In this paper I analyze a case of extreme response to need of security in the landscape of advanced democracies: the role of Golden Dawn in the management and reproduction of the profound socio-economic crisis in Greece. I argue that the keys behind the success of such a party are to be found in two distinct but self-reinforcing elements: its organizational strength and its anti-system ideology. The most significant organizational structures and activities which transformed Golden Dawn into a quasi-mafia style (...) “industry of private protection” are thus investigated, along with the most important contents of its radical and anti-systemic message. (shrink)

This article examines how private equity returns in Asia are related to levels of legal protection and corruption. We utilize a unique data set comprising over 750 returns to private equity transactions across 20 developing and developed countries in Asia. The data indicate that legal protections are an important determinant of private equity returns in Asia, but also that private equity managers are able to mitigate the potential for corruption. The quality of legal system (including (...) legal protections) is positively related to returns. Inefficient legal protections negatively impact transaction structures and economic certainty when exiting investments. We also find that private equity managers, irrespective of the quality of legal system they are operating within, can mitigate the potential impact of corruption. Private equity returns are higher in countries with higher levels of corruption, controlling for legal systems. This finding is consistent with the view that private equity managers bring about organizational change to alleviate the costs of corruption. Our findings are robust to inclusion of controls for Hofstede cultural variables, economic conditions, and transaction specific characteristics, as well as consideration of econometric sample selection methods for unexited investments. (shrink)

In District of Columbia v. Heller, the Supreme Court is anticipated to finally decide whether the Second Amendment is an individual or a collective right. This article is not about the textual and historical arguments on the basis of which the Court is likely to make its decision. My topic is more fundamental. Assuming that the Second Amendment protects an individual right, what purpose does it serve? What are the possible reasons that private arms possession is sufficiently valuable to (...) deserve constitutional protection? Because it was insufficiently sensitive to the variety of justifications available, the majority in Parker v. District of Columbia (the D.C. Circuit case appealed in Heller) failed to identify the purposes of the Second Amendment. The passing comments it made were compatible with a large number of very different justifications. Second Amendment advocates have also been surprisingly muddled on the issue. This confusion has gone unnoticed because no one has, until now, offered a philosophically rigorous account of the justifications available and the important distinctions between them. Clarity about the value of private arms possession is essential for determining the scope of the Second Amendment under an individual right interpretation - a project that lower courts will be forced to undertake if Parker is affirmed. Courts commonly interpret the scope of a constitutional right in light of the interests the right protects. For this reason, they need a clear conception of why individuals have an interest in private arms possession. I offer this article as a first, but crucial, step toward answering this question. (shrink)

The public sphere has been seen by conservatives as an arena for safeguarding private relations. Private power relations could be threatened by newly recognized social groups that make claims on the state for justice and equality. Therefore, conservatives have been concerned about who can speak and exist in public and who can thereby make demands on the state. In the debates over transgender rights in Canada, social conservatives and neoliberal forces have merged in complex and impactful ways. Analyzing (...) House of Commons and Senate debates and committee proceedings for Bill C-279 and Bill C-16, I examine three conservative arguments that illustrate attempts to maintain private power relations and hierarchal gendered divisions by ensuring that transgender and gender nonconforming people are not allowed to exist, speak or make claims in public: first, the assertion that gender identity and gender expression are not definable identity categories for claims-making because transgender people are deceptive and can change their gender based on their feelings; second, the targeting of public facilities, and particularly public bathrooms, as sites of contention, danger and necessary gender segregation; and third, the attempt to delegitimize rights claims by criminalizing transgender people in relation to cisgender women and children. (shrink)

According to the House of Lords decision in Campbell v MGN Ltd, a misuse of private information claim may succeed even though public interest expression is at stake. The post-Campbell jurisprudence, however, does not reflect this central tenet. Cases are not determined by balancing the weight of each claim but by a binary approach in which claims succeed or fail depending on whether public interest expression is present or not. By charting this development, this article argues that a greater (...) sense of proportionality would be achieved if cases were decided not by the quality of expression but by the harm caused by it. By re-imagining Campbell as a four-part test, it will show how the current paternalistic and idiosyncratic influences on decision-making may be reduced significantly. (shrink)

Given recent technological advances, we now are able to invade personal privacy as never before. The challenge in the business community is to make the most of the opportunities presented by the growth in communication technology while, at the same time, protecting what remains of individual privacy. The conflict between technological advances and privacy concerns is not new, but it has grown exponentially in recent years, and the development of a data protection scheme in the European Union lends a (...) certain economic urgency to meeting the challenge.Pursuant to a Directive adopted by the European Union, privacy protections throughout the EU must become more stringent and consistent throughout EU member countries. One area of great concern to the United States is the Directive's requirement for certain minimum standards of privacy protection in countries receiving information from member countries. Given the limited protections available in the United States, it does not appear that the United States meets these minimum standards. The purpose of this paper is to critically analyze the existing measurements of global privacy protections and to propose a new model which allows for their comparative evaluation. (shrink)

