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article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is …, there is no impediment for a corporate joint malfeasor to pursue the sovereign in arbitration to secure its share of … could lead to "who pays" cross-claim arbitration against the sovereign. Using Guido Calabresi's scheme of cost avoidance …
Persistent link: https://www.econbiz.de/10014051722
In recent years, the National Contact Points (NCP's) of several member states to the Organization for Economic Co-operation and Development (OECD) have taken an increasingly quasi-judicial approach to its facilitation of cross-border disputes between global companies and their stakeholders....
Persistent link: https://www.econbiz.de/10012827086
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In Citizens United, the United States Supreme Court held that, at least for many purposes, corporations are people too. This brief essay argues that principles of reciprocity, rooted in moral theory and social science, require, in exchange for the benefits the Court has granted, corporations to...
Persistent link: https://www.econbiz.de/10014175690
In examining the difficulties faced by child-rearing families in the United States, the concurrent economic revolution and social transformations both matter. This new environment leaves little time to invest in children and raises questions of how well today's children will be prepared to cope...
Persistent link: https://www.econbiz.de/10014184516
Corruption is an issue that affects developing and developed countries alike. Businesses are often seen as fueling the flames of corruption by engaging in corrupt practices in order to gain advantages over competitors in business deals. Since the mid-1990s the international community has been...
Persistent link: https://www.econbiz.de/10014193454
In recent years, a number of international and cross-sectoral initiatives have attempted to respond to the human rights impacts of corporations. Foremost among these is the United Nations’ 2008 “Protect, Respect, and Remedy” Framework and its Guiding Principles on Business and Human...
Persistent link: https://www.econbiz.de/10014159905
In Chandler v Cape plc, the Court of Appeal imposed for the first time liability on a company for a breach of its duty of care to an employee of its subsidiary. In doing so, the court laid out a new four-part test for ascertaining a parent company's responsibility for the health and safety of...
Persistent link: https://www.econbiz.de/10013021305
This chapter, forthcoming in the Oxford Handbook of the New Private Law, situates corporations and corporate law theory within the nascent New Private Law movement. Most theorists allied to the New Private Law focus on fundamental private law and so, in turn, bodies of law addressed to singular...
Persistent link: https://www.econbiz.de/10014032708
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