Vol. 39 No. 4 Category
From Fretting Takeovers to Vetting CFIUS: Finding a Balance in U.S. Policy Regarding Foreign Acquisitions of Domestic Assets
Oct. 16, 2012—Merger law in the United States has historically relied on a system of private ordering with as little intervention from the federal government as possible. This scheme lies in stark contrast to the merger law of many other developed nations and, as such, has become a trademark of U.S. corporate law. Recent events, however, have...
Sheldon Kennedy and a Canadian Tragedy Revisited: A Comparative Look at U.S. and Canadian Jurisprudence on Youth Sports Organizations’ Civil Liability for Child Sexual Exploitation
Oct. 16, 2012—National Hockey League player Sheldon Kennedy’s 1997 revelation that his award-winning junior hockey coach had molested him for years created a national outcry in Canada. It resulted in the appointment of a special commission and declarations from the United States and Canada that this must never happen again. However, Kennedy was not alone; child sexual...
Two (or Five, or Ten) Heads are Better than One: The Need for an Integrated Effort to International Election Monitoring
Oct. 16, 2012—Election monitoring efforts have a crucial role to play in attaining the goals of self-determination and democratic sovereignty. Yet current election monitoring practice suffers from variance in the goals, standards, and strategies employed by the many organizations that engage in election monitoring and observation programs. This Note examines the current state of election monitoring within...
Toward Facilitating a Voice for Politically Marginalized Minorities and Enhancing Presidential Public Accountability and Transparency in Foreign Health Policymaking
Oct. 16, 2012—Residents of underdeveloped countries who belong to ethnic, racial, sexual, and political minorities usually endure relatively ineffective political voices. More than any other world population segment, these marginalized people are vulnerable to, and suffer from, compromised health and life expectancies. Their immense human tolls have spawned severe global humanitarian, economic, social, political, and security dilemmas...
Are We There Yet?: Measuring Success of Constitutional Reform
Oct. 16, 2012—Like many other countries in the world, the United Kingdom has been modernizing its constitutional arrangements. But unlike all other countries, there is no codified, written constitution. Since 1997, that unwritten constitution has undergone a radical overhaul. Taken together, the changes to systems and institutions represent the most sustained program of reform in the United...
How Should a Court Deal with a Primary Question That the Legislature Seeks to Avoid? The Israeli Controversy over Who is a Jew as an Illustration
Oct. 16, 2012—Legislative avoidance of principled decisions on substantive questions by transferring the decision-making task to the executive branch, is a frequent scenario. The legislature does this by way of either express or hidden delegation, i.e., by using ambiguous wording that on its face only requires interpretation but which in fact requires a substantive decision on the...