This book offers a comprehensive moral theory of privatization in war. It examines the kind of wars that private actors might wage separate from the state and the kind of wars that private actors might wage as functionaries of the state. The first type of war serves to probe the _ad bellum_ question of whether private actors can justifiably authorize war, while the second type of war serves to probe the _in bello_ question of whether private (...) actors can justifiably participate in war. The cases that drive the analysis are drawn from the rich and complicated history of private military action, stretching back centuries to the Italian city-states whose mercenaries were reviled by Machiavelli. The book also takes up the hypothetical examples conjured by philosophers—the private protective agencies of Robert Nozick’s _Anarchy, State, and Utopia_, for example, and the private armies of Thomas More’s _Utopia_. The aim of this book is to propose a theory of privatization that retains currency not only in assessing current military engagements, but past and future ones as well. In doing so, it also raises a set of important questions about the very enterprise of war. This book will be of much interest to students of ethics, political philosophy, military studies, international relations, war and conflict studies, and security studies. (shrink)

Although public law scholars have long addressed the problems of accountability generated by private decision-making and "privatization," they have largely ignored this phenomenon in the immigration context. Our ignorance is increasingly indefensible. Millions of employers - private parties - are required by law to screen their workers for unauthorized immigrants, and growing evidence suggests that they use their screening power to ignore workplace protections and to otherwise exploit these workers. This article is the first attempt to apply the (...) insights generated by the privatization literature to immigration law. It argues that our nation's employers have emerged as private immigration screeners who, like airport inspectors screening for ineligible entrants and law enforcement officers screening for criminal noncitizens, assist the Department of Homeland Security in identifying unauthorized workers for removal. More than just agents of exploitation, reframing employers as private screeners demonstrates that they are also agents of the state. Borrowing analytical concepts developing in the privatization literature, I argue that the high risk of abuse and the lack of readily available mechanisms for reducing that risk raise troubling implications over the kind of power that employers wield as private immigration screeners in the workplace. Reframing our nation's employers as private screeners gives theoretical coherence to the discretionary decision-making authority they actually wield, and explains why they have used that authority to exploit workers - as private parties carrying out public duties, they are incentivized to serve their own interests instead of verifying the immigration status of their workers in good faith. Examining the problem of private immigration screening also forces us to reconsider two aspects about immigration screening generally. First, although immigration law tends to reward unauthorized immigrants who lay low and tends to punish those who draw attention to themselves, I suggest that we ought to rethink this logic at least in the context of the workplace. Because workplace violations committed by employers are typically enforced by private parties, punishing unauthorized immigrants who attempt to assert these rights and thus draw attention to themselves, only encourages workplace violations by employers and fosters a culture of lawlessness. Second, thinking about how decision-making authority within immigration law should be allocated between the public and the private contributes to the current conversation over how similar decision-making authority should be allocated between federal entities and local entities. Although questions of accountability have lingered in the backdrop of the immigration federalism debate, I suggest that scholars would be well served to foreground these questions and answer them head-on. (shrink)

The purpose of this study is to investigate whether the availability of financial bounties and anonymous reporting channels impact individuals’ general reporting intentions of questionable acts and whether the availability of financial bounties will prompt people to reveal their identities. The recent passage of the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010 creates a financial bounty for whistle-blowers. In addition, SOX requires companies to provide employees with an anonymous reporting channel option. It is unclear of the (...) effect of these provisions as they relate to whistle-blowing. Our results indicate that a financial bounty has the potential to increase participants’ propensity to report questionable acts and their willingness to reveal their identities when reporting, but the availability of an anonymous reporting channel does not affect participants’ propensity to report questionable acts. These findings could potentially help corporate management, government policy makers and accounting researchers to assess the effectiveness of their internal compliance programs and help determine if financial bounties in the private sector could encourage whistle-blowing. (shrink)

Dans la lignée de Kenneth Arrow, les théoriciens du bien-être présentent la mise en oeuvre des programmes publics de Sécurité sociale comme le moyen de pallier les défaillances du marché. Or, cette approche n’est pas confortée par une analyse du développement des premières protections sociales. D’une part, les offres privées, loin d’avoir été défaillantes, se sont développées selon un processus d’essais et d’erreurs leur ayant permis d’acquérir un avantage comparatif dans la gestion de l’asymétrie de l’information.D’autre part, l’intervention publique a (...) entravé le développement de ces protections privées en favorisant la constitution de rentes politiques et financières dès le XIXème siècle. La disparition ultérieure du marché français, loin d’être une conséquence de ses propres “défaillances”, apparaît comme la résultante d’un phénomène d’éviction.Following of Kenneth Arrow, Welfare Economics see social security as the only way to solve market failures. This approach is not supported by a careful analysis of the development of the former kinds of private social protections.On the one hand, private institutions, far from being deficient, developed according to a trial and error process, which provided them with a competitive advantage in the management of informational asymmetry.On the other hand, public regulation hampered the development of those first private institutions. Governments favored, as far back as the 19th century, the supply of political and financial rents. The subsequent disappearance of the market, far from being the consequence of its own “failures”, seems to be the result of a crowding out phenomenon. (shrink)

This paper develops three arguments for increasing the strength of database protection under U.S. law. First, stronger protections would encourage private investment in database development, and private databases have many potential benefits for science and industry. Second, stronger protections would discourage extensive use of private licenses to protect databases and would allow for greater public control over database laws and policies. Third, stronger database protections in the U.S. would harmonize U.S. and E.U. laws and would thus (...) enhance international trade, commerce, and research. The U.S. should therefore follow the European example and develop two tiers of protection for databases: 1) protection for creative databases under copyright law; 2) protection for non-creative databases through a special type of sui generis protection. In order to balance private control of data and public access to data, sui generis protections should define a “fair use” exemption that permits some unauthorized extraction of data for private, educational, and research purposes, provided that such extraction does not adversely impact the economic value of the database. (shrink)

