Law and Politics Commons^™

14th Parliament Has Weighty Duty Steering Singapore Into Post-Covid-19 Future, Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

In more ways than one, the five-year term of Singapore’s 14th Parliament has been and will be defined even before it begins. How this institution of the people’s representatives leads the nation amid the raging Covid-19 global pandemic and positions Singapore for the post-Covid world matters immensely.

Authority And The Globalisation Of Inclusion And Exclusion: Author Meets Readers, Hand Lindahl, Christine Bell Prof, Friedrich Kratochwil, Hans-W. Micklitz, Carlos Thiebaut, Bert Van Roermund

Indiana Journal of Global Legal Studies

Authority is written against the background of intense resistance to globalization processes by a range of political movements and grassroots organizations. These processes are complex and have a variety of dimensions. One of these is the emergence of global legal orders, which I define, in a rough and ready manner, as relatively autonomous legal orders that claim or aspire to claim global validity for themselves. They too-most obviously the World Trade Organization (WTO)-are the butt of resistance. Whatever its forms and aspirations, resistance to globalization is fueled by their peculiar dynamic. Indeed, emergent global legal orders spawn massive exclusion when …

Who Is A Refugee?: Twenty-Five Years Of Domestic Implementation And Judicial Interpretation Of The 1969 Oaw And 1951 Un Refugee Conventions In Post-Apartheid South Africa, Tiyanjana Maluwa, Anton Katz

Indiana Journal of Global Legal Studies

As a party to the UN Refugee Convention and the OAU Refugee Convention, South Africa is obligated to apply international refugee law when addressing the protection needs of asylum seekers in the country. The Refugees Act, 1998 encapsulates the cardinal principles of the two conventions. This essay discusses how government officials and judges have interpreted and applied these principles in asylum application cases. These cases demonstrate that officials are either not always fully conversant with the legal obligations, incumbent upon the government, arising from both international law and domestic law or purposefully ignore them. For the most part, officials tend …

Aspects Of Precolonial Isoko Socio-Political Relations With Their Neighbours In South Central Nigeria, Uwomano Benjamin Okpevra

International Review of Humanities Studies

This work focused on aspects of pre-colonial Isoko socio-political relations with their neighbours in the Niger Delta region of South Central Nigeria. It attempts to illuminate the nexus between internal and external dynamics and the concomitant changes and continuities in Isoko relations with their Urhobo, Ijaw, Ukwuani and Aboh neighbours. The work is premised on the historical method and interpretations deploying primary and secondary data to achieve its objective. The study concludes that intergroup relations in the region is largely influenced by their somewhat common ancestral origin; geographical contiguity; a shared common environmental and cultural practices; and the experience of …

The Death Of Non-Resident Contribution Limit Bans And The Birth Of The New Small, Swing State, George J. Somi

William & Mary Bill of Rights Journal

New Hampshire’s 1st Congressional District race in 2018 featured an eye-popping number: 96.7. That figure represents the percentage of candidate Maura Sullivan’s individual contributions derived from out-of-state, non–New Hampshire donors. In August 2018, of the $1.37 million USD of individual contributions that Sullivan had raised, only 3.3%—$46,648 USD—originated from in-state contributors. Sullivan had received individual donations amounting to $497,405 USD from Boston, $216,359 USD from New York City, $101,562 USD from the Washington, D.C. metropolitan area, and $92,371 USD from San Francisco.

In nearby Maine, campaign finance reports filed on October 15, 2019, with the Federal Election Commission (FEC) indicate …

In Harrisburg And D.C., The Gop Meddling With Our Courts Is A Threat To Democracy, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

The International Health Regulations (2005), The Threat Of Populism And The Covid-19 Pandemic, Kumanan Wilson, Sam F. Halabi, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

The global response to the COVID-19 pandemic has laid bare weaknesses and major challenges in the international approach to managing public health emergencies. Populist sentiment is spreading globally as democratic nations are increasing their support for or electing governments that are perceived to represent “traditional” native interests. Measures need to be taken to proactively address populist sentiment when reviewing the IHR (2005) effectiveness in the COVID-19 pandemic. We discuss how populism can impact the IHR (2005) and conversely how the IHR (2005) may be able to address populist concerns if the global community commits to helping states address public health …

The Firm-Perceived Contingencies To Political Strategy, Jessica Zeiss, Les Carlson

AMTP Proceedings 2020

Because assumptions that firm decisions to manage external politics revolve around traditional resources and capabilities (e.g., capital, technology) impede environmental management theories, this research explores additional antecedents, i.e., perceived uncertainty, firm political infrastructure. Study One qualitative data support ideas related to management as a matter of a firm’s perceptually constructed environment among deterministic firms. Study Two quantitative data find a strategic choice firm orientation is developed through management structures (e.g., specialized staff, routines), despite post-hoc analyses confirming both firm types operate in similar environments. Combined, these studies disconfirm traditional resources as a driver of firm political activity. Moreover, Study Two …

Empirical Evidence Of The Marketing And Corporate Political Activity Interface In Firm Strategy, Jessica Zeiss

AMTP Proceedings 2020

This qualitative research seeks to shed light on the manner in which marketing and corporate political activity (CPA) interface through senior-level managers acting as key informants. Relying on transcendental phenomenology (n = 41) and grounded theory (n = 402) methods, respectively, Study One uncovers a set of activities difficult to distinguish as either marketing or politics, i.e., legitimacy branding, with Study Two invalidated legitimacy branding as a traditional political strategy. Legitimacy branding’s key characteristics –1) branded reputations, 2) nonmarket targets, 3) for proactive control – position it as marketing-based CPA. While such strategy is generally consistent with previous findings, they …

