Indiana international and comparative law review最新文献

{"title":"Reconciling California's Pre, Post, and Per Mortem Rights of Publicity","authors":"Keenan C. Fennimore","doi":"10.18060/17867","DOIUrl":"https://doi.org/10.18060/17867","url":null,"abstract":"In May 2010 the California legislature passed AB 585, an assembly bill extending the state's post mortem right of publicity to people whose identities have commercial value because of their death. 1 The bill amended California Civil Code section 3344.1, which previously protected only people whose identities had commercial value at the time of their death.2 AB 585 was proposed in response to the then-recent controversy surrounding the sale of tshirts protesting the war in Iraq and featuring the names of American soldiers who died while serving there.3 The law now entitles families of deceased soldiers to compensation for such unauthorized commercial use.4 At least five other U.S. states statutorily recognize publicity rights for deceased soldiers;5 however, AB 585 was unique in that it extended protection to the non-military deceased as well.6 In general, the U.S. right of publicity is \"the inherent right of every human being to control the commercial use of his or her identity.\"7 Although nearly two-thirds of all U.S. states recognize some form of publicity protection, either by statute or common law,8 a sufficient justification for how and why the law provides such a right remains in dispute.9 Despite some initial disinclination among courts and commentators toward categorizing the right of publicity, 10 what was once considered only a proprietary interest in the","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"8 8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130488498","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Revisiting the Value Added Tax: A Clear Solution to the Murky United States Corporate Tax Structure","authors":"Ii Charles C. Engel","doi":"10.18060/17866","DOIUrl":"https://doi.org/10.18060/17866","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"45 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125921819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Abolition of the Mandatory Death Penalty in Africa: A Comparative Constitutional Analysis","authors":"Andrew Novak","doi":"10.18060/17863","DOIUrl":"https://doi.org/10.18060/17863","url":null,"abstract":"The mandatory death penalty for the crime of murder is in rapid retreat worldwide. Originally diffused to the common law countries of the Caribbean, Africa, and South and Southeast Asia by way of the British Empire, the penalty has been found unconstitutional and incompatible with human rights norms in at least ten Caribbean nations since the year 2000. A new wave of litigation has appeared in the postcolonial common law nations of East and Southern Africa, and courts in Malawi, Uganda, and now Kenya have found an automatic sentence of death unconstitutional and have replaced mandatory schemes with discretionary ones that allow consideration of mitigating factors in the capital sentencing process.1 The resulting criminal justice regimes operate in closer conformity with international human rights norms and explicitly adopt these norms in their domestic legal systems. This harmonization of death penalty regimes across borders is no accident: it was the deliberate intention of a small network of international antideath penalty advocates to create a body of transnational jurisprudence from which to draw in bringing incremental challenges in national courts.2 By initially petitioning the United Nations Human Rights Committee and the InterAmerican Human Rights System to find the mandatory death penalty incompatible with human rights treaty obligations, this core of advocates succeeded in developing a corpus of persuasive reasoning on which they could","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"31 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121490084","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Corporate Social Responsibility from the Chinese Perspective","authors":"Ying Chen","doi":"10.18060/17659","DOIUrl":"https://doi.org/10.18060/17659","url":null,"abstract":"In recent years, several serious incidents causing numerous deaths have garnered special attention from the Chinese Central Government. Coal mines are dangerous in China, and accidents frequently occur throughout the provinces. These accidents, which have resulted in thousands of deaths, have been due to the neglect of safety standards by coal mine owners in favor of economic profit.' Moreover, in September 2008, several large milk and formula companies in China were involved in a notorious product quality scandal known as the \"Milk Powder Scandal\" or \"Infant Formula Scandal.