This article is part of a symposium on property-owning democracy. In A Theory of Justice John Rawls argued that people in a just society would have rights to some forms of personal property, whatever the best way to organise the economy. Without being explicit about it, he also seems to have believed that protection for at least some forms of privacy are included in the Basic Liberties, to which all are entitled. Thus, Rawls assumes that people are entitled to (...) form families, as well as personal associations which reflect their tastes as well as their beliefs and interests. He seems also to have assumed that people are entitled to seclude themselves, as well as to associate with others, and to keep some of their beliefs, knowledge, feelings and ideas to themselves, rather than having to share them with others. So, thinking of privacy as an amalgam of claims to seclusion, solitude, anonymity and intimate association, we can say that Rawls appears to include at least some forms of privacy in his account of the liberties protected by the first principle of justice. -/- However, Rawls did not say very much about how he understands people’s claims to privacy, or how those claims relate to his ideas about property-ownership. This is unfortunate, because two familiar objections to privacy seem particularly pertinent to his conception of the basic liberties. The first was articulated with customary panache by Judith Thomson, in a famous article on the moral right to privacy, in which she argued that talk of a moral right to privacy is confused and confusing, because privacy rights are really just property rights in disguise. The second objection has long been a staple of leftist politics, and is that the association of privacy with private property means that privacy rights are just a mask for coercive and exploitative relationships, and therefore at odds with democratic freedom, equality and solidarity. If the first objection implies that Rawls is wrong to think that protection for privacy can be distinguished from protection of personal property, the second objection implies that Rawls cannot hope to protect privacy without thereby committing himself to the grossest forms of capitalist inequality. -/- In this paper I will not discuss Rawls’ views of property-owning democracy. However, by clarifying the relationship between claims to privacy and claims to property-ownership, I hope to illuminate some of the conceptual, moral and political issues raised by Rawls’ ideas, and by work on the concept of a property-owning democracy, which he inspired. As we will see, privacy-based justifications of private ownership are not always unappealing, and privacy is sometimes promoted, rather than threatened, by collective ownership. The conclusion draws out the significance of these claims for the idea of a property-owning democracy. (shrink)

A private property right is a collection of particular rights that relate to the control of an object. The ground for such moral rights rests on the value of project pursuit. It does so because the individual ownership of particular objects is intimately related to the formation and application of a coherent set of projects that are the major parts of a self-shaped life. Problems arise in explaining how unowned property is appropriated. Unilateral acts with regard to an object, (...) e.g., mixing in one’s labor into it, probably don’t ground particular rights to private property. Nor do bilateral contracts since a stable pre-institutional contract with regard to appropriation is not likely to form. However, a conventional method of appropriation can allow for such appropriation while at the same time preserving the pre-institutional nature of such rights. This theory can also account for a person’s property rights in her own body. However, the value of project formation requires that persons have at least some private property that is to serve as the object of their projects. These positive rights to property undermine the libertarian claim that all non-commitment-based rights are negative. However, a further empirical argument is needed in order to justify protecting these positive moral rights to private property by positive legal rights. (shrink)

Habermas dialogically recasts the Kantian conception of moral autonomy. In a legal-political context, his dialogical approach has the potential to redress certain troubling features of liberal and communitarian approaches to democratic politics. Liberal approaches attach greater normative weight to negatively construed individual freedoms, which they seek to protect against the interventions of political authority. Communitarian approaches prioritize the positively construed freedoms of communal political participation, viewing legal-political institutions as a means for collective ethical self-realization. Habermas’ discourse theory of law and (...) democracy seeks to overcome this competition between the negative and positive liberties. Doing so entails reconciling private and public autonomy at a fundamental conceptual level. This is his co-originality thesis, which seeks to show that private and public autonomy are internally connected and evenly balanced. I support his aim but argue that he fails to achieve it due to an unsatisfactory account of private autonomy. I suggest an alternative dialogical conception of autonomy as ethically self-determining agency that would enable him to establish his thesis. (shrink)

Transnational corporations have become actors with significant political power and authority which should entail responsibility and liability, specifically direct liability for complicity in human rights violations. Holding TNCs liable for human rights violations is complicated by the discontinuity between the fragmented legal/political structure of the TNC and its integrated strategic reality and the international state system which privileges sovereignty and non-intervention over the protection of individual rights. However, the post-Westphalian transition—the emergence of multiple authorities, increasing ambiguity of borders and (...) jurisdiction and blurring of the line between the public and private spheres—should facilitate imposing direct responsibility on transnational firms. Mechanisms for imposing direct responsibility on TNCs are considered including voluntary agreements and international law. However, I conclude that a hybrid public-private regime which relies on non-hierarchical compliance mechanisms is likely to be both more effective and consistent with the structure of the emerging transnational order. (shrink)

Despite the prevalence of externalization, much work in the ethics of immigration continues to assume that the admission of immigrants is determined by state immigration officials who decide whether to admit travelers at official crossings. This assumption neglects how decisions about entrance have been increasingly relocated abroad – to international waters, consular offices, airports, or foreign territories – often with non-governmental or private actors, as well as foreign governments functioning as intermediaries. Externalization poses a fundamental challenge to achieving just (...) migration policies. It reliably harms vulnerable people, prevents refugees from receiving protection, leads to human rights abuses, and dissipates blame and accountability, creating a serious lacuna in assigning moral responsibility. (shrink)

