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Globalization and the growth of multinational enterprises (MNEs) has been accompanied by an increasing call for corporations to take responsibility for their environmental and social impacts, and for greater corporate disclosure and transparency with regard to non-financial risks (collectively...
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Numerous scandals over the past 10-20 years, and last but not least the financial crisis, have raised public interest in and the demand for stricter regulation of executive pay in general and compensation packages for departing directors in particular (so-called 'golden parachutes' or 'golden...
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Imposing legal liability on corporations for their involvement in human rights violations remains problematic. In the United States, civil liability in such circumstances developed in a series of Alien Tort Statute cases. This evolution came to an abrupt end with the cases of Kiobel v. Royal...
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The U.S. Supreme Court, in a series of recent cases, has restricted personal jurisdiction over corporate defendants ― and foreign corporations in particular. The Supreme Court’s restrictions are ― although a peripheral concern ― motivated by an interest for international comity and an...
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Scholarly work shows that the existing legal framework for sustainable development is insufficient, cautious, incremental, and incomplete. Despite public and private efforts to address sustainable development, environmental and social problems and conditions continue to worsen. This Article...
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This Article describes the problem of ambush marketing: the act of attempting to associate with an event without buying the rights to do so. From the perspective of the organizers and sponsors, the problem is significant. More than $100 billion is spent annually on purchasing sponsorship rights...
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We argue that proactive law can help organizations be more sustainable. Towards that end, this Article first provides a synopsis of proactive law literature as it pertains to corporate sustainability. Next, we discuss a series of illustrative cases on the pivotal nexus of proactive law and...
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