A key question in comparative law is why different legal systems provide different legal solutions for the same problem. To answer this question, we use novel comparative evidence on how the conflict between the dispossessed original owner and the bona fide purchaser of a stolen good is resolved in different countries. This is the most primitive manifestation of a fundamental legal choice: the balance between the protection of the owner’s property rights and the enhancement of the buyer’s reliance on contracts. (...) We test four prominent theories: functional equivalence, legal origins, political economics and cultural economics. We find that a culture of self-reliance is the key determinant of comparative variation in this area of law. (shrink)

On April 1, 2001, I joined the world of Health Information Technology. I started a solo gynecology practice with no income and only expenses. I hired a medical assistant to be my front desk person and my clinical helper. I rented a smaller space than most physicians could use for this purpose because my plan was to use technology to avoid both chart storage as well as the people needed to maintain a medical record library.I hired a hospital employee to (...) put together my “network.” He helped me install my software and set up an automatic backup system. I purchased a single robust desktop computer and brought in an older computer from home for the front desk. I bought a scanner and an inexpensive laser printer. The hardware including a router for my “network” of two computers cost me about $6000. The software, a combined practice management system with an associated EMR requiring only single entry of patient demographics, cost me about $7000. (shrink)

Increasing empirical research on productivity supports the use of statistical or ‘rational’ discrimination in hiring. The practice is legal for features of job applicants not covered by human rights discrimination laws, such as being a smoker, residing in a particular neighbourhood or being a particular height. The practice appears largely morally innocuous under existing philosophical accounts of wrongful discrimination. This paper argues that lawful statistical discrimination treats job applicants in a way that may be considered degrading, and is likely to (...) constrain people’s freedoms in relation to employment, thus giving us reason for moral concern. (shrink)

Since the passage of Title VII of the Civil Rights Act of 1964 and more recent Federal legislation, managers, regulators, and attorneys have been busy in sorting out the legal meaning of fairness in employment. While ethical managers must follow the law in their hiring practices, they cannot be satisfied with legal compliance. In this article, we first briefly summarize what the law requires in terms of fair hiring practices. We subsequently rely on multiple perspectives to explore the ethical meaning (...) of fairness in hiring. Ethical fairness underlies the law and regulations in this area, but goes beyond them as well. We conclude by demonstrating that ethical hiring practices enable managers to make better hiring decisions. (shrink)

Over the years, companies have adopted hiring algorithms because they promise wider job candidate pools, lower recruitment costs and less human bias. Despite these promises, they also bring perils. Using them can inflict unintentional harms on individual human rights. These include the five human rights to work, equality and nondiscrimination, privacy, free expression and free association. Despite the human rights harms of hiring algorithms, the AI ethics literature has predominantly focused on abstract ethical principles. This is problematic for two reasons. (...) First, AI principles have been criticized for being vague and not actionable. Second, the use of vague ethical principles to discuss algorithmic risks does not provide any accountability. This lack of accountability creates an algorithmic accountability gap. Closing this gap is crucial because, without accountability, the use of hiring algorithms can lead to discrimination and unequal access to employment opportunities. This paper makes two contributions to the AI ethics literature. First, it frames the ethical risks of hiring algorithms using international human rights law as a universal standard for determining algorithmic accountability. Second, it evaluates four types of algorithmic impact assessments in terms of how effectively they address the five human rights of job applicants implicated in hiring algorithms. It determines which of the assessments can help companies audit their hiring algorithms and close the algorithmic accountability gap. (shrink)

As a fiqh (Islamic jurisprudence) term, the concept of “ignorance” ex-presses uncertainties in legal transactions and, in Islamic law, is accepted as a situation that negatively impacts the legitimacy of contracts. If the sale is deferred, clarification of the delivery time of the price to be paid for the goods sold, the number of installments, etc. during the contract is considered essential for the validity of the transactions in order not to damage the principle of mutual consent in purchase (...) and sale transactions and to avoid conflicts between the parties. However, not every uncertainty is considered an obstacle to the validity of the contract, and minor uncertainties that do not lead to disputes are tolerated. The fiqh sources of four Islamic sects contain many examples of these uncertainties. This study firstly examines the effect of ignorance on the validity of purchasing contracts in Islamic law using the issues in classical fiqh sources and then analyses the housing sales contract of TOKI’s (housing development administration of Turkey) “my first house social housing project” in this context from a fiqh perspective. In addition, the study addresses the related housing sales contract in terms of the juristic preference method by considering the aspect of meeting an important need of society and realizing the purpose of this project. Then, while evaluating the issue from a juris-prudential point of view, the study discusses that the absolute and strict interpretation of the rule of “ignorance renders the contract void,” which is adopted by ignoring the public interest, does not produce favorable results. (shrink)