Law No. 11,340/2006, also known as the "Maria da Penha" Law, was created after the condemnation to exclusively protect women victims of violence. In Article 9, § 2, item II, there is a specific rule on the employment contract, which allows the judge to ensure that women in situations of domestic and family violence maintain the employment relationship for up to six months. During this period, women have the right to be absent from work, thus contributing to the preservation of (...) their physical and psychological integrity. The objective of this paper is to better analyze how the international system may further contribute to increasing the labor legal protection of women victims of domestic violence. A prospective-documentary technique was employed to analyze the Brazilian domestic legislation and the international system, including norms of the International Labor Organization (ILO) and the jurisprudence of the Inter-American Commission on Human Rights of the Organization of American States (OAS). These analyses reveal that despite the separation of social phenomena – domestic violence occurring in the private sphere, and work belonging to the public sphere of the victim's life – international principles, so-called soft law rules, can be used to further enhance the protection of women victims of domestic violence in Brazil. These women require a whole set of mechanisms that protect their physical, psychological, and emotional integrity, but also guarantee financial and professional support. This multidimensional response to domestic violence is central to a country that ranks 5th in the world for femicide. (shrink)

Efforts to protect endangered species by regulating the use of privately owned lands are routinely resisted by appeal to the private property rights of landowners. Recently, the 'wise-use' movement has emerged as a primary representative of these landowners' claims. In addressing the issues raised by the wise-use movement and others like them, legal scholars and philosophers have typically examined the scope of private property rights and the extent to which these rights should influence public policy decisions when weighed (...) against other moral considerations. Whether from an anthropocentric standpoint or from a perspective of moral extensionism, the key question seems to be the extent to which prima facie property rights are overridden by other moral interests, not whether such rights claims can reasonably be appealed to at all in public discussions of environmental justice. I argue, however, that a morally extensionist perspective not only introduces more potential defeaters of prima facie property rights, but actually strips appeals to private property rights of their moral significance. Hence, I argue on Rawlsian grounds that appealing to private property rights in the way that the wise-use movement does is unreasonable in a pluralistic society. In so doing, I show that a Rawlsian perspective may be more congenial to the interests of moral extensionists than is typically thought. (shrink)

Lithuania had a different experience in legal regulation of private property. There were periods when right to private ownership was denied and on the other hand – the periods when right to private ownership was respected and protected. Authors wanted to review today’s status of rights to private property in retrospective. The main purpose of the article is to reveal functions of private property in Lithuania. The article analyzes peculiarities of legal regulation of private (...) property in Lithuania during different stages of the state’s development. The authors have analyzed the social significance of the right to private property, how it changed and how it has been reflected in Lithuanian legislation and the case law of the Constitutional Court of the Republic of Lithuania, paying a particular attention to entrenchment of the right to private property in the Constitution of Lithuania. The authors evaluate the compliance of the national legal regulation and Article 1 of the First Protocol with the European Convention on Human Rights, and the case law of the European Court of Justice. (shrink)

The world famous Eltroxin saga of 2009–2011, which ignited heated public debates in Europe, Canada, and Australia, reveals the problematic nature of standalone autonomy protection cases. Eltroxin is a life-sustaining thyroid hormone replacement medicine used by millions worldwide; it was reformulated in 2008, and around 10% of patients were badly affected. Poor communication and lack of professional information triggered public hysteria as a global wave of complaints about harmful side effects, including hair loss, weight gain, extreme fatigue, headaches, diarrhoea, (...) and heightened heart rates, flooded the media. Israeli Eltroxin users (around 250 thousand people) were similarly unaware. Following many media reports and ministerial regulations, a high-profile consumer class action was launched against Perrigo, the distributor. Ten years of court proceedings culminated in a compensation settlement of approximately US$ 14 million. This relatively low sum covered the injuries of those patients who were physically affected; compensation for standalone autonomy injuries to all patients (who were denied information about changes to their life-sustaining medicine) was refused. The monetary settlement and court decision were hugely disappointing to the class plaintiffs, and a negative signal was sent to the proponents of consumers' and patients' personal autonomy. However, the class action still marked a positive change in pharmaceutical protocols for relations between health authorities, commercial pharmacy entities, and patients/consumers as seen by the proactive communication around a subsequent Eltroxin reformulation in 2020 in Israel, Europe, and South Africa (Aspen Pharmacare, 2020).1 This paper highlights the vast potential value of consumer class action proceedings, and pharmaceutical consumer (patient) class actions in particular, for public welfare and private autonomy. The paper will explain leading Israeli case law related to consumer autonomy protection in tort law and will argue that this law still holds the unique protection of autonomy as a basic human right and accordingly recognises harm to autonomy as a viable form of damage. Additionally, it illustrates why and how consumer protection class actions are an important tool for protection of human rights in general and of patients' rights in particular. (shrink)

