China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act,
2018
Ohio State University Moritz College of Law
China's Anti-Corruption Crackdown And The Foreign Corrupt Practices Act, Daniel C.K. Chow
Texas A&M Law Review
China’s highly publicized crackdown on corruption may affect the type and number of cases in China that arise under the Foreign Corrupt Practices Act (“FCPA”), but it should not be assumed that the crackdown will necessarily lead to fewer FCPA prosecutions. Although there is some overlap of the goals of China’s corruption crackdown and the goals of the FCPA, China’s crackdown also serves important goals of the ruling Communist Party. The main goal of the current crackdown is to reinforce the Party’s power by targeting enemies and rivals of the current leadership. The crackdown is not aimed at prohibiting bribes …
Asarco Llc V. Atlantic Richfield Company,
2018
Alexander Blewett III School of Law at the University of Montana
Asarco Llc V. Atlantic Richfield Company, Ryan L. Hickey
Public Land & Resources Law Review
The Comprehensive Environmental Response, Compensation, and Liabiltiy Act, commonly known as CERCLA, facilitates cleanup of hazardous waste sites and those contaminated by other harmful substances by empowering the Environmental Protection Agency to identify responsible parties and require them to undertake or fund remediation. Because pollution sometimes occurrs over long periods of time by multiple parties, CERCLA also enables polluters to seek financial contribution from other contaminators of a particular site. The Ninth Circuit clarified the particuar circumstances under which contribution actions may arise in Asarco LLC v. Atlantic Richfield Co., holding non-CERCLA settlements may give rise to CERCLA contribution …
The Jus Ad Bellum's Regulatory Form,
2018
University of Michigan Law School
The Jus Ad Bellum's Regulatory Form, Monica Hakimi
Articles
This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different in kind from regulation through the general standards should change how we think about the jus ad bellum.
Intellectual Property Issues For Startups Participating In Entrepreneurship Support Programs In Wisconsin,
2018
Marquette University Law School
Intellectual Property Issues For Startups Participating In Entrepreneurship Support Programs In Wisconsin, Nathaniel S. Hammons
Marquette Intellectual Property Law Review
Wisconsin is not known as a bastion of startup activity. Yet the startup scene has changed significantly since the turn of the century, and the pace of change has been accelerating. In 2001, only eight early-stage Wisconsin companies raised capital, totaling less than $53 million. In 2016, by way of comparison, 137 early-stage Wisconsin companies raised more than $276 million in investment capital. As someone familiar with the state might surmise, more than half of the deals closed in 2016 were in the Madison area, home to the University of Wisconsin-Madison and large employers in information technology, healthcare, and life …
Shareholder Proposals And The Limits Of Encrypted Interpretations,
2018
University of Denver
Shareholder Proposals And The Limits Of Encrypted Interpretations, J. Robert Brown Jr.
Sturm College of Law: Faculty Scholarship
Shareholders have the right under Rule 14a-81 to include proposals in a company’s proxy statement. Almost always precatory, proposals advise rather than command.4 The provision provides a mechanism for obtaining the collective views of shareholders.5 Typically opposed by management, proposals generally engender discussions on matters that companies would prefer to avoid.6 Moreover, although advisory, propos- als can impose meaningful constraints on managerial discretion.
International Judicial Practices: Opening The "Black Box" Of International Courts,
2018
Temple University
International Judicial Practices: Opening The "Black Box" Of International Courts, Jeffrey L. Dunoff, Mark A. Pollack
Michigan Journal of International Law
This paper utilizes “practice theory” to identify and analyze the everyday practices of international judges, with particular focus on practices associated with judicial decision-making. Examining judicial practices illuminates a wide range of otherwise hidden activities that shape international judicial opinions; provides a pathway toward uncovering the subjective understandings that international judges attach to their own behaviors; and reveals underlying causal processes and mechanisms that influence tribunal decisions. By opening the “black box” of international courts, the practice turn permits us to shed light on their inner workings, and thereby enrich our understanding of these increasingly important bodies.
Singapore, Country Study Prepared For Global Philanthropy Environment Index,
2018
Singapore Management University
Singapore, Country Study Prepared For Global Philanthropy Environment Index, Tan K. B. Eugene
Research Collection Yong Pung How School Of Law
No abstract provided.
The Eu, Democracy And Institutional Structure: Past, Present And Future,
2018
Indiana University Maurer School of Law
The Eu, Democracy And Institutional Structure: Past, Present And Future, Paul Craig
Articles by Maurer Faculty
No abstract provided.
The Nonprofit Commercial Enterprise: A Vehicle For Foreign Investment,
2018
New York Law School
The Nonprofit Commercial Enterprise: A Vehicle For Foreign Investment, Alexander Weinman
NYLS Law Review
No abstract provided.