This paper analyzes the legal issues associated with the leading and much-debated proposals that aim to revitalize state regulatory competition and allow individuals to purchase insurance across state lines. These proposals seek to reverse decades-old principles of state preeminence in the regulation of individual health insurance and instead create “jurisdictional competition” in the individual market by allowing an insurer to choose the state under whose law it wishes to be regulated, subject to certain consumer protections. Advocates say this type (...) of jurisdictional competition would reform perceived problems in the individual market and lower the costs of individual health insurance by imposing the regulatory authority of only the insurer’s selected “home” state. (shrink)

The most qualified applicant is the one who has the propensity to maximally satisfy the employer’s preferences. An applicant’s propensity is a function of her willingness to work hard together with the relevant capacity or potentiality to do the tasks constituting a job. Given this account of the most qualified applicant, there is only a weak duty, if any, to hire persons based on their being the most qualified. Such a duty is not justified by reference to rights, desert, (...) fairness, or the maximization of welfare. However, such a duty may come about via promises made by the employer or the employee who does the hiring. These results suggest that anti-discrimination laws cannot be justified based on merit, although other justifications might still be available. (shrink)

Proposals to allow the purchase of insurance across state lines have gained some support in recent years. Health insurers have traditionally been allowed to sell a policy only within the state that approved and regulates that particular policy. PASL would allow insurers to sell a policy approved in one state to people residing in any state. Any federal legislation to enact PASL in an individual insurance market would have to address two main legal considerations: the McCarran-Ferguson Act, which allows (...) the states to retain their regulatory authority over insurance; and a constitutional prohibition against the commandeering of state officials by the federal government. This paper outlines these obstacles and potential solutions, and concludes that as long as the legislation is thoughtfully drafted, there is no significant legal or constitutional barrier to enacting PASL. Additionally, the concepts discussed here may be relevant to any federal health reform legislation involving regulation of health insurance or the use of state officials. (shrink)

A survey of purchasing professionals in the Arizona state government was conducted to determine how familiar the buyers were with the Arizona laws regarding ethical conduct, what ethical standards they followed in purchasing, and what types of ethical dilemmas they faced in their work. The findings indicate that no serious ethical problems exist among the respondents. Employees in the centralized purchasing office seemed to act somewhat more ethically than buyers in peripheral offices, however.

In the extensive cast of characters named in Isaeus' On the Estate of Hagnias are two brothers, Chaereleos and Macartatus. The speaker, their brother-in-law, is anxious to impress upon the members of the court that neither was a rich man. ‘You are all my witnesses,’ he asserts, ‘that…they were not in the class of those who perform liturgies but rather of those who possess a modest estate.’ Chaereleos on his death left land worth no more than 3000 drachmas. Macartatus left (...) nothing at all. ‘For you know,’ the speaker reminds his audience, ‘that he sold his land, bought a trireme, manned it, and sailed off to Crete, because it was by no means a covert act—indeed, it furnished a topic for discussion in the Assembly, namely that he might cause a state of war instead of peace between us and the Spartans.…It turned out…that he died along with this property of his that he sailed off with. For he lost everything, both the trireme and his life, in the war’. (shrink)

Certification of banana plantations is widely used as a device for protecting and improving socio-economic conditions of wageworkers, including their incomes, working conditions and—increasingly—voice [related to labour relations and workplace representation]. However, to date, evidence about the effectiveness of certification in these domains is scarce. We collected detailed field data on economic benefits for improving household income, social benefits for labour practices, and the voice of wageworkers focusing on identity and identification issues amongst wageworkers at Fairtrade certified banana plantations and (...) comparable, non-certified plantations in the Dominican Republic. We used different types of regression models to identify significant relationships. Econometrical analysis of survey results complemented by field observations and outcomes from in-depth stakeholder interviews indicate that the impact of Fairtrade certification on wageworkers’ economic benefits is rather limited. However, the impact on the voice of wageworkers, is more evident. On Fairtrade certified plantations workers are more satisfied with the course of life and better represented. Thus while the additional value of Fairtrade certification on primary wages seems limited, Fairtrade has relevant positive effects on the labour force, particularly by delivering in-kind benefits, offering a sense of job-security, improving voice and enabling private savings. Benefits of certification, but also other interventions with a similar purpose, might therefore not be discerned in terms of economic benefits such as wages or basic labour conditions that are under direct control of national law, but they should be identified in terms of social benefits and improved norms of conduct for wageworker engagement. (shrink)

