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Luz Estella Nagle, Cattle Rustling and Ranching by Illegal Armed Groups and Organized Crime, 29 Int'l Enforcement L. Reporter 177 (2013)Clicking on the button will copy the full recommended citation.
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Ellen S. Podgor and Bruce Green, Unregulated Internal Investigations Achieving Fairness for Corporate Constituents, 54 B.C. L. Rev. 73 (2013)Clicking on the button will copy the full recommended citation.
This Article focuses on the relationship between corporations and their employee constituents in the context of corporate internal investigations, an unregulated multi-million dollar business. The classic approach provided in the 1981 Supreme Court opinion, Upjohn v. United States, is contrasted with the reality of modern-day internal investigations that may exploit individuals to achieve a corporate benefit with the government. Attorney-client privilege becomes an issue as corporate constituents perceive that corporate counsel is representing their interests, when in fact these internal investigators are obtaining information for the corporation to barter with the government. Legal precedent and ethics rules provide little relief to these corporate employees. This Article suggests that courts need to move beyond the Upjohn decision and recognize this new landscape. It advocates for corporate fair dealing and provides a multi-faceted approach to achieve this aim. Ultimately this Article considers how best to level the playing field between corporations and their employees in matters related to the corporate internal investigation.
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Ellen S. Podgor, Criminal Law Pedagogy: Introduction, 10 Ohio St. J. Crim. L. 597 (2013)Clicking on the button will copy the full recommended citation.
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Jason S. Palmer, The Convention on the Rights of Persons with Disabilities (CRPD): Will Ratification Lead to a Holistic Approach to Post-Secondary Education for Persons with Disabilities?, 43 Seton Hall L. Rev. 551 (2013)Clicking on the button will copy the full recommended citation.
In August 2012, the Convention on the Rights of Persons with Disabilities (“CRPD”), the first human rights convention of the 21st century, was sent to the full Senate for ratification. The CRPD, one of the most far-reaching international documents in history for the protection of marginalized individuals with disabilities, emphasizes the impact that attitudinal and environmental barriers in society have on the enjoyment of human rights. By focusing on these barriers, the CRPD represents a paradigm shift from an accommodation approach for persons with disabilities to a human rights mandate for society. This shift is best understood domestically through the lens of a universal design approach to disability. Universal design ensures that environments are accessible and usable by all people, whether they are disabled or not. The human rights mandate of the CRPD and equitable holistic approach of universal design have appropriate application in the realm of higher education. This article is the first to conceptualize and envision a human rights approach to United States higher education and disability law through the holistic application of universal design in learning and instruction.
Providing and ensuring postsecondary education to persons with disabilities is important in ameliorating the disproportionate treatment that persons with disabilities have endured. United States laws, such as the Rehabilitation Act of 1973 and the Americans with Disabilities Act, have attempted to remedy deficiencies in the access provided to persons with disabilities. The CRPD, however, represents a paradigm shift in the area of disabilities by moving from a medical or social approach to persons with disability, to a human rights model. This shift to a holistic, human rights model as embodied in Article 24 of the CRPD demands a right to education for all persons, including persons with disabilities. The holistic approach of the CRPD, as implemented through the principles of universal design, is the most efficient and cost-effective method for benefiting all persons with or without disability in higher education. State courts, through decisions that implement the CRPD’s cultural, social, and political rights, are uniquely positioned to further these holistic goals.
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Elizabeth Berenguer, In Defense of Scholarship, 27 Second Draft 4 (2013)Clicking on the button will copy the full recommended citation.
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Jason S. Palmer and Arturo J. Carillo, Transnational Mass Claims Processes in International Law and Practice, 25 Berkeley Journal of International Law 343 (2013)Clicking on the button will copy the full recommended citation.
