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Market Mechanisms In Environmental Law, Sanja Bogojevic 2016 Lund University

Market Mechanisms In Environmental Law, Sanja Bogojevic

Sanja Bogojević

No abstract provided.


Freedom Of Contract Under State Supervision.Pdf, Hao Jiang 2016 Tulane Law School

Freedom Of Contract Under State Supervision.Pdf, Hao Jiang

Hao Jiang Esq.

This study investigates the theoretical obstacles freedom of contract brings to an economy where state ownership is pervasive while the market is not sufficiently competitive such as China. Contrary to the arguments made by existing literatures that attributed all the conflicts of interest between state and private investors and related agency problems to the state ownership and dual role of state as a regulator and market player, and that adoption of unitary treatments to state and private ownerships alike as the solution, I attribute most of the obstacles in the contract law theories to the absence of a free market ...


Books Recieved, Georgia Journal of International and Comparative Law 2016 University of Georgia School of Law

Books Recieved, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill 2016 Fordham University School of Law

Recovering Judicial Integrity: Toward A Duty-Focused Disqualification Jurisprudence Based On Jewish Law, Shlomo Pill

Fordham Urban Law Journal

No abstract provided.


Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner 2016 University of Lapland

Climate Change Effects On Snow Conditions And The Human Rights Of Reindeer Herders, Stefan Kirchner

Pace Environmental Law Review

By ignoring the needs of indigenous livelihoods, traditional forms of land use that have long been sustainable, new forms of land use and the construction of infrastructure threaten the right of indigenous peoples to engage in traditional livelihoods. It is the aim of this article to analyze the rights of indigenous peoples in the context of primary and secondary effects of climate change. For the purposes of this paper, the term “primary effects” will be used to describe immediate effects of climate change. This includes temperatures which move around freezing instead of being solidly below freezing.

Primary effects of climate ...


Living To Fight Another Day: Judicial Deferral In Defense Of Democracy, Rosalind Dixon, Samuel Issacharoff 2016 University of New South Wales Faculty of Law

Living To Fight Another Day: Judicial Deferral In Defense Of Democracy, Rosalind Dixon, Samuel Issacharoff

New York University Public Law and Legal Theory Working Papers

Even many years after Marbury v. Madison, and even in the face of the spread of aggressive constitutional court review in democracies around the world, the ability of courts to assert their authority against the political branches continues to demand explanation. Especially in newly minted democracies, and most so in countries emerging from authoritarian rule, how courts can engage the misuse of state power remains a bit of a mystery. This Article examines the hitherto under-studied phenomenon of judicial deferral as providing some insight into how courts acquire the institutional capacity to engage in robust judicial review and, in particular ...


Islam And The Sharia In The Mujahideen Draft Constitution Of Afghanistan .Pdf, Shamshad Pasarlay 2016 University of Washington - Seattle Campus

Islam And The Sharia In The Mujahideen Draft Constitution Of Afghanistan .Pdf, Shamshad Pasarlay

Shamshad Pasarlay

Since 1923, when Afghanistan adopted its first Constitution under the reign of Amir Amanullah Khan, the country has drafted and adopted ten constitutions (including the 1993 draft constitutions prepared by the Sunni and the Shi’ite mujahideen parties). Islam features prominently in all Afghan constitutions, except perhaps in the Interim Constitution of 1980 drafted and adopted when the Soviet had occupied Afghanistan. In studying the constitutions of Afghanistan in the 20th century, two factors are apparent. The constitutional process operates in two divergent directions; on one hand, it moves towards initiating modern reforms and on the other hand it preserves ...


Mapping Chinese Trusts With A Patrimony Compass, Thomas Simmons 2016 University of South Dakota School of Law

Mapping Chinese Trusts With A Patrimony Compass, Thomas Simmons

Tom E. Simmons

Review of: Kai Lyu, Re-Clarifying China's Trust Law: Characteristics and New Conceptual Basis, 36 Loy. L.A. Int'l & Comp. L. Rev. 447 (2015).


