Competitive And Fair: The Case For Exporting Stronger Extraterritorial Labor And Employment Protection,
2010
UC Law SF
Competitive And Fair: The Case For Exporting Stronger Extraterritorial Labor And Employment Protection, Carson Sprott
UC Law SF International Law Review
Increasingly, U.S. citizens are choosing or being asked to work in foreign countries for U.S. corporations or their direct subsidiaries. American laws often regulate expatriate employment status, but there is drastic inconsistency in the application of such laws. This paper discusses the limited application of U.S. labor and employment laws to U.S. corporations abroad to both American and foreign labor. This is juxtaposed against the stronger rights of alien workers here in the U.S. The analysis is specifically focused on the need for a coherent foreign employment law policy consistently applied by Congress. As a corollary, there is an economic …
Hiv-Based Claims For Protection In The U.S. And U.K.,
2010
UC Law SF
Hiv-Based Claims For Protection In The U.S. And U.K., Ruly Tafzil
UC Law SF International Law Review
This year, millions will suffer persecution and death as a result of their HIV-positive status and AIDS-related illnesses. In the face of this morbid reality stands the promise of refuge offered by the international community, laid out in instruments such as the Convention Relating to the Status of Refugees and the European Convention on Human Rights (ECHR). This note compares and critiques the means by which HIV-positive persons may claim protection in the United States and the United Kingdom. In the United States, HIV-based claims for asylum were predominantly characterized as claims of persecution on account of a particular social …
The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions,
2010
UC Law SF
The Law At War: Counterinsurgency Operations And The Use Of Indigenous Legal Institutions, Richard Morgan
UC Law SF International Law Review
Success in counterinsurgency campaigns requires the U.S. military to train, equip, and ultimately turn over responsibility for public safety to indigenous legal institutions. Doing so presents many challenges, as pragmatic concerns for operational security and use of intelligence as legal evidence must be reconciled with cultural differences and the weakness of indigenous legal institutions. This article argues, however, that such participation may be required under international law. Further, participation may help to legitimize counterinsurgency goals in the eyes of the local populace, and bring additional resources to military efforts. In order to realize such benefits, this article argues that military …
Operation Denucleunification: A Proposal For The Reunification And Denuclearization Of The Korean Peninsula,
2010
UC Law SF
Operation Denucleunification: A Proposal For The Reunification And Denuclearization Of The Korean Peninsula, Eunice Lee
UC Law SF International Law Review
Since the division of the Korean peninsula into two countries, North and South Korea, the peninsula has been in the public eye primarily because of North Korea's nuclear program. Scholars have addressed ways to denuclearize the Korean peninsula, but to this day, North Korea remains a nuclear state. As North Korea continues to be isolated from the outside world, mystery surrounds the manner in which its government behaves. Should the U.S. respond to North Korea's perceived nuclear threat with force, or should diplomacy be used to achieve peace? Given the complexity of the nuclear dilemma, there is no simple solution …
Dolphins, Whales, And The Future Of The International Whaling Commission,
2010
UC Law SF
Dolphins, Whales, And The Future Of The International Whaling Commission, Yui Nishi
UC Law SF International Law Review
Whaling has become a global controversy over the past few decades. In particular, countries such as Japan continue to hunt small cetaceans for both consumption and curbing purposes. Moreover, "small cetaceans" do not fall under the protection of the International Whaling Commission (hereafter "IWC"); therefore, the hunts are virtually unregulated. While the intensely emotional aspect is a significant part of the controversy, this note proposes a scientific, reason-based approach to this topic, which considers what solutions may be beneficial to all countries involved. Specifically, this note proposes that nations through international cooperation (1) conduct intensive scientific research in order to …
Human Trafficking: State Obligations To Protect Victims' Rights, The Current Framework And A New Due Diligence Standard,
2010
UC Law SF
Human Trafficking: State Obligations To Protect Victims' Rights, The Current Framework And A New Due Diligence Standard, Viviana Waisman
UC Law SF International Law Review
Women who are trafficked for sexual exploitation are vulnerable to human rights violations in their country of origin, during their migration, and then in the destination country. This paper examines the existing legal protections available to trafficked women using Spain as an illustrative case study, and offers a new approach for defining State obligations to protect trafficking victims. The author advocates utilizing a due diligence standard framework that requires States to meet their international human rights obligations by granting legal residence to trafficking victims.