One reason to posit governing laws is to explain the uniformity of nature. Explanatory power can be purchased by accepting new primitives, and scientists invoke laws in their explanations without providing any supporting metaphysics. For these reasons, one might suspect that we can treat laws as wholly unanalyzable primitives. (John Carroll’s *Laws of Nature* (1994) and Tim Maudlin’s *The Metaphysics Within Physics* (2007) offer recent defenses of primitivism about laws.) Whatever defects primitive laws might have, explanatory weakness should not be (...) one of them. However, in this essay I’ll argue that wholly primitive laws cannot explain the uniformity of nature. The basic argument is based on the following idea: though a primitive law that P makes P likely, the primitive status of the law provides no reason to think that P must describe (or otherwise give rise to) a natural regularity. After identifying the problem for primitive laws, I consider an extension of the objection to all theories of governing laws and suggest that it may be avoided by a version of the Dretske/Tooley/Armstrong theory according to which laws are relations between universals. (shrink)

This article argues that state government actors concerned about gun violence prevention should prioritize enactment of robust firearm purchaser regimes at the state level. First, the article outlines the empirical evidence base for purchaser licensing. Then, the article describes how state governments can design this policy. Next, the article assesses the likelihood that purchaser licensing legislation will continue to be upheld by federal courts. Finally, the article addresses the implications of this policy, aimed at curbing gun deaths, for equally important (...) racial justice priorities. Taken together, these various considerations indicate that purchaser licensing policies are among the most effective firearm-focused laws state governments can enact to reduce gun deaths within the existing federal legislative and legal frameworks. (shrink)

In the extensive cast of characters named in Isaeus' On the Estate of Hagnias are two brothers, Chaereleos and Macartatus. The speaker, their brother-in-law, is anxious to impress upon the members of the court that neither was a rich man. ‘You are all my witnesses,’ he asserts, ‘that…they were not in the class of those who perform liturgies but rather of those who possess a modest estate.’ Chaereleos on his death left land worth no more than 3000 drachmas. Macartatus left (...) nothing at all. ‘For you know,’ the speaker reminds his audience, ‘that he sold his land, bought a trireme, manned it, and sailed off to Crete, because it was by no means a covert act—indeed, it furnished a topic for discussion in the Assembly, namely that he might cause a state of war instead of peace between us and the Spartans.…It turned out…that he died along with this property of his that he sailed off with. For he lost everything, both the trireme and his life, in the war’. (shrink)

In this article, the authors present several topics related to the nascent development of a merit-based hiring system in North Macedonia. This paper employs a normative approach. We advocate for a merit-based hiring system, similar to the American model. First, we explore the pressure exerted by the European Commission to adopt a merit-based system at all levels of government as a condition for entry into the European Union. Second, we delve into the patronage system in North Macedonia. Third, we provide (...) a short history of patronage in the United States and the difficulty that nation had in curbing its entrenched patronage system. Fourth, we discuss the advantages of a merit-based hiring system, namely the creation of good governance, the improvement of employee morale, the development of more public confidence in government, the reduction of the influence of ethnic politics and the furtherance of the rule of law. Finally, we present an example drawn from the American federal government about the basic procedures of a merit-based hiring process. (shrink)

It is commonly held that “ought implies can.” If so, what constraints does that place on the law? Having provided an argument which allows the maxim to be used by lawyers, I consider the application of that argument to both primary and remedial legal duties. This, it turns out, gives us some reason to reconsider whether the maxim is sound. Further, even if the maxim is sound, it has less purchase on remedial duties than is commonly supposed.

