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

Bloods Reviewed

A review of Bloods: An Oral History of the Vietnam War by Black Veterans, by Wallace Terry (1984)

Can Reverse Engineering of Software Ever Be Fair Use? Application of \u3ci\u3eCambell\u3c/i\u3e\u27s Transformative Use Concept

Several years after Atari v. Nintendo and Sega v. Accolade, debate and confusion remain within the U.S. software industry and legal community concerning the appropriate application of copyright\u27s fair use doctrine to reverse engineering of software. This Comment discusses why and how the U.S. Supreme Court\u27s recent fair use analysis in Campbell v. Acuff-Rose Music should be applied to help resolve the reverse engineering issue. Not only would application of Campbell\u27s approach promote consistency among courts and confidence within the software industry, but it also would safeguard copyright\u27s ultimate objective: the advancement of society\u27s growth in science and art

W49A North - Global or Local or No Collapse?

We attempt to fit observations with 5" resolution of the J=2-1 transition of CS in the directions of H II regions A, B, and G of W49A North as well as observations with 20" resolution of the J=2-1, 3-2, 5-4, and 7-6 transitions in the directions of H II regions A and G by using radiative transfer calculations. These calculations predict the intensity profiles resulting from several spherical clouds along the line of sight. We consider three models: global collapse of a very large (5 pc radius) cloud, localized collapse from smaller (1 pc) clouds around individual H II regions, and multiple, static clouds. For all three models we can find combinations of parameters that reproduce the CS profiles reasonably well provided that the component clouds have a core-envelope structure with a temperature gradient. Cores with high temperature and high molecular hydrogen density are needed to match the higher transitions (e.g. J=7-6) observed towards A and G. The lower temperature, low density gas needed to create the inverse P-Cygni profile seen in the CS J=2-1 line (with 5" beam) towards H II region G arises from different components in the 3 models. The infalling envelope of cloud G plus cloud B creates the absorption in global collapse, cloud B is responsible in local collapse, and a separate cloud, G', is needed in the case of many static clouds. The exact nature of the velocity field in the envelopes for the case of local collapse is not important as long as it is in the range of 1 to 5 km/s for a turbulent velocity of about 6 km/s. High resolution observations of the J=1-0 and 5-4 transitions of CS and C34S may distinguish between these three models. Modeling existing observations of HCO+ and C18O does not allow one to distinguish between the three models but does indicate the existence of a bipolar outflow.Comment: 42 pages, 27 figures, accepted for publication in the ApJS August 2004, v153 issu

Invariant manifolds and the geometry of front propagation in fluid flows

Recent theoretical and experimental work has demonstrated the existence of one-sided, invariant barriers to the propagation of reaction-diffusion fronts in quasi-two-dimensional periodically-driven fluid flows. These barriers were called burning invariant manifolds (BIMs). We provide a detailed theoretical analysis of BIMs, providing criteria for their existence, a classification of their stability, a formalization of their barrier property, and mechanisms by which the barriers can be circumvented. This analysis assumes the sharp front limit and negligible feedback of the front on the fluid velocity. A low-dimensional dynamical systems analysis provides the core of our results.Comment: 14 pages, 11 figures. To appear in Chaos Focus Issue: Chemo-Hydrodynamic Patterns and Instabilities (2012