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5 Mar 2016, 6:38 am
  But the heart of the analysis should have focused on consultation:In complex contexts such as these, business enterprises should ensure that  they do not exacerbate the situation. [read post]
9 Nov 2015, 7:09 am
App. 1995) (approving Restatement §500 as standard applicable to punitive damages); cf. [read post]
9 Aug 2014, 8:16 am
On the other side is the emerging system of societally constituted functionally distinct governance organs, grounded in principles of free movement of capital and investment, founded on systems of functional structures in which territory boundaries reference the functional boundaries of self constituted groups.[5]Though SWFs attract less attention in the popular press than they did before the events of the Arab Spring and related events distracted the media and political elites, they remain an… [read post]
25 Jun 2014, 8:25 am
I consider some of these issues, especially as they relate to the characteristics of the governance authority and responsibilities of multinational enterprises in a new paper just posted  to the Social Science Research Network (SSRN),  "The Concept of Constitutionalization and the Multi-Corporate Enterprise in the 21st Century. [read post]
23 May 2014, 9:22 am
Forum for Academic & Institutional Rights, Inc., 547 U.S. 47 (2006), the Supreme Court held that requiring law schools to allow military recruiters on campus did not violate the schools’ freedom of association because they were not being required to accept recruiters as “members” — but merely as “outsiders” whose presence served only “the limited purpose of trying to hire students. [read post]