Double Jeopardy,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Double Jeopardy Supreme Court Appellate Division Second Department
Touro Law Review
No abstract provided.
Double Jeopardy,
2019
Touro University Jacob D. Fuchsberg Law Center
China's Rule Of Law From A Private International Law Perspective,
2019
Chinese University of Hong Kong
China's Rule Of Law From A Private International Law Perspective, King Fung Tsang
Georgia Journal of International & Comparative Law
No abstract provided.
General Anti-Avoidance Rules And The Rule Of Law,
2019
Singapore Management University
General Anti-Avoidance Rules And The Rule Of Law, Vincent Ooi
Research Collection Yong Pung How School Of Law
General Anti-Avoidance Rules (“GAARs”) grant tax authorities wide powers to counteract tax avoidance transactions notwithstanding that the taxpayer may have complied with the strict letter of the law. These wide powers raise questions of possible conflicts with fundamental principles such as the Rule of Law, and Distributive and Corrective Justice. The main difficulty arises in attempting to reconcile the need for a GAAR to apply to unpredictable and rapidly developing situations, and the principle of certainty as one of the foundations of the Rule of Law. This paper begins by defining tax avoidance, establishing a moral duty to pay tax …
Forging Taiwan’S Legal Identity,
2019
Brooklyn Law School
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Grinding Down The Edges Of The Free Expression Right In Hong Kong,
2019
Brooklyn Law School
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …
The Cognitive Dissonance Between The Rule Of Law And Rural Realities: Reading Gillian Hadfield’S Rules For A Flat World In The Context Of Rural Identity And Politics,
2019
Penn State Dickinson Law
The Cognitive Dissonance Between The Rule Of Law And Rural Realities: Reading Gillian Hadfield’S Rules For A Flat World In The Context Of Rural Identity And Politics, Danielle M. Conway
Faculty Scholarly Works
Rural communities – as well as other marginalized communities – see their access to legal infrastructure declining, so much so that they feel disconnected from the rule of law. Current complex law and legal infrastructure focus on big “I” innovation, which is hyper-transactional and benefits the few. Rural communities, and others, would find law and legal infrastructure more relevant if they focused more on small “i” innovation, which centers on negotiating real, societal relationships.
Fcpa Enforcement Against U.S. And Non-U.S. Companies,
2019
Gibson, Dunn & Crutcher LLP
Fcpa Enforcement Against U.S. And Non-U.S. Companies, Michael S. Diamant, Christopher W.H. Sullivan, Jason H. Smith
Michigan Business & Entrepreneurial Law Review
This Article explores how U.S. authorities have enforced the FCPA against non-U.S. companies and tests the perception that the FCPA disproportionately impacts U.S. businesses. After briefly discussing the FCPA, its enforcement, and its reach, this Article examines corporate FCPA enforcement activity since the statute’s enactment in 1977. It finds that foreign firms have actually fared worse under the FCPA despite the fact that DOJ and the SEC have brought more enforcement actions against domestic companies in absolute terms. The average cost of resolving an FCPA enforcement action to non-U.S. corporations of resolving an FCPA enforcement action has been more than …
Crafting A Corporate Analogue To Criminal Disenfranchisement,
2019
University of Michigan Law School
Crafting A Corporate Analogue To Criminal Disenfranchisement, B. Graves Lee Jr.
Michigan Business & Entrepreneurial Law Review
The Supreme Court’s 2010 decision in Citizens United v. FEC represented a sea change in the world of corporate citizenship. Although the decision dealt with campaign finance law, it has sparked significant discussion of the concept of corporate personhood more broadly. Corporations have increasingly taken advantage of legal rights previously reserved for individuals. This Note argues that where corporations reap the benefits of constitutional entitlements intended for individuals, they should suffer consequences for malfeasance similar to those imposed on individuals who engage in criminal conduct. Specifically, this Note advocates for limitations on corporate electioneering as a collateral consequence of a …
Is China A “Rule-By-Law” Regime?,
2019
University of California, San Diego
Is China A “Rule-By-Law” Regime?, Kwai Hang Ng
Buffalo Law Review
No abstract provided.
What’S The Point Of The Rule Of Law?,
2019
University at Buffalo School of Law
What’S The Point Of The Rule Of Law?, Martin Krygier
Buffalo Law Review
No abstract provided.
