Suchergebnisse

To prove that dangerous roadways caused their traffic accidents, plaintiffs often seek discovery of highway information from state and local governments. Title 23 U.S.C. § 409 bars discovery of some of that information; it creates an evidentiary privilege for materials and data collected for certain federal highway safety funding programs. For example, state and local governments receiving funds through the federal hazard elimination program codified at 23 U.S.C. § 152 must maintain an engineering survey of all state public roads. Section 409, in turn, makes certain data and materials compiled or collected for § 152 exempt from discovery and inadmissible at trial. Courts have differed in interpreting § 409's scope, with some state courts initially construing the privilege narrowly. Congress amended the statute in 1995, expressing its intent to broaden those narrow interpretations. In Guillen v. Pierce County, the Washington State Supreme Court held that this amendment—interpreted as a significant expansion of the privilege—exceeded Congress' authority under the United States Constitution and violated state sovereignty. This Note argues that the court's approach to interpreting § 409 disregarded judicial principles that favor narrowly construing evidentiary privileges and avoiding constitutional holdings. A narrow interpretation of the 1995 amendment would protect the integrity of state tort systems while fulfilling congressional intent and adhering to established principles for construing statutes and evidentiary privileges.

The universal recognition of human rights promotes international 'cosmopolitan law' protecting rights and judicial remedies of citizens in ever more fields of international regulation. Yet, even though free trade agreements (FTAs) protecting rights and remedies of citizens have been uniquely successful in European integration, the European Union (EU)'s 'cosmopolitan foreign policy mandate' is increasingly disregarded in FTA negotiations with non-European countries. The EU's transatlantic FTAs risk undermining fundamental rights and judicial remedies inside the EU. Citizens rightly challenge the interest group politics in designing transatlantic FTAs and the EU's neglect for participatory and deliberative democracy in EU trade policies on regulating international markets.

We extend prior studies on racial apathy and monetary sanctions by uncovering the relationship between the two within the realm of preferences for liberal reforms. Our study draws upon the Chicago Area Finances Survey, 2019 to answer three basic questions: (1) Is racial apathy an empirically distinct form of modern prejudice? (2) Is racial apathy of political consequence for liberal reforms on monetary sanctions? (3) Does racial apathy influence other groups besides whites? The reforms we measure feature policies that address the growing debt tied to legal infractions, including the establishment of monthly payment plans, permitting legal debt to be exchanged for community service, and fulfilling debt obligations with the completion of programs that enhance human capital. We find that racial apathy is especially relevant for predicting who withholds support for liberal reforms on monetary sanctions.

It is well documented that the private military and security industry has the capacity to do great gendered harms to both those it encounters and those it employs.1 Significantly, it is also a sector where a variety of human rights-based approaches, instruments and mechanisms have emerged beyond the United Nations Guiding Principles on Business and Human Rights (UNGPs).2 The International Code of Conduct for Private Security Providers (ICoC) addresses gender, and sexual and gender-based violence (SGBV), and explicitly requires private military and security companies (PMSCs) to integrate a gender perspective in their practices.3 Through an examination of publicly available documents and policies required for PMSCs certified as complying with the ICoC, this piece evaluates whether PMSCs do in fact integrate a gender perspective into their human rights policies and grievance procedures (see Table 1).4 Our study of certified PMSCs demonstrates that despite increased attention to the potential for negative gender impacts in the sector, companies have not developed gender-responsive policies and procedures. It can be said, therefore, that gender is not addressed in any meaningful way by PMSCs. More specifically, we conclude that PMSCs have not yet shown the required holistic understanding of gendered impacts and barriers that is required to respect human rights, and that further efforts are needed in the sector.

Das Bankgewerbe arbeitet in einem stringenten Rahmen von Regulierungen und Aufsicht, der ihm einerseits durch nationale Gesetzgebung, andererseits von den eigenen Branchenverbänden auferlegt ist. Den verbleibenden Freiraum nutzen die Banken, um eigene ethische Standards ihren Stakeholdern gegenüber zu formulieren. Trotz all dieser Regeln und Begrenzungen sind Kontrollen und Sanktionen unvermeidlich. Die Verfasserin plädiert dafür, in den Studiengang Bankwesen auch ethische Themen zu integrieren, um so eventuell eine Quelle unethischen Verhaltens trockenlegen zu können. (ICEÜbers)

This presentation will give the audience a brief history of the highly controversial Armenian Genocide of 1915-1917, as well as explaining how this genocide has the unique disctinction of being highly contenious, but also simultaneously ignored within the realm of International Politics. This highly fraught yet unresolved scenario is used to serve the needs of international political actors, who politically manipulate this travesty to advance their own goals.

This Comment argues that the most appropriate test for applying the statutory definition of misconduct an objective test based on knowing disregard of the employer's interests by the employee, rather than any current interpretation of the definition by the courts of Washington. In Section One of this Comment, the policies behind the Employment Security Act and the ramifications of different culpability elements are discussed. Section Two details the different tests for misconduct generated by the courts. Part A of Section Two discusses the common law tests and their culpability elements prior to the 1993 statutory definition of misconduct. Part B discusses the more recent tests and culpability elements generated by the courts to interpret the statutory definition of misconduct. Section Three argues that the policy of the Employment Security Act and the legislative history of the 1993 statutory definition best support an objective test with a knowing disregard culpability element as the appropriate interpretation of the statutory definition.