Trends in the Social [Ir]responsibility of American Multinational Corporations: Increased Power, Diminished Accountability

The purpose of this invited essay is to assess the future of the CSR performance of American multinationals in light of several ongoing trends. These trends include companies’ voluntary CSR programs and the global self-regulatory standards for responsible company activities that are developing in almost every industry. Moreover, the decade-long project at the United Nations to identify multinational companies’ responsibilities with respect to international human rights, ultimately spearheaded by Special Representative John Ruggie, has for the first time established global expectations of responsible corporate activity. At the same time, however, legal developments in the United States may be trending in the opposite direction, toward increased power and diminished accountability for corporations. Two legal developments that highlight this counter-trend will frame this discussion. The first, the Supreme Court’s decision in Citizens United v. Federal Election Commission, 558 U.S. 310 (2010) recognizes a constitutional right for corporations to give financial support to a wide range of electioneering activities, including by using corporate funds to pay for and broadcast advertisements for specific candidates for office. The effect is to allow American companies to further consolidate their already substantial political power. The second, the opinion by the U.S. Court of Appeals for the Second Circuit in Kiobel v. Royal Dutch Petroleum, 621 F.3d 111 (2d Cir. 2010), reh’g en banc denied, 642 F.3d 379 (2011), aff’d, 569 U.S. __ , 133 S. Ct.1659(Apr. 17, 2013), denied the possibility of corporate liability under the Alien Tort Statute for Royal Dutch Shell’s employees’ alleged violations of Nigerian community members’ international human rights. A 2-1 majority held instead that violations of international law could only be asserted against natural persons or nations. The Supreme Court granted certiorari and in a decision handed down on April 17, 2013, the Court unanimously affirmed the judgment of the Second Circuit. The five-Justice opinion of the Court held that the ATS cannot be used to redress violations of the law of nations that occur outside the territory of the United States, except in exceptional circumstances not found in Kiobel. Neither the majority opinion nor the concurrence addressed the corporate liability issue, which means that the Second Circuit’s ruling on that issue remains the law of the Second Circuit — an important outcome, given the significance of the Second Circuit as a venue for ATS cases. Taken together, the overall effect of the Second Circuit’s rejection of corporate liability for human rights violations and the Supreme Court’s rejection of exterritorial application of the ATS to any defendant, corporate or otherwise, is the substantial evisceration of companies’ legal accountability for international human rights violations under the ATS. On a theoretical level, these decisions send mixed messages about corporate personhood and identity. But on a practical level, the two decisions work in unfortunate concert to increase the already considerable political power of U.S. corporations at home, even as they reduce the risk of legal accountability for their actions abroad. By doing so, they shrink the shadow of the law — the threat of hard legal regulation — that has been an important incentive to the adoption of voluntary, soft-law CSR standards. Thus, these legal developments, though ostensibly unrelated to the voluntary pursuit of CSR activity, may in fact act as a disincentive to that activity

Assessing Information Bias and Food Safety

Imperfect information can lead to market failure and be an external factor impacting managers of agribusiness firms. A matrix method approach to content analysis was conducted by independent judges based upon established typologies. Food safety articles from consumer publications were examined, and information received by consumers was found to be biased.food safety, information bias, consumers, media, Food Consumption/Nutrition/Food Safety, Marketing, Q10, Q13, Q16,

Supernova Constraints and Systematic Uncertainties from the First Three Years of the Supernova Legacy Survey

We combine high-redshift Type Ia supernovae from the first three years of the Supernova Legacy Survey (SNLS) with other supernova (SN) samples, primarily at lower redshifts, to form a high-quality joint sample of 472 SNe (123 low-z, 93 SDSS, 242 SNLS, and 14 Hubble Space Telescope). SN data alone require cosmic acceleration at >99.999% confidence, including systematic effects. For the dark energy equation of state parameter (assumed constant out to at least z = 1.4) in a flat universe, we find w = –0.91^(+0.16)_(–0.20)(stat)^(+0.07)_(–0.14)(sys) from SNe only, consistent with a cosmological constant. Our fits include a correction for the recently discovered relationship between host-galaxy mass and SN absolute brightness. We pay particular attention to systematic uncertainties, characterizing them using a systematic covariance matrix that incorporates the redshift dependence of these effects, as well as the shape-luminosity and color-luminosity relationships. Unlike previous work, we include the effects of systematic terms on the empirical light-curve models. The total systematic uncertainty is dominated by calibration terms. We describe how the systematic uncertainties can be reduced with soon to be available improved nearby and intermediate-redshift samples, particularly those calibrated onto USNO/SDSS-like systems