This synthetic review aims to unite a seemingly disjoint collection of studies over the past 3 decades around their shared examination of sexism in an often overlooked U.S. population, namely girls attending private Christian schools. This undertaking reveals substantial harms that I categorize as those of immediacy and potentiality, which are occurring behind the protective wall separating church and state. Contra the majority of philosophers of education and researchers in this area, these studies lead me to argue that the (...) state has the obligation and legal ability to intervene in this private domain. Notably, this study begins to flesh out a notion of educational harm that may be robust enough for state policy making and legal action in private schools. Based on a legalized understanding of sexist harm, I conclude with a detailed analysis of Constitutional provisions and court decisions relative to state intervention and freedom of religious practice. (shrink)

Augustine’s privation theory of evil maintains that something is evil in virtue of a privation, a lack of something which ought to be present in a particular nature. While it is not evil for a human to lack wings, it is indeed evil for a human to lack rationality according to the end of a rational nature. Much of the literature on the privation theory focuses on whether it can successfully defend against counterexamples of positive evils, such as pain. This (...) focus of the discussion is not surprising, given that the privation theory is a theory about the nature of evil. But it is also a theory that protects venerable theological concerns, namely, that God is the good creator of everything, and that everything is good. It is the purpose of this article to further this discussion on both fronts. I argue that the counterexample of pain still defeats the privation theory despite the most recent defense. What is more, I suggest, this is not theologically disastrous. The individual who rejects the privation theory is not obligated to reject the theological theses which motivate it. To show how a rejection of the privation theory is a live option, I offer an alternative view of evil that also maintains these theological theses and encompasses both privative and positive evils. (shrink)

The age of digital technology has introduced new complications into the issues of fair and private use of copyrighted material. In fact, the question of private use of another's work has been transformed from a side issue in intellectual property jurisprudence into the very center of intellectual property discussions about rights and privileges in a networked world. This paper will explore the nuanced difference between fair and private use as articulated in the US and the European Copyright (...) Laws. Part One will explain the legal use and meaning of fair use and its justifications. We maintain that it is almost impossible to resolve the issue of the fair/private use's legal nature, if one has not previously resolved copyright's legal nature. Legal resolution of such conflicts, as we shall demonstrate, follows different rules, and the messages sent to users and authors vary greatly depending on the jurisdiction. Part Two will examine the issue of Private Use as Fair Use by Design. We will look at the impact of Digital Rights Management on fair use and explore if the nature of private use as fair use has changed because we are dealing with the protection of digital content. We will show that protecting digital works by code, via various digital rights management schemes is shrinking the public domain of information and restricting private use as fair use. (shrink)

Under a policy first enacted in 1988 and expanded in 1996, federally funded public housing authorities (“PHAs”) and private landlords renting their properties to tenants receiving federal housing assistance have been required to include a provision in all leases under which drug-related criminal activity as well as criminal activity that in any way poses a threat to other tenants or nearby residents constitutes ground for initiating eviction proceedings. This strict liability eviction policy, which has become known as the “One-Strike (...) Rule,” was part of a broader congressional effort to combat the “reign of terror” that Congress believed drug dealers were imposing on public housing and assisted housing tenants. Like many of the crime-related policies enacted in the 1980s and 1990s, the One-Strike Rule has done little to reduce crime rates, but has been wildly successful in ensuring that the situation of poor households receiving federal assistance remains highly precarious. Calls for reform of the One-Strike Rule are almost as old as the policy itself, but given the political outlook of the current administration, the prospects for reform at the federal level are dim. While federal law and a combination of gridlock and unwillingness in the congressional and executive branches foreclose a range of possible strategies for reform, there is nonetheless room to mitigate the socially corrosive effects of the One-Strike Rule through legislative efforts at the state and local level. Courts in various jurisdictions have upheld state laws that protect vulnerable tenants despite the federal strict liability policy, and these holdings help to provide a framework for how state and local governments seeking to protect tenants can do so without their efforts necessarily falling prey to the Supremacy Clause. This article describes that framework and proposes three concrete measures that fit it. The article is structured as follows: after explaining the One-Strike Rule and the threat it poses to vulnerable tenants (Section II), the article discusses the burden the Rule imposes on tenants and the benefits it is supposed to bring to other parties, and argues that the resulting distribution of burdens and benefits is unjust (Section III). The article then lays out three concrete measures that state and local governments can enact to protect tenants who face eviction for criminal activity under the Rule without falling prey to a federal preemption challenge: requiring “good cause” for eviction, giving tenants the right to cure a breach of their lease, and providing tenants with free counsel in landlord-tenant court (Section IV). (shrink)

Waging war for money has been frowned upon since the Peace of Westphalia and the rise of the modern nation-state. The stigma associated with private warfare translates, in legal terms, into a prohibition on mercenary activity and denying mercenaries the protection afforded to regular combatants . Noting the apparent similarities between mercenaries and private military contractors, some have sought to extend to the latter the restrictive regime applicable to the former. But the resemblance between these two types (...) of actors should not imply that private warfare, in its modern form, is condemnable outright. This Article argues that an inclusive approach to military outsourcing—drawing upon historical, legal and moral perspectives—is necessary to contend with the challenges raised by the growth of the private military industry. I examine the connection between history , morality , and law , to show that private warfare deserves a more nuanced and pragmatic treatment under international law. (shrink)

