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Kenneth Anderson
This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing — appealing deliberately to the apparatus of welfare-maximization and cost-benefit analysis.
The general form of “too easy” argument is one that applies, however, with respect to any form of the reduction of risk on the battlefield — including in principle not just reduction of risk to one's own forces through remote weapon platforms such as drones, but also reduction of risk to civilians on the battlefield through precision technologies and the reduced risk to civilians arising from not having soldiers seeking to protect themselves in battle. Thus, the general form of the social welfare argument — rarely noted or understood by those making it — is that greater efficiency (i.e., reduction of battlefield harms, whether for your own forces or for civilians) in the conduct of hostilities, the “jus in bello,” might result in greater inefficiency in the disincentives to resort to force, the “jus ad bellum.” Efficiency jus in bello might imply less efficiency jus ad bellum.
That there is an “inefficient” level of incentive to resort to force presumes, however, that there is in principle an “efficient” one. The article argues that this is conceptually incoherent and (mis)applies the law and economics of social welfare maximization to a sphere of activity upon which it has little or no purchase. “Easier” resort to force is not the same as “too easy.”
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Jonathan Baker and David Reitman
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Daniel Bradlow
The thesis of this chapter is that, despite all the governance changes that the IFIs have undergone, they still do not have adequate governance arrangements and will need to undergo further reform if they are to perform their mandates effectively. In order to establish this thesis, this chapter is divided into four parts. First, it describes the reforms the IFIs have agreed to and have implemented. Second, it sets out some benchmarks against which these governance reforms can be measured. Third, it assesses the adequacy of the reforms undertaken based on the benchmarks identified in the second section. The final section is a conclusion.
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Janie Chuang and Anne T. Gallagher
This chapter explores the main efforts to produce compliance-focused indicators that can help improve international treaties against human trafficking. It shows that the power held by the US State Department (the organization that tried to pursue such indicators) is used unilaterally, and that this unilateralism can overcome a collective action problem. It then examines other functions of unilateralism, and shows that the indicators for human trafficking created by the US State Department are produced using criteria set by the US legislation.
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Susan D. Franck
In late 2008, as financial markets were crashing, the Vale Columbia Center on Sustainable International Investment launched the Columbia FDI Perspectives. The first Perspective, entitled “The FDI recession has begun,” correctly forecast an FDI recession in the following year. From that first Perspective in late 2008 to the end of 2010, the series published thirty-three concise notes on topical FDI-related issues by diverse experts in the field. The purpose of these Perspectives is to inform readers about some of the important issues and trends in the contemporary debate on FDI, and to promote a wide-ranging discussion about the policy implications of these trends and events. The topics of these Perspectives, while not an exhaustive list of the issues raised by the global investment regime, capture a dynamic period in the global debate on international investment and reflect many hot topics and issues of continuing relevance in 2009-2010. Topics ranged from the implications of the financial crisis and recession for major economies, to the changing geography of the international investment regime and policy questions faced by emerging markets; from the implications of sovereign investment for national security and measures taken to restrict such investment, to policy options for countries seeking to increase inward investment flows and trying to stay competitive in a downward market; from investment in land and agriculture, to investment in extractive industries – raising important questions both for national policy and for the international investment regime. The range of topics reflects the multifaceted, interdisciplinary and rapidly evolving nature of key issues in international investment. This compilation of the Perspectives offers snapshots of some of the most topical issues of 2009-2010 and an opportunity to connect the dots, drawing out the interconnections among the various themes addressed in the stand-alone Perspectives. It is the collection of these issues and policy considerations that, woven together, forms the changing fabric of the international investment regime. By putting these pieces together in one volume, this e-book allows a clearer picture to emerge.
