Recent Articles

Part XV—Zhiwei Tong (???) Series: The Petitioning System and the Constitution of China

Larry Catá Backer

March 22, 2012 14:41

 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (???),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See,...

Part XXV—Zhiwei Tong (???) Series: Petitioning System and the Constitution of China (Part III)

Larry Catá Backer

March 22, 2012 14:27

 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (???),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See,...

Jernej Letnar Cernic on the 2011 Updates of the OECD's Guidelines for Multinational Enterprises

Larry Catá Backer

March 20, 2012 17:06

Jernej Letnar Cernic, who teaches at the School of Government and European Studies and at the European School of Law, Slovenia, has published a short but useful guide to the 2011 updates of the Organization for Economic Cooperation and Development's Guidelines for Multinational Enterprises. ASIL...

New Essay: Transparency in International Private Law

Larry Catá Backer

March 18, 2012 23:35

For those interested, I have posted the following essay to the Social Science Research Network (SSRN) website.  (Pix (c) Larry Catá Backer 2012)Transparency and Business in International Law—Governance Between Norm and TechniqueLarry Catá Backer Abstract: This essay considers...

Governance Through Morals, Ethics or Rules: Assessing Employee Conduct Against Legal and Moral Codes; an Emerging Standard Without a Rule of Law?

Larry Catá Backer

March 18, 2012 16:01

(From Penn State Faculty Senate look for ways to curb student loan debt, Centre Daily Times)“I rise to make the following motion:  That no employee, faculty member or other agent of the University be required, as a condition of employment, to adhere to standards of conduct that are not...

Ruminations XXXIX: Transparency As Property

Larry Catá Backer

March 18, 2012 01:07

Transparency is coming to be understood as a concept that serves as both norm (substantive rules, instrumental use) and technique (process, method, metrics).  In its dual roles, transparency has both broadened its measuring and expanded its governance effect. Transparency has come to stand...

Transparency and Monitoring Corporate Social Responsibility: Apple, Foxconn and 'This American Life'

Larry Catá Backer

March 17, 2012 16:15

It is possible to surmise that voluntary codes—when coupled with monitoring from outside sources (for example NGOs or the media)—may well tend to affect corporate behaviour at least to some small extent. It also now appears to affect the behavior of CSR civil society and media monitors as well....

Part XXIV—Zhiwei Tong (???) Series: Petitioning System and the Constitution of China (Part II)

Larry Catá Backer

March 15, 2012 00:50

 (Zhiwei Tong, PIX (c) Larry Catá Backer)For 2012, this site introduces the thought of Zhiwei Tong (???),one of the most innovative scholars of constitutional law in China.  Professor Tong has been developing his thought in part in a essay site that wasstarted in 2010.  See,...

Fugitive Disentitlement and the Juridical Presumptions of Administrative Agencies in the United States

Larry Catá Backer

March 14, 2012 01:14

Courts in the United States have all sorts of procedural mechanisms for acting summarily against disrespectful litigants.  These mechanisms make sense as punitive devices in the context of equity--a litigant ought not to preserve her rights intact where she has failed to conform her behavior...