The Law of Set-off has established itself as a leading authority on its subject. This is a developing area of law and the fourth edition brings the book fully up to date with the latest case law since the third edition was published in 2003. Including coverage of Commonwealth decisions, this is the most thorough work on Set-Off for legal practitioners. New coverage includes analysis of Secretary of State for Trade and Industry v Frid in relation to insolvency set-off, Re (...) SSSL Realisations Ltd in relation to the rule in Cherry v Boultbee, Muscat v Smith in relation to equitable set-off, and in Australia, International Air Transport Association v Ansett Australia Holdings Ltd in relation to the "British Eagle" principle. The book provides an authoritative commentary on the principles governing the law of set-off and is an essential purchase for banking, finance, and insolvency lawyers world-wide. (shrink)

Roscoe Pound, former dean of Harvard Law School, delivered a series of lectures at the University of Calcutta in 1948. In these lectures, he criticized virtually every modern mode of interpreting the law because he believed the administration of justice had lost its grounding and recourse to enduring ideals. Now published in the U.S. for the first time, Pound's lectures are collected in Liberty Fund's The Ideal Element in Law, Pound's most important contribution to the relationship between law and liberty. (...) The Ideal Element in Law was a radical book for its time and is just as meaningful today as when Pound's lectures were first delivered. Pound's view of the welfare state as a means of expanding government power over the individual speaks to the front-page issues of the new millennium as clearly as it did to America in the mid-twentieth century. Pound argues that the theme of justice grounded in enduring ideals is critical for America. He views American courts as relying on sociological theories, political ends, or other objectives, and in so doing, divorcing the practice of law from the rule of law and the rule of law from the enduring ideal of law itself. Roscoe Pound is universally recognized as one of the most important legal minds of the early twentieth century. Considered by many to be the dean of American jurisprudence, Pound was a former Justice of the Supreme Court of Nebraska and served as dean of Harvard Law School from 1916 to 1936. Please note: This title is available as an ebook for purchase on Amazon, Barnes and Noble, and iTunes. (shrink)

BackgroundPrivate umbilical cord blood banking is a for-profit industry in which parents pay to store blood for potential future use. Governments have noted the tendency for private banks to oversell the potential for cord blood use, especially in relation to speculative cell therapies not yet supported by clinical evidence. We assessed the regulatory landscape governing private cord bank marketing in Canada.Main bodyBecause the problematic marketing of private cord blood banking for future use often relates to speculative future cell therapies that (...) do not exist and are not being advertised for current clinical use, most private blood bank marketing seems to fall outside Health Canada’s regulatory scope. However, this problematic marketing is regulated by the Competition Bureau pursuant to the Competition Act. While representations relating to future hypothetical treatments may not always be subject to the legal requirement for claim substantiation, the law also prohibits individuals and companies from knowingly or recklessly making representations that are “false or misleading in a material respect.” A representation is materially false or misleading when it could “influence a consumer’s behavior or purchasing decisions,” and consumers are likely to be considered to be “credulous and inexperienced” for the purposes of assessing an advertisement’s general impression. Because all of the potential benefit of the banking is derived from the potential future use of the biological material for health interventions directed toward the customers and their relatives, and because we know the best available medical evidence indicates a very low probability of utility in this context, we can say with confidence that some private cord blood banking claims are materially misleading. Moreover, to the extent that medical professionals are involved in private bank interactions with customers or hold ownership stakes in private banks, they are subject to professional codes, standards of practice, and potentially fiduciary obligations that further prohibit misleading marketing.ConclusionsPrivate cord blood bank marketing that advertises hypothetical future treatments can be misleading and may influence consumer behaviour. This marketing may breach existing advertising law. Regulatory bodies should enforce the law in order to help prevent public health and personal financial harm. (shrink)

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Many proposals to reform health care finance and delivery require individuals or private employers to pay for private health insurance. Senators Ron Wyden and Robert Bennett’s Healthy Americans Act, for instance, would require every adult person who is not covered by a public program to purchase health insurance. Similarly, President Obama’s campaign proposal requires that parents arrange for coverage of their minor children and that all but small employers pay a tax if they do not provide their workers health (...) insurance.This paper addresses the constitutionality of such proposals. Compulsory health insurance might raise constitutional concerns because there is no existing social legislation that serves as a perfect legal analogy to an individual mandate for private health insurance. Insurance mandates are familiar in other contexts, such as automobile liability, but they present an easier case for constitutionality because they are a condition of exercising a privilege, such as driving a car. (shrink)

Health insurance mandates have been a component of many recent health care reform proposals. Because a federal requirement that individuals transfer money to a private party is unprecedented, a number of legal issues must be examined. This paper analyzes whether Congress can legislate a health insurance mandate and the potential legal challenges that might arise, given such a mandate. The analysis of legal challenges to health insurance mandates applies to federal individual mandates, but can also apply to a federal mandate (...) requiring employers to purchase health insurance for their employees. There are no constitutional barriers for Congress to legislate a health insurance mandate as long as the mandate is properly designed and executed, as discussed below. This paper also considers the likelihood of any change in the current judicial approach to these legal questions. (shrink)