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Susan Franck, Karl P. Sauvant, Jennifer Reimer, Todd Allee, Ilan Alon, Alice H. Amsden, Tadahiro Asami, Reuven S. Avi-Yonah, Paul Barbour, Christian Bellak, Axel Berger, Sjoerd Beugelsdijk, Subrata Bhattacharjee, Harry G. Broadman, Elizabeth Broomfield, Gert Bruche, Matthias Busse, John A. Cantwell, Aleh Cherp, Lorenzo Cotula, Nandita Dasgupta, Kenneth Davies, Alexandre de Gramont, Armand Claude de Mestral, Kabir Duggal, Persephone Economou, John Evans, David N. Fagan, Mark Feldman, Hermann Ferré, Daniel M. Firger, Veljko Fotak, Kevin P. Gallagher, Nilgun Gokgur, Kathryn Gordon, Jose Guimon, Thilo Hanemann, Torfinn Harding, Jean-François Hennart, Seev Hirsch, Wing (Xiaoying) Huo, Beata Smarzynska Javorcik, Nathan M. Jensen, Lise Johnson, Thomas Jost, George Kahale III, Kalman Kalotay, Laza Kekic, John M. Kline, Charles Kovacs, Jürgen Kurtz, Jo En Low, Miguel Pérez Ludeña, Edmund J. Malesky, Geraldine McAllister, William L. Megginson, Sophie Meunier, Michael Mortimore, Joel Moser, Michael D. Nolan, Peter Nunnenkamp, Terutomo Ozawa, Clint Peinhardt, Nicolás M. Perrone, Luke Eric Peterson, Mark Plotkin, Joachim Pohl, Lauge N. Skovgaard Poulsen, Carlos Razo, Daniel Rosen, Martin Roy, Giorgio Sacerdoti, Premila Nazareth Satyanand, Manfred Schekulin, Stephan W. Schill, Francisco Colman Sercovich, Arjen HL Slangen, Roger Smeets, Hans Smit, M. Sornarajah, Frederic G. Sourgens, Jonathan Strauss, Kenneth P. Thomas, Margo Thomas, Perrine Toledano, Julien Topal, Anne van Aaken, Gus Van Harten, Daniel Villar, Sandy Walker, Mira Wilkins, Jason W. Yackee, and Chen Zhao
This second edition of this publication provides an overview of important contemporary issues relating to foreign direct investment (FDI) and multinational enterprises for all those who are interested in this subject, but are not always in a position to follow diverse perspectives and what is being written in the various corners of this field. The contributions are grouped under the following headings: attracting FDI and its impact; the rise of emerging market investors; national policies; sustainable international investment; and international investment treaties and arbitration. The volume brings together all Perspectives published since the inception of this series until 2012.
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Fernanda Giorgia Nicola Dr.
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Jayesh Rathod
An overview of the contributions made by immigrant entrepreneurs in the United States, and the challenges they face.
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Jayesh Rathod
Community development law has assumed pre-eminence among strategies to alleviate entrenched poverty and create sustainable economic and social change within low income communities. Despite the growing prominence of community development within graduate schools and the helping professions, there is no comprehensive textbook to date. This text provides that resource.
Community Economic Development Law: A Text for Engaged Learning provides a flexible set of materials that faculty can customize to meet the goals of the stand-alone community development class, or the pedagogical needs of community development law clinics. The text enables students to approach the substantive material as would problem-solving, community-based practitioners. They do so by entering the community of Ourfuture City, whose Old World immigrants built a vanished industrial prosperity; and of its neighborhood, Milkweed Park, whose new immigrants and long-time residents confront the stresses of physical and financial isolation, racial segregation and economic disinvestment. Students assume the roles of advisors and advocates for the families, teachers, clergy, bankers, entrepreneurs, non-profits, public institutions, and activists of this prototypical struggling municipality.
The book intersperses overviews of substantive areas that are commonly encountered in community development advocacy with exercises and problems presented by the clients from Milkweed Park. Those areas include entity formation, economic development finance, housing, land use and the emerging field of community justice. The exercises use the substantive law to highlight skills that community development lawyers need to address their clients' problems and projects, as a basis for in-class discussion and/or preparation for client representation. -
Macarena Saez
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Lindsay Wiley
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Michael W. Carroll
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Janie Chuang
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Robert Dinerstein
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Robert Dinerstein
This new Second Edition of Clinical Anthology: Readings for Live Client Clinics has the same goal as the first edition published in 1997: to make available to law students in live client clinical courses materials which introduce the goals and methods of clinical education and identify and address the issues and dilemmas consistently arising in the practice of law.