The tenuous network of interconnected data that supports our nation's critical infrastructure has been built up, computer by computer, over only the last few decades. From punch cards to the supercomputers constructed by pioneers in today's fields, computers have been controlling our nation's critical sectors nearly every step of the way. As designers of today's critical systems gravitate slowly towards systems that require less human oversight than ever before, the vulnerability of the networks that control our electricity systems, water supply, (...) and banking services also continues to increase. In recent control system security reviews, the Departments of Energy and Homeland Security hired experts from Idaho National Labs who found that not only do "all of the evaluated systems suffer from high-impact security vulnerabilities that could be exploited by a low-skill-level attacker," but "in currently deployed systems, enhanced security controls cannot easily be implemented while still assuring basic system functionality". While the federal government has attempted on several occasions to outline its strategy to implement cybersecurity policies, its defining statement on the issue is in the form of the National Infrastructure Protection Plan. Even then, these government documents mean little if neither government nor private agencies implement them in their respective fields. (shrink)

According to the United Nations High Commissioner for Refugees, there are over 20 million refugees worldwide, less than 1% of whom are referred for resettlement to third countries permanently. One obstacle to resettlement stems from the alleged lack of resources in settlement countries. A possible way forward is a refugee selection and admission regime that shares costs between governments and private citizens, to permit states to admit greater numbers of refugees where their citizens are willing and able to contribute (...) their own, private, resources to the resettlement project. Taking Canada’s private sponsorship scheme as a model, I argue that there are pros and cons to public–private cooperation in refugee resettlement. On the one hand, they permit the resettlement of greater numbers of refugees and they permit private citizens committed to aiding refugees to do so in concrete ways. On the other hand, they require oversight to protect refugees who are, otherwise, fully dependent on their sponsorship groups and there are cultural differences that make the offering of support challenging. In particular, while sponsorship groups ought to aim at securing the independence and autonomy of newcomers, they can sometimes behave in culturally inappropriate and paternalistic ways, which generate resentments between refugees and their sponsoring groups. (shrink)

The relevance of the study lies in the fact that in the reforms of the system of compulsory enforcement of decisions stipulated the possibility of performing these functions by private enforcers. The purpose of the article is to consider problematic aspects of the legal status of a private enforcer as a participant of legal relations in the enforcement process. The results of the study contain generalizations on the analysis of the legal status of a private enforcer, proposals (...) for amendments to current legislation on private enforcers and the protection of the rights of the parties of enforcement proceedings. Finally, conclusions were formulated, which may be useful to practitioners of various legal professions such private enforcers, lawyers, judges, as well as citizens and legal persons, including those who are parties to the executive procedure. (shrink)

Balancing, integrating, or otherwise sorting out private ownership, control, and property rights, on the one hand, with social, common, and shared goods or rights, on the other, is manifest in socio-ethical issues ranging from eminent domain to gay marriage and from endangered species protection to social security. In fact, when one surveys the contemporary socio-ethical landscape with this problem in mind, there appears hardly an issue that it does not touch; and it is frequently the central or underlying (...) component. This is perhaps not surprising for issues involving taxation or other government revenue generating mechanisms that pay for public services and programs—e.g. education, postal service, transportation infrastructure, and policing. But it extends well beyond resourcing governmental institutions and initiatives. It is present in different ways and to different degrees in issues as diverse as AIDS drug availability, fisheries management, euthanasia, affordable housing and home loan availability, gun control, permit issuance and zoning for high impact industry, global warming, health care accessibility, bottled water, and prostitution. (shrink)

Very little of the expanding debate over private policing has employed the language of human rights. This is notable not just because private policing is a distinctly global phenomenon, and human rights have become, as Michael Ignatieff puts it, “the lingua franca of global moral thought.” It is notable as well because a parallel development that seems in many ways related to the spread of private policing—the escalating importance of private military companies—has been debated as a (...) matter of human rights. This Article asks whether discussions of private policing have been impoverished by their failure to employ the language of human rights. It begins by discussing the dramatic rise, over the past several decades, in the size and significance of private policing. It then summarizes the academic and public policy debates about that development and considers what, if anything, the language of human rights could add to those debates, and whether the addition would be welcome. One strand of the Article compares the debate over private policing with the debate over private military companies. Another strand compares private policing with private prisons, in light of the recent ruling by the Supreme Court of Israel declaring private prisons unconstitutional. The Article concludes that the benefits of introducing the language of human rights into debates about private policing are far from clear—with one exception. Human rights, particularly as codified in international treaties, do seem a promising way to get traction on a particular aspect of police privatization that has received less attention than it deserves: the way in which widespread reliance on private security firms may weaken public commitment to providing everyone with a minimally acceptable degree of protection against private violence. (shrink)

