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Public law

2015

Articles 1 - 9 of 9

Full-Text Articles in Law

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström Oct 2015

Embodying The Population: Five Decades Of Immigrant/Integration Policy In Sweden, Leila Brännström

Leila Brännström

This article investigates the historical development and transformation of Swedish integration policy, including its predecessor immigrant policy, as a “biopolitics of the population”. “Biopolitics of the population” refers in this article to all governmental interventions targeting the population, or parts of it, with a view to producing a collective body of a particular quality and identity. Swedish integration policy is thus analyzed in order to answer questions such as: how has the population been embodied over time? How has the Swedish grammar of multiplicity and fragmentation changed? Which groups within the population have been considered to be in need of …

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Regulating Extraterritoriality: New Frontiers In Public Law, Danielle Ireland-Piper May 2015

Regulating Extraterritoriality: New Frontiers In Public Law, Danielle Ireland-Piper

Danielle Ireland-Piper

No abstract provided.

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Public Law In A Comparative And Inter-Disciplinary Paradigm, Danielle Ireland-Piper May 2015

Public Law In A Comparative And Inter-Disciplinary Paradigm, Danielle Ireland-Piper

Danielle Ireland-Piper

No abstract provided.

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Foreign Precedent In State Const Interpretation, Jonathan L. Marshfield Apr 2015

Foreign Precedent In State Const Interpretation, Jonathan L. Marshfield

Jonathan Marshfield

Americans are rightly proud that they created the first successful written constitutions. But constitutionalism is now an international phenomenon. Since the United States Constitution was ratified, there have been an estimated 879 constitutional systems adopted around the world. Some failed quickly, but others have endured and helped to stabilize volatile societies. Constitutionalism now has a rich international history, and the United States is one of many countries with a proud and meaningful constitutional tradition. It is not surprising, therefore, that American courts are sometimes caught “peeking abroad” to see what they might glean from other constitutional systems

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Comparative Legal Traditions: Text, Materials, And Cases On Western Law. 3rd Edition., Paolo Carozza, Mary Glendon, Colin Picker Apr 2015

Comparative Legal Traditions: Text, Materials, And Cases On Western Law. 3rd Edition., Paolo Carozza, Mary Glendon, Colin Picker

Paolo G. Carozza

This new edition includes some significant revisions since the last edition was published in 1994. The new edition includes: A greater emphasis on Public Law in the Continental and Common law traditions; More coverage of the impact of the regional European law (EC EU and ECHR) on the legal traditions;Some updated Problems (including one concerning Mixed Jurisdictions); and Numerous updates to the Common Law Tradition materials in light of the many significant reforms in England over the last ten years.

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Políticas Públicas De Fomento A La Competencia, Camilo Ossa Mar 2015

Políticas Públicas De Fomento A La Competencia, Camilo Ossa

Camilo Ossa

In this paper you will find a description related to the constitutional framework that enables the state to intervene in the economy, in order to disaggregate the support on which is built on competition law in Colombia, without neglecting the crucial role economic regulation plays in maintaining the economic and social order, becoming interested more to discover the public policy of the State in this matter, according to the theoretical precepts that teach how the construction and implementation of public policy and the subsequent assessment of the rules of competition law to determine which state, according to the theoretical postulates, …

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Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai Jan 2015

Deployment Of Geoengineering By The Private And Public Sector: Can The Risks Of Geoengineering Ever Be Effectively Regulated?, Daniela E. Lai

Daniela E Lai

Geoengineering has been described as any large-scale environmental manipulation designed with the purpose of mitigating the effects of climate change without decreasing greenhouse gas emissions (GHGs). Currently there are no specific rules regulating geoengineering activities particularly if geoengineering is deployed in areas beyond national jurisdiction. This article argues that, in order to mitigate the risks of geoengineering, there needs to be effective regulation of its deployment both in international and domestic law. The risks of geoengineering can only be effectively regulated if there is international cooperation between all levels of governments and private individuals involved in the research and development …

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The Argument That Wasn't' And 'King, Chevron, And The Age Of Textualism, Abigail Moncrieff Jan 2015

The Argument That Wasn't' And 'King, Chevron, And The Age Of Textualism, Abigail Moncrieff

Faculty Scholarship

In these two short essays, I examine the somewhat bizarre — and potentially harmful — ways that Chief Justice John Roberts escaped the tension between legalism and realism in King v. Burwell, the Court’s latest Obamacare case. King presented a close legalistic case but a slam-dunk realist case in favor of an IRS interpretation of Obamacare. Roberts opted for the realistic result, but he got there through a bizarre combination of legalistic maneuvers. In “The Argument that Wasn’t,” I note that Roberts refused to make the full legalistic argument in the government’s favor, ignoring an invocation of the constitutional avoidance …

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Decentralizing The Amendment Power, Jonathan L. Marshfield Dec 2014

Decentralizing The Amendment Power, Jonathan L. Marshfield

Jonathan Marshfield

The United States Constitution could soon be re-written by the states. Article V of the Constitution authorizes two-thirds of the state legislatures to bypass Congress and demand a convention to initiate federal constitutional amendments addressing any number of issues. States have adopted resolutions calling for a convention to consider amendments that would, among other things, require a balanced federal budget, eliminate life tenure for Supreme Court Justices, constitutionalize universal healthcare, and even invalidate bulwark rulings such as Roe v. Wade. In April 2014, Michigan arguably became the thirty-fourth state to adopt such a resolution, and convention supporters believe that a …

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