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Volume 64, Issue 1


Public-Private Contracting and the Reciprocity Norm

 By Wendy Netter Epstein | 64 Am. U. L. Rev. 1 (2014)

When governments outsource work to private entities—running prisons and schools, administering state benefits, and the like—they tend to write extremely detailed contracts.  The conventional thinking is that these private entities need to be constrained lest they act opportunistically.  Therefore, governments write contracts that highly specify tasks, contain robust monitoring provisions, and financially reward task compliance.  This detailed contracting approach, viewing agents as selfish, profit-driven, and looking for opportunities to shirk, finds support in both the agency cost and public law literatures.

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To Read or Not To Read: Privacy within Social Networks, the Entitlement of Employees to a Virtual “Private Zone,” and the Balloon Theory

Dr. Shlomit Yanisky-Ravid | 64 Am. U. L. Rev. 53 (2014)

Social networking has increasingly become the most common venue of self-expression in the digital era.  Although social networks started as a social vehicle, they have recently become a major source for employers to track personal data (“screening”) of applicants, employees, or former employees.

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COMMENT: Putting a Hold on ICE: Why Law Enforcement Should Refuse to Honor Immigration Detainers

By Alia Al-Khatib | 64 Am. U. L. Rev. 109 (2014)

Beginning in the 1980s, immigration law began to place greater emphasis on noncitizens’ past criminal convictions as grounds for deportation.  This shift led to the deportation of many noncitizens with strong ties to the United States.  In its effort to deport noncitizens with criminal convictions, the Department of Homeland Security (DHS) has developed various programs through which local law enforcement can partner with Immigration and Customs Enforcement (ICE).

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NOTE: Beyond Puffery: Providing Shareholder Assurance of Societal Good Will in Crowdfunded Benefit Corporations

By Kevin Ercoline | 64 Am. U. L. Rev.  169 (2014)

Going “green” has become a very big business.  Companies are filling the store shelves with environmentally conscious, eco-friendly alternatives.  The organic food market has shown the strongest “green” growth with revenue increasing 238% from 2002 to 2011 as compared with an overall food market revenue growth of only 33% during the same period.  Whole Foods, a leader in organic products, saw its stock price rise from $4.27 in late 2008 to $51.55 as of the first quarter of 2014.  This surging growth, coupled with consumers’ admitted willingness to pay a premium for “green” products, naturally explains why big corporate players are trying to establish market share in the “green” market. 

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