Academic

New Paper Posted: "The Semiotics of Consent and the American Law Institute?s Reform of the Model Penal Code?s Sexual Assault Provisions"

Posted on November 03, 2020
Caravaggio(?) Judith Beheading Holofernes Pix Credit HERE I am delighted to announce the posting of a paper, The Semiotics of Consent and the American Law Institute?s Reform of the Model Penal Code?s Sexual Assault Provisions. A later version may appear as part of Special Issue of Undecidabilities and Law ? Coimbra Journal for Legal Studies entitled "Law and the Janus-faced Morality of Political Correctness" coordinated by José Manuel Aroso Linhares, Full Professor at the Faculty of Law of the University of Coimbra and Coordinator at the University of Coimbra Institute for Legal Research...

Ruminations 94: "The Mechanics of Perfection," Reflections on the Swearing In of Supreme Court Justice Amy Coney Barrett

Posted on October 28, 2020
 Pix Credit Here The process leading to the eventual swearing in of Amy Cony Barrett as an Associate Justice of the US Supreme Court on 26 October 2020 (here) has absorbed the American elites, no elite field more than ts lawyers and lawyer academics...

Birgit Spiesshofer: "Responsible Ownership" or "Benefit Corporation" English Translation of Article published first (in German) in the Frankfurter Allgemeine Magazine Einspruch! (online) 19 October 2020

Posted on October 27, 2020
  (Birgit Spiesshofer)Dr. Birgit Spiesshofer has been undertaking truly important and path-breaking work in the area of the responsibility of business for harms that may be attached (that, of course, is the issue of the moment, that is the jurisprudence of "attachment") to the economic activities of enterprises and persons...

To Wage Legal Warfare One Must First Acquire a Territorial Connection: Hatice Cengiz v. Mohammed bin Salman, Case 1:20-cv-03009 (US Dist Ct for the District of Columbia)

Posted on October 24, 2020
 Pix Credit: Fiancée Sues Saudi Crown Prince Over Khashoggi Killing War today., at least war with significant geo-political consequences. are today rarely fought with armies.  To a large extent, and where it matters most (that is where the consequences of traditional warfare are topp great, the major (and great regional) powers now deploy armies of bureaucrats, lenders, cyber shockk troops, enterprises, social scientists, news and other well managed social media organs (yes, even or especially in the West), politicians ...

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European Corporate Governance Institute Research Network Full Picture Series: Workshop on "Ernst and Young Study on Directors' Duties and Sustainable Corporate Governance" 11-13 November 2020

Posted on October 23, 2020
 Pix Credit: HEREIt is not only states that have been undergoing ideological turmoil and core factional battles since  the start of the second decade of the 21st century.  Those battles--over the character of market economies, of Leninism, of democratic participation, of the character of public duty and private responsibility, of the character of governance as jurisprudential or data driven--have spilled over into corporate governance debates as well...

ACSE-CPE Interview Series: Cuba's International Constitution, a Conversation with Ngoc Son Bui

Posted on October 22, 2020
 The Association for the Study of the Cuba Economy (ASCE) with the support of the Coalition for Peace and Ethics (CPE), has undertake an interview series. The object of this series is to draw attention to the work of leading scholars and actors involved in the examination of Cuban society, culture, politics, law, and economics from a national, regional or international perspective...

Human Rights Society at Penn State Law & SIA: Roundtable Discussion on "COVID, Control, and Complicity in Rwanda: Human Rights Intersectionality in the Dead Spaces between Legal and Markets Regimes"

Posted on October 20, 2020
  I was delighted to accept an invitation from the our students in the Human Rights Society at Penn State Law & SIA to participate in a round table discussion of the issues raised in in a discussion draft recently completed: "COVID, Control, and Complicity in Rwanda: Human Rights Intersectionality in the Dead Spaces between Legal and Markets Regimes...

Individuals as Instrumentalities of State and the Erosion of Human Rights Autonomy: Chinese Policy on the Arrest of Foreigners as a Part of its International Relationship Toolkit

Posted on October 19, 2020
 Pix Credit International Business Times Three seemingly unconnected stories have circulated in recent days.  The first was the announcement by the Chinese government of its intention, at times and places of its choosing, to arrest U...

The West's Private Sector Responds: "European Chamber Stance on United Front Work In China?s Private Sector"

Posted on October 17, 2020
  In ?????????????????????????????The General Office of the CPC Central Committee issued the "Opinions on Strengthening the United Front Work of Private Economy in the New Era", the Central Committee of the Chinese Communist Party continued the development of its all around development of expanding the CPC's influence, and of ensuring cohesion and discipline among those subject to the CPC's leadership (English translation HERE)...

Cuban Constitutionalism in a Global Context--A Conversation With Jorge Dominguez for the Association for the Study of the Cuban Economy

Posted on October 15, 2020
 The Association for the Study of the Cuba Economy (ASCE) with the support of the Coalition for Peace and Ethics (CPE), has undertake an interview series.  The object of this series is to draw attention to the work of leading scholars and actors involved in the examination of Cuban society, culture, politic s, law, and economics from a national, regional or international perspective...