In Canada, the Assisted Human Reproduction Act received royal assent on 29 March 2004. The approach proposed by the federal government responds to Canadians’ strong desire for an enforceable legislative framework in the field of reproduction technologies through criminal law. As a result of the widening gap between the rapid pace of technological change and governing legislation, a distinct need was perceived to create a regulatory framework to guide decisions regarding reproductive technologies.In this article the three main topics covered in (...) the new legislation are commented on: cloning, germline therapy, and purchase of gametes and embryos. Some important issues also covered in the new legislation, such as privacy and access to information, data protection, identity of donors, and inspection, will not be addressed. (shrink)

The UK has been slack in fulfilling its international obligations regarding human trafficking. The UK Modern Slavery Act 2015 has apparently nothing to say about the demand for women trafficked into prostitution, although it addresses the demand for other forms of trfficking though the supply chain provisins in the Act. The UK has disappointed many in condoning prostitution, as Lady Butler-Sloss describes as 'one of the longest standing industries'. However it is one of the longest-standing forms of exploitation. The Act (...) instead, has given much importance to modern -day slavery. An effective way of tackling demand for prostitution and the attendant exploitation would be to make it an offence to purchase someone for sex. Yet perhaps the point is that to curb modern-day slavery is to curb prostitution and pornography, through curbing the supply side. However the UK hasragged its feet over many years, especially when one considers that Internet pornography brings in over £4 billion annually to the UK Gross Domestic Product. (shrink)

Purpose This paper aims to examine whether there are morally defensible reasons for using or operating websites that offer distributed denial-of-service attacks on a specified target to users for a price. Booters have been linked to some of the most powerful DDoS attacks in recent years. Design/methodology/approach The authors identify the various parties associated with booter websites and the means through which booters operate. Then, the authors present and evaluate the two arguments that they claim may be used to justify (...) operating and using booters: that they are a useful tool for testing the ability of networks and servers to handle heavy traffic, and that they may be used to perform DDoS attacks as a form of civil disobedience on the internet. Findings The authors argue that the characteristics of existing booters disqualify them from being morally justified as network stress testing tools or as a means of performing civil disobedience. The use of botnets that include systems without the permission of their owners undermines the legitimacy of both justifications. While a booter that does not use any third-party systems without permission might in principle be justified under certain conditions, the authors argue that it is unlikely that any existing booters meet these requirements. Practical/implications Law enforcement agencies may use the arguments presented here to justify shutting down the operation of booters, and so reduce the number of DDoS attacks on the internet. Originality/value The value of this work is in critically examining the potential justifications for using and operating booter websites and in further exploring the ethical aspects of using DDoS attacks as a form of civil disobedience. (shrink)

In July of 2005, Indianapolis witnessed streaming headlines in the local newspaper attempting to distill the confusion surrounding the adoption of two premature infants by an adoptive parent. Thirteen articles and opinion pieces introduced the public to a murky legal and ethical transaction. Stating his overwhelming desire to have children, a New Jersey schoolteacher hired the services of a local attorney. The attorney procured a South Carolina woman for a compensated gestational surrogacy contract. Under the contract, the surrogate and the (...) attorney would meet in Indiana to complete the execution of the contract and transfer parental rights via adoption after the birth of the twins. (shrink)

This book contains the Rockwell Lectures delivered at Rice University in February, 1989. What should a business firm do when its activities are within the law, yet potentially harmful? Each of the lectures is built around a case, reflecting the ethical dilemma faced by business managers when doing more than the law requires, which may mean substantial loss of profit. With the issue of dial-a-porn, telephone companies were faced with conflicting interests of protecting children against harm, preserving free speech, and (...) profit. In a property sales case, a potential flooding problem could result in substantial financial loss to the purchaser and damage to condominiums. In a case where the complete bid of a competitor had been obtained and the law was murky, winning a contract was pitted against fairness and honesty. (shrink)

