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Incorporating Rights: Making the Most of the Meantime
Get PDFIn June 2014 the U.N. Human Rights Council adopted a resolution establishing an open‐ended intergovernmental working group to commence deliberations and draft an international legally binding instrument on transnational corporations. The Council also agreed to extend the mandate of the U.N. Working Group on Business and Human Rights, the entity created to promote the U.N. Guiding Principles on Business and Human Rights. The Guiding Principles are a non‐legally binding set of standards created consistent with an earlier Council mandate to “operationalize” the “Protect, Respect and Remedy Framework.”
The Council’s action advancing treaty talks could be seen as calling into question the durability of the Framework and Guiding Principles or as undermining short and medium term measures to address business and human rights challenges. This would be unfortunate, but as various stakeholders contest the merits of a binding international instrument in light of the Council’s actions many observers are asking: which direction should the business and human rights movement go
Symposium: Fighting Corruption in American and Abroad: Foreword
Get PDFThis Foreword focuses on a few related observations from the symposium. First, it summarizes Teachout\u27s book, which inspired this symposium and which relied on history to undermine Citizens United. Second, it suggests that a more recent case in this Court\u27s Term, Williams-Yulee vs. Florida Bar,8 also erodes Citizens United, at least a bit, by recognizing a compelling state interest in combating the appearance of corruption and bias in a new context: by embracing that corruption lurks in gray areas and the banality of campaign fundraising. Third, Pamela Karlan and Samuel Issacharoff once observed that money in politics is like water: if you stop up one stream, the money finds another way to flow.9 I pick up on Albert Alschuler\u27s critique of overbroad criminalization of corruption 10 to note how anticorruption reforms are also hydraulic systems: if you dam up one source of reform, you flood the other sources. The result of those dams leads to the unfair damnation of public officials who run into zealous prosecutors and a powerful political undertow. If the Court frustrates the ex ante regulation of campaign cash, then other actors will step in ex post, and often without the right role or the right fit for the structural problems. The history of campaign finance reform demonstrates this pattern of hydraulic forces and unintended consequences
The Enterprise of Empire: Evolving Understandings of Corporate Identity and Responsibility
No full textThis chapter traces the development of the enterprise of empire building in the era of colonial expansion and considers the relationship of corporate power to state sovereignty to highlight points of continuity in debates over the role of commercial enterprises in global governance.
Section 2 examines the debates over legal personality in international law to enhance the evolving understanding of the nature and character of the corporate person and assess whether corporate persons can be said to possess rights and responsibilities comparable to that of a sovereign state. Section 3 explores the evolution of the corporate form through the business of empire building during the age of imperialism and the role of private commercial actors in creating core doctrines of international law. Finally, Section 4 posits that conventional approaches to the concepts of sovereignty and subjects in international law fail to fully capture the actualities of today, to the detriment of both international human rights and international business
Michael Mustill: a reminiscence
Get PDFThe arbitration world lost a giant when Michael Mustill departed in April of this year, just a few days short of his 84th birthday. A man of enormous intellect and wit, with a fine capacity for sincere friendship, this generous Yorkshireman enriched us through contributions as counsel, judge, scholar, and mentor
Out of Place, Out of Time: Refugees, Rights and the (Re)Making of Palestine/Israel
No full textForced displacement is one of the primary and most visible consequences of the conflict over Palestine/Israel. In this much needed book, Susan M Akram and Terry Rempel examine the role of law and politics in the creation and resolution of one of the largest and most protracted refugee situations in the world today.The authors review the historical and political background to Palestinian displacement, the situation of refugees in exile and efforts to resolve the issue over more than six decades. Drawing on years of research and advocacy, they examine the legal framework and related state practice governing solutions for refugees worldwide. They also consider the collective and individual rights involved in the Palestinian case and options for solutions from the perspective of global precedent and comprehensive plans of action implemented in comparative mass refugee flows.https://scholarship.law.bu.edu/books/1134/thumbnail.jp
Health Care: Legal Issues
No full textMedicine and the law are inextricably intertwined. This article summarizes key issues in the realm of health care litigation, ranging from liability of insurers and health care providers to the role of courts in national health care policy-making
Review of Corruption in America: From Benjamin Franklin\u27s Snuff Box to Citizens United by Zephyr Teachout
Get PDFThis is a review of Zephyr Teachout\u27s book on the anticorruption principle, Corruption in America (Harvard 2014)
Residual Seasonality and Monetary Policy
No full textMuch recent discussion has suggested that the official real GDP data are inadequately adjusted for recurring seasonal fluctuations. A similar pattern of insufficient seasonal adjustment also affects the published data for a key measure of price inflation. Still, such residual seasonality in the published output and inflation statistics is unlikely to mislead Federal Reserve policymakers or adversely affect the setting of monetary policy