Announcing Posting of Video Recordings of the Association for the Study of the Cuban Economy's 2020 Virtual Conference: CUBA FROM THE CASTROS TO COVID

Posted on October 14, 2020
 In conjunction with the Association for the Study of the Cuba Economy (ASCE) and the Coalition for Peace and Ethics (CPE), I am delighted to share the video recordings of the ASCE 2020 Virtual Conference, the theme of which was "Cuba From the Castros to COVID...

Meaning Making History--Donald Trump: Columbus Day Proclamation; Indigenous Peoples' Day Proclamations of the Governors of California and Vermont

Posted on October 13, 2020
Here are the indigenous people Christopher Columbus and his men could not annihilate Shared history within a political community has always been difficult; all the more so when history moves, as it must, from the relation of events to its judgment.  History has always been well embedded in judgment, and judgement in values that serve as the structures through which the world (and the events which take place) are recognized, and in that act of recognition, placed within the value systems it is meant to validate and confirm...

Announcing Publication of "Flags, Color, and the Legal Narrative Public Memory, Identity, and Critique" (Anne Wagner and Sarah Marusek, eds, Springer 2021)

Posted on October 12, 2020
 I am delighted to share the announcement of the publication of Flags, Color, and the Legal Narrative: Public Memory, Identity, and Critique. It will be published by Springer ad available in hardback in 2021 (ISBN )The collection of essays provides a quite compelling approach on color-coded sign systems in flags, presenting a well developed cultural legal studies approach to the meaning of flags in the collective imaginary that cements a nation, and examining flags as a sense of uniqueness...

House Permanent Select Committee on Intelligence: "The China Deep Dive: A Report on the Intelligence Community?s Capabilities and Competencies with Respect to the People?s Republic of China

Posted on October 10, 2020
 Adam Schiff is no friend to the Trump Administration (e.g., here).  And yet it appears that the House intelligence Committee he chairs has now produced a Report that aligns quite nicely with President Trump's  National Security Strategy of the US with which the America First Initiative is conjoined (Ruminations 76: From Global to Fortress America; Thoughts on "National Security Strategy of the United States" (4 Dec 2017))...

Submission to the EU on the EU Regulation on Mandatory Human Rights and Environmental Due Diligence Made by the Professional Training for Lawyers & Barristers in the UN Guiding Principles in Business & Human Rights Working Group

Posted on October 09, 2020
 I am delighted to pass along the "Submission to the EU on the EU Regulation on Mandatory Human Rights and Environmental Due Diligence" for the Professional Training for Lawyers & Barristers in the UN Guiding Principles in Business & Human Rights Working Group...

Data-Driven Values-Based Hedging in the Shadow of COVID-19: Cuba and Costa Rica Open their borders to Tourism

Posted on October 09, 2020
  Pix Credit: (Marc Frank, Cuba opens most of country to tourism as enters "new normality", Reuters) In a recent reflection (Simulating Politics in the Shadow of COVID-19: " 'like the school nurse trying to tell the principal how to run the school') I suggested the difficulties of generating consensus among national elites in meeting the challenge of COVID-19...

Call for Abstracts and Panel Proposals: ASCE's 30th Annual Meeting(II), 'Caught in a Perfect ?Storm?: Are Havana?s Responses Sufficient?'

Posted on October 05, 2020
  CALL FOR ABSTRACTS and PANEL PROPOSALS ASCE's 30th Annual Meeting, Part Two   Caught in a Perfect ?Storm?: Are Havana?s Responses Sufficient?   January 4-6, 2021                                                             Virtual Conference   Following in the success of ASCE?s August 2020 virtual conference ASCE will host a second session this coming January...

"Fratelli Tutti": Social Solidaity and Faith Against the Reason of the Market

Posted on October 04, 2020
 On the anniversary of St Francis of Assisi's death, Pope Francis celebrates Mass before the Saint's tomb and signs his Encyclical "Fratelli tutti". Pix Credit HERE There is a greatness in simplicity that tends to cut through the self deception of complexity...

"Elites have to get out of the way"; Coalition for Peace & Ethics Input to the UNGPs +10: "Toward a Decade of Global Implementation"

Posted on October 02, 2020
      In a prior post I passed along the announcement by the UN Working Group for Business and Human Rights of a Call for Input for  its new global project, ?Business and human rights: towards a decade of global implementation...

Penn State Journal of Law & International Affairs Speaker Series Lecture 1 October 2020: On the Use of Data Driven Governance Tools to Develop Social Credit Like Systems for Business and Human Rights Issues

Posted on September 30, 2020
 I was delighted to have been invited to contribute to the  4th Annual Fall Speaker Series At Penn State Law The Penn State Journal of Law & International Affairs. This year Fall Speaker Series will be held ? virtually ? on the first four Thursdays of October of 2020...

