bepress Legal Repository
Not a member yet
645042 research outputs found
Sort by
ESG, Geopolitics, and Human Rights in Disputed Territories
No full textBusiness enterprises operating in the international sphere face pressing and persistent questions concerning their environmental, social, and governance responsibilities. As the number of disputes escalates worldwide, such questions become more acute. In addition to any voluntary social responsibilities business enterprises may have, a complex legal framework governs business activity in the context of human rights. This framework was designed to address governance shortfalls pertaining to transnational corporations. Business enterprises thus operate nowadays in a web of social standards and legal human rights responsibilities. The human rights responsibilities of business enterprises may be initially associated with forced labor or child labor cases; however, when it comes to disputed territories, other types of rights and considerations come into play that are closely connected to the dispute itself. In the context of disputed territories, especially occupied territories, two distinct questions arise: (1) whether the very presence of business enterprises in such territories is problematic in and of itself; and (2) whether business enterprises operating in disputed territories should be subject to the same human rights framework that applies to businesses operating elsewhere. This article unfolds a comprehensive analysis of these fundamental questions and the complexities they present. It thereby uncovers a number of novel yet pragmatic insights that pave the way toward alleviating the tension among geopolitics, corporate social responsibility, corporate governance, and international law
Press Play to Presume: The Policy Benefits Behind the Trademark Modernization Act\u27s Resurrection of the Irreparable Harm Presumption in False Advertising Cases
No full textPart I of this Note provides background information on the history and principles surrounding injunctions generally, the Supreme Court’s rulings in eBay and Winter, federal courts’ rulings after these decisions, and the Trademark Modernization Act of 2020. Part II presents anti-presumption advocates’ arguments against the presumption due to longstanding equitable concerns and because, in their view, requiring a showing of irreparable harm is not too difficult. Lastly, Part III discusses why the irreparable harm presumption in the TMA serves as beneficial policy by presenting counterarguments to anti-presumption reasoning and additional benefits of the presumption.
This abstract has been taken from the author\u27s introduction
Taxing Contractual Complexity
No full textConsumers rarely understand contracts offered by sellers. It does not make sense for consumers to invest in understanding these contracts because they are typically complex, time and attention are limited, and the value at stake is often low. Because consumers don’t understand contracts and information sharing among consumers is costly, sellers can profit by drafting contracts that harm consumers more than they benefit sellers. Sellers who would like to offer efficient contracts face competitive pressures not to do so because consumers who do not understand contracts cannot appreciate the benefits. Ideally, contracts would be simpler and easier to understand, but regulators don’t know the optimal complexity for each contract. Sellers know the value of the contract, but do not internalize the costs of complexity. To the contrary, sellers can benefit from making contracts more complex than necessary to obscure anti-consumer terms.
This article proposes a new solution to this famous problem: a tax that sellers would pay to present a contract to consumers, coupled with a subsidy to consumers who comprehend contracts and share information. The tax would be proportionate to the cost consumers would incur if they invested in comprehending the contract. It would be assessed whenever sellers presented a contract, regardless of whether or not consumers signed. We show that this tax and subsidy solution would cause sellers to make their contracts simpler to reduce their own tax burdens. Thus, sellers would internalize the comprehension costs that they can currently impose on consumers. We demonstrate that sellers can be compelled to forego strategic obfuscation if this tax is paired with a subsidy to encourage consumer comprehension and information sharing. This tax and subsidy pairing would penalize inefficient contracts while minimizing the burden on efficient contracts. Inefficient contracts would thereby become financially unsustainable
Robert Wharton v. Superintendent Graterford SCI
No full textUSDC for the Eastern District of Pennsylvani
Lifecycle of a Restaurant a Legal Perspective
No full texthttps://larc.cardozo.yu.edu/flyers-2023-2024/1111/thumbnail.jp