Judicial Protection Of The Right To Health In Colombia: From Social Demands To Individual Claims To Public Debates,
2010
UC Law SF
Judicial Protection Of The Right To Health In Colombia: From Social Demands To Individual Claims To Public Debates, Alicia Ely Yamin, Oscar Parra-Vera
UC Law SF International Law Review
Even in a region characterized by a number of countries with robust constitutions and judicial enforcement of social rights, Colombia stands out as a striking example of judicial activism regarding health rights. Nowhere has Colombia's judicialization of social demands been more striking than in the health domain. By 2008, it was clear that recourse to the courts had become an essential "escape valve" in a health system that was incapable of regulating itself; but the routinization of judicial intervention had created additional problems. In July of 2008, the Colombian Constitutional Court (the Court) issued a sweeping decision aimed at improving …
Google Adwords: Trademark Infringer Or Trade Liberalizer,
2010
University of Michigan Law School
Google Adwords: Trademark Infringer Or Trade Liberalizer, Ashley Tan
Michigan Telecommunications & Technology Law Review
Google is the world's most preferred search engine, with an audience share of eighty percent of Internet users worldwide. With so many people browsing its search results, Google is a natural advertising vehicle, and it has exploited this quality to become one of the most profitable Internet companies in U.S. history. However, success has not come without controversy, and one of the most significant concerns Google AdWords, which displays keyword-triggered ads and sponsored links alongside non-sponsored search results. AdWords has come under attack in the United States and in the European Union ("EU") for its role in trademark infringement on …
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal,
2010
University of Idaho College of Law
Constitutional Concepts For The Rule Of Law: A Vision For The Post-Monarchy Judiciary In Nepal, David Pimentel
Articles
A new government has taken power in Nepal. Intent on replacing the monarchical Hindu state with a secular democracy, it has promised a new constitution. Although the Nepali government is currently operating under an Interim Constitution, it remains to be seen what the post-monarchy judiciary will look like. Those involved in the drafting should pay careful attention to how specific provisions for court governance will impact both institutional and decisional judicial independence. The Interim Constitution calls for a judicial council but not a sufficiently independent one. The Interim Constitution also allows broad exercise of emergency powers, depriving the courts of …
Foreword: In Berle’S Footsteps,
2010
Seattle University School of Law
Foreword: In Berle’S Footsteps, Charles R.T. O'Kelley
Seattle University Law Review
On the weekend of November 6–8, 2009, scholars from around the world gathered in Seattle for a symposium—In Berle’s Footsteps—celebrating the launch of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. As founding director of the Berle Center, I described our undertaking: “It is with a profound sense of obligation to the legacy that has been entrusted to my care, that I announce the launching of the Adolf A. Berle, Jr. Center on Corporations, Law and Society. It is a privilege to follow in Berle’s footsteps.”
Opening Remarks,
2010
Seattle University School of Law
Opening Remarks, Chancellor William B. Chandler Iii
Seattle University Law Review
Law is, in many ways, a backwards-looking field. We litigate over facts that have already occurred, challenge deals that have already been signed, and apply rules of decision based on previously-established precedent or statutes already enacted. To the extent that this Center and the symposium reflect on Berle’s work, they too are an exercise in looking back. Indeed, some might say the establishment of a Center named in Berle’s honor is a monument to the past.
Revisiting Berle And Rethinking The Corporate Structure,
2010
Seattle University School of Law
Revisiting Berle And Rethinking The Corporate Structure, Kelli A. Alces
Seattle University Law Review
Adolf Berle and Gardiner Means painted what remains a defining portrait of corporate law. The separation of ownership and control they described and the agency costs it causes are still a central concern of the law of corporate governance. For that reason, Berle’s work is relevant nearly eighty years after its publication. Seemingly forgotten, however, is that Berle’s enduring description of the corporate structure was published before most of today’s corporate law was in place. His work preceded the Securities Act of 1933 and the Securities Exchange Act of 1934 and even preceded the dominance of Delaware common law in …
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution,
2010
Seattle University School of Law
Power Without Property, Still: Unger, Berle, And The Derivatives Revolution, Cristie Ford, Carol Liao
Seattle University Law Review
We are in a time when the notion of property is in flux. The derivatives revolution has shattered the “atom of property” well beyond what was originally imagined in 1932 by Adolf Berle and Gardiner Means. This disaggregation has had fascinating, and often adverse, effects on corporate law and securities regulation. Moreover, the phenomenon has had the unexpected effect of permitting some parties that already possess considerable social, economic, and political power to accumulate even more.
