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Articles 1 - 30 of 37
Full-Text Articles in Law
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman
Simon Chesterman
This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …
Table Annexed To Article: “The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist,”, Peter Aschenbrenner
Table Annexed To Article: “The Idea Of Freedom Might Be Too Great A Temptation For Them To Resist,”, Peter Aschenbrenner
Peter J. Aschenbrenner
In Dred Scott v. Sandford, 60 U.S. 393 (1857), the Supreme Court passed up a chance to thread George Washington’s experience in transporting household staff across state lines; Washington obeyed Pennsylvania’s predicate: that a human being held to slavery in one state became free after six months in Pennsylvania. Since the features of this species of mobilia varied with the jurisdiction, the Supreme Court should have taken this landscape into account. George Washington did not import, with his household workers, ‘rules and understandings’ from Virginia.
The Role Tax Preparers Play In Taxpayer Compliance - An Empirical Investigation With Policy Implications, Sagit Leviner Dr.
The Role Tax Preparers Play In Taxpayer Compliance - An Empirical Investigation With Policy Implications, Sagit Leviner Dr.
Sagit Leviner Dr.
In January 2010, the IRS published its Return Preparer Review Final Report, recommending extensive increases in oversight of the tax return preparer industry. The IRS suggests achieving these increases in oversight through numerous measures, including preparer registration, competency testing, continuing professional education, ethical standards, and enforcement. Effective August, 2011, new paid preparer regulation requires all tax return preparers who offer their services for a fee to register and obtain a unique Preparer Tax Identification Number (PTIN) that must be used to sign all returns they prepare. Given that additional preparer regulation is expected to come into effect within the next …
The Parable Of The Generous Pasha (And The Presumption Of Rejection), Peter Aschenbrenner
The Parable Of The Generous Pasha (And The Presumption Of Rejection), Peter Aschenbrenner
Peter J. Aschenbrenner
How can assemblies, that is, gatherings in venue, take action? Whether writing rules or taking decisions, assemblies oblige themselves to follow procedures; those assembled must prove that three presumptions of rejection have been overcome. A Pasha learns this lesson when he offers a gift to his people: Process matters. The Grand Vizier survives the lesson, proving that a sense of humor also matters.
Table Annexed To Article: Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter Aschenbrenner
Table Annexed To Article: Mr. Taney’S ‘Capital Gap’: Charting The Growth Of The Federal Colony System, 1789-1960, Peter Aschenbrenner
Peter J. Aschenbrenner
When Chief Justice Roger Taney conceded the existence of ‘colonies … established and maintained’ by the federal government, albeit denying ‘power given’ in the Constitution, he had the corpus of American history to contend with. The ‘capital gap,’ as OCL defines it, supplies several measures: the balance of power between regions, the remaining inventory of nascent (ready to be made) states (=territories), the remaining inventory of available territories in gross or subdividable, and for the latter two, the net of these inventories on a regional basis. Taney’s opinion, in this fourth in a series, rises or falls on the historical …
Chart Annexed To Article: The War Between The Stats: An Introduction To Taney’S Regrets, Peter Aschenbrenner
Chart Annexed To Article: The War Between The Stats: An Introduction To Taney’S Regrets, Peter Aschenbrenner
Peter J. Aschenbrenner
The decade of the 1850’s, leading up to Dred Scott v. Sandford, 60 U.S. 393 (1857), saw Americans debate the ‘war between the stats.’ OCL presents the third in its series of articles analyzing the mathematical logic of new state-making. Taney’s focus on the war between the stats explains Dred Scott, OCL suggests, as much as his inveterate racism, and, therefore, grounds any scholarly explanation of the coming war between the states.
Chart Annexed To Article: Crafting The Northwest Ordinance: Tracking The Paths Of Four Delegates, Peter Aschenbrenner
Chart Annexed To Article: Crafting The Northwest Ordinance: Tracking The Paths Of Four Delegates, Peter Aschenbrenner
Peter J. Aschenbrenner
Tracking Paths of Four Men Who were Delegates and attendees at both the 1787 Federal Convention and the 1787 Session of the Continental / Confederation Congress, when combined with internal quorum requirements of the Congress, yields significant information about the adoption of the Northwest Ordinance. First in a series.
El Precedente En El Tribunal Constitucional: ¿Doctrina Judicial O Compromiso Con Votos Particulares?, Sergio Verdugo Sverdugor@Udd.Cl, Nicolás Galli
El Precedente En El Tribunal Constitucional: ¿Doctrina Judicial O Compromiso Con Votos Particulares?, Sergio Verdugo Sverdugor@Udd.Cl, Nicolás Galli
Sergio Verdugo R.
Se propone una metodología para evaluar la predictibilidad de las sentencias del Tribunal Constitucional considerando la coherencia experimentada en los votos individuales de sus ministros. Tomando algunos casos considerados especialmente relevantes por especialistas consultados, y observando que los ministros disidentes no suelen modificar sus posiciones para seguir las posiciones de la mayoría en casos futuros, se concluye que la mantención de las doctrinas del Tribunal Constitucional dependerá en gran medida de la composición del mismo, y no solamente de lo que se haya expresado en sentencias precedentes.
Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner
Table Annexed To Article: Mr. Madison Speaks Out: Re-Creation Text Sourced From The Farrand Survey And Detached Memoranda, Peter Aschenbrenner
Peter J. Aschenbrenner
The text of James Madison�s Letters from Farrand�s Volume III are analyzed along with Madison�s �Detached Memoranda,� his constitutional testament.
Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner
Table Annexed To Article: Madison’S Top Twenty Words In Farrand And The Detached Memoranda,, Peter Aschenbrenner
Peter J. Aschenbrenner
Abstract. Madison’s entries in Farrand after 1817, his Detached Memoranda, and his essays in The Federalist Papers are analyzed for word frequencies.
Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía
Radiography To The Chilean Human Rights Institution: Between Law And Politics, Sergio Verdugo Sverdugor@Udd.Cl, José Francisco Garía
Sergio Verdugo R.
The article examines the fundamental recommendations for the national human rights institutions (NHRI) to function with proper autonomy against the state and, also, against NGOs that try to capture the commission´s agenda. The authors analyse the institutional design of the Chilean Human Rights Institution (INDH) and evaluates the profile and the nomination process of its membership. The paper provides evidence that demonstrates that the INDH´s research agenda is associated with a partial political view. Then, the authors suggest certain changes to strengthen the independence of the INDH.
The Logic Of Aspirations: Dual Office Holding / Status Acquisition Issues, Continued, Peter Aschenbrenner
The Logic Of Aspirations: Dual Office Holding / Status Acquisition Issues, Continued, Peter Aschenbrenner
Peter J. Aschenbrenner
Constitutional and customary prohibitions on (a) dual office holding in government or (b) acquisition of status – along with other requirements, typically with conditions – are commonplace. Those seeking to acquire an office or enjoy a status are obliged to conform their aspirations to these rules, the logic of which is explored.
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Workshop Text For Powerpoint: Unanimous Decisions Of The Supreme Court, Peter Aschenbrenner
Peter J. Aschenbrenner
How can we explain so many unanimous decisions if justices of the United States Supreme Court are appointed by Presidents with different philosophies? Far more unanimous decisions occured in the interval 2000-2010 that would result from random decision-making.
Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner
Bentham Mocks The Declarations: ‘Every Law … Is Void', Peter Aschenbrenner
Peter J. Aschenbrenner
Jeremy Bentham famously savaged American declarations of rights, beginning with the Declaration of Independence. What irked him? If individuals had rights that government was bound to honor, then philosophy was obligated to address the conflict between the two. Settle it? Too ambitious. Ignore it? Too lazy. The consequences of Bentham’s unwillingness to survey American constitutions and legislation (using his own tools) are surveyed.
‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
The Early Constitution deploys, in dramatically different fashion, ‘which,’ ‘who,’ ‘whose,’ ‘what,’ ‘whatsoever,’ ‘whatever,’ ‘when’ and ‘whenever.’ Some but not all of these signal and connect/organize subordinate clauses. Results are surveyed and tabled.
What Happened On July 6, 1787 And Why It Matters, Peter Aschenbrenner
What Happened On July 6, 1787 And Why It Matters, Peter Aschenbrenner
Peter J. Aschenbrenner
The first Standing Order of the Philadelphia convention provided for per stirpes voting, that is, voting by state, but set the quorum requirement at seven and the action requirement at four, that is, an arithmetic majority/majority. Divided states (delegates equal in number on each side of a question) were counted towards the quorum requirement. The significance of a disputed vote on July 6 is explained.
Table Annexed To Article: ‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Table Annexed To Article: ‘Which’ And Its Lexical And Semantic Relations In The Early Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
The Early Constitution deploys, in dramatically different fashion, ‘which,’ ‘who,’ ‘whose,’ ‘what,’ ‘whatsoever,’ ‘whatever,’ ‘when’ and ‘whenever.’ Some but not all of these signal and connect/organize subordinate clauses. Results are surveyed and tabled.
Table Annexed To Article: Hamilton And Madison’S Semantic Armageddon In Machine-Readable Text, Peter Aschenbrenner
Table Annexed To Article: Hamilton And Madison’S Semantic Armageddon In Machine-Readable Text, Peter Aschenbrenner
Peter J. Aschenbrenner
Abstract: In four writings (December and February, 1791) Hamilton and Madison disputed the constitutionality of the proposed (First) Bank of the United States. All four appear in machine-readable text (with article to follow); the reader can search on ‘constitution-‘ and evaluate for herself how the writers guide constitution = text, constitution = government or leave the choice to the reader.
Argumentación Constitucional, Leonardo García Jaramillo
Argumentación Constitucional, Leonardo García Jaramillo
Leonardo García Jaramillo
No abstract provided.
Table Annexed To Article: Who's Got Bragging Rights, Peter Aschenbrenner
Table Annexed To Article: Who's Got Bragging Rights, Peter Aschenbrenner
Peter J. Aschenbrenner
The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialed their delegations to the federal convention. A surprise winner is announced.
Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner
Table Annexed To Article: Ages Of The Delegates At The Federal Convention, Peter J. Aschenbrenner
Peter J. Aschenbrenner
Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, the median in age was Oliver Ellsworth of Connecticut, thirty-two years old. The delegate with the median remaining life span was Jacob Broom of Delaware (thirty-three years). The early arrivers were neither older nor younger than the others. Nor were they marked down for a shorter or longer remaining lifespan.
Who's Got Bragging Rights: Delaware Or New Hampshire Or -- ?, Peter Aschenbrenner
Who's Got Bragging Rights: Delaware Or New Hampshire Or -- ?, Peter Aschenbrenner
Peter J. Aschenbrenner
The order in which the original thirteen states ratified the Federal Constitution can be compared with the order in which the twelve states credentialed their delegations to the federal convention. A surprise winner is announced.
Chart Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter Aschenbrenner, David Kimball
Chart Annexed To Article: Delegate Arrivals In Philadelphia Compared To Voting Records, Peter Aschenbrenner, David Kimball
Peter J. Aschenbrenner
Fifty-five delegates were appointed by twelve states to attend the federal convention in May, 1787. Eleven states ratified the Constitution between December 7, 1787 and July 26, 1788. When delegate arrival dates are compared with the order in which their respective state ratification conventions completed their business, a significant number of delegates supporting the constitution are missing in action.
Table Annexed To Article: Dual Office Holding And Status Acquisition Requirements/Prohibitions In The Federal Constitution, Peter Aschenbrenner
Table Annexed To Article: Dual Office Holding And Status Acquisition Requirements/Prohibitions In The Federal Constitution, Peter Aschenbrenner
Peter J. Aschenbrenner
The federal constitution addresses a number of situations in which an aspirant to office or status must abide by requirements/prohibitions regarding dual office holding and status acquisition. The pertinent provisions are reviewed and logical aspects of this issue are introduced.
'Fast And Fourteen': Delegates Who Left The Federal Convention Early, Peter Aschenbrenner
'Fast And Fourteen': Delegates Who Left The Federal Convention Early, Peter Aschenbrenner
Peter J. Aschenbrenner
Of the fifty-five delegates who attended the federal convention at Philadelphia in 1787, fourteen left before the constitution concluded its business on September 17, 1787. Their voting records disclose that, just like those early arrivers who supported the Constitution, early leavers who opposed the Constitution were overwhelmed by the number of supporters who departed.
Gender, Power And Justice: An Ethnographic Study Of A Union Parishad-Led Arbitration Councils In Rural Bangladesh, Zahidul Islam Biswas
Gender, Power And Justice: An Ethnographic Study Of A Union Parishad-Led Arbitration Councils In Rural Bangladesh, Zahidul Islam Biswas
Dr. Zahidul Islam
In 2012, I obtained my PhD degree from the Centre for the Study of Law and Governance, Jawaharlal Nehru University, New Delhi, India, for my thesis entitled ‘Gender, Power and Justice: An Ethnographic Study of a Union Parishad-led Arbitration Councils in Rural Bangladesh’. This study explores the gender and power aspects in the decision making in a rural justice system in Bangladesh, which has a great impact on the lives of the poor and disadvantaged rural population of the country. Here is chapter six of the thesis, which contains the summary and conclusions of the study. Readers and scholars may …
Webs Of Faith As A Source Of Reasonable Disagreement, Gregory Brazeal
Webs Of Faith As A Source Of Reasonable Disagreement, Gregory Brazeal
Gregory Brazeal
Contemporary political theorists and philosophers of epistemology and religion have often drawn attention to the problem of reasonable disagreement. The idea that deliberators may reasonably persist in a disagreement even under ideal deliberative conditions and even over the long term poses a challenge to the common assumption that rationality should lead to consensus. This essay proposes a previously unrecognized source of reasonable disagreement, based on the notion that an individual's beliefs are rationally related to one another in a fabric of sentences or web of beliefs. The essay argues that an individual's beliefs may not form a single, seamless web, …
Is Plea Bargaining In The "Shadow Of Trial" A Mirage?, Allison D. Redlich
Is Plea Bargaining In The "Shadow Of Trial" A Mirage?, Allison D. Redlich
Allison D Redlich
No abstract provided.
Is Diversion Swift?: Comparing Mental Health Court And Traditional Criminal Justice Processing, Allison D. Redlich, Siyu Liu, Henry J. Steadman, Lisa Callahan, Pamela C. Robbins
Is Diversion Swift?: Comparing Mental Health Court And Traditional Criminal Justice Processing, Allison D. Redlich, Siyu Liu, Henry J. Steadman, Lisa Callahan, Pamela C. Robbins
Allison D Redlich
No abstract provided.
Voluntary, Knowing, And Intelligent Pleas: Understanding Plea Inquiries, Allison D. Redlich
Voluntary, Knowing, And Intelligent Pleas: Understanding Plea Inquiries, Allison D. Redlich
Allison D Redlich
No abstract provided.