\" Over 1,200 infants were sickened, hospitalized, and some even died, after being fed formula contaminated with melamine, an industrial chemical that can cause kidney stones and other complications in infants.2 Major newspapers in China have also frequently reported social problems such as physical abuse of workers, dangerous working conditions, unfair wages, product quality scandals, and industrial pollution. All of these problems involve a fairly new issue in China: Corporate Social Responsibility (CSR). It would be inaccurate to say that CSR is a completely new issue in China because the Chinese government has been committed to the improvement of CSR for decades.3 The Chinese government seeks to substantially increase social wealth to satisfy social needs; it takes measures to foster job growth; it strives to promote social welfare; and it tries to control pollution to guarantee a better environment. All such efforts are carried out for the sake of corporate development.' Nevertheless, the term CSR is fairly new in China. The numerous CSR-related laws in China indicate that the government highly values CSR in most aspects of its","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"5 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114244162","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Recent European Union Initiatives & the Danish Experience","authors":"Peter Gjortler","doi":"10.18060/17660","DOIUrl":"https://doi.org/10.18060/17660","url":null,"abstract":"Corporate Social Responsibility (CSR) is a concept that has developed over the last twenty years, with rapid and accelerating growth in public awareness and application during the last ten years.' Currently, it is a major concern for many companies and has become increasingly visible as front-page news in professional newsletters.2 However, it remains a field that is to a large extent unregulated, or regulated only by soft law. The purpose of this paper is to examine the latest developments in European Union (EU) policy on CSR and to present the experience of Denmark in supporting soft law targets with hard law measures. This paper is based on a presentation made on March 26, 2010, to a symposium arranged by the Indiana International & Comparative Law Review3 held at Indiana University School of Law-Indianapolis. The symposium reflected on the application of CSR in different regions and cultures across the globe.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"63 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117352121","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Concept of Corporate Social Responsibility in Islamic Law","authors":"Salma Taman","doi":"10.18060/17662","DOIUrl":"https://doi.org/10.18060/17662","url":null,"abstract":"This Article analyzes whether the concept of corporate social responsibility (CSR) is consistent with Islamic law (Sharia). The goal is to survey the primary sources of Sharia in an attempt to find any Islamic notions, Quranic verses, or Prophetic Hadiths that are related to CSR and that show that it is supported by and consistent with Islamic law. Part I discusses the concept of CSR and what it represents in the West by comparing the most widely accepted definitions of CSR. After determining what constitutes CSR, the Article explores whether CSR exists in Islamic law. The analysis of whether CSR is consistent with Islamic law is done via a discussion of two jurisprudential tools. Eminent Muslim jurists, who were confronted with questions relating to Sharia that had no direct answers in the primary sources, created these tools. They came up with jurisprudential solutions to make Islamic law more flexible, capable of accommodating the rapidly changing world, and able to provide answers to any new notions that were not existent during the legislation process of Sharia. After showing that CSR is consistent with Sharia, in Parts II-IV, the Article looks more closely at Islamic law to extract any ideas, notions, or concepts that indicate CSR is required by the Sharia. The Article then briefly explains these notions and shows the Quranic verses and Prophetic Hadiths that embody them. Part V discusses prohibited commercial activities in Islamic law, including usury, gambling, gharar, and others. This section provides definitions for each activity as well as the reasons for its prohibition. Part VI introduces Islamic financial institutions (IFIs), the reasons for their existence, and the services they offer as alternatives to the prohibited activities in Islamic law. Part VII discusses some implications of the prohibitions for doing business in and with Islamic countries in the 2 1s' century. Part VIII offers concluding remarks.","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"2000 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123756445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Battling Corruption within a Corporate Social Responsibility Strategy","authors":"M. Arafa","doi":"10.18060/17658","DOIUrl":"https://doi.org/10.18060/17658","url":null,"abstract":"The following analysis falls into three sections. Having established the conceptual and ethical groundwork in Part One, Part Two contains an analysis of CSR principles. Part Three examines the role of CSR in battling unethical behavior, especially corruption, through anti-corruption policies and other measures for combating this phenomenon with particular emphasis on the 2003 United Nations (U.N.) Convention against Corruption. To clarify the analysis, this article focuses on the following two sets of inquiries: First, are corporations cognizant of the relevant anti-corruption conventions and soft-law instruments? How do they perceive these measures? What impact, if any, have these conventions had on companies? Have corporations adjusted or changed their behavior as a result? Second, have corporations voluntarily adopted codes of conduct or other internal measures that promote CSR? Do these measures include a commitment to confronting bribery or corrupt behavior internally and on the part of their agents and those in their supply chain? Is CSR a useful and effective tool in tackling corruption generally? If so, to what extent? This Note concludes in Part Four by arguing that CSR should be a priority among practitioners in fighting unethical corporate behavior.