Diabetes is a chronic and systemic disease that has reached epidemic proportions. An estimated 17 million Americans have diabetes, and an additional 16 million individuals are considered to have pre-diabetes. Studies have shown that timely screening and referral are necessary to maintain healthy blood glucose levels and slow the progression of diabetes-related complications. Furthermore, lifestyle changes can prevent or delay the onset of Type 2 diabetes for high-risk individuals.The Division of Diabetes Translation at the Centers for Disease Control and Prevention (...) undertook an analysis of diabetes-related legislation across the nation. More specifically, state laws, rules and regulations mandating health insurance coverage for diabetes-related supplies and services were examined according to Sample Purchasing Specifications for Services Related to Diabetes—an evidence-based model of standards of care for persons with diabetes. (shrink)

Diabetes is a chronic and systemic disease that has reached epidemic proportions. An estimated 17 million Americans have diabetes, and an additional 16 million individuals are considered to have pre-diabetes. Studies have shown that timely screening and referral are necessary to maintain healthy blood glucose levels and slow the progression of diabetes-related complications. Furthermore, lifestyle changes can prevent or delay the onset of Type 2 diabetes for high-risk individuals.The Division of Diabetes Translation at the Centers for Disease Control and Prevention (...) undertook an analysis of diabetes-related legislation across the nation. More specifically, state laws, rules and regulations mandating health insurance coverage for diabetes-related supplies and services were examined according to Sample Purchasing Specifications for Services Related to Diabetes—an evidence-based model of standards of care for persons with diabetes. (shrink)

The problem suggested by this passage cannot be properly appreciated unless it is shown first of all that the treatment of poetry and art in the Laws fundamentally agrees with, though of course in some respects it provides a welcome supplement to, the attitude set forth in the Republic and elsewhere by Plato. The demand that music and poetry should ‘imitate’ the good; and that this ‘imitation’ should have meaning and accuracy, and be free from mere emotionalism directly recalls the (...) doctrine of the Republic and other dialogues on the two kinds of imitation, which I have explained in the Classical Quarterly XXII p. 16, XXVI p. 161; the reason for the demand is the same—the imitation of evil has the same effect on character as the companionship of evil men. As for the effect of this ruling on comedy, the Republic is perhaps not over-clear. But the Laws explains that the comic art is to some extent valuable; its pictures of the ludicrous serve as a warning, and also help to make goodness more intelligible by setting it in relief; hence comedy may be performed for the edification of citizens by slaves or hired aliens under certain restrictions such as that a piece shall not have too long a run and that no ridicule of free men is to be permitted . On tragedy the two dialogues are in full agreement; it must become once more a hymn , using for a good purpose those forms of dramatic representation which are allowed to the poet in Rep. 396, and avoiding the mournful and complaining language of profane tragedy, which merely harrows the feelings and which cannot be used without blasphemy at a festival of the gods. (shrink)

Although the details of the Clinton health care plan have yet to emerge from the continuing policy debate over the shape and size of the administration’s reform measures, one thing has become increasingly clear. Several recent developments in antitrust law will have important implications for what the plan will permit and how it will work.By all accounts, the broad outline of the administration’s plan revolves around the development of large and powerful consumer groups who, with the help of sophisticated, government-established (...) intermediaries, will presumably purchase health care wisely and well. This alliance of massed consumer purchasing and government information-gathering will, it is hoped, produce a health care market more in competitive balance than the current version, which is widely regarded as dominated by powerful providers who dictate terms to small, uninformed buying groups. (shrink)

Although the details of the Clinton health care plan have yet to emerge from the continuing policy debate over the shape and size of the administration’s reform measures, one thing has become increasingly clear. Several recent developments in antitrust law will have important implications for what the plan will permit and how it will work.By all accounts, the broad outline of the administration’s plan revolves around the development of large and powerful consumer groups who, with the help of sophisticated, government-established (...) intermediaries, will presumably purchase health care wisely and well. This alliance of massed consumer purchasing and government information-gathering will, it is hoped, produce a health care market more in competitive balance than the current version, which is widely regarded as dominated by powerful providers who dictate terms to small, uninformed buying groups. (shrink)

This article begins with four situations, the first three of which are common to many businesspeople and persons in the United States today and the fourth, unfortunately, is growing: Setting the minimum level at which workers are paid; going bankrupt to avoid paying for credit card purchases, claiming a questionable deduction in calculating one's federal income tax liability, and violating the law in every state by a major U.S. corporation.These cases support the idea that positive law is the operative ethic (...) for persons in a commercial setting. Reasons advanced for this phenomenon are ethical ambiguity, lack of personal responsibility, increasing technicality of contemporary society, and the fact that the law is now seen as the most that is expected of businesspersons. In arriving at the paper's conclusions, positive law theory is discussed. Data are presented to explain why these illustrations are not mere anecdotal examples but represent broad contemporary occurrences in the U.S. (shrink)

