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Federalism And Political Competition In Emerging Democracies, Jonathan Marshfield 2010 University of Arkansas

Federalism And Political Competition In Emerging Democracies, Jonathan Marshfield

Jonathan Marshfield

Political competition is essential to the development and maintenance of a healthy and stable democracy. Current scholarship has largely ignored the role that federalism can play in fostering meaningful political competition in emerging democracies. This Article aims to fill this void by developing a theory of political competition within federal systems based on a formal game theory model created by economist and Nobel Laureate Roger B. Myerson. The Article argues that constructive political competition is especially difficult in emerging democracies because social and economic exigencies create strong incentives for new leadership to quash opposition and because first-time voters do not ...


Models Of Subnational Constitutionalism, Jonathan Marshfield 2010 University of Arkansas

Models Of Subnational Constitutionalism, Jonathan Marshfield

Jonathan Marshfield

This article considers an overlooked issue of constitutional design. Some federal systems decentralize law-making and administrative power without allowing subnational governments to adopt their own constitutions that structure or limit subnational power. Other federal systems allow subnational units some discretion in structuring and limiting their powers by adopting subnational constitutions. Although scholars and constitution-makers have developed various theories regarding the utilities of decentralizing law-making and administrative powers, they have not separately considered the utilities or normative justifications for decentralizing constitutional choices. This Article takes up that important but neglected question. The goal is to move towards a systematization and critical ...


Tango Or More? From California’S Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai 2010 University of Cambridge

Tango Or More? From California’S Lesson 9 To The Constitutionality Of A Gay-Friendly Curriculum In Public Elementary Schools, Amy Lai

Amy Lai

This paper studies the constitutionality of Lesson 9 in California public elementary schools. Parts I and II look at recent court decisions on gay-friendly curricula to unravel the potential claims that can be raised under the Constitution. Part I looks at Parker v. Hurley to see how the First Circuit dismissed the plaintiffs’ First Amendment Free Exercise and Fourteenth Amendment Due Process claims. It also criticizes a very recent law review article that attacks the soundness of the First Circuit’s holding, because the defendants neither coerced nor indoctrinated the plaintiffs, and age is not a dispositive factor in a ...


The Harmonization Of Tax Treaties And Domestic Law.Pdf, Sung-Soo Han 2010 Lee & Han International

The Harmonization Of Tax Treaties And Domestic Law.Pdf, Sung-Soo Han

Sung-Soo Han


This article was published by the International Law and Management Review in the spring of the year 2011.


Environmental Refugees, Mubashshir Sarshar 2010 National Law University, Delhi

Environmental Refugees, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.


Salem: A Chicken Case-Study, Joseph W. Lucas 2010 Willamette University

Salem: A Chicken Case-Study, Joseph W. Lucas

Joseph W. Lucas, Ph.D.

This article is a case study of the journey of a city ordinance from inception, initial rejection, and eventual approval by the Salem City Council (Oregon). The article analyzes the tactics used by the ordinance’s proponents. This includes the negotiations that were undertaken, especially between the supporters and certain members of the city council, as well as the compromises that were reached. It is an in-depth look into citizen participation in the lawmaking process, and the dispute resolution tactics employed throughout that process.


The Courts Are All A 'Twitter': The Implications Of Social Media Use In The Courts, Emily Janoski-Haehlen 2010 Valparaiso University

The Courts Are All A 'Twitter': The Implications Of Social Media Use In The Courts, Emily Janoski-Haehlen

Emily Janoski-Haehlen

This article examines the use of social media and its impact on the courts, including the judiciary's response to the use and abuse of social media by jurors, judges, and other court personnel. This article will also examine ways in which the judiciary can regulate or attempt to control the use of social media sites in courtrooms.


Knowledge Curation, Michael J. Madison 2010 University of PIttsburgh

Knowledge Curation, Michael J. Madison

Michael J. Madison

This Article addresses conservation, preservation, and stewardship of knowledge, and laws and institutions in the cultural environment that support those things. Legal and policy questions concerning creativity and innovation usually focus on producing new knowledge and offering access to it. Equivalent attention rarely is paid to questions of old knowledge. To what extent should the law, and particularly intellectual property law, focus on the durability of information and knowledge? To what extent does the law do so already, and to what effect? This article begins to explore those questions. Along the way, the article takes up distinctions among different types ...


Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector 2010 University of Oklahoma Norman Campus

Memorandum: Accommodating The Uccjea And The 1996 Hague Convention, Robert G. Spector

Robert G. Spector

No abstract provided.


Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam Cherry, Judd Sneirson 2010 University of the Pacific

Beyond Profit: Rethinking Corporate Social Responsibility And Greenwashing After The Bp Oil Disaster, Miriam Cherry, Judd Sneirson

Judd F. Sneirson

The explosion of the BP-leased Deepwater Horizon and subsequent oil spill stands as an indictment not just of our national energy priorities and environmental law enforcement; it equally represents a failure of Anglo-American corporate law and what passes for corporate social responsibility in business today. Using BP and the disaster as a compelling case study, this Article examines green marketing and corporate governance and identifies elements of each that encourage firms to engage only superficially in corporate social responsibility yet trumpet those efforts to eager consumers and investors. The Article then proposes reforms and protections designed to increase corporate social ...


Constitutionalism, Rights, And Judicial Power, Alec Stone Sweet 2010 Yale Law School

Constitutionalism, Rights, And Judicial Power, Alec Stone Sweet

Alec Stone Sweet

No abstract provided.


Professional Activities, Judith L. Maute 2010 University of Oklahoma

Professional Activities, Judith L. Maute

Judith L. Maute

No abstract provided.


Current Legal Regime Governing The Arctic Region And Investment By Oil And Gas Companies, Ondotimi Songi 2010 CEPMLP, University of Dundee

Current Legal Regime Governing The Arctic Region And Investment By Oil And Gas Companies, Ondotimi Songi

Ondotimi Songi

The Arctic region remains the current focus for future energy security with its vast hydrocarbon resources. As the demand for energy increases, energy companies’ interests are now on the Arctic. This paper discusses the current legal regime governing the Arctic with a view to ascertaining whether it provides an adequate basis for investment by oil and gas companies. A cursory description of the Arctic is given and its hydrocarbon resources highlighted. The jostling for jurisdiction by the Arctic states is noted and the region’s legal framework discussed. It is contended that the current legal regime is inadequate for investment ...


The Legality Of The Greek Sports Betting Monopoly Under European Law, Marios Papaloukas 2010 University of Peloponnese

The Legality Of The Greek Sports Betting Monopoly Under European Law, Marios Papaloukas

Marios Papaloukas

Is it possible, a company that is enlisted on the stock market which by definition seeks primarily to increase profits and to protect the investor’s interests, instead to protect consumers from the services offered by itself. This public service provided would it not conflict its operation as a profit seeking business? And if indeed it were so, would not this be misleading for its investors and should not this be clearly stated in its prospectus informing its investors-shareholders that this company is not primarily aiming at protecting the investors financial interests, like all other publicly traded companies but rather ...


Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Halabi 2010 University of Tulsa College of Law

Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Halabi

Sam Halabi

Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This ...


The Politics Of Amendment Processes: Supreme Court Influence In The Design Of Judicial Councils, Andrea Pozas-Loyo, Julio Antonio Rios-Figueroa 2010 Universidad Nacional Autónoma de México - UNAM

The Politics Of Amendment Processes: Supreme Court Influence In The Design Of Judicial Councils, Andrea Pozas-Loyo, Julio Antonio Rios-Figueroa

Andrea Pozas-Loyo

No abstract provided.


Book Review Of Counter-Terrorism: The Culture Of Law And Justice After 9/11, Matthew S. R. Palmer 2010 High Court of New Zealand, Auckland

Book Review Of Counter-Terrorism: The Culture Of Law And Justice After 9/11, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This is a largely complimentary book review focussing on the theme of law and culture in the context of counter-terrorism law.


The Law Officers And Departmental Lawyers, Matthew S. R. Palmer 2010 High Court of New Zealand, Auckland

The Law Officers And Departmental Lawyers, Matthew S. R. Palmer

The Hon Justice Matthew Palmer

This short article explains the constitutional relationship between the law officers of the Crown and departmental lawyers in New Zealand.


Lo Spirito Polemico Del Diritto Europeo Studio Sulle Ambizioni Costituzionali Dell’Unione, Giuseppe Martinico 2010 Scuola Superiore S. Anna, Pisa

Lo Spirito Polemico Del Diritto Europeo Studio Sulle Ambizioni Costituzionali Dell’Unione, Giuseppe Martinico

Giuseppe Martinico

According to many scholars, the rejection of the Constitutional Treaty and the disappointment caused by the contents of the Lisbon Treaty –- defined by Somek (2007) as a mere post-Constitutional Treaty – mark the failure of any possible constitutional ambition for the European Union (EU). This book aims at challenging this point both from a theoretical point of view – by describing the EU as an example of “evolutionary constitutionalism” – and a pragmatic one (i.e., looking at the functioning of concrete constitutional experiences). My idea is that the latest attempts at amending the EU treaties – the period of the “Conventions” – can be ...


Climate Change And Arctic Governance: Three Images Of A Changing Arctic, David D. Caron 2010 The Dickson Poon School of Law, King's College London

Climate Change And Arctic Governance: Three Images Of A Changing Arctic, David D. Caron

David D. Caron

No abstract provided.


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