In lieu of an abstract, here is a brief excerpt of the content:Private Bioethics Forums:Counterpoint to Government BodiesCynthia B. Cohen (bio) and Elizabeth Leibold McCloskey (bio)Ethical issues associated with reproductive technologies quickly gain public attention. The front pages of newspapers have featured stories about grandmothers giving birth to their own grandchildren, couples "renting" wombs from surrogates, and researchers prepared to transplant fetal ovaries into women unable to produce viable eggs. With each new and bolder foray into reproductive realms, the (...) question of whether to set limits on the use of such technologies surfaces. An ancillary debate inevitably ensues about the proper forum for discussing and deciding such limits. The recent announcement of human embryo splitting or cloning research is no exception to this pattern. Articles in both the popular press and academic circles in the wake of the reported research contain lamentations about the absence of a national ethics body that could address the ethical issues raised by the cloning experiment. This research also breathed new life into congressional calls to create a government bioethics commission.1At times, it appears that the substantive questions raised by a procedure like cloning are subsumed under the debate about whether this ethics group or that should be convened to study the matter. But the forum in which options are discussed is as crucial to the development of sound ethical thought and public policy as are the conclusions themselves. Thus, we address the question of whether a private, as opposed to a public, bioethics body provides a distinctively useful forum for reaching an understanding of issues such as cloning that have significant ethical and public policy implications.A 1993 Office of Technology Assessment report, in which the authors suggest that a new federal bioethics commission might be useful, has helped to frame recent discussions about the value of government-sponsored bioethics bodies (Office of Technology Assessment 1993). To most people, the question of whether a national forum for bioethics is needed is synonymous with the question of whether a new federal body should be convened. Yet the existence of the National Advisory Board on Ethics in Reproduction (NABER) suggests that the scope of the question should be broadened. [End Page 283]NABER was born in 1992, in part as a response to an Institute of Medicine report on infertility. That document endorsed the formation of a nongovernment body to develop guidelines for assisted reproductive measures and fetal research in the event that a government body was not forthcoming (Institute of Medicine 1989). NABER, which was founded by the American College of Obstetricians and Gynecologists and the American Fertility Society, now functions wholly independently of those groups and is supported by private foundations including the Ford, Greenwall, and Josiah Macy, Jr., Foundations and the Walter and Elise Haas Fund. NABER has issued a report on ethical issues related to the use of fetal tissue (Cohen and Jonsen 1993), is about to publish a report and background papers on oocyte donation, and presents a report on human cloning in this issue of the Kennedy Institute of Ethics Journal. In addition, it has developed a protocol for NABER review of research proposals from federal agencies subject to federal guidelines on the use of human subjects in research.Thus, in function and form, NABER was envisioned as a substitute for a government body, and it now functions in a manner similar to several types of government bioethics groups. Like the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research (National Commission) and the President's Commission for the Study of Ethical Problems in Medicine and Biomedical and Behavioral Research (President's Commission), NABER functions primarily through the publication of reports intended for a broad audience of practitioners, patients, policymakers, and the general public. Just as the Ethics Advisory Board of the late 1970s examined ethical issues related to specific protocols or types of research as they arose, NABER's purposes include scrutinizing the ethics of various research efforts in the reproductive area.NABER also parallels past government bodies in form. Like these groups, NABER is a multidisciplinary board that meets regularly and is supplemented by consultants and staff who provide research and writing for the board. Its members are nationally recognized in... (shrink)

For private property to be legitimately recognized as a universal human right, its meaning should pass the test of self-imposability by an end. In this Essay, we argue, negatively, that the prevailing understanding of private property cannot plausibly meet this demanding standard; and develop, affirmatively, a liberal conception which has a much better prospect of meeting property’s justificatory challenge. Private property, on our account, is an empowering device, which is crucial both to people’s personal autonomy and to (...) their relational equality. The liberal conception of the human right to property has both vertical and horizontal significance — it implies respect from both the public authority and other individuals — which means that it is thoroughly political but not necessarily statist. Our account generates important implications, both domestic and transnational. Domestically, it implies that whereas some property rights should be subject to strong constitutional protection, state law should facilitate other types of private and non-private property institutions, and these property institutions may well be subject to non-owners’ claims to access and, more broadly, to being treated respectfully. Furthermore, our conception of the human right to property requires that everyone have the unusual authority typical of full-blown private ownership. Transnationally, our analysis highlights a freestanding dimension of relational justice, which is relevant across borders even given that our distributive obligations are statist. This injunction of relational justice in transnational interactions brings into question the adequacy of the current state of the law, according to which these interactions are mainly governed by choice-of-law rules that conceptualize them as wholly subsumed under the capacities of the parties as citizens of their respective polities. (shrink)

This article explores how the segments of the state police and security organs were transformed into a large private security industry in Russia after 1992. As market reforms were launched, the numbers of private property owners grew dramatically, but the state institutions for the protection of property and dispute settlement were either absent or defunct. This gap was consequently filled with various private institutions, private protection companies and private security services being the major (...) ones. The article studies the context of their emergence, their functions and practices as well as their relations with the state and the criminal sector. (shrink)

Enterprise philanthropy is practiced in a very unique and rudimentary form in China. Based on a unique random survey data on 3837 Chinese private enterprises conducted in 31 provinces of China in 2006, I find the significant positive relationship between enterprise philanthropy donation and enterprise profitability, and the result supports the political and institutional power view of enterprise philanthropy in the latest development of China. Simply put, Chinese private enterprises carried out philanthropy activities to better protect property rights (...) and nurture political connections, which in turn, leads to better enterprise profitability. The␣result is even stronger in institutions weaker provinces. (shrink)

Many of the interests protected by public law are regularly violated by powerful private actors. Analysing the application of public law rights to the private sphere, this book develops a theoretical framework for the application of human and constitutional rights in relations between private parties.