“The advent of globalization has brought about unprecedented changes in the pace and nature of business practices in both the community market place and the work place. In the context of an evermore connected and inter-reliant world, intense demand for economic growth pressures societies to address myriad environmental, economic, social, and health issues facing populations, businesses, and governments.”Nothing erodes sustainable economic development more than corruption. Given its systemic pervasiveness, the private sector plays a critical role and has a vested interest in assuming social as well as economic responsibility. Though implementation rests firmly in the hands of national governments, corporations cannot ignore their critical role in creating a sustainable anti-corruption initiative. Looking ahead, companies face several challenges.However, the private sector can generate viable solutions to fight corruption by serving as a role model to the larger business community. Through collaboration with government and civil society in knowledge-sharing forums, through creation of an ethical corporate culture via increased responsibilities, and through innovative solutions to reduce the risk of corruption in corporate governance, the private sector can make a significant impact. CSR practitioners must prioritize the battle against corruption. It is important to focus on specific goals and policies and build upon the current mechanisms developed by the international community, especially the U.N. Convention.The CSR movement possesses the potential to strengthen commitments made by state parties by developing model theories into everyday business practice. Therefore, it should be concerned w","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121379397","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Climate Change Mitigation and Adaptation Policy Options: Reducing Australia's Dependence on Coal, Natural Gas, and Other Nonrenewable Energy Resources","authors":"Michael I. Jeffery","doi":"10.18060/17661","DOIUrl":"https://doi.org/10.18060/17661","url":null,"abstract":"","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116004870","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Chinese Corporate Lawyers Face Challenges in Maintaining Corporate Social Responsibility in the Age of Globalization","authors":"Ding Xiangshun","doi":"10.18060/17663","DOIUrl":"https://doi.org/10.18060/17663","url":null,"abstract":"In China, the term \"lawyer\" is defined as \"a practitioner who has acquired a lawyer's practice certificate pursuant to law and provides legal services to the public.\"' Since the reforms to the regulation of lawyers in the early 1980s, the Chinese legal services industry has developed dramatically, and the swift expansion of the legal profession is evident in both quantity and quality. By the end of 2009 there were over 166,000 practicing lawyers, compared with just several hundreds in the early 1980s. Chinese lawyers have become better able to pursue the interests of their clients, and their income from legal practice has increased substantially.4 The process of professionalization has contributed to a trend towards specialization, and more lawyers have begun to specialize in commercial","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"125 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123990789","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Statute of Limitations for Alien Torts: A Reexamination After Kiobel","authors":"A. Pradhan","doi":"10.18060/17651","DOIUrl":"https://doi.org/10.18060/17651","url":null,"abstract":"The recent Second Circuit ruling in Kiobel v. Royal Dutch Petroleum that corporations may not be held liable under the Alien Tort Statute (ATS, formerly ATCA) 4 has shaken many human rights activists and internationalists. If this holding is upheld, it will require major reformulation of pending complaints. Although Kiobel may make the road difficult for ATS plaintiffs, the court's insistence on adhering solely to customary international law in determining jurisdictional issues may benefit ATS plaintiffs in other areas, most notably by contributing to the argument against the imposition of a statute of limitations on claims under the ATS.' Contrary to this position, the Ninth Circuit, in Wesley Papa, et al. v. United States and the U.S. Immigration & Naturalization Service, was the first to apply a ten year statute of limitations to ATS claims.6 This holding has been cited in several other cases within the Ninth and Second Circuits.' However, the imposition of time limitations on ATS claims has been rebuffed by other U.S. courts.! This article concludes that not only does imposition of a statute of limitations negate the purpose of the ATS,9 but also the Ninth Circuit's reasoning in favor of time limitations does not hold in the face of Kiobel.10","PeriodicalId":230320,"journal":{"name":"Indiana international and comparative law review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2011-01-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129051661","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}