Lok Sabha Vs Rajya Sabha: Government Needs Legislative, Not Just Administrative, Majority, 2014 City University of Hong Kong
Lok Sabha Vs Rajya Sabha: Government Needs Legislative, Not Just Administrative, Majority, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Past Expiry: The Tenuous Grounds For Re-Promulgating Ordinances, 2014 City University of Hong Kong
Past Expiry: The Tenuous Grounds For Re-Promulgating Ordinances, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Repromulgation Game, 2014 City University of Hong Kong
Collegium 2.0: How Should India Appoint Its Judges, 2014 SMU School of Law
Collegium 2.0: How Should India Appoint Its Judges, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Words And Worth: Why Narendra Modi Need Not Retake His Prime Ministerial Oath, 2014 City University of Hong Kong
Words And Worth: Why Narendra Modi Need Not Retake His Prime Ministerial Oath, Shubhankar Dam
Shubhankar Dam
No abstract provided.
Constitution And Social Security In Brazil:Resumption And A Step Forward, 2014 Western University of Santa Catarina State (UNOESC); University Positivo School of Law
Constitution And Social Security In Brazil:Resumption And A Step Forward, Carlos Luiz Strapazzon
Carlos Luiz Strapazzon
The Brazilian system of social security rights might be understood from four diferents stages. Three of them yet experienced and one still under development. The first one is the legislative model of pension rights and health rights from the pre-constitutional period. The second one is the constitutional design for social security rights, as set forth by the National Constituent Assembly (1987-88). The third is a liberal model regulating the constitutional rights during the nineties. The fourth is the social security human rights oriented model which is still under development, based upon political critics to the third model and underpinned upon …
Regulating Drones Under The First And Fourth Amendments, 2014 University of Oklahoma College of Law
Regulating Drones Under The First And Fourth Amendments, Stephen E. Henderson, Joseph Thai, Marc Jonathan Blitz, James Grimsley
Stephen E Henderson
The FAA Modernization and Reform Act of 2012 requires the Federal Aviation Administration to integrate unmanned aerial vehicles (UAVs), or drones, into the national airspace system by September of this year. Yet perhaps because of their chilling accuracy in targeted killings abroad, perhaps because of an increasing consciousness of diminishing privacy more generally, and perhaps simply because of a fear of the unknown, divergent UAV-restrictive legislation has been proposed in Congress and enacted in a number of states. Ultimately, given UAV utility and cost effectiveness over a vast range of tasks, widespread commercial use seems certain. So it is imperative …
Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, 2014 Trinity College Dublin
Pregnancy As A ‘Personal Circumstance’? A Case Study Of Equality Jurisprudence Under The Canadian Charter Of Rights, Mel Cousins
Mel Cousins
This article examines the recent decision of the Federal Court of Appeal in Miceli-Riggins v Attorney General of Canada as an example of the approach which the Canadian courts are taking to the interpretation of s. 15 of the Charter of Rights (in the area of social benefits) following the Supreme Court’s recent attempts to ‘restate’ that law in a series of cases. It argued that, whatever the intention of the Supreme Court, the restatement of the law has created general confusion in the lower courts and tribunals. In addition, in cases concerning social benefits, the Court’s statements, in cases …
A Quantum Congress, 2014 Charleston School of Law
A Quantum Congress, Jorge R. Roig
Jorge R Roig
Proportionality And The Relevance Of Rights, 2014 Penn State Law
Proportionality And The Relevance Of Rights, Jud Mathews
Jud Mathews
Recensión A "José María Morales Arroyo (Dir.): Recurso De Amparo, Derechos Fundamentales Y Trascendencia Constitucional (El Camino Hacia La Objetivación Del Amparo Constitucional En España), Aranzadi, Cizur Menor, 2014, 483 Páginas", 2014 Junior researcher/Fellow assistant of the University of Murcia
Recensión A "José María Morales Arroyo (Dir.): Recurso De Amparo, Derechos Fundamentales Y Trascendencia Constitucional (El Camino Hacia La Objetivación Del Amparo Constitucional En España), Aranzadi, Cizur Menor, 2014, 483 Páginas", Germán M. Teruel Lozano
Germán M. Teruel Lozano
No abstract provided.
Religious Institutionalism, Implied Consent And The Value Of Voluntarism, 2014 Pepperdine University
Religious Institutionalism, Implied Consent And The Value Of Voluntarism, Michael A. Helfand
Michael A Helfand
Increasingly, clashes between the demands of law and aspirations of religion center on the legal status and treatment of religious institutions. Much of the rising tensions revolving around religious institutions—exemplified by recent Supreme Court decisions such as Hosanna-Tabor v. EEOC and Burwell v. Hobby Lobby—stem from conflicts between the religious objectives of those institutions and their impact on third parties who do not necessarily share those same objectives. This Article aims to provide a framework for analyzing the claims of religious institutions by grounding those claims in the principle of voluntarism. On such an account, religious institutions deserve protection because …
The Challenge Of Co-Religionist Commerce, 2014 Pepperdine University
The Challenge Of Co-Religionist Commerce, Michael A. Helfand, Barak D. Richman
Michael A Helfand
This Article addresses the rise of “co-religionist commerce” in the United States—that is, the explosion of commercial dealings that take place between co-religionists who intend their transactions to achieve both commercial and religious objectives. To remain viable, co-religionist commerce requires all the legal support necessary to sustain all other commercial relationships. Contracts must be enforced, parties must be protected against torts, and disputes must be reliably adjudicated.
