheless, residential property taxes remain an almost universal feature of developed countries because of compelling economic arguments for them. Also, local property taxes are regarded as the best means of funding local government.

Rarely, it seems to me, is there such a distance between what the public wants and …

Building A World-Class System In Ireland’S Financial Crisis, Ellen Hazelkorn

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Irish higher education faces particular difficulties given the severity of its economic crisis. Like other countries, it is engaged in significant system restructuring coupled with managed policy direction. Where Ireland does differ is in its emphasis on a 'whole of country strategy' and commitment that teaching and research go hand-in-hand. This paper looks at the fortunes and mis-fortunes of Irish higher education.

Contribution Of Tertiary Education To Human Capital Development, Labour Market And Skills In The State Of Victoria, Australia, Ellen Hazelkorn

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This chapter examines how effectively TAFE Institutes and universities in the State of Victoria contribute to meeting the social and economic needs of the population in terms of opportunities to study and relevance of the qualifications offered. It identifies some key achievements and areas for improvement. The chapter closes with a series of recommendations that include the need for a greater system approach to tertiary education in order to support sustainable regional development and the role that the State of Victoria can play in this strategy.

Land Value Taxation: Persuasive Theory But Practically Difficult, Tom Dunne

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While the theoretical case for Land Value Taxation is regarded as being very persuasive, most people looking closely at the idea form the view that the practical difficulties of introducing it into an established modern economy are compelling. Nevertheless, in Europe and America the ideas put forward by George continue to influence many people discussing issues around land use planning, urban development and methods of funding infrastructure and local government.