If We’Re Serious About Protecting Religious Liberty, We Need Universal Healthcare, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Court Expansion And The Restoration Of Democracy: The Case For Constitutional Hardball, Aaron Belkin

Pepperdine Law Review

Neither electoral politics, norms preservation, nor modest good government reform can restore the political system because they cannot mitigate the primary threat to the American democracy, Republican radicalism. Those who believe otherwise fail to appreciate how and why radicalism will continue to impede democratic restoration regardless of what happens at the ballot box, misdiagnose the underlying factors that produce and sustain GOP radicalism, and under-estimate the degree of democratic deterioration that has already taken place. Republicans do not need to prevail in every election to forestall the restoration of democracy or to prevent Democrats from governing. The only viable path …

A Call For America's Law Professors To Oppose Court-Packing, Bruce Ledewitz

Pepperdine Law Review

A Court-packing proposal is imminent. Mainstream Democratic Party Presidential Candidates are already supporting it. The number of Justices on the Supreme Court has been set at nine since 1869, but this is merely a statutory requirement. As soon as Democrats regain control of the Presidency and the Congress, Court-packing will be on the agenda, either expressly or under the guise of Court-reform. Now is the time for the American legal academy to join together to oppose this threat. Court-packing would threaten democracy, destroy the rule of law and undermine judicial independence. It is a pointless and unnecessary reaction born of …

Mcgirt V. Oklahoma, United States Supreme Court, Neil M. Gorsuch

US Government Documents Related to Indigenous Nations

This United States (US) Supreme Court case, decided July 9, 2020, clarified the boundaries of Indigenous land within the state of Oklahoma (OK) and, by extension, the limits of Oklahoma’s jurisdictional reach. Following the perpetration of his crimes in 1997, Oklahoma state court convicted Jimcy McGirt of three sexual offenses; however, McGirt contended that the state lacked the jurisdiction to try him for these crimes because he is an enrolled member of the Seminole Nation and because his crimes took place on the Creek Reservation (Muscogee Nation). Oklahoma argued that although an 1883 Treaty established a section of land for …

Judicial Nullification Of Presidential Elections In Africa: Peter Mutharika V Lazarus Chakera And Saulos Chilima In Context, Olabisi D. Akinkugbe, James Thuo Gathii

Articles, Book Chapters, & Popular Press

In contemporary Africa, the judicialization of presidential elections between incumbents and challengers in courts is becoming increasingly visible. The latest example of this judicialization is the Malawi case of Peter Mutharika v Lazarus Chakera and Saulos Chilima, which successfully triggered a repeat election in which an opposition politician defeated an incumbent. This article examines the consequences and implications of this case and compares the Malawi decision to cases in Kenya and Nigeria. It further analyzes the backlash on the Malawi justices from the executive and the subsequent solidarity seen from both legal and civil society. The article concludes that the …

Are We Witnessing The Death Of Reason And Truth In American Public Life?, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

Ethical Issues With Lawyers Openly Carrying Firearms, Dru Stevenson

St. Mary's Journal on Legal Malpractice & Ethics

Ethical concerns arise when lawyers openly carry firearms to adversarial meetings related to representation, such as depositions and settlement negotiations. Visible firearms introduce an element of intimidation, or at least the potential for misunderstandings and escalation of conflicts. The adverse effects of openly carried firearms can impact opposing parties, opposing counsel, the lawyer’s potential clients, witnesses, and even judges and jurors encountered outside the courtroom. The ABA’s Model Rules of Professional Conduct in their current form include provisions that could be applicable, such as rules against coercion and intimidation, but there is no explicit reference to firearms. Several reported incidents …

Complicity In The Perversion Of Justice: The Role Of Lawyers In Eroding The Rule Of Law In The Third Reich, Cynthia Fountaine

St. Mary's Journal on Legal Malpractice & Ethics

A fundamental tenet of the legal profession is that lawyers and judges are uniquely responsible—individually and collectively—for protecting the Rule of Law. This Article considers the failings of the legal profession in living up to that responsibility during Germany’s Third Reich. The incremental steps used by the Nazis to gain control of the German legal system—beginning as early as 1920 when the Nazi Party adopted a party platform that included a plan for a new legal system—turned the legal system on its head and destroyed the Rule of Law. By failing to uphold the integrity and independence of the profession, …

Ge2020 Commentary: Assessing The Voters’ Message To Pap (And Other Parties), Tan K. B. Eugene

Research Collection Yong Pung How School Of Law

Despite the “crisis of a generation”, the 2020 general election results point to a considered flight from the status quo, rather than a flight to safety. Singaporean voters, through their 2.54 million ballots cast, sent a nuanced message to all political parties and election candidates. It was a renewed, urgent expression of a vote for change, more so than in the 2011 election.

Racism Is White People’S Fault. It’S Our Responsibility To End It, Bruce Ledewitz

Newspaper Columns

Collected biweekly contributions to the Pennsylvania Capital-Star, a nonpartisan, nonprofit news site.

A New Old Solution: Why The United States Should Vote By Mail-In Ballot, Annie Barouh

Seattle Journal for Social Justice

No abstract provided.