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Full-Text Articles in Law

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Syma Czapanskiy, Rashida Manjoo Oct 2008

The Right Of Public Participation In The Law-Making Process And The Role Of The Legislature In The Promotion Of This Right, Karen Syma Czapanskiy, Rashida Manjoo

Duke Journal of Comparative & International Law

No abstract provided.


The Study Of Law And India’S Society: The Galanter Factor, Robert Moog Apr 2008

The Study Of Law And India’S Society: The Galanter Factor, Robert Moog

Law and Contemporary Problems

Moog pursues three related themes or lines of inquiry that have marked her own research, the roots of which are to be found in Marc Galanter's earlier works and the broader law-and-society movement. These include, the significance of lower courts, the role of the local bar, and the evolution of alternatives to formal court proceedings all represent essential areas for exploration in the attempt to understand the successes and failures of the Indian justice system.


A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha Apr 2008

A Holistic Vision Of The Socio-Legal Terrain, Brian Z. Tamanaha

Law and Contemporary Problems

Tamanaha discusses Marc Galanter's holistic vision of the socio-legal terrain. Galanter's socio-legal vision has two central overlapping foci, and he always keeps an eye on each and on their interaction. The first focus is the official state legal system, which he examines from every conceivable angle: who becomes lawyers, how are they trained, how many lawyers are there, what are the circumstances of their work environment, who pays for their services. Galanter also focuses on what they are not doing (intentionally or otherwise), inquiring into the implications and consequences of their inaction. These inquiries extend from the official legal system …


Legal Limits On Religious Conversion In India, Laura Dudley Jenkins Apr 2008

Legal Limits On Religious Conversion In India, Laura Dudley Jenkins

Law and Contemporary Problems

In contemporary India, government assessments of the legitimacy of conversions tend to rely on two assumptions: first, that people who convert in groups may not have freely chosen conversion, and second, that certain groups are particularly vulnerable to being lured into changing their religion. These assumptions, which pervade the anticonversion laws as well as related court decisions and government committee reports, reinforce social constructions of women and lower castes as inherently naive and susceptible to manipulation. Here, Jenkins contends to carefully scrutinized the assumptions since like "protective" laws in many other contexts, such laws restrict freedom in highly personal, individual …


Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins Jan 2008

Agenda Power In The Italian Chamber Of Deputies, 1988-2000, Gary W. Cox, William B. Heller, Mathew D. Mccubbins

Faculty Scholarship

We find strong evidence that governing coalitions in Italy exercise significant negative agenda powers. First, governing parties have a roll rate that is nearly zero, and their roll rate is lower than opposition parties’ roll rates, which average about 20% on all final passage votes. Second, we find that, controlling for distance from the floor median, opposition parties have higher roll rates than government parties. These results strongly suggest that governing parties in Italy are able to control the legislative agenda to their benefit. We also document significantly higher opposition roll rates on decree-conversion bills and budget bills that on …