From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, yehezkel Margalit 2016 SelectedWorks

From Baby M To Baby M(Anji): Regulating International Surrogacy Agreements, Yehezkel Margalit

Hezi Margalit

In 1985, when Kim Cotton became Britain’s first commercial surrogate mother, Europe was exposed to the issue of surrogacy for the first time on a large scale. Three years later, in 1988, the famous case of Baby M drew the attention of the American public to surrogacy as well. These two cases implicated fundamental ethical and legal issues regarding domestic surrogacy and triggered a fierce debate about motherhood, child-bearing, and the relationship between procreation, science and commerce. These two cases exemplified the debate regarding domestic surrogacy - a debate that has now been raging for decades. Contrary to the well-known ...


The Theory And Doctrine Of Unconstitutional Constitutional Amendment In Canada, Richard Albert 2016 Boston College Law School

The Theory And Doctrine Of Unconstitutional Constitutional Amendment In Canada, Richard Albert

Richard Albert

It has become increasingly common for courts in constitutional democracies to invalidate constitutional amendments. Courts have enforced both written and unwritten limits on how political actors may exercise the formal amendment power. They have relied either on constitutional texts that expressly entrench provisions against formal amendment or on their own interpretation of these texts as implicitly establishing an unalterable constitutional core. Although the Supreme Court of Canada has not yet invalidated a constitutional amendment, modern case law provides the constitutional basis for the Court to declare that a future constitutional amendment violates either the text or spirit of the Constitution ...


Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. HSIEH 2016 Singapore Management University

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. Hsieh

No abstract provided.


The Theory And Doctrine Of Unconstitutional Constitutional Amendment In Canada, Richard Albert 2016 Boston College Law School

The Theory And Doctrine Of Unconstitutional Constitutional Amendment In Canada, Richard Albert

Boston College Law School Faculty Papers

It has become increasingly common for courts in constitutional democracies to invalidate constitutional amendments. Courts have enforced both written and unwritten limits on how political actors may exercise the formal amendment power. They have relied either on constitutional texts that expressly entrench provisions against formal amendment or on their own interpretation of these texts as implicitly establishing an unalterable constitutional core. Although the Supreme Court of Canada has not yet invalidated a constitutional amendment, modern case law provides the constitutional basis for the Court to declare that a future constitutional amendment violates either the text or spirit of the Constitution ...


Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler, Keidra Chaney, Raizel Liebler 2015

Why K-Pop Will Continue To Dominate Social Media: Jenkins' Convergence Culture In Action, Keidra Chaney, Raizel Liebler, Keidra Chaney, Raizel Liebler

Raizel Liebler

YouTube’s first music awards surprised many mainstream music fans in 2013, when the Korean pop (“K-pop”) group Girls’ Generation beat out many U.S. pop music stars for Video of the Year (Yang, 2013). In 2015, the fans of K-pop group T-ara won Billboard’s Fan Army Face-Off, beating out the fans of well-established Western artists like One Direction and Beyoncé (“Fan Army,” 2015). The matchup against One Direction led to the globally trending hashtag on Twitter, #WeLove1DandKpop (“Fan Army,” 2015). While some U.S. critics and Western music fans may see these events as flukes, there is a ...


(De)Liberalizing Judicial Independence In Egypt (Forthcoming 2016), Sahar F. Aziz, Sahar F. Aziz 2015 Texas A&M University School of Law

(De)Liberalizing Judicial Independence In Egypt (Forthcoming 2016), Sahar F. Aziz, Sahar F. Aziz

Sahar F. Aziz

The January 25th Egyptian revolution was initiated in the public square and defeated in the courts. In the months following the forced resignation of longtime president Hosni Mubarak, a protracted power struggle ensued between a people demanding self-governance and a chronically authoritarian regime. As the various stakeholders within the “deep state” realized their political disadvantage in mass street mobilizations by youth activists and opposition groups, they strategically transferred the conflict to the courts. Cognizant of Mubarak’s success in co-opting significant portions of the judiciary, the military-led interim government trusted the judges to deploy thin notions of rule of law ...


A New Era For Energy In Mexico? The 2013-14 Energy Reform, Tim Samples 2015 University of Georgia

A New Era For Energy In Mexico? The 2013-14 Energy Reform, Tim Samples

Tim R Samples

The 2013-14 Energy Reform is arguably Mexico’s most significant structural change in the last fifty years. As the fiscal backbone of the Mexican state, the energy sector is critically important to Mexico’s future. But the outcome of the Energy Reform also has powerful implications for North America and global energy markets. This article analyzes key legal issues in Mexico’s current Energy Reform, with a particular emphasis on newly established contracting frameworks for private investment. In doing so, this article considers Mexico’s approach within the greater context of natural resource development priorities around the world, which often ...


Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After The U.S. Jobs Act, Chang-hsien Tsai 2015 Institute of Law for Science & Technology, National Tsing Hua University

Legal Transplantation Or Legal Innovation? Equity-Crowdfunding Regulation In Taiwan After The U.S. Jobs Act, Chang-Hsien Tsai

Chang-hsien (Robert) TSAI

Crowdfunding has caused a worldwide revolution in startup financing in recent years. Equity-based crowdfunding (“EC”) is still highly regulated in Taiwan, although it was authorized under Title III of the JOBS Act in the United States (the so-called “Crowdfund Act”) in 2012. Notably, in January 2014, Taiwan’s government created the “Go Incubation Board for Startup and Acceleration” (GISA), a government-sanctioned public EC platform run by a government-controlled foundation, the GreTai Securities Market (GTSM). Another breakthrough in Taiwan’s crowdfunding regulatory pattern at the end of April 2015 was the authorization of private portals to administer EC by promulgating the ...


Do Specialized Courts Make A Difference? Evidence From Brazilian State Supreme Courts, Carolina Arlota, Nuno Garoupa 2015 University of Oklahoma Norman Campus

Do Specialized Courts Make A Difference? Evidence From Brazilian State Supreme Courts, Carolina Arlota, Nuno Garoupa

Nuno Garoupa

Specialized courts have been a panacea of legal reform in Europe in the last ten to twenty years. Few studies have studied their performance and alleged advantages. This paper considers a particularly interesting example. It explores possible variations in terms of constitutional review across Brazilian state supreme courts. We focus on possible differences between decisions made by a non-specialized court en banc or by a specialized court panel (órgão especial), the latter being frequent in the larger states. An original dataset was constructed by the authors to empirically explore this question. The dataset considered 630 cases of abstract review judged ...


History Of Law And Economics, Kristoffel Grechenig, Martin Gelter 2015 Fordham University

History Of Law And Economics, Kristoffel Grechenig, Martin Gelter

Kristoffel Grechenig

The roots of law & economics lie in late 19th century continental Europe. However, this early movement did not persist, having been cut off in the 1930s. After World War II, modern law & economics was (re-)invented in the United States and subsequently grew into a major field of research at U.S. law schools. In continental Europe, law & economics was re-imported as a discipline within economics, driven by economists interested in legal issues rather than by legal scholars. Hence, the European discourse was more strongly influenced by formal analysis, using mathematical models. Today, research in the U.S., Europe, and ...


Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad Marzen, William Woodyard 2015 Florida State University

Catholic Social Teaching, The Right To Immigrate And The Right To Regulate Borders: A Proposed Solution For Comprehensive Immigration Reform Based Upon Catholic Social Principles, Chad Marzen, William Woodyard

Chad G. Marzen

In the past decade, policymakers from various perspectives have discussed and debated proposals to reform America’s immigration system. This article discusses not only the history of the Catholic legal and intellectual tradition’s contribution to social teaching on the issue of immigration, but emphasizes the development of two strands of Catholic thought: the right to immigrate, and the right to regulate borders. Applying the Catholic legal and intellectual tradition, this article provides a proposal for immigration reform that incorporates key tenets of Catholic social thought.


An Empirical Analysis Of Constitutional Review Voting In The Polish Constitutional Tribunal, 2003-2014, Jarosław Kantorowicz, Nuno Garoupa 2015 Texas A & M University Law School

An Empirical Analysis Of Constitutional Review Voting In The Polish Constitutional Tribunal, 2003-2014, Jarosław Kantorowicz, Nuno Garoupa

Nuno Garoupa

Different theories have been developed, mainly in the context of the United States, to explain judicial decision-making. In this respect, there is an important ongoing debate over whether judges are guided by the law or by personal ideology. The analysis of the decision-making in the Polish Constitutional Tribunal seems to support the existence of some party alignment. It is to say that judicial behavior is influenced by the ideology, either because judges’ preferences coincide with the interests of a specific party or because the judges are incentivized to show their loyalty to a party. Party alignment exists but subject to ...


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