Striking Back: Reflections on Xi Jinping Strong Defense of China's Xinjiang Policies (???????????????????????? [Xi Jinping attended the third Central Xinjiang Work Symposium and delivered an important speech])

Posted on September 30, 2020
 ????????????????????????I have been writing on the collective efforts lead by the vanguard elements of the liberal democratic camp on Chinese policy in the autonomous regions and Special Administrative Regions. Those efforts have sought to align the discourses and expectations (in the societal and private law fields) of human rights and sustainability, with national coordinated policy on global production chain decoupling from Xinjiang...

COVID, Control, and Complicity in Rwanda: A Brief Reflection on Human Rights Intersectionality in the Dead Spaces between Legal and Markets Regimes

Posted on September 29, 2020
 "Rwanda?s police force says the technology deployed in the fight against coronavirus will boost its ability to maintain order and security beyond the pandemic. 'Policing is more efficient with technology,' said police spokesman John Bosco Kabera ...

On the Soft Underbelly of the United States: Reflections on ????????????????????·???????????????????????60?????? ??????????????? [Xi Jinping exchanged congratulatory messages with Raul Castro, First Secretary of the Central Committee of the Communist Party of Cuba, and Cuban President Diaz-Canel on the 60th anniversary of the establishment of diplomatic relations between China and Cuba. Li Keqiang and Cuban Prime Minister Marrero exchanged congratulatory messages]

Posted on September 28, 2020
 (Pix Credit:La Cuba de Fidel y la China de Mao: dos comunismos enfrentados)It is invariably the small and sometimes apparently insignificant side notes of history that reveal much about the emerging shape of things.  Those who study only the "great people, the glorious incidents, and the grans gestures orchestrated by powerful individuals and institutions miss much  by focusing only on what at times is a theatre of the absurd for an audience with an endless appetite for absurdity...

From Reform and Opening Up to Dual Circulation Strategy--China Responds to Western Economic De-Coupling Strategies With a De-Coupling Strategy of its Own

Posted on September 27, 2020
 Pix: Why China's 'dual circulation' plan is bad news for everyone else I have been writing on the collective efforts lead by the vanguard elements of the liberal democratic camp on Chinese policy in the autonomous regions and Special Administrative Regions...

Litigating Cuba: Havana Docks Corp. v. Carnival Corporation and the LIBERTAD Act

Posted on September 26, 2020
 (Pix © Larry Catá Backer 2017 (Havana Harbor from Regla))Title III of the LIBERTAD Act, ?created a private right of action against any person who ?traffics? in confiscated Cuban property.? Garcia-Bengochea v. Carnival Corp., 407 F. Supp. 3d 1281, 1284 (S...

The Penn State CSR Lab 2020 Report No. 1: Creating a Ratings System for Business Compliance with the OHCHR Accountability and Remedy (ARP) III Project--The Basis of Measurement

Posted on September 24, 2020
 In a prior post I mentioned the start of an extra credit project undertaken by my class on Corporate Social Responsibility (CSR) Law at Penn State Law (Creating a Ratings System for Business Compliance with the OHCHR Accountability and Remedy (ARP) III Project--The Penn State CSR Lab 2020)...

Open Call for Input from the UN Working Group for Business and Human Rights: Next Decade 10+ "Business and human rights ? towards a decade of global implementation"

Posted on September 23, 2020
 In the West, humans, and their institutions, are sometimes obsessed with the magical quality of the passage of time.  Time, of course, IS magical, in the sense that it signals first a thrusting toward vigor that then progresses toward an inevitable rigidity and a decline preceding death and its re-incarnation as memory...

Remarks by Mr Trump and Mr Xi to the 75th Session of the United Nations General Assembly-- Transcript and Brief Reactions

Posted on September 22, 2020
Pix Credit: U.S.-China Rift Worries World Leaders at the United NationsAs is customary at this event, a number of important (or self important) world leaders appear before the United Nations at the commencement of the United Nations General Assembly annual session...

Brief Reflections on the OMFIF/Refinitv Report: The Role of Data in Sustainable Investment, Policy and Regulation (2020)

Posted on September 21, 2020
"Everybody wants comparable reliable, robust data, but no one quite knows how to get it, and people are very scared about the implications of what having that much data might mean on a societal level.?" (quoting Felicia Jackson in Report, below at p...

Xinjiang in the Crosshairs of the West: H&M and the Norwegian Pension Fund Global Add to the Pressure on Chinese Officials to Meet the Allegations of Human Rights Abuses

Posted on September 20, 2020
 Pix Credit HERE Xinjiang has proven to be both a test of China's internal policies--and of the effectiveness of the implementation of the CPC Party Line in accordance with its spirit--but also of the consequences for global trade and finance where the ideological lens, principles, and expectations of  liberal democratic states appear incompatible with those of Chinese Marxist Leninism as applied in Xinjiang...

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