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Articles 1 - 30 of 70
Full-Text Articles in Law
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
The Reactionary Road To Free Love: How Doma, State Marriage Amendments And Social Conservatives Undermine Traditional Marriage, Scott Titshaw
Scott Titshaw
Much has been written about the possible effects on different-sex marriage of legally recognizing same-sex marriage. This article looks at the defense of marriage from a different angle: It shows how rejecting same-sex marriage results in political compromise and the proliferation of “marriage light” alternatives (e.g., civil unions, domestic partnerships, or reciprocal beneficiaries) that undermine the unique status of marriage for everyone. In the process, it examines several aspects of the marriage debate in detail. After describing the flexibility of marriage as it has evolved over time, the article focuses on recent state constitutional amendments attempting to stop further development. …
Adequacy Of Representation In Argentina: Federal Supreme Court’S Case Law, Bills Pending Before Congress And The Preliminary Draft Of A New Civil Code, Francisco Verbic
Adequacy Of Representation In Argentina: Federal Supreme Court’S Case Law, Bills Pending Before Congress And The Preliminary Draft Of A New Civil Code, Francisco Verbic
Francisco Verbic
The paper describes how adequacy of representation has recently arrived to Argentina’s legal system in the field of representative litigation. First of all, in the FederalSupreme Court’s case law. Then, in some bills which are nowadays pending before Congress. Lastly, in the Preliminary Draft of a new Civil Code recently announced by the President and the Chief Justice of the Federal Supreme Court. I take a critical approach towards the issue, particularly because of the little attention paid to such a relevant aspect of representative proceedings
Replacing And Amending Constitutions: The Logic Of Constitutional Change In Latin America, Gabriel L. Negretto
Replacing And Amending Constitutions: The Logic Of Constitutional Change In Latin America, Gabriel L. Negretto
Gabriel L. Negretto
Since 1978, all countries in Latin America have either replaced or amended their constitutions. What explains the choice between these two substantively different means of constitutional transformation? This article argues that constitutions are replaced when they fail to work as governance structures or when their design prevents competing political interests from accommodating to changing environments. According to this perspective, constitutions are likely to be replaced when constitutional crises are frequent, when political actors lack the capacity to implement changes by means of amendments or judicial interpretation, or when the constitutional regime has a power-concentrating design. It is further argued that …
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 …
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Douglas MacLean
The National Human Rights Commission of Korea has operated in the midst of considerable political and governmental opposition since its creation. Heralded early on as the strongest national human rights institute in Asia, the government bureaucracy and conservative political forces have challenged the organization's operation from the very beginning. The inauguration of the Lee administration brought opposition forces into power, bringing drastic cuts and drawing both domestic and international criticism over alleged political interference with the organization's operation. Missing from the political accounts of the situation, however, is an examination of the structural vulnerabilities to government influence built into the …
Toward A Legal Theory Of Finance, Katharina Pistor
Toward A Legal Theory Of Finance, Katharina Pistor
Katharina Pistor
This paper develops the building blocks for a legal theory of finance. LTF holds that financial markets are legally constructed and as such occupy an essentially hybrid place between state and market, public and private. At the same time, financial markets exhibit dynamics that frequently put them in direct tension with commitments enshrined in law or contracts. This is the case especially in times of financial crises when the full enforcement of legal commitments would result in the self-destruction of the financial system. This law-finance paradox tends to be resolved by suspending the full force of law where the survival …
The Law Of Indicators On Women’S Human Rights: Unmet Promises And Global Challenges, Marta Infantino
The Law Of Indicators On Women’S Human Rights: Unmet Promises And Global Challenges, Marta Infantino
Marta Infantino
Global indicators on human rights (HRs) aim to measure HRs scores against HRs standards. In other words, they aim to measure legal phenomena against legal benchmarks.