The Second Edition of Clinical Anthology: Readings for Live Client Clinics is also updated to reflect the growth of clinical scholarship that has had a significant influence on curriculum and methodology in law schools throughout the United States since 1997. And, it differs from the first edition in the following ways: • It is organized into five parts, each with two or three chapters • It includes excerpts in Chapter 1 of portions of the Clinical Legal Education Association sponsored Best Practices Project and the Carnegie Foundation for the Advancement of Teaching study of legal education, which emphasize the critical role of clinical experience in preparing students for the legal profession • It moves the materials from Chapters 2 and 6 of the first edition to Part II titled "Professionalism: Ethics, Values and Access to Justice" in order to emphasize that a lawyer's duty to clients, to the justice system, and to the public are inseparable components of professionalism • It adds a new chapter: "Re-thinking Advocacy: Community Lawyering and Transactional Clinics" in the new Part III to respond to the increased diversity of types of clinics and their approaches
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Susan Franck
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Susan Franck, Karl P. Sauvant, Lisa Sachs, Ken Davies, Ruben Zandvliet, Gary Clyde Hufbauer, Laza Kekic, Nathan M. Jensen, Edmund J. Malesky, Reuven S. Avi-Yonah, Jose Guimon, Lorenzo Cotula, Christian Bellak, Markus Leibrecht, Terutomo Ozawa, Michael Mortimore, Carlos Razo, Premila Nazareth Satyanand, Gert Bruche, Anne van Aaken, Jürgen Kurtz, Kathryn Gordon, Joachim Pohl, Veljko Fotak, William L. Megginson, Charles Kovacs, Mark Plotkin, David N. Fagan, Subrata Bhattacharjee, Armand Claude de Mestral, Jason Webb Yackee, Kevin P. Gallagher, Lauge N. Skovgaard Poulsen University College London, Hans Smit, Michael D. Nolan, Frederic G. Sourgens, Luke Eric Peterson, Gus Van Harten, and Alexandre de Gramont
Succinct yet insightful reports are most welcome – especially in our era, distracted as it is by a rising tide of shallow commentary. For those who care about foreign direct investment (FDI), the premier reports are Columbia FDI Perspectives, published every few weeks by the Vale Columbia Center on Sustainable International Investment. Since the first issue (here republished as chapter 2) appeared in November 2008, the Perspectives have adhered to a format of about two pages, authored by a leading expert, on an FDI question of immediate interest. Consequently, there is no better way to keep abreast of changing trends and emerging themes.
Chapter 2 carries the prescient title, “The FDI recession has begun”; several issues (chapters 9-13) document the ascent and challenges of multinational enterprises based in emerging markets, particularly Brazil, India and China; chapter 6 explores farm deals in Africa with the provocative title, “Land grab or development opportunity?”; chapter 1 reveals that emerging markets would attract more than half of FDI in the midst of the Great Recession; chapters. 29 and 30 debate the arbitration featuring environmental claims between Pacific Rim LLC and El Salvador; chapter 22 surprisingly reports that general counsels often know little and care less about bilateral investment treaties.
Fortunately for FDI watchers, these issues of the Perspectives and many more – in fact the complete collection through 2010 – are now available in a single eBook. Corporate executives, who always have too much to read, will find this eBook essential for a quick briefing. Scholars, who always want to read more, will find the eBook a great place to start their quest. And policy officials, who want to know how the wind is blowing on hot questions, can find the direction from these Perspectives.
Much credit for this collection goes to the editor-in-chief, Karl P. Sauvant, the world’s pioneer in gathering reliable statistical information on foreign direct investment, a lifelong observer of FDI questions and a foremost scholar of multinational enterprises. Together with his team at the Vale Columbia Center, Sauvant has done a great service to those of us who care about FDI trends and emerging themes.
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Anna Gelpern
Financial institutions and governments the world over have been locked in mutual dependence since long before the crisis that began in 2007. Postcrisis reforms will not rid banks and governments of one another; at best, they may renegotiate the terms of engagement. This essay uses case studies from the Europe and the Americas to explore the implications of two enduring links between financial institutions and governments: first, the formal and informal public insurance that banks and a growing number of other firms enjoy in exchange for providing critical public services; second, the powerful economic, political and regulatory incentives for financial firms to hold government debt. As a result, an increase in government debt is a common by-product of large-scale bank failure, and large-scale bank failure is a common by-product of government debt default. Such links complicate loss allocation and crisis response. The essay concludes that no sovereign bankruptcy or financial resolution regime can be effective without accounting for the links between governments and financial firms.
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