Environmental dispute resolution and hazardous waste cleanups: A cautionary tale of policy implementation

New York State experimented with replacing their litigation-oriented system for achieving toxic dump site cleanup with one promising to lower transaction costs through alternative dispute resolution. Our analysis of outcomes is informed by three generations of implementation work focusing on (1) the motivations and incentives shaping individual behavior, (2) the larger organizational and political factors associated with variation across cases, and (3) the generic properties of policy implements. This mosaic approach to explanation produces, we believe, a more lifelike picture of use to policy makers for understanding the dynamic and interrelated nature of their choices.     

A CRITIQUE OF PROFESSOR CHURCH'S REPORT ON THE IMPACT OF VERTICAL AND CONGLOMERATE MERGERS ON COMPETITION

We discuss Professor Jeffrey Church's report to the EuropeanCommission in 2004 on the effects of vertical restraints andmergers. Although thorough and accurate, the report could bemisinterpreted by practitioners, as it does not emphasize thatmarket power is only a necessary condition for harm to competition,and that most vertical mergers that present the possibilityof competitive harm also present economic efficiencies thatare intrinsic to the integration.     

Reparations for the Herero Genocide: Defining the limits of international litigation

The Herero were the first ethnic group to be subjected to genocidein the twentieth century. In 2001, the Herero became the firstethnic group to seek reparations for colonial policies thatfit the definition of genocide. The Herero are the latest plaintiffto use the procedures of the Alien Torts Claim Act of 1789 toseek reparations in a US federal court for war crimes committedoverseas. This article analyzes the legal arguments by Hererosagainst Germany within the context of current understandingsof international law and identifies the challenges that lieahead for this claim. The article also explores the implicationsof the Herero claim for other ethnic groups victimized by colonization.     

Contending regionalisms: hubs and challengers in the Americas and the Asia-Pacific

As regions become more institutionalized, they are characterized by two competing trends. First, key regional institutions can become hub institutions that act as transmitters of a comprehensive set of norms. Second, as regional institutions increase in number, regions themselves are liable to become more fragmented. How these trends have played out is explored in two key regions, the Americas and the Asia-Pacific. It is concluded that regions are not static entities but are ever-changing structural arrangements. Hub institutions can be challenged and the consequences can be significant as regions gain in importance on the international stage.     

Up Against the Property Logic of Equality Law: Conservative Christian Accommodation Claims and Gay Rights

This paper explores conservative Christian demands that religious-based objections to providing services to lesbians and gay men should be accommodated by employers and public bodies. Focusing on a series of court judgments, alongside commentators’ critical accounts, the paper explores the dominant interpretation of the conflict as one involving two groups with deeply held, competing interests, and suggests this interpretation can be understood through a social property framework. The paper explores how religious beliefs and sexual orientation are attachments whose power has been unsettled by equality law. But entangled with this property is another—that held in workers’ labour and public bodies’ resources. Arguing against the drive to balance competing interests, the paper uses social property to illuminate the agonistic character of the stakes. At the same time, it questions property as a normative framework for sexual orientation and religious beliefs.