Despite HRs indicators’ reliance on legal knowledge, lawyers have so far neither made substantial contributions to their production, nor studied in depth the legal implications of their uses. The current state-of-the-art in the world of HRs indicators is the result of an ongoing process led by bureaucrats, economists, statisticians, and activists with limited legal training. It is these actors who are developing a new body of professional knowledge, and a new technology of governance …
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
A Case Study On Burying Alive Of Two Women In Balochistan, Sohail Ahmed Ansari Advocate
Sohail Ahmed Ansari Advocate
Violence against women is present in a variety of forms in Pakistan. From domestic abuse & sexual harassment to child marriages and honour killing; a range of anti-women atrocities are carried out. Pakistani women face systematic discrimination from the day they are born. The patriarchal mindset of society refuses to recognize them as human beings deserving of equality, human rights and justice. Unfortunately in some parts of Balochistan a brutal custom of justice prevails; where the women are treated as trading objects. They are being tried without hearing their cause. They are not allowed to plea their case. They are …
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Migration And Disaster-Induced Displacement: European Policy, Practice, And Perspective, Michael D. Cooper
Michael D. Cooper, Esq.
Over the last decade, a series of devastating natural disasters have killed hundreds of thousands of people, displaced millions, and decimated the built environment across wide regions, shocking the public imagination and garnering unprecedented financial support for humanitarian relief efforts. Some suggest that disaster migration must be supported by the international community, first as an adaption strategy in response to climate-change, and second, as a matter of international protection. This study surveys the current state of law as it relates to persons displaced by natural disaster, with a specific focus on the 27 member states of the European Union plus …
La Experiencia Chilena Disuadiendo Ilícitos Corporativos, Diego G. Pardow
La Experiencia Chilena Disuadiendo Ilícitos Corporativos, Diego G. Pardow
Diego G. Pardow
This paper analyzes the investigations on potential misconducts conducted by the Chilean public enforcer (Superintendencia de Valores y Seguros, “SVS”) between 1990 and 2012. The evidence reveals two groups of problems: on the one hand, the SVS has leaved a substantial region of the market unmonitored; on the other hand, the level of specific deterrence is generally low and relies greatly on indirect mechanisms of punishment. Such results suggest that future reforms should facili- tate private enforcement on both the extensive and the intensive margin. Whereas improving the performance of the SVS on the extensive margin should mitigate its monitoring …
Combatiendo Las “Nulidades-Sorpresa”: El Derecho Fundamental Del Contradictorio En La Perspectiva De La Nulidad Procesal, Renzo Cavani
Combatiendo Las “Nulidades-Sorpresa”: El Derecho Fundamental Del Contradictorio En La Perspectiva De La Nulidad Procesal, Renzo Cavani
Renzo Cavani
No abstract provided.
Négociations Et Accords Précontractuels: Incartades À L'Unité Des Acteurs, Du Lieu Et De L'Action, Nicolas Pierre Marie Kuonen
Négociations Et Accords Précontractuels: Incartades À L'Unité Des Acteurs, Du Lieu Et De L'Action, Nicolas Pierre Marie Kuonen
Nicolas Kuonen
No abstract provided.
Law And Finance In The Context Of Crisis: The Imperative Of Structural Vision, Tamara Lothian
Law And Finance In The Context Of Crisis: The Imperative Of Structural Vision, Tamara Lothian
Tamara Lothian
This piece explores the worldwide response to the recent financial and economic crisis through a comparative analysis of financial crisis, regulation and reform in the US and in several emerging market countries.
Two main ideas inform my argument.
The first idea is the inadequacy of ways of dealing with the crisis that fail to enlist finance more effectively in the service of the real economy, rather than allowing it to serve itself, and that misunderstand globalization as an unyielding constraint on institutional experimentation at home. A wide range of historical and contemporary examples helps make the point.