Through an analysis of survey data gathered from private firms in China, this study examines the impact of employee protection on corporate innovation ability. The results indicate that firms with more advanced employee protection have stronger innovation ability. Furthermore, the positive relationship between employee protection and corporate innovation ability is more pronounced in those enterprises with labor unions. Finally, a firm’s political connections strengthen the influence of employee protection on corporate innovation. These empirical findings highlight (...) the positive consolidating effects of labor unions and political connections and will be of value to policy makers in emerging markets in gauging the important drivers of corporate innovation ability. (shrink)

This paper discusses the hazards of regulating controversial biomedical research in light of the emergence of powerful, multi-national biotechnology corporations. Prohibitions on the use of government funds can simply force controversial research into the private sphere, and unilateral or multilateral research bans can simply encourage multi-national companies to conduct research in countries that lack restrictive laws. Thus, a net effect of government regulation is that research migrates from the public to the private sphere. Because private research receives (...) less oversight and external scrutiny than public research, it can threaten the welfare and rights of human subjects, scientific progress and openness, and the quality of the approval process for new biomedical technologies. In order to avoid the harmful effects of government regulation of biotechnology, society should promote meaningful discussion and dialogue among scientists, industry leaders, and the public before resorting to regulatory solutions. Legislative or executive initiatives should be applied with great discretion and care, and should be crafted in such a way that they protect public health and safety, promote scientific progress, and avoid the hazards of privatized research and polarized debates. (shrink)

Science is critical and thrives on discourse. However, new challenges for science and academic freedom have arisen from an often-discussed cancel culture and an increasing demand for safe spaces, which are justified by their assumed protection against microaggressions. These phenomena can impede scientific progress and innovation by prohibiting certain thought processes and heterodox ideas that eventually result in new ideas, publications, statements, etc. In this paper, we use the approach of property rights ethics to shed light on these phenomena, (...) especially in academia. First, we argue that microaggressions must be generally tolerated according to property rights ethics as the starting point for discussion. Then, we analyze cancel culture and safe spaces in academia. To this end, we distinguish between two basic cases in the educational system. We show that cancel culture and safe spaces seem justifiable in a private education system but have no place in public, tax-funded universities from the perspective of property ethics. Our essay contributes, on the one hand, to the economic analysis of science and, on the other hand, to the ethical study of new phenomena in modern societies. (shrink)

Aristotle offers a conception of the private and its relationship to the public that suggests a remedy to the limitations of liberalism today, according to Judith A. Swanson. In this fresh and lucid interpretation of Aristotle's political philosophy, Swanson challenges the dominant view that he regards the private as a mere precondition to the public. She argues, rather, that for Aristotle private activity develops virtue and is thus essential both to individual freedom and happiness and to the (...) well-being of the political order. Swanson presents an innovative reading of the Politics which revises our understanding of Aristotle's political economy and his views on women and the family, slavery, and the relation between friendship and civic solidarity. She examines the private activities Aristotle considers necessary to a complete human life--maintaining a household, transacting business, sustaining friendships, and philosophizing. Focusing on ways Aristotle's public invests in the private through law, rule, and education, she shows how the public can foster a morally and intellectually virtuous citizenry. In contrast to classical liberal theory, which presents privacy as a shield of rights protecting individuals from one another and from the state, Aristotle, Swanson argues, presents privacy as opportunity or duty to pursue excellence. She concludes that for Aristotle a regime can attain self-sufficiency only by bringing about a dynamic equilibrium between the public and the private. The Public and the Private in Aristotle's Political Philosophy engages both long-standing and contemporary debates surrounding the interpretation of Aristotle. It will be essential reading for scholars and students of political philosophy, political theory, classics, intellectual history, and the history of women. (shrink)

The United Nations confirmed that privacy remains a human right in the digital age, but our daily digital experiences and seemingly ever-increasing amounts of data suggest that privacy is a mundane, distributed and technologically mediated concept. This article explores privacy by mapping out different legal and conceptual approaches to privacy protection in the context of datafication. It provides an essential starting point to explore the entwinement of technological, ethical and regulatory dynamics. It clarifies why each of the presented approaches (...) emphasises particular aspects and analyses the tensions that arise. The resulting overview provides insight into the main strengths and limitations of the different approaches arising from specific traditions. This analytic overview therefore serves as a key resource to analyse the usefulness of the approaches in the context of the increasing datafication of both private and public spheres.Specifically, we contrast the approach focusing on data subjects whose data are being ‘protected’ with others, including Fair Information Practice Principles, the German right to ‘informational self-determination’, and the South American ‘habeas data’ doctrine. We also present and contrast emerging approaches to privacy and discuss their intersection with datafication. In conclusion, we put forth that rather than aiming for one single solution that works worldwide and across all situations, it is essential to identify synergies and stumbling blocks between the various regulatory settings and newly emerging approaches. (shrink)

The present article considers, and rejects, four arguments against the privatization of roads, and in favor of our present system of road socialism. They are 1. Eminent domain is cheap, efficient, and necessary, but only government can avail itself of their “benefits.” 2. Roads are not perfectly competitive, but rather, necessarily, are characterized by monopolistic elements, which only the state can address. 3. Roads are different then everything else; people impose waiting costs on others without taking them into account; this (...) externalities problem is a market failure that, again, only government can solve. 4. Road privatization is unfair to abutting property owners. In section 3, the paper deals with five objections to, or difficulties with, street and highway privatization: 1. The government has violated “Non-Compete” clauses to protect private investors in roadways. 2. Private industry would find it impossible to discern rational prices for its services. 3. Should public roads be commercialized before being privatized? That is, should the state first charge a price for these services and then privatize, or do the opposite? 4. Road privatization would be a public relations nightmare. How should this be dealt with? (shrink)