The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?,
2019
Private Law Department, Faculty of Law, University of North Sumatra, Indonesia
The Nationalization Of The Dutch Owned Plantations In North Sumatra: To Whom The Communal Land Belong?, Edy Ikhsan
Indonesia Law Review
This article has been developed through an analysis of primary and secondary sources concerning the nationalization’s policy of the Dutch enterprises in Indonesia as had been conducted by Soekarno’s regime back in 1958. The impact of this said policy has been so much felt very strongly to these days, most especially on the ex-concessionary lands of the Dutch enterprises in North Sumatera. The flaws made by the Indonesian government in interpreting the terminology of Concession to the Cultivation Rights on Lands, in the said nationalization policy, have created various endless conflicts among central and regional governments, state-owned enterprises, the Sultanates …
Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests,
2019
Roger Williams University School of Law
Legal Dilemmas Facing White House Counsel Int He Trump Administration: The Costs Of Public Disclosure Of Fisa Requests, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making,
2019
Indiana University Maurer School of Law
Devotion ̶T̶O̶ And The Rule Of Law: Acknowledging The Role Of Religious Values In Judicial Decision-Making, Priya Purohit
Indiana Law Journal
This Comment advocates for the acknowledgment of religious values in judicial decision-making in three parts. Part I explores the role of religion in American politics, and more specifically, the role of religion in federal judicial confirmation hearings and state-level judicial elections. Membership to an institutionalized religion often performs an essential gatekeeping function when it comes to assessing the background or personal values of a candidate for political or judicial office. The initially positive role of religion in judicial selection processes suggests that the practice of refusing to acknowledge the role that religion likely already plays in judicial decision-making is wholly …
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry,
2019
Penn State Dickinson Law
Prosecutorial Discretion: The Difficulty And Necessity Of Public Inquiry, Bruce A. Green
Dickinson Law Review (2017-Present)
Prosecutors’ discretionary decisions have enormous impact on individuals and communities. Often, prosecutors exercise their vast power and discretion in questionable ways. This Article argues that, to encourage prosecutors to use their power wisely and not abusively, there is a need for more informed public discussion of prosecutorial discretion, particularly with regard to prosecutors’ discretionary decisions about whether to bring criminal charges and which charges to bring. But the Article also highlights two reasons why informed public discussion is difficult—first, because public and professional expectations about how prosecutors should use their power are vague; and, second, because, particularly in individual cases, …
The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims,
2019
Penn State Dickinson Law
The Impact Of Prosecutorial Misconduct, Overreach, And Misuse Of Discretion On Gender Violence Victims, Leigh Goodmark
Dickinson Law Review (2017-Present)
Prosecutors are failing victims of gender violence as witnesses and when they become defendants in cases related to their own victimization. But it is questionable whether that behavior should be labeled misconduct. The vast majority of these behaviors range from misuses of discretion to things that some might consider best practices in handling gender violence cases. Nonetheless, prosecutors not only fail to use their discretion appropriately in gender violence cases, but they take affirmative action that does tremendous harm in the name of saving victims and protecting the public. The destructive interactions prosecutors have with victims of gender violence are …
International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda,
2019
University of Haxhi Zeka
International Criminal Responsibility In Kosovo: Establishment Of The International Criminal Court – De Lege Lata, De Lege Ferenda, Mujë Ukaj, Qendresa Jasharaj
International Journal on Responsibility
The Special Court of Kosovo (Kosovo Specialist Chambers and Specialist Prosecutor's Office) with headquarters in The Hague, is one of the biggest problems Kosovo faced since the declaration of independence. This topic has been treated very little in scientific terms, while in the media it is written very much, calling it harmful to Kosovo, and even had opinions that it is a racist court since the same will initially only judge the KLA (Kosovo Liberation Army) members for alleged war crimes in Kosovo. The Special Court of Kosovo is presented as a sui generis case in the practice of international …
Why Consumer Defendants Lump It,
2019
University of California, Irvine School of Law
Why Consumer Defendants Lump It, Emily S. Taylor Poppe
Northwestern Journal of Law & Social Policy
No abstract provided.
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors,
2019
University of Massachusetts, Amherst
Filling The Sex Trade Swamp: Robert Kraft And His Predecessors, Janice G. Raymond
Dignity: A Journal of Analysis of Exploitation and Violence
No abstract provided.