The second idea …
Towards A New Transition Economics, Katharina Pistor
Towards A New Transition Economics, Katharina Pistor
Katharina Pistor
In these brief comments I take issue with the thesis expressed in Konstantin Sonin’s conference review that economic transition is a thing of the past. To the contrary, I argue that it has only just begun and so has the process of rethinking the economic theories and models that have framed the subfield of transition economics. Specifically, I point out that the many surprises economists have encountered when confronted with the actual results of the transition process reveal deeper flaws in the analytical framework that informs their analyses and policy prescriptions. If protecting theories and models is of first order …
Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes
Some Reflections On Historical Elements In Contemporary Written Constitutions: Selected Examples And A Recent Case In Hungary, Stephan Foldes
Stephan Foldes
Examples of historical law being included in today’s constitutional law are provided by constitutional enactments of the United States, Canada, Sweden, Norway, Belgium, Finland, Luxembourg, Germany, Ireland, France, Turkey, Slovakia, the Czech Republic, and Hungary. Issues of interpretation and application are again raised by a recent case decided in the Constitutional Court of Hungary.
Consumer Class Actions In Argentina And Brazil. Comparative Analysis And Enforcement Of Foreign Judgments, Francisco Verbic
Consumer Class Actions In Argentina And Brazil. Comparative Analysis And Enforcement Of Foreign Judgments, Francisco Verbic
Francisco Verbic
No abstract provided.
What Should We Expect From The Dodd-Frank Bounty Program?, Diego G. Pardow
What Should We Expect From The Dodd-Frank Bounty Program?, Diego G. Pardow
Diego G. Pardow
Among other changes, the Dodd–Frank bounty program substantially increases the size of the rewards. The supporters argue that the program should encourage more players to step in, whereas the critics claim that it would only increase less reliable whistleblowers. This note describes the economic reasoning behind the dispute, attempting to build a reasonable expectation in light of the available empirical data. Although most of the evidence from previous bounty programs sides with the supporter’s theory, it has to be considered that the quantity and quality of whistleblower reporting are not the only relevant factors. Whistleblowers play a key role diversifying …
On The Theoretical Foundations For Regulating Financial Markets, Katharina Pistor
On The Theoretical Foundations For Regulating Financial Markets, Katharina Pistor
Katharina Pistor
How we think about financial markets determines how we regulate them. Since the 1970s modern finance theory has shaped how we think about and regulate financial markets. It is based on the notion that markets are or can be made (more) efficient. Financial markets have been deregulated when they were thought to achieve efficient outcomes on their own; and regulation was designed to lend crutches to them when it appeared that they needed support. While modern finance theory has suffered some setbacks in the aftermath of the global crisis, defenders hold that improving market efficiency should still be the overriding …
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Judicial Re-Use:«Codification» Or Return Of Hegelism? The Comparative Arguments In The “South” Of The World, Prof. Michele Carducci
Michele Carducci Prof.
No abstract provided.
Extract From Christopher Bisping, Conquering The Legal World? The Use Of English In Foreign Courts, European Review Of Private Law (2012) (Peer Reviewed), Citing Tillman & Tillman's A Fragment On Shall And May, Seth Barrett Tillman
Seth Barrett Tillman
This is an extract from Christopher Bisping, Conquering the Legal World? The Use of English in Foreign Courts, 20 Euro. Rev. of Private L. 541, 542 n.2 (2012) (peer reviewed), citing Tillman & Tillman's A Fragment on Shall and May.
[May 27, 2013]
Vendite Online Nei Networks Di Distribuzione Selettiva: Il Caso Pierre Fabre, Valerio Cosimo Romano
Vendite Online Nei Networks Di Distribuzione Selettiva: Il Caso Pierre Fabre, Valerio Cosimo Romano
Valerio Cosimo Romano
No abstract provided.
