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Law at the End of the Day

Comments on current legal issues focusing on institutions, and the ways in which (1) public law norms are critical for the development of the law of economic organizations; (2) the democratic principle finds expression in the public law of states and the private law of corporations; and (3) the ways in which public, private, economic, and religious institutions clash and cooperate.

Post Frequency: 126.8/day

Last Entry: November 03, 2020 at 14:48:00

And Speaking of the American Power-Money Narrative. . . . .

Posted on April 24, 2010
The 2007 financial collapse has produced a tremendous opportunity to add new chapters to the American narrative of power-money. Much of that narrative speaks to corruption. Americans tend to like their corruption sexually explicit. See Larry Catá Backer, Sex, Money and Family: On the Cultural Battle Lines of Corruption in the United States and China, Law at the End of the Day, April 24, 2010...

Sex, Money and Family: On the Cultural Battle Lines of Corruption in the United States and China

Posted on April 24, 2010
It is always interesting to compare national approaches to corruption. These approaches sometimes provide a window on what is most acutely felt within national ruling elites as necessary markers of behavior self-control to manage the opinions of the masses...

The World Bank Group's Supra Sovereign Wealth Fund?

Posted on April 22, 2010
It was only a matter of time. The power of private capital and capital markets,now free of the constraints of the state system, has proven to be the new frontier for the cultivation of power across state lines. In a world founded on principles of economic globalization, states have found it as useful to project power through private markets as they had traditionally projected power in more conventional fashion...

Ruminations XXX: Of Orchids and Bees

Posted on April 21, 2010
It is well known that the power of a moral order embraced by a culture has wide ranging effects. Its most powerful effects, however, can be understood in the way that moral orders can construct the lenses through which we see and define the reality around us...

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China's Trade Deficit and International Investment

Posted on April 11, 2010
Just as international pressure was increasing to get the Chinese to revalue its currency (and thus increase the price of goods valued in yuan), the Chinese announced a trade deficit. Elaine Kurtenbach, China's $7.24B March trade deficit 1st in 6 years, AP News reported in Yahoo News, April 10, 2010; Chris Hogg, China Reports Rare Trade Deficit, BBC News Online, April 10, 2010...

Welber Barral Speaks to American Business Interests: Convergence and Divergence of U.S. Brazil Economic Trade

Posted on April 10, 2010
Welber Barral, the very successful Foreign Trade Secretary (Ministry of Development, Industry, and Foreign Trade) of Brazil, has come to the United States to reassure Americans that the business climate for American investment is still favorable in Brazil...

Ruminations XXIX: On the Relationship Between Law, Justice and Governance

Posted on April 09, 2010
In 2009 this site posted a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain a thing or event. The hope is that, built up on each other, the series will provide a matrix of thoughts that together might lead the reader in new directions...

Mae Kuykendall on No Confidence Voting and the Governance of Enterprises

Posted on April 06, 2010
Mae Kuykendall, Professor of Law at Michigan State University College of Law, will be guest blogging on an American academic law blog, the Conglomerate. Professor Kuykendall is always worth reading, and her recent post, on aspects of the now potentially usefully transposable and relatively ancient device of no confidence voting, provides some substantial food for thought...

Changes in the Norwegian Sovereign Wealth Fund Ethical Guidelines and Active Ownership

Posted on April 05, 2010
The Ethical Guidelines serve as a critical component of Norway's investment sovereign wealth fund investment approach. It serves both as a basis for making investment decisions and for furthering Norwegian governmental policy through projections of economic power into foreign markets...

Globalization, Harmonization and Religious Politics

Posted on March 31, 2010
A recent set of events provides a window into the way in which the technologies on which globalization is advanced has become an important component of the harmonization of the techniques of religious politics across religious boundaries, even as it sharpens divisions between religions...

The Cultivation of Brazil: Lula Between Castro and Obama

Posted on March 25, 2010
Brazil has been seeking to re-make its place within the Hemispheric pecking order since the ascension of Lula to the Brazilian Presidency. Brazil, rightly, sees itself as arriving at a point in its development that it might assume some of the role traditionally exercised solely by the United States in Latin America...