The use of private military force by states has been a long-standing phenomena in the history of warfare. Armies of mercenaries, privateering and recruitment of foreign nationals into armed forces have been common during the Middle Ages and later on. However, with the invention of effective firearms and artillery, standing regular armies, conscription and other developments that resulted in the essential rise of costs of war, the role of private military entrepreneurs diminished. By the end of XIXth century the state (...) became almost the only subject that was able to wage a full-scale war. Nevertheless, already in the middle of the XXth century mercenarism has been reborn in Africa’s colonial and post-colonial wars. The end of the XXth century and the beginning of the XXI century witnesses an enormous rise of private security and military companies (PSMC) that are hired to perform different functions related to use of force not only by states, but also by other clients such as international organisations, transnational corporations, etc. A PSMC may be defined as a profit-seeking private enterprise, which is established according to the national law of the state and which is providing, on the basis of a contract, services directly or indirectly connected with the use of military force or its institutions whether in time of armed conflict or peace, notwithstanding how such company describes itself. International humanitarian law has no specific regulation of PSMC. Nevertheless, it would be erroneous to state that the activity of PSMC is not regulated, because international humanitarian law in any case, in one or another way, is applicable to the personnel of PSMC if it is engaged in armed conflict of either international or non-international character. (shrink)

In 2012, a law against hiring models with a BMI below 18.5 was passed in Israel. In addition, every photoshopped advertisement must have a visible subtitle that indicates that the picture was photoshopped. Dr. Rachel Adatto, the initiator of the law, states that the law is “a beginning of a revolution against the anorectic beauty model ideal,” and that its aim is to prevent eating disorders that may lead to death in the aspiration to lose weight, especially among the general (...) population of teenagers and young adults who are exposed to the thin role models in the media. Adi Barkan, a photographer and models’ agent, who was also involved in promoting the legislation, viewed it from a different angle.... (shrink)

Calls to decolonise the curriculum gain traction across the academe. To a great extent, the movement echoes demands of the decolonisation era itself, a period from which academics draw both impetus and legitimacy. In this article, we examine the movement’s purchase when applied to the teaching of international law. We argue that the movement reinvigorates debates about the origins of international law, centring its violent foundations as well as its Eurocentric episteme. Yet, like many critical approaches toward international law, (...) the movement is smitten with itself and with the regime. As a consequence, the outcome of its activism and critique is predetermined: both must redeem the Eurocentrism of international law and its associated pedagogy. Calls to decolonise the curriculum ultimately validate the epistemological limitations inherent to a stratified, international order, failing to offer a genuine alternative framework or epistemology. (shrink)

On August 29, 2006, the United States Court of Appeals for the District of Columbia Circuit held that an injured ERISA plan beneficiary need not be “made whole” by any injury-related recovery from a third party in order for her ERISA plan to assert subrogation or reimbursement rights if the plan's terms either 1) “unambiguously establish a plan priority” to any funds a beneficiary recovers from a third party, or 2) are reasonably interpreted to establish such a priority by an (...) ERISA plan fiduciary clearly authorized to do so.In 1991, appellants William and Judith Moore purchased an ERISA health insurance policy from Blue Cross Blue Shield of the National Capital Area and its wholly-owned subsidiary CapitalCare. On September 10, 1992, the Moores’ daughter Alistaire, a plan beneficiary, was seriously injured in an automobile accident. (shrink)

Classified advertising occupies a prominent place in the history and current economics of the print media in America, including magazines. There are dozens of classifications, most of which are as innocuous as the language that constitutes the individual advertisements. The personals classification, however, is not always so innocuous. Gun-for-hire classified advertisements in one magazine were so blatant that several serious crimes, including murder, were committed as a result of the advertisements. Generally, courts find no liability for disseminators of advertising (...) that causes harm. But the application of the ethical theory of basic mixed rule deontology would mandate that publications should not publish such classified advertising notwithstanding that it is likely legal to do so. (shrink)

