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Articles 1 - 7 of 7
Full-Text Articles in Law
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Against The ‘Safety Net’, Matthew Lawrence
Against The ‘Safety Net’, Matthew Lawrence
Matthew B. Lawrence
Jack Kemp and Ronald Reagan originated the ‘safety net’ conception of United States health and welfare laws in the late 1970s and early 1980s, defending proposed cuts to New Deal and Great Society programs by asserting that such cuts would not take away the “social safety net of programs” for those with “true need.” Legal scholars have adopted their metaphor widely and uncritically. This Essay deconstructs the ‘safety net’ metaphor and counsels against its use in understanding health and welfare laws. The metaphor is descriptively confusing because it means different things to different audiences. Some understand the ‘safety net’ as …
The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez
The Mexican Petroleum License Of 2013: A Step To The Past To Bring Mexico Into The Present And The Grounds For An Uncertain Future, Guillermo Garcia Sanchez
Guillermo J. Garcia Sanchez
Petroleum in Mexico is not only a resource that has been used and abused by the State to finance its operations; petroleum runs in the veins of its national identity—oil rigs, barrels, and the State-owned company’s eagle are present in monuments across the nation and featured on coins and circulation bills.Official history books tell the story of how the Mexican revolution was fought partly to regain control of the hydrocarbons sector, which in 1910 was dominated by international oil companies. Consequently, to understand the legal nature of the Mexican petroleum license, one needs to review the history of the constitutional …
Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh
Rethinking Non-Recognition: Taiwan’S New Pivot To Asean And The One-China Policy, Pasha L. Hsieh
Pasha L. HSIEH
No abstract provided.
Rethinking Non-Recognition: Taiwan's New Pivot To Asean And The One-China Policy, Pasha L. Hsieh
Rethinking Non-Recognition: Taiwan's New Pivot To Asean And The One-China Policy, Pasha L. Hsieh
Pasha L. HSIEH
No abstract provided.
Disappropriation, Matthew Lawrence
Disappropriation, Matthew Lawrence
Matthew B. Lawrence
In recent years Congress has repeatedly failed to appropriate funds necessary to honor legal commitments (aka entitlements) that are themselves enacted in permanent law. The Appropriations Clause has forced the government to defy legislative command and break such commitments, with destructive results for recipients and the rule of law. This Article is the first to address this poorly-understood phenomenon, which it labels a form of “disappropriation.”
The Article theorizes recent high-profile disappropriations as one probabilistic consequence of Congress’s decision to create permanent legislative payment commitments that the government cannot honor without periodic, temporary appropriations. Such partially-temporary programs include Medicaid and …
Asian Courts And Lgbt Rights, Holning Lau
Asian Courts And Lgbt Rights, Holning Lau
Holning Lau
Courts have played an integral part in advancing the rights of lesbian, gay, bisexual, and transgender (LGBT) communities in many parts of Asia. For example, Taiwan’s highest court ruled in 2017 that it was unconstitutional to exclude same-sex couples from marriage. As a result, in 2019, Taiwan became the first jurisdiction in Asia to legalize same-sex marriage. Among judicial decisions from Asia, Taiwan’s marriage ruling has gone the furthest in affirming same-sex relationships, but it is not alone in vindicating the rights of gay men, lesbians, and bisexuals. Courts in Asia have also advanced transgender rights. For example, building on …