Determination of Littlest Higgs model parameters at the ILC

We examine the effects of the extended gauge sector of the Littlest Higgs model in high energy e+e- collisions. We find that the search reach in e+e- -> f fbar at a 500 GeV center-of-mass energy International Linear Collider covers essentially the entire parameter region where the Littlest Higgs model is relevant to the gauge hierarchy problem. In addition, we show that this channel provides an accurate determination of the fundamental model parameters, to the precision of a few percent, provided that the LHC measures the mass of the heavy neutral gauge field. Additionally, we show that the couplings of the extra gauge bosons to the light Higgs can be observed from the process e+e- -> Z higgs for a significant region of the parameter space. This allows for confirmation of the structure of the cancelation of the Higgs mass quadratic divergence and would verify the little Higgs mechanism.Comment: 21 pages, 15 Postscript figure

Fixation of virgin lunar surface soil

Two systems are shown to be suitable for fixing loose particulate soils with a polymer film, without visually detectable disturbance of the soil particle spatial relationships. A two-component system is described, which uses a gas monomer condensible at the soil temperature and a gas phase catalyst acting to polymerize the monomer. A one-component system using a monomer which polymerizes spontaneously on and within the top few millimeters of the soil is also considered. The two-component system employs a simpler apparatus, but it operates over a narrower temperature range (approximately -40 to -10 C). Other two-component systems were identified which may operate at soil temperatures as high as +100 C, at relatively narrow temperature ranges of approximately 30 C. The one-component system was demonstrated to operate successfully with initial soil temperatures from -70 C or lower to +150 C

L'CO/LFIR Relations with CO Rotational Ladders of Galaxies Across the Herschel SPIRE Archive

We present a catalog of all CO (J=4-3 through J=13-12)), [CI], [NII] lines available from extragalactic spectra from the Herschel SPIRE Fourier Transform Spectrometer (FTS) archive combined with observations of the low-J CO lines from the literature and from the Arizona Radio Observatory. This work examines the relationships between LFIR, L'CO, and LCO/LCO(1-0). We also present a new method for estimating probability distribution functions (PDFs) from marginal signal-to-noise ratio Herschel} FTS spectra, which takes into account the instrumental "ringing" and the resulting highly correlated nature of the spectra. The slopes of log(LFIR) vs. log(L'CO) are linear for all mid- to high-J CO lines and slightly sublinear if restricted to (U)LIRGs. The mid- to high-J CO luminosity relative to CO J=1-0 increases with increasing LFIR, indicating higher excitement of the molecular gas, though these ratios do not exceed ~ 180. For a given bin in LFIR, the luminosities relative to CO J=1-0 remain relatively flat from J=6-5 through J=13-12, across three orders of magnitude of LFIR. A single component theoretical photon-dominated region (PDR) model cannot match these flat SLED shapes, though combinations of PDR models with mechanical heating added qualitatively match the shapes, indicating the need for further comprehensive modeling of the excitation processes of warm molecular gas in nearby galaxies.Comment: 17 pages, 4 figures (including appendix), accepted by ApJ. Full tables will be in VizieR upon publication, email first author for tables in the meantim

Transatlantic Relations: the Long Holiday from History is Over. CEPOB #6.19, September 2019

Following seven decades of global engagement, the US is returning to its natural state of retrenchment, but encumbered by an expansive global military footprint and alliance structure. The US must decide whether to maintain these outward facing structures, allow them to go fallow, or re-treat from them entirely. The United States and the European Union seek the benefits of a benevolent and stable global order which was underwritten in large part by the US, but neither of them wishes to shoulder to-day’s increasingly high costs of maintaining that order and enforcing its many rules. The EU is increasingly caught in the middle of great power competition between the US, China, and Russia, and its post-modern structures seem inadequate to the task. The EU must make choices about whether it will continue to work with the US or seek greater accommodation with outside powers. There will be strong impulses for the EU and the US to go their separate transatlantic ways as great power competition and its regional manifestations become more dynamic and old multi-lateral structures and institutions seem unable to respond. However, in an era of such power com-petition, the US and the EU need one another to mutually succeed