When comparing 100 years ago and today, we always mention the social, economic and political changes that have influenced the emergence and development of the opportunities that we have today, with special emphasis on technological changes. Technology has evolved so fast that it seems that in the blink of an eye something new has just hit the market. Whether we like it or not, technology has become part of us, part of our lives, where we upon spend a great deal (...) of the day with at least one of our technological devices with which we perform many tasks.Nowadays there are limitless possibilities of gathering information, business, shop, and almost anything through the internet.Although it is a very easy to make payments online, it can be quite risky, because not every website offers the security and convenience for purchasing the product we want and we may have doubts whether the money we have paid has gone to the right place and for the specific service, which we have paid for. The Internet has many positive as well as negative aspects, since it also carries great danger because it is much easier to hind behind a false identity and commit illegal acts.Cybercrime presents a new challenge to legal systems, considering that the more individuals use computer, and the Internet, the more the interest of hackers and perpetrators to commit these types of crimes increases. (shrink)

In his State of the Union address on January 31, 2006, President George W. Bush asserted: “for all Americans, we must confront the rising cost of care, strengthen the doctor-patient relationship, and help people afford the insurance coverage they need.” Soon thereafter, the White House National Economic Council released a summary of President Bush's plans for health care reform. The Bush plan argues that increased consumer control over health care purchasing decisions will go a long way to solving America's health (...) care woes. By making patients more value-conscious consumers, the Bush Administration hopes to reduce costs, improve quality and increase competition within the health care sector.The problem of rising health care costs is not new. In fact, President Bush's statement could have come from any American President in the last fifty years. (shrink)

A serious yet unstudied consequence of the Christian-Muslim conflict in medieval Spain was the capture and enslavement of soldiers and civilians. Men, women, and children who were seized on raids, taken in battle, or pirated off ships were regarded by their captors as booty, to be used as slaves or to be sold for profit. Since warfare in twelfth-century Spain pitted Christians against Muslims, the usual prohibitions against enslavement of coreligionists clearly did not apply. For Muslims and Christians alike, capture (...) meant a life of slavery. Christian chronicles of this era are replete with stories of captives taken off to be sold in the slave markets of al-Andalus in southern Spain or, even worse, in those of North Africa. Some of these slaves, however, were able to regain their freedom through redemption — that is, to purchase their liberty by paying a ransom. Since the ransom price frequently exceeded what could be gained in the slave auctions, redemption became an attractive option to both captor and captive. (shrink)

Over the last three decades, the art market has undergone a remarkable transformation. Before the 1990s, artworks were sold with hardly any concern about whether they had been stolen or looted, whereas now any reputable gallery or auction house checks the “provenance” of any substantial work before sale. This transformation reflects interlocking changes in law, norms, and institutions. New York’s and more broadly the United States’ assertion of jurisdiction and application of U.S. substantive law has destabilized title to stolen and (...) looted goods worldwide because American statutes of limitations generally provide weaker protection for those who possess stolen or looted goods even in good faith. Application of American law has had a profound effect, especially for the high end of the market, because European or Asian investors who purchase art outside of the U.S. may eventually want to sell or display their works in the U.S. Defective title under American law thus affects prices worldwide. The tightening and broader application of American law reflects both longstanding legal principles and changes in social norms towards the redress of historical wrongs, most notably prominent campaigns relating to art confiscated or sold under duress in Nazi Germany. New institutions, most importantly searchable databases recording stolen and looted art such as the Art Loss Register, are also changing perceptions about minimum standards for good faith purchase, which in turn affects both social norms and court cases. These new norms, induced by both legal changes and better information, have influenced the market even for less valuable art, for which sale or display in the U.S. is not a relevant consideration and for which the threat of costly legal action is not credible. The fact that social and institutionalized norms play an important role in protecting original owners is probably good, because norms and institutions can be effective even where law is not and often do so at lower cost. (shrink)

It is undeniable that health care costs have been increasing at an alarming rate. During the ten-year period between 1983 and 1993, the medical care component of the Consumer Price Index rose at an average annual rate of 10 percent while the overall CPI increased by only 4.5 percent per year. These dramatic increases have obvious societal implications. For those without health insurance, a serious illness may mean personal bankruptcy. For those with health insurance coverage, premiums are rising while coverage (...) is shrinking. Employers are struggling to continue providing health insurance to their employees. Irrespective of whose fault it really is, much of the blame has been directed at health care providers.Faced with mounting criticism regarding the costs of delivering health care, the industry struck back. It claimed that collaboration—not competition—was necessary to reduce health care costs and improve efficiency, but that antitrust uncertainty deterred such collaborative efforts. (shrink)