The New Financial Assets: Separating Ownership From Control,
2010
Seattle University School of Law
The New Financial Assets: Separating Ownership From Control, Tamar Frankel
Seattle University Law Review
In The Modern Corporation and Private Property, Adolf A. Berle and Gardiner Means wrote about the separation of ownership from control in corporations. They noted that the interests of the controlling directors and managers can diverge from those of the shareholder owners of the firm. . . . There are those who consider such a decoupling beneficial. Others express the same concern that Berle and Means have expressed. And depending on what one focuses on in viewing the pluses and minuses of these separations, one could reach different conclusions. I reach a number of conclusions. First, the separation of …
Then And Now: Professor Berle And The Unpredictable Shareholder,
2010
Seattle University School of Law
Then And Now: Professor Berle And The Unpredictable Shareholder, Jennifer G. Hill
Seattle University Law Review
Shareholders, and the relationship between shareholders and management, lay at the heart of Professor Berle’s scholarship. The goal of this Article is to compare the image of shareholders emerging from The Modern Corporation and Private Property and the Berle/Dodd debate with a range of contemporary visions of the shareholder that underpin some international regulatory responses to recent financial debacles, from Enron to the current global financial crisis. As the Article dis- cusses, these recent developments in the era of financial crises have prompted a reevaluation of the traditional image of the shareholder—and the role of the shareholder in the modern …
Berle And The Entrepreneur,
2010
Seattle University School of Law
Berle And The Entrepreneur, Charles R.T. O'Kelley
Seattle University Law Review
In the first and last four chapters (“the Five Chapters”) of The Modern Corporation and Private Property, Adolf Berle, Jr. describes in sweeping terms a fundamental transformation of the American economy. . . . Writing more than ten years before Berle, another seminal scholar, Frank Knight . . . developed a theory of the entrepreneur as part of his larger effort to more carefully explain the theoretical underpinnings of a free-market economy. . . . Given Knight’s prominence and the fact that Knight apparently reached dramatically different conclusions than did Berle concerning the consequences flowing from separation of ownership …
The Birth Of Corporate Governance,
2010
Seattle University School of Law
The Birth Of Corporate Governance, Harwell Wells
Seattle University Law Review
Part I of this Article briefly examines the concept of “corporate governance” and argues for dating the concept’s origins to the debates of the 1920s. Part II then moves on to examine early scholarly and popular discussions of the separation of ownership and control. After surveying the historical developments that produced the recognizably modern corporate economy around the turn of the century, it examines early scholarly and popular discussions of the separation of ownership and control, focusing on three major thinkers, Louis D. Brandeis, Walter Lippmann, and Thorstein Veblen. It argues that, while each of these authors examined the separation …
Four Challenges To Financial Regulatory Reform,
2010
Villanova University Charles Widger School of Law
Four Challenges To Financial Regulatory Reform, Eric J. Pan
Villanova Law Review (1956 - )
The article discusses the challenges that should be addressed in a successful financial regulatory reform. These challenges include the structuring of regulatory systems, separation of prudential supervision and consumer protection regulation, the entity responsible for monitoring and managing systemic risk, and the supervision of cross-border financial services and transactions. The reform proposals considered by Great Britain, the U.S., and European Union are analyzed.
From Gats To Apec: The Impact Of Trade Agreements On Legal Services,
2010
Penn State Dickinson Law
From Gats To Apec: The Impact Of Trade Agreements On Legal Services, Laurel Terry
Faculty Scholarly Works
This article provides a comprehensive overview of the treatment of legal services in the United States' international trade agreements. Although many individuals are now familiar with the General Agreement on Trade in Services (GATS), far fewer realize that legal services are included in at least fifteen international trade agreements to which the United States is a party. This article begins by identifying those trade agreements and other developments including the 2009 Legal Services Initiative of the Asia Pacific Economic Cooperation (APEC). The article continues by explaining the structure of the GATS and comparing its provisions to the provisions found in …
The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court's Sphere Of Influence, 43 J. Marshall L. Rev. 635 (2010),
2010
UIC School of Law
The Domestication Of International Criminal Law: A Proposal For Expanding The International Criminal Court's Sphere Of Influence, 43 J. Marshall L. Rev. 635 (2010), Lisa J. Laplante
UIC Law Review
No abstract provided.
