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Articles 1 - 5 of 5
Full-Text Articles in Jurisdiction
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
The Legal And Practical Aspects Of Atm's In Tanzania, Daudi Mwita Nyamaka Mr.
Daudi Mwita Nyamaka Mr.
The concern of our study was to examine the legal and practical aspects of ATMs in Tanzania. The major problems that were being examined are; the 24 hours operation on ATMs vis-à-vis system failure or error and the system of one bank allowing cardholders of another bank to use its ATMs. With the first problem, all banks in Tanzania with ATMs have attractive advertisements to customers that affirm sufficient services in any time of the day but in reality, the machines usually fail to respond the instructions of the cardholder regardless the fact that the cardholder inserts the card and …
Brief For Nicholas Deb. Katzenbach Et Al. As Amici Curiae, Northwest Austin Municipal Utility District No. 1 V. Holder, Samuel R. Bagenstos
Brief For Nicholas Deb. Katzenbach Et Al. As Amici Curiae, Northwest Austin Municipal Utility District No. 1 V. Holder, Samuel R. Bagenstos
Samuel R Bagenstos
Along with three lawyers from Arnold & Porter, I filed this brief on behalf of former Attorney General Nicholas Katzenbach, four former Assistant Attorneys General for Civil Rights (two from Democratic administrations, two from Republican administrations) and two former senior career officials in the Civil Rights Division of the United States Department of Justice. The brief defends the constitutionality of Congress's 2006 amendments to the Voting Rights Act.
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Deliberative Democracy And Weak Courts: Constitutional Design In Nascent Democracies, Edsel F. Tupaz
Edsel F Tupaz
This Article addresses the question of constitutional design in young and transitional democracies. It argues for the adoption of a “weak” form of judicial review, as opposed to “strong” review which typifies much of contemporary adjudication. It briefly describes how the dialogical strain of deliberative democratic theory might well constitute the normative predicate for systems of weak review. In doing so, the Article draws from various judicial practices, from European supranational tribunals to Canadian courts and even Indian jurisprudence. The Article concludes with the suggestion that no judicial apparatus other than the weak structure of judicial review can better incite …
Federalism At The Cathedral: Property Rules, Liability Rules, And Inalienability Rules In Tenth Amendment Infrastructure, Erin Ryan
Erin Ryan
As climate change, war in the Middle East, and the price of oil focus American determination to move beyond fossil fuels, nuclear power has resurfaced as a possible alternative. But energy reform efforts may be stalled by an unlikely policy deadlock stemming from a structural technicality in an aging Supreme Court decision: New York v. United States, which set forth the Tenth Amendment anti-commandeering rule and ushered in the New Federalism era in 1992. This dry technicality also poses ongoing regulatory obstacles in such critical interjurisdictional contexts as stormwater management, climate regulation, and disaster response. Such is the enormous power …
The Failure Of Adversary Process In The Administrative State, Bryan T. Camp
The Failure Of Adversary Process In The Administrative State, Bryan T. Camp
Bryan T Camp
In a series of hearings in 1997 and 1998, Congress heard allegations that the Internal Revenue Service (“IRS” or “Service”) was abusing taxpayers during the process of collecting taxes. The resulting distrust of the tax bureaucracy led Congress to create a special adversary proceeding providing for judicial review of IRS collection decisions. The proceeding is beguilingly titled “Collection Due Process” (and commonly referred to as “CDP”). My study of CDP’s structure, operation, and of 976 court decisions issued through the end of 2006 demonstrates that it has failed to fulfill its promise. Of the over 15 million collection decisions made …