Organizations Law Commons^™

The Evolving International Judiciary, Karen J. Alter

Faculty Working Papers

This article explains the rapid proliferation in international courts first in the post WWII and then the post Cold War era. It examines the larger international judicial complex, showing how developments in one region and domain affect developments in similar and distant regimes. Situating individual developments into their larger context, and showing how change occurs incrementally and slowly over time, allows one to see developments in economic, human rights and war crimes systems as part of a longer term evolutionary process of the creation of international judicial authority. Evolution is not the same as teleology; we see that some international …

Ducks And Decoys: Revisiting The Exit-Voice-Loyalty Framework In Assessing The Impact Of A Workplace Dispute Resolution System, Zev J. Eigen, Adam Seth Litwin

Faculty Working Papers

Until now, empirical research has been unable to reliably identify the impact of organizational dispute resolution systems (DRSs) on the workforce at large, in part because of the dearth of data tracking employee perceptions pre- and post- implementation. This study begins to fill this major gap by exploiting survey data from a single, geographically-expansive, US firm with well over 100,000 employees in over a thousand locations. The research design allows us to examine employment relations and human resource (HR) measures, namely, perceptions of justice, organizational commitment, and perceived legal compliance, in the same locations before and after the implementation of …

Forward: The Federalization Of Nonprofit And Charity Law, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Charity Law's Essentials, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Benefit Corporations -- A Sustainable Form Of Organization?, Dana Brakman Reiser

Faculty Scholarship

No abstract provided.

Linking Ngo Accountability And The Legitimacy Of Global Governance, Dana Brakman Reiser, Claire R. Kelly

Faculty Scholarship

No abstract provided.

Shareholder Access And Uneconomic Economic Analysis: Business Roundtable V. Sec, J. Robert Brown Jr.

Sturm College of Law: Faculty Scholarship

Business Roundtable v. SEC, arose out of a legal challenge to what is probably the most controversial rule ever adopted by the Securities and Exchange Commission (SEC or Commission). Rule 14a-11 mandated that public companies allow long term shareholders to include nominees for the board of directors in the company’s proxy statement. The rule held out the promise that shareholders would be able to more easily nominate and elect their own candidates to the board. Access was popular among shareholders and strenuously opposed by public companies.

The DC Circuit struck down the rule, imposing a “nigh impossible” standard with respect …

Governments, Privatization, And Privatization: Icann And The Gac, Jonathan Weinberg

Michigan Telecommunications & Technology Law Review

The Internet Corporation for Assigned Names and Numbers (ICANN) sets the rules for the Internet addressing systems that make it possible for users to send email, view webpages, or otherwise connect to Internet resources. Its most visible function is to supervise the domain name system, which identifies Internet resources by "domain names" such as "wayne.edu" or "threecats.net." ICANN's control gives it authority over how domain names are structured and what they look like; it gives it regulatory and economic power over a substantial set of businesses involved with Internet addressing.[...] What kind of organization, then, is ICANN? It is in …

An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton

Michigan Journal of International Law

The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …

Entity And Identity, Usha Rodrigues

Scholarly Works

The function, indeed the very existence, of nonprofit corporations is undertheorized. Recent literature suggests that only preferential tax treatment adequately accounts for the persistence of the nonprofit form. This explanation is incomplete. Drawing on psychology’s social identity theory, this Article posits that the nonprofit form can create a special “warm-glow” identity that cannot be replicated by the for-profit form. For example, a local nonprofit food cooperative sells more than the free-range eggs or organic strawberries that Whole Foods and other for-profits market so effectively. The co-op offers community participation and an investment in local farms, a distinctive ethos that is …

Expensive Speech: Citizens United V. Fec And The Free Speech Rights Of Tax-Exempt Religious Organizations, Brandon S. Boulter

BYU Law Review

No abstract provided.

Dec. 1, 2010, Ifc, Policy On Soc. And Environmental Sustainability _V2, Ifc

IFC E&S Performance Standards

No abstract provided.

Dec. 10, 2010, Ifc Performance Standards_V2, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 2010, Bretton Woods Project, Out Of Sight, Out Of Mind, Bretton Wood Project

IFC E&S Performance Standards

No abstract provided.

Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry

Michigan Journal of International Law

In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …

Designing Bespoke Transitional Justice: A Pluralist Process Approach, Jaya Ramji-Nogales

Michigan Journal of International Law

Although many scholars agree that contemporary transitional justice mechanisms are flawed, a comprehensive and unified alternative approach to accountability for mass violence has yet to be propounded. Like many international lawyers, transitional justice theorists have focused their assessment efforts on the successes and failures of established institutions. This Article argues that before we can measure whether transitional justice is working, we must begin with a theory of what it is trying to achieve. Once we have a coherent theory, we must use it ex ante, to design effective transitional justice mechanisms, not just to assess their effectiveness ex post. Drawing …

Planning And Practice - The Rooftops Project: Report Summarizing Results Of A Survey Of Not-For-Profit Organizations, James Hagy

Rooftops Project

The Rooftops Project's first national field study of the attitudes and approaches of not-for-profit organizations with respect to the owned, leased or hosted real estate that supports their core missions and operations.

Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner

Michigan Journal of International Law

From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …

The Power Of Warm Glow, Usha Rodrigues

Scholarly Works

Professor Brian Galle’s Keep Charity Charitable is a thoughtful contribution to the ongoing conversation about the proper tax treatment of charitable organizations. I largely agree with Galle’s arguments, but I would like to offer two criticisms of his positions: first, Galle overstates the problem posed by for-profit firms offering charitable services; and second, he understates the power of “warm glow” in the nonprofit organization.

Jun. 1, 2010, Ifc, The International Bill Of Human Rights And Ifc Policies And Performance Standards, Ifc

IFC E&S Performance Standards

No abstract provided.