Unpacking the Ideological Sub-Structure of Corporate Law--Legal Arbitrage and the Governance of Corporations

Posted on March 24, 2010
One of the greatest strengths of ideology the way in which it can fade into the background. What appears neutral may be little more than the expression of presumptions that constitute an ideological framework for understanding and managing reality...

Michael Komesaroff on China's Strategy for Managing Rare Earths and its Repercussion, Problem or Role Model?

Posted on March 22, 2010
My colleague Michael Komesaroff, principal of Urandaline Investments, a consultancy specializing in China?s capital intensive industries, and executive in residence at the School of International Affairs, Pennsylvania State University, has written an excellent analysis of a recent aspect of China's implementation of its natural resources policies...

Perverse Precedent: The Trial of Stern Hu, State Secrets, Closed Trials, and the External Price of China's Worry About Internal Order

Posted on March 21, 2010
As the Stern Hu trial proceeds to its inevitable and murky conclusion--tied as it is to the negotiations over control of Australian extractive industries and the perceived necessity to use the trial to cement China's place among the community of nations above that of Australia, the media has recently circulated reports of mechanics of the trial:China has refused a request from the Federal Government to give Australian officials access to the entire court proceedings during the trial of Rio Tinto executive Stern Hu...

Masculinities, Enterprise Global Governance, and the OECD

Posted on March 19, 2010
The Association for the Study of Law, Culture and the Humanities is an organization of scholars engaged in interdisciplinary, humanistically oriented legal scholarship. It brings together a wide range of people engaged in scholarship on legal history, legal theory and jurisprudence, law and cultural studies, law and literature, law and the performing arts, and legal hermeneutics...

Stakeholder Versus Shareholder Maximization Models of Corporate Duty and American Courts

Posted on March 10, 2010
There has been an increasing interest in the value of extending corporate responsibility to a broad range of stakeholders beyond shareholders and sometimes creditors. Much of that interest and activity originates within elements of global civil society, academia and international organizations...

Conference: Transnationalismus in Recht, Staat und Gesellschaft

Posted on March 08, 2010
I wanted to report on an excellent conference recently held at the University of Bremen, Germany: Transnationalismus in Recht, Staat und Gesellschaft. The focus of the conference was the transnational organizations, and their relationship to law, governance and that ubiquitous sometimes "higher" body corporate--the state...

Chinese Sovereign Wealth Fund Investing Under the Radar: Central Huijin's Operations in the last half of 2009

Posted on March 02, 2010
I have been suggesting that emerging patterns of sovereign wealth fund behavior incorporates an enterprise model. Sovereign wealth funds are at their lest effective--and most transparent, when they operate as single entity investment vehicles. China has been among the most successful at starting to re-arrange their sovereign investing on more sophisticated--and potentially less transparent (and accountable) --basis...

Business and Human Rights Part XXVII--On the Limits of the State Duty to Protect

Posted on March 01, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XXV--On the Third Pillar Right to Remedy

Posted on February 28, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XXVI--On the History of the Protect-Respect-Remedy Framework

Business and Human Rights Part XXIV--On the Relationship Between the State Duty to Protect and the Corporate Responsibility to Respect Human Rights

Posted on February 25, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XXII--The State Duty to Protect

Posted on February 24, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XXIII--On the Compatibility of Chinese Constitutional and Party Values (Harmonious Society (????) and Corporate Human Rights

Business and Human Rights Part XXI--Issues: Finance

Posted on February 23, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XX--Issues: Gender

Posted on February 21, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XIX--Issues: Indigenous People

Posted on February 20, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XVII--Implementation: Prioritizing

Posted on February 19, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

Business and Human Rights Part XVIII--Issues: Supply Chain

Business and Human Rights Part XV--Implementation: Transparency

Posted on February 17, 2010
This Blog Essay site devotes every February to a series of integrated but short essays on a single theme. The Ruminations Series in 2009 produced a month long series of aphoristic (?????????) essays, meant to provoke thought rather than explain it...

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