Current Law Journal Content
Washington & Lee Law School
Current Law Journal Content
an index to legal periodicals
American Business Law Journal
Volume 37, Issue 3, 2000
The Wrong Way to Mandalay: The Massachusetts Selective Purchasing Act and the Constitution
Lucien J. Dhooge
This article examines the provisions of the Massachusetts Selective Purchasing Act and its consistency with the U.S. Constitution. The article places special emphasis upon the recent opinions of the U.S. District Court for the District of Massachusetts and the U.S. Court of Appeals for the First Circuit regarding the constitutionality of the Act. After summarizing Burma's human rights record, the state of American-Burmese relations, and the controversy surrounding adoption of the Act, the article examines the provisions of the Act in light of federal constitutional jurisprudence. The article concludes that although the judicial opinions striking down the Act are constitutionally correct, additional guidance from the U.S. Congress and Supreme Court is necessary to adequately address the issues raised by the Act.
The 1998 OECD Convention: An Impetus for Worldwide Changes in Attitudes toward Corruption in Business Transactions
Barbara Crutchfield George, Kathleen A. Lacey, and Jutta Birmele
The Convention on Combating Bribery of Foreign Public Officials in International Business Transactions, as formulated by the Organization for Economic Cooperation and Development (OECD), provides an impetus for worldwide changes in legislation governing international business transactions. The Convention obligates signatory countries to adopt domestic legislation making bribery of foreign public officials a criminal act. Additionally, the Convention emulates the corporate accountability approach of the U.S. Foreign Corrupt Practices Act to detect corrupt payments. The Convention alone is not enough, however, to address other corrosive aspects of corruption. This article examines the strengths of the Convention, analyzes its shortcomings, and recommends that the OECD pursue a multifaceted strategy to tackle corruption. The strategy should include alliances with other multilateral organizations, international financial institutions, and civil society to develop additional initiatives for educating relevant parties and changing their attitudes about corruption, so that it will be significantly diminished.
Property Rights Legislation and the Police Power
Lynda J. Oswald
Since 1991, property rights legislation has been enacted in over one-half of the states and has been under continual debate at the federal level. This article examines the relationship between property rights legislation and the police power. It concludes that property rights legislation is over-dependent upon the flawed continuum model of regulatory takings, which leads to incorrect analyses and outcomes. In particular, proponents of property rights legislation have elevated diminution in property value to be the sole factor in determining whether compensation should be paid as a result of a regulatory action, resulting in a gross oversimplification of regulatory takings analysis. This article rejects the continuum model that dominates current takings analysis and proposes an alternative model for addressing the issues that property rights legislation is intended to remedy.
Book Review Dialogue
Ties That Bind (Thomas Donaldson and Thomas W. Dunfee, Harvard Business School, 1999, 306 pages)
Professors Donaldson and Dunfee have created a new stage in the development of Integrative Social Contract Theory (ISCT). Their intention is to extend the application of social contracts to business. This review essay discusses the components of ISCT, observes how it works in practice, and assesses its role in guiding multinational firms as they conduct their business in the global economy.
Tightening the Ties that Bind—Defending a Contractarian Approach to Business Ethics
Thomas W. Dunfee and Thomas Donaldson
This reply to Professor Shaw discusses the issue of hypernorms and clarifies other elements of Integrative Social Contract Theory (ISCT). It emphasizes that ISCT requires decision-makers to assess carefully the strength and clarity of local norms and to search for hypernorms that are relevant to the specific decision at hand. The conclusion offers the hope that further discussion of the book, Ties That Bind, will bear more practical and intellectual fruit.