Real Vs. Imagined Financial Markets The Regulatory Challenge, Katharina Pistor
Real Vs. Imagined Financial Markets The Regulatory Challenge, Katharina Pistor
Katharina Pistor
We have grown accustomed to regulating financial markets based on imagined, not real markets. Real markets are shaped by and co-‐evolve with institutional arrangements within two fundamental constraints: Imperfect knowledge and the threat of illiquidity. Imperfect knowledge implies that the future is unknown and unknowable and that, therefore, investment strategies developed today will need to be revised, if not reversed, when the future arrives. Illiquidity means that it is impossible to convert all claims into cash at any given moment. It follows that when far-‐reaching downward adjustments to past investment strategies become necessary the illiquidity threat manifests itself and can …
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson Jd, Mba
Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson Jd, Mba
Christina C Benson JD, MBA
Finally emerging from decades of conflict and isolation, Iraq has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international economic sanctions, and the protracted process of approving a constitution and forming a new democratically elected government. The nation’s emergence from war, and efforts to build the foundations of stable governance and economic growth, provides a fascinating case study for analyzing new international norms promoting the “rule of law” in post-conflict countries. This paper directly addresses arguments that early legal and economic reforms implemented by the Coalition Provisional Authority (CPA) and the Iraqi Interim Government …
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos
Michael Diathesopoulos
The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.
La Noción De Consumidor En El Código De Protección Y Defensa Del Consumidor, David García
La Noción De Consumidor En El Código De Protección Y Defensa Del Consumidor, David García
David García
This work contains a legal analysis of the notion of consumer in the Peruvian law
回避法定知情权的开放政府——香港政府信息公开制度评析 [Open Government Without A Legislated Right To Know: A Critical Review Of The Access-To-Information Regime In Hong Kong], Yongxi Chen
Clement Yongxi Chen
There is no legislation in Hong Kong protecting freedom of information, or a general right of access to government information to citizens. During the British colonial ear, the Hong Kong Government introduced a non-statutory code of practice, the Code on Access to Information, allowing citizens to request access to information held by the departments and bureaux of the government. The Code remains in force after the return of the sovereignty over Hong Kong to the PRC. The Code endorses the principle of presumption of disclosure, and does not require citizens to provide reasons for seeking access to information. Citizens unsatisfied …
Diversion Of Offenders With Mental Disorders: Mental Health Courts, Sarah Ryan, Darius Whelan
Diversion Of Offenders With Mental Disorders: Mental Health Courts, Sarah Ryan, Darius Whelan
Darius Whelan
At present, if people with mental disorders appear before the criminal courts in Ireland, unless they are unfit for trial or not guilty by reason of insanity, the system governing their case will be the general one which applies to all criminal cases. In recent decades, a number of other common law jurisdictions have begun to set up mental health courts as a means of diverting some people with mental disorders from the criminal justice system and into more appropriate treatment. This article begins with a review of the background to mental health courts, focusing on the concept of diversion …
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
The Basics Of Us Criminal Justice System, Bethel G.A Erastus-Obilo
Bethel G.A Erastus-Obilo
The criminal justice system is complex. It is also bureaucratic by design and has evolved over the years from simple unstructured peacekeeping units to the large complex crime-fighting system that it is today. Many of those who work within it find it challenging and unwieldy. Many of those who are accused of an offense find it confusing and intimidating. This goes for citizens and foreigners whether they are competent in the English language or not. For most members of ethnic minority groups, the experience can be harrowing and often fatal.
Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner
Changes In The European Union's Regime Of Recognizing And Enforcing Judgments And Transnational Litigation In The United States, Samuel P. Baumgartner
Samuel P. Baumgartner
The European Commission has proposed to amend (recast) the Brussels I Regulation, which governs jurisdiction to adjudicate, parallel proceedings, and judgments recognition within the European Union. Although much of the Brussels I Regulation is simply the 1968 Brussels Convention cast into European Union legislation, the proposed amendments are part of a deeper set of structural and conceptual changes in the law of transnational litigation within the Union over the past couple of decades. Understanding these changes is essential to understanding what drives the proposed amendments and what is likely to follow.
In this paper – presented at the symposium Our …