Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry,
2019
Benjamin N. Cardozo School of Law
Pass The Revenue: How Section 280e Is Harming The Medical Marijuana Industry, Liam Mckillop
Cardozo International & Comparative Law Review
The note argues that Section 280E of the Internal Revenue Code unfairly penalizes medical marijuana businesses by disallowing ordinary business expense deductions, despite their legality under state laws. It proposes that Congress should amend Section 280E to create an exception for medical marijuana companies, allowing them to deduct business expenses, thereby promoting industry growth and aligning tax policy with current societal and scientific understanding of marijuana's medical benefits.
Social Media Platforms: Preserving Evidence Of International Crimes,
2019
Benjamin N. Cardozo School of Law
Social Media Platforms: Preserving Evidence Of International Crimes, Samantha Greenfield
Cardozo International & Comparative Law Review
The note argues that social media platforms should bear legal responsibility for preserving video evidence of international crimes, as such evidence is crucial for prosecuting genocide, war crimes, and crimes against humanity. The author emphasizes that while these platforms effectively remove harmful content, their current practices risk losing critical evidence necessary for justice, necessitating a legal framework to ensure preservation.
Unenumerated Power And The Rise Of Executive Primacy,
2019
University of Washington School of Law
Unenumerated Power And The Rise Of Executive Primacy, Cheng-Yi Huang
Washington International Law Journal
This article argues that contemporary syndromes of constitutional dysfunction do not solely stem from the failures of the controlling executive power. Rather, the tendency of chief executives’ appropriation of power is largely due to the fact that the institutional logic of executive power makes them do so. To govern, the chief executive needs to run the government with power, either political or constitutional. These powers are not always enumerated in the constitution, but would still be regarded as constitutional. This paper argues that the idea of taming unenumerated executive powers by definite constitutional language and text is mostly futile. Drawing …
Breaking The Equilibrium: From Distrust Of Representative Government To An Authoritarian Executive,
2019
University of Washington School of Law
Breaking The Equilibrium: From Distrust Of Representative Government To An Authoritarian Executive, Gábor Attila Tóth
Washington International Law Journal
Although contemporary populist authoritarians have not entirely abandoned the aims and methods of their ancestors, authoritarianism has been undergoing a reinvention in recent years. Behind a façade of constitutionalism, new authoritarianism claims to abide by democratic principles. Populist authoritarians legitimize themselves through popular elections and maintain the entire set of formal institutions associated with constitutional democracy, using them as both an appearance of representation and a tool of authoritarian imposition. The article focuses on the concepts of trust and distrust of representative government to afford a better understanding of populist authoritarianism. The paper describes two rival theoretical conceptions of government, …
"Never Before In The History Of This Country?": The Rise Of Presidential Power In The Lula Da Silva And Rousseff Administrations (2003-2016),
2019
University of Washington School of Law
"Never Before In The History Of This Country?": The Rise Of Presidential Power In The Lula Da Silva And Rousseff Administrations (2003-2016), Mauro Hiane De Moura
Washington International Law Journal
After the impeachment of President Collor de Mello (1990-1992), Brazil finally managed to devise and implement an economic plan that, firmly based on economic science, eradicated the country's long-standing hyperinflation. In the following Cardoso Administration (1995-2002), new regulatory frameworks were introduced in several different sectors—the implementation and oversight of which were entrusted to Regulatory Agencies relatively insulated from the Presidency. Such a model, however, came under attack under the Lula da Silva (2003-2010) and Rousseff (2011-2016) Administrations, ultimately leading to high levels of inflation, a severe recession, and the escalation of public deficit. This article indicates how, during the Lula …
The Resurgence Of Executive Primacy In The Age Of Populism: Introduction To The Symposium,
2019
University of Washington School of Law
The Resurgence Of Executive Primacy In The Age Of Populism: Introduction To The Symposium, Peter Cane
Washington International Law Journal
The articles in this issue, devoted to legal and constitutional issues around executive primacy and populism, were first presented at an Advanced Workshop on the Resurgence of Executive Primacy in the Age of Populism, organised by Professor Cheng-Yi Huang and held at the Institutum Jurisprudentiae of the Academica Sinica in Taipei, Taiwan on June 21 and 22, 2018. Scholarly interest in populism has grown over the past thirty years to the point where it could recently be the subject of The Oxford Handbook of Populism, published late in 2017. According to the editors of that volume, the bulk of …
The Changing Nature Of Bureaucracy And Governing Structure In Japan,
2019
University of Washington School of Law
