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Human rights have recently impacted on current conceptualisations of the rights and obligations owed to individuals with impairments, culminating in the UN Convention for the Rights of Persons with Disabilities. Particularly significant is Article 12, where interpretations have heralded a "will and preferences" paradigm which rejects substituted decision-making mechanisms, even in situations where an individual should make personally harmful or unwise decisions about their treatment, care, or relationships. This paper explores problems with "strict" and "flexible" interpretations of Article 12, focusing specifically on safeguarding issues in cases of relational abuse, exploitation, and coercion. Drawing analogies with feminist arguments opposing violence against women in the domestic sphere, I challenge the private/public and individualistic account of autonomy which is implicit in interpretations of the "will and preferences" paradigm, and suggest that proponents of Article 12 should consider the possible justifiability of expanded protectionist measures in cases of abuse involving individuals with impairments.

Book I of Augustine's work On Free Choice (De Libero Arbitrio) offers a helpful introduction to some of the most important themes of political philosophy. The paper makes a case for teaching this text in introductory courses on political thought, theology of social life, and similar topics, alongside or even in place of the more usually assigned excerpts from City of God. The text is written as a dialogue in which Augustine seeks to introduce a student of his to reflection on the ways in which our moral outlook is profoundly shaped by our political citizenship. It invites all of us, whether Christian or non-Christian citizens, to enter into the dialogue ourselves as Augustine's students and so to reflect on the moral significance of our own citizenship.

Les négociations en cours du traité transatlantique sur le commerce et l'investissement concernent l'accès au marché, la coopération réglementaire et un certain nombre de sujets sensibles, notamment les investissements.

Arbeitskämpfe gegen Standortverlagerungen beschäftigen seit einigen Jahren vermehrt Praxis und Wissenschaft. Die "Viking"-Entscheidung des EuGH hat gezeigt, dass sich ihre rechtliche Beurteilung nicht nur nach dem nationalen Arbeitskampfrecht richtet, sondern hierbei auch das Europarecht zu berücksichtigen ist.Die Arbeit untersucht zunächst die höchstrichterlich noch nicht entschiedene Frage der Zulässigkeit solcher Arbeitskämpfe nach deutschem Arbeitskampfrecht. Es wird herausgearbeitet, dass ein Arbeitskampf mit dem Ziel der Standorterhaltung grundsätzlich zulässig ist, solange die allgemeinen Arbeitskampfregeln eingehalten werden. Sodann widmet sich die Arbeit der rechtlichen Beurteilung solcher Arbeitskämpfe unter Zugrundelegung des Europarechts. Hier wird unter Ablehnung der Rechtsprechung des EuGH dargelegt, dass zumindest tarifbezogene Arbeitskämpfe der durch Art. 28 GRCh geschützten Tarifautonomie dienen und eine etwaige Beeinträchtigung von Grundfreiheiten gerechtfertigt ist

This report contains the safety valve and substantial assistance exceptions on the federal mandatory minimum sentences.

The Guantánamo prosecution of Abd al-Rahim al-Nashiri, the alleged mastermind behind the deadly USS Cole bombing, highlights an unresolved issue in military commissions: whether the Confrontation Clause of the Sixth Amendment to the Constitution applies to bar hearsay statements of unavailable witnesses. While al-Nashiri's counsel recently moved for the military judge to take judicial notice that the Confrontation Clause applies, it is worth considering that the question may be framed differently. Rather than ask whether the Confrontation Clause applies in a military commission, we may ask whether a "testimonial statement" - the only kind of hearsay evidence that triggers the Confrontation Clause-is a concept consistent with wartime tribunals. This Article proposes that a testimonial statement is a uniquely civilian concept, situating military commissions outside the scope of the Confrontation Clause. The military commission trying al-Nashiri nonetheless preserves the constitutional value of reliability while offering different procedural protections than are offered in federal courts, such as admitting hearsay statements from witnesses made unavailable by war.

Congress passed the Organic Foods Production Act (the "OFPA"), and over a decade later, rules implementing the Act were finally promulgated in 2002. In the time between the Act's passage and its implementation, the number of consumers purchasing organic food in the United States, and globally, increased dramatically. Since 1990, the market has grown approximately 20 percent per year. The consumer interest in organic food is particularly striking given the OFPA does not guarantee that food sold as "organic" will be free from toxins or pesticide residues. Indeed, the legislative history of the Act makes clear that Congress did not intend to guarantee that food labeled "organic" would be free from toxins or pesticide residues. Rather, the OFPA focuses intently on process rather than end product regulation. In this regard, the OFPA has a different focus than much of American business regulation, where the focus appears to be mainly on end product regulation. This paper asserts that regulation of organic food products should be more product-based for a number of reasons. The most important reason is that organic farming and marketing is unique. Not only does the process by which the food is produced matter to these particular consumers, but consumers also care deeply about the quality of the end product. Organic food buyers recognize that the process by which food is produced has moral and ethical implications. This process impacts farm workers, the environment, and ultimately the quality of the food itself. Given that concerns about farming methods and their relation to environmental health are on the rise, this paper will discuss consumer preferences for process and/or product information. Additionally, in analyzing this product/process distinction, this paper will discuss the "market for lemons" theory first espoused by Professor and economist, George A. Akerlof, in "'The Market For 'Lemons:' Quality Uncertainty and the Market Mechanism." In "Lemons," Professor Akerlof analyzed a market where buyer and seller relied on asymmetric information. This market ultimately resulted in low quality goods, or "a lemons market." This paper explores the application of the "Market for Lemons" theory to the organic foods market, and considers that while the organic market is one where asymmetric information exists between buyer and seller, the market for organic foods continues to flourish. Part I of this paper discusses the current regulation of organic food under the OFPA and the implementation of regulations, including recent changes to regulations effective January 2013. Part II discusses consumer perceptions about, and preferences for, organic food, analyzing whether those perceptions align with reality. Part II also explores factors that influence consumers' reasons for buying in the organic food market. In light of these perceptions and preferences, Part III discusses the shortcomings of the OFPA. Finally, Part IV of this paper urges that the market for organic food ought to be more heavily regulated from a product perspective in spite of the fact that the market for organic food is not a "Lemons" market. This paper ultimately asserts that, despite asymmetric information about ultimate product quality, the reasons for purchasing organic food will remain sound, and the market for organic food will remain fundamentally strong. However, for a multitude of other reasons, including the religious and ethical concerns of consumers relative to health and environment, I propose a regulatory paradigm that would include stricter "organic specific" regulation, as well as thorough end product testing to support the continued expansion of this profitable market.