The Limitations Of Comparative Institutional Analysis,
2018
Notre Dame Law School
The Limitations Of Comparative Institutional Analysis, Sadie Blanchard
Journal Articles
Atul Gawande’s Checklist Manifesto became a sensation in 2009 because it promised that a simple technique could powerfully discipline decision-making. Gawande had saved lives using hospital checklists, and he argued that checklists could improve outcomes in other complicated endeavors. Checklists, he explained, “provide a kind of cognitive net. They catch mental flaws.” Neil Komesar’s method of comparative institutional analysis is by necessity messier than the checklist and does not claim to produce faultless policy-making. But Komesar similarly seeks to improve cognitive processing by imposing a disciplining framework on decision-making. Sergio Puig and Gregory Shaffer’s effort to introduce Komesar’s technique to …
Unintended Agency Problems: How International Bureaucracies Are Built And Empowered,
2018
Columbia Law School
Unintended Agency Problems: How International Bureaucracies Are Built And Empowered, Anu Bradford, Stavros Gadinis, Katerina Linos
Faculty Scholarship
The ground underneath the entire liberal international order is rapidly shifting. Institutions as diverse as the European Union, International Monetary Fund, United Nations, and World Trade Organization are under major threat. These institutions reflect decades of political investments in a world order where institutionalized cooperation was considered an essential cornerstone for peace and prosperity. Going beyond the politics of the day, this Article argues that the seeds of today’s discontent with the international order were in fact sown back when these institutions were first created. We show how states initially design international institutions with features that later haunt them in …
Criminally Bad Management,
2018
Duke Law School
Criminally Bad Management, Samuel W. Buell
Faculty Scholarship
Because of their leverage over employees, corporate managers are prime targets for incentives to control corporate crime, even when managers do not themselves commit crimes. Moreover, the collective actions of corporate management — producing what is sometimes referred to as corporate culture — can be the cause of corporate crime, not just a locus of the failure to control it. Because civil liability and private compensation arrangements have limited effects on management behavior — and because the problem is, after all, crime — criminal law is often expected to intervene. This handbook chapter offers a functional explanation for corporate criminal …
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations,
2017
Lund University
United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova
Michigan Journal of International Law
The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …
Community Of Thinkers Workshop: A Summary Reflection,
2017
Pepperdine University
Community Of Thinkers Workshop: A Summary Reflection, Karinya Verghese
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience,
2017
University of Florida Levin College of Law
Situating The Corporation Within The Vulnerability Paradigm: What Impact Does Corporate Personhood Have On Vulnerability, Dependency, And Resilience, Heather Kolinsky
UF Law Faculty Publications
As a result of Hobby Lobby, and the seemingly expanding notion of the corporation as a person within the traditional autonomous rights paradigm, a tension has developed between corporation as subject and corporation as institution. This evolution of corporation as person also highlights the problem of providing resilience to vulnerable subjects whose competing vulnerabilities are situated in the same corporate environment. Addressing this issue is of critical importance where employment has become the conduit for the responsive state to provide resilience to so many subjects, as well as the site of social institution building because the nature of our workplace …
Typology Of Public-Private Equity,
2017
UC Irvine School of Law
Typology Of Public-Private Equity, Sung Eun (Summer) Kim
Florida State University Law Review
Private equity, which pools funds for investment in private businesses, is one of the largest and fastest growing investment opportunities in the markets today. Private equity traditionally sought investments exclusively from sophisticated investors such as high net worth individuals and institutional investors. More recently, however, a growing number of private equity businesses have gone public and opened their doors to public investors, who are drawn to these investments because of the possibility of high returns and the opportunity to diversify their investment portfolios. In this Article, I review the universe of public-private equity (or PPE) businesses that are traded on …
Organizational Law As Commitment Device,
2017
Vanderbilt University Law School
Organizational Law As Commitment Device, Morgan Ricks
Vanderbilt Law Review
What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational lawthe law of partnerships, corporations, private trusts, and their variants-serves primarily to structure relations between business owners, on the one hand, and business creditors, on the other. Under this "asset partitioning" theory, organizational law's main purpose is to shield business assets from claims of creditors of the business's owners, thereby giving business creditors a structurally senior claim on business assets. By relieving business creditors of the need to inspect the creditworthiness of business owners, the theory goes, organizational …
Organizational Law As Commitment Device,
2017
Vanderbilt University Law School
Organizational Law As Commitment Device, Morgan Ricks
Vanderbilt Law School Faculty Publications
What is the essential role of the law of enterprise organization? The dominant view among business law scholars today is that organizational law the law of partnerships, corporations, private trusts, and their variants-serves primarily to structure relations between business owners, on the one hand, and business creditors, on the other. Under this "asset partitioning" theory, organizational law's main purpose is to shield business assets from claims of creditors of the business's owners, thereby giving business creditors a structurally senior claim on business assets. By relieving business creditors of the need to inspect the creditworthiness of business owners, the theory goes, …
Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services,
2017
New York Law School
Perspectives - Jonathan Denham And Paul Wolf Of Denham Wolf Real Estate Services, James Hagy, Kelly Padden
Rooftops Project
In a conversation with Kelly Padden and Professor James Hagy of The Rooftops Project, Jon Denham and Paul Wolf reflect on their experiences with not-for-profit projects across mission types to draw lessons about creativity in locating and securing permanent space in one of the world’s most expensive real estate markets.
Perspectives - Bms Building Management Systems,
2017
New York Law School
Perspectives - Bms Building Management Systems, James Hagy, Frank Loffreno
Rooftops Project
How can not-for-profit organizations better prepare themselves to launch and sustain effective relationships with their outside janitorial, security, and maintenance service providers? Mike Doherty, President and CEO of BMS Building Management Services, and members of his New York City team consider these themes with Frank Loffreno and Professor James Hagy of The Rooftops Project.