The Changing Nature Of Bureaucracy And Governing Structure In Japan, Mayu Terada
Washington International Law Journal
This paper analyzes and criticizes changes in the relationship between politics and the bureaucracy, in Japan up to the present from the viewpoint of administrative organizations and related public law system. Drastic changes in the legal system, or legal reform, may sometimes undermine the true intention of the policy and its implementation. Thus, bringing political leadership in administrative decision-making bodies cannot be easily concluded as better or worse than the complete separation of administration and government. To analyze this matter in detail, this paper looks at the following points: 1) Analysis of the operation of the limited political appointment system …
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses,
2019
University of Washington School of Law
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Washington International Law Journal
Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses,
2019
Boston University School of Law
Interpenetration Of Powers: Channels And Obstacles For Populist Impulses, Anya Bernstein
Faculty Scholarship
Discussions of populism often focus on the most visible points of executive power: individual leaders. Yet individual leaders only accomplish things through administrative apparatuses that enable and support their power. Rejecting a political theology that imagines sovereignty as inhering in a single decision-maker, this article turns to political pragmatics focused on the people who populate the government. I draw on interviews with administrators in the government of two successful but quite different democracies. The first is the United States, an old, flagship democratic state. The second is Taiwan, which transitioned from a four-decade military dictatorship to a vibrant democracy in …
Lembaga Quasi Non Governmental Organization (Quango) Dalam Sistem Ketatanegaraan Indonesia: Majelis Ulama Indonesia,
2019
Dosen HTN Fakultas Hukum Universitas Indonesia
Lembaga Quasi Non Governmental Organization (Quango) Dalam Sistem Ketatanegaraan Indonesia: Majelis Ulama Indonesia, Ali Abdilah, Rico Novianto
Jurnal Hukum & Pembangunan
Quasi Non-Governmental Organization institution or Quango is not as wellknown as other state institutions in Indonesia. However, it does not mean this institution does not exist in Indonesia. This article discusses the existence of Quango institution in Indonesian state institutions, especially Majelis Ulama Indonesia (MUI). This article explains the definition of Quango and the characteristics of Quango in several countries. Moreover, based on this article, it is believed that MUI can be classified as Quango in Indonesia state Institutions. To attain the expected result, this contribution employs normative legal studies by using some literature regarding Quango and its existence in …
Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies,
2019
Elisabeth Haub School of Law at Pace University
Cashless Societies And The Rise Of The Independent Cryptocurrencies: How Governments Can Use Privacy Laws To Compete With Independent Cryptocurrencies, Matla Garcia Chavolla
Pace International Law Review
Many individuals (including governments) envision living in a future world where physical currency is a thing of the past. Many countries have made great strides in their efforts to go cashless. At the same time, there is increasing awareness among citizens of the decreasing amount of privacy in their lives. The potential hazards cashless societies pose to financial privacy may incentivize citizens to hold some of their money in independent cryptocurrencies. This article argues that in order for governments in cashless societies to keep firm control over their money supply, they should enact stronger privacy law protections for its citizens …
Explaining China's Legal Flexibility: History And The Institutional Imperative,
2019
Parker College of Business, Georgia Southern University
Explaining China's Legal Flexibility: History And The Institutional Imperative, Justin W. Evans
Pace International Law Review
China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult …
Responsibility In Building Rule Of Law: Kosovo Challenges,
2019
University of Haxhi Zeka
Responsibility In Building Rule Of Law: Kosovo Challenges, Avdullah Robaj, Sabiha Shala
International Journal on Responsibility
The principle of the rule of law is one of the most important and essential principles for any state and for democratic society. Its fullest realization in everyday life is the best guarantee for development of democracy and recognition and enforcement of citizens' fundamental rights and freedoms. To this end, the general principles of the rule of law today occupy a special place and are fixed explicitly in contemporary constitutions and democratic legislation. The well-known countries of Western democracies have long established a rich and valuable legacy in this regard. When exploring the contours and details about establishing the rule …
Dignity And Discrimination In Sexual Harassment Law: A French Case Study,
2019
Moritz College of Law, The Ohio State University
Dignity And Discrimination In Sexual Harassment Law: A French Case Study, L. Camille Hébert
Washington and Lee Journal of Civil Rights and Social Justice