Under current constitutional doctrine, co-religionist commercial agreements must be translated into secular terminology if there are to be judicially enforced. However, religious goods and services often cannot be accurately translated without religious terms …
Disparaging The Supreme Court: Is Scotus In Serious Trouble?, 2014 University of Dundee
Disparaging The Supreme Court: Is Scotus In Serious Trouble?, Brian Christopher Jones
Brian Christopher Jones
The piece argues that the Court is now subject to the widest and most sophisticated disparagement it has ever experienced, and that the tumultuous terms over the past two years have especially shown its vulnerability. Journalists and the general public are now thinking and speaking about the institution in a much different light than previously, and a deeper conversation about the proper role of the Court, especially in regard to constitutional review, has only just begun. Also, the piece argues that the justices’ disparagement of each other has contributed to this wider criticism, and that the recent health care and …
Confrontational Contestation And Democratic Compromise: The Sunflower Movement And Its Aftermath, 2014 Academia Sinica
Confrontational Contestation And Democratic Compromise: The Sunflower Movement And Its Aftermath, Brian Christopher Jones, Yen-Tu Su
Brian Christopher Jones
This piece describes the two conflicting governmental visions involved in the events surrounding the Taiwan Sunflower Movement, and attempts to justify the Movement from the perspective of democratic theory. In doing so we analyse the justifications Sunflower Movement leaders put forward for their occupation, and present a novel theory of “confrontational contestation”. The theory stems from the belief that the Sunflower Movement events represented a unique type of democratic disobedience, and new understandings regarding disobedience have emerged from these circumstances. The second part of our paper analyses the cases for and against prosecuting Sunflower Movement members. Ultimately, we decide that …
Assessing The Constitutionality Of Legislation: Constitutional Review In Taiwan's Legislative Yuan, 2014 Academia Sinica
Assessing The Constitutionality Of Legislation: Constitutional Review In Taiwan's Legislative Yuan, Brian Christopher Jones
Brian Christopher Jones
This article examines the constitutional interpretative authority of Taiwan’s Legislative Yuan, while incorporating international viewpoints on constitutional review primarily from the United Kingdom and United States. It contends that Taiwan possesses an over-reliance on legal constitutionalism and strong judicial review, which hinders Legislative Yuan interpretative authority. Author interviews from Legislative Yuan insiders demonstrate that lawmakers and staffers may not actively be thinking about the constitutionality of the bills they are presenting, and that they possess few, if any, official consultation options when seeking advice on constitutional questions. In essence, the interviews displayed clear evidence of judicial overhang. The article further …
Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, 2014 Purdue University
Delegate Speaking Patterns At The Federal Convention Surveyed As To The Twenty-Five Votes That Made The Presidency, Peter J. Aschenbrenner
Peter J. Aschenbrenner
In Twenty-Five Votes that Made the Presidency Our Constitutional Logic surveyed votes taken on August 24, September 5 and September 6. OCL tables the number of times the delegates to the convention acted on these 25 occasions. Motions made, jointly made, seconded, as well as speaking for and speaking against the motion are calendared by delegate. Five of 22 actions by Slave_Owners are scored to James Madison; 7 of 31 action by non-Slave_owners were taken by Hugh Williamson of North Carolina.
Religiosity In Constitutions And The Status Of Minority Rights, 2014 Willamette University
Religiosity In Constitutions And The Status Of Minority Rights, Brandy G. Robinson
Cultural Encounters, Conflicts, and Resolutions
Minority rights and religion have never been topics that are simultaneously considered. However, arguably, the two have relevance, especially when combined with the topic and theory of constitutionalism. Historically and traditionally, minorities have been granted certain rights and have been denied certain rights under various constitutions. These grants and denials relate to cultural differences and values, arguably relating to a culture’s understanding and interpretation of religion.
This article explores the relationship and status of minority rights as it relates to religiosity and constitutionalism. Essentially, there is a correlation between these topics and research shows where certain nations have used religion …
December 30, 2014: The Radical Religious Message Of A Charlie Brown Christmas, 2014 Duquesne University
December 30, 2014: The Radical Religious Message Of A Charlie Brown Christmas, Bruce Ledewitz
Hallowed Secularism
Blog post, “The Radical Religious Message of A Charlie Brown Christmas“ discusses politics, theology and the law in relation to religion and public life in the democratic United States of America.
City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, 2014 Indiana Tech Law School
City Of Los Angeles V. Patel: The Upcoming Supreme Court Case No One Is Talking About, Adam Lamparello
Adam Lamparello
Focusing solely on whether a hotel owner has a reasonable expectation of privacy in a guest registry is akin to asking whether Verizon Wireless has a reasonable expectation of privacy in its customer lists. The answer to those questions should be yes, but the sixty-four thousand dollar question—and the proverbial elephant in the room—is whether hotel occupants and cell phone users forfeit their privacy rights simply because they check into the Beverly Hills Hotel or call their significant others from a Smart Phone on the Santa Monica Freeway. Put differently, a hotel owner’s expectation of privacy in a guest registry …