This article recognizes a growing overlap in the literature between international mass claims processes (“IMCPS”) and transitional justice claims processes (“TJCPs”), i.e. domestic reparations programs adopted by successor governments in the wake of mass atrocity. This convergence is reflected in a number of recent publications in both fields that promote the comparative analysis of IMCPs and TJCPs, which in turn, leads to the conclusion that the two processes share a number of analogous characteristics. Commentators tend to view these ostensibly shared traits as a natural source of “best practices” or “lessons” transferable between mass claims procedures in the international and domestic settings. Consequently, it is not uncommon in recent publications to find detailed analyses of individual IMCPs placed alongside TJCPs, often without more, implying that experiences should naturally translate from one process to the other. In this article, Professors Jason Palmer and Arturo Carrillo demonstrate how several of the assumptions underlying the increasing comparisons of IMCPs and TJCPs, as presented in the recent literature on mass claims processing and reparations for gross and systematic human rights violations, are flawed. Building on an in-depth study of seminal IMCP and TJCP experiences, Professor Palmer and Professor Carrillo conduct a comprehensive analysis of the two categories to provide answers to key questions in this regard: To what extent are IMCPs and TJCPs truly comparable? Which IMCP principles and precedents are most relevant to domestic reparations programs? Are there principles and precedents from the TJCP context that might nourish ongoing or future IMCP initiatives? And, of course, to what extent are IMCPs and TJCPs different? What is the nature of these differences, and what do they tell us about the underlying compatibility of the experiences and mechanisms contrasted? In answering these questions, the article exposes a number of inherent limitations to the comparison of IMCPs and TJCPs that to date have remained unaddressed. The article demonstrates that a number of basic IMCP characteristics apparently shared with TJCPs provide a dubious foundation for constructive comparison, including that central component of most mass claims processes: compensation. At the same time, the authors delineate more clearly a narrow but promising path of intriguing synergies, labeled “true parallels,” establishing furthermore that such parallels represent avenues for potential cross-fertilization in both directions.
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Ann Piccard, Death by Boarding School: “The Last Acceptable Racism” and the United States’ Genocide of Native Americans, 49 Gonz. L. Rev. 137 (2013)Clicking on the button will copy the full recommended citation.
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Darryl Wilson and Cynthia Hawkins DeBose, Mastering Property Law (Carolina Academic Press, 2013)Clicking on the button will copy the full recommended citation.
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Royal C. Gardner, International Environmental Law, 47 American Bar Association Section of International Law Year in Review 435 (2013)Clicking on the button will copy the full recommended citation.
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Ciara Torres-Spelliscy, Taking Opt-In Rights Seriously: What Knox v. SEIU Could Mean for Post-Citizens United Shareholder Rights, 74 Mont. L. Rev. 101 (2013)Clicking on the button will copy the full recommended citation.
This article will explore the implications of the Supreme Court’s disparate treatment of similarly-situated, politically active corporations and unions. Two paths lead to more equitable treatment of these two groups: either (1) corporate political speech should be regulated more or (2) union political speech should be regulated less. This piece argues in favor of the former. In particular, corporate political spending lacks the transparency and consent mechanisms present in union political spending. Policymakers should address both of these failings in the corporate context.
The Roberts Supreme Court’s asymmetrical treatment of corporations and unions was on full display in the 2011–2012 term. American Tradition Partnership, Inc. v. Bullock coupled with Knox v. Service Employees International Union, Local 1000 demonstrates that a double standard persists between corporations, who are now privileged speakers in the Court’s eyes, and unions, who are currently disfavored speakers. The Supreme Court imposes different degrees of consent from corporations’ and unions’ constituent parts before they electioneer. Under U.S. law, corporations are not required to get consent from their shareholders before the corporate entity speaks politically using corporate funds. By contrast, public-sector unions must receive nonmembers’ consent before political spending in certain circumstances.
With the Supreme Court unlikely to change legal positions on this issue until the Court’s composition itself changes, the responsibility to foster more equitable regulations for corporations is left to the American electorate, Congress, the States, and executive agencies, such as the Securities and Exchange Commission (“SEC”), which must work within the boundaries of current precedent. The Supreme Court’s ruling in Knox requiring opt-ins for union political expenditures provides an additional basis for arguing that publicly traded American corporations should likewise marshal shareholder consent before corporate political expenditures are made.