In 2012, France adopted new prohibitions on sexual harassment into its Labor and Penal Codes. That enactment, which significantly broadened the definition of actionable harassment, was based on a model of harassment law that defines sexual harassment as a form of discrimination, while the French have traditionally conceived of sexual harassment as a form of sexual violence. Cases decided under the new prohibitions, as well as additional legislation adopted in France in 2016 and 2018, the latter prompted by France’s “#MeToo” movement, suggest that the French are beginning to perceive sexual harassment as implicating issues of both dignity and equality …
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers,
2019
Washington and Lee University School of Law
The New-Breed, “Die-Hard” Chinese Lawyer: A Comparison With American Civil Rights Cause Lawyers, James E. Moliterno, Rongjie Lan
Washington and Lee Journal of Civil Rights and Social Justice
In times of social upheaval, lawyers can mark the way toward social change. In particular, when lawyers become more aggressive than traditional lawyers in the cause of fighting injustice, they face backlash from multiple sources, including government and their own profession. Such was the case during the U.S. civil rights movement. Unusually aggressive behavior by cause lawyers was met with hostility from their own profession and from government action. Those lawyers, while battered at times with physical violence, bar ethics charges, contempt of court, and state hostility, survived and changed social conditions at the same time they altered the culture …
Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire,
2019
Yale Law School
Cycles Of Failure: The War On Family, The War On Drugs, And The War On Schools Through Hbo’S The Wire, Zachary E. Shapiro, Elizabeth Curran, Rachel C.K. Hutchinson
Washington and Lee Journal of Civil Rights and Social Justice
Freamon, Bodie, and Zenobia’s statements cut straight to the heart of The Wire’s overarching theme: Individuals are trapped in a complex “cycle of harm” where social problems of inequality, crime, and violence are constantly reinforced. The Wire was a television drama that ran on HBO from 2002 through 2008, created by David Simon. The show focuses on the narcotics scene in Baltimore through the perspective of different stakeholders and residents of the city. The Wire highlights how self-perpetuating, interconnected, and broken social institutions act in concert to limit individual opportunity. These institutions squash attempts at reform by punishing good ideas …
Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications,
2019
The Catholic University of America, Columbus School of Law
Comparative Perspectives Of Adult Content Filtering: Legal Challenges And Implications, Adam Szafranski, Piotr Szwedo And Malgorzata Klein
Catholic University Law Review
The internet is virtually ubiquitous and is becoming more accessible to young people all over the world. Along with the many benefits it brings, the internet poses serious risks to the human rights of its most vulnerable users, viz. children. The United Kingdom, Poland and the U.S. State of Utah have already started to mitigate this risk through a variety of regulatory mechanisms. A priori, both self-regulation and hard law can satisfy international requirements on freedom of services and freedom of expression, but each requires careful scrutiny. Neither self-regulation nor soft law appear to be sufficient. It would seem, …
Public Interest Litigation & Women’S Rights: Cases From Nepal & India,
2019
Eastern Washington University
Public Interest Litigation & Women’S Rights: Cases From Nepal & India, Jordan E. Stevenson
2019 Symposium
As a complex, diverse and dynamic region with diverging, constantly changing constitutional and jurisprudential contexts as well as lasting legacies of patriarchy, South Asia’s traditions of public interest litigation are one of the most well-studied institutions by Western audiences due to their contradictory progressive and innovative nature. Particularly in India, where public interest litigation gives ordinary citizens extraordinary access to the highest courts of justice, questions have been raised as to the effectiveness of public interest litigation as a tool to address gender disparities across the region. Although Supreme Court justices have been a key ally in eliminating legal barriers …
A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent,
2019
Singapore Management University
A Network Analysis Of The Singapore Court Of Appeal's Citations To Precedent, Jerrold Tsin Howe Soh
Research Collection Yong Pung How School Of Law
This article presents findings from an empirical network analysis of citation practices in Singapore’s highest court. A network of all 987 reported Court of Appeal judgments handed down from 2000 to 2017 is constructed. Network centrality algorithms are used to rank judgments by centrality. Judgments on contract law, particularly on contractual interpretation and terms, emerge as the most central. Based on this, this article argues that more attention can be paid to interpretation per se as a legal skill. More generally, this article establishes a framework for applying network analysis to Singapore jurisprudence on a larger scale.
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks,
2019
Loyola Marymount University and Loyola Law School
How Two Sunken Ships Caused A War: The Legal And Cultural Battle Between Great Britain, Canada, And The Inuit Over The Franklin Expedition Shipwrecks, Christina Labarge
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
