Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart,
2019
Princeton University Program in Law and Public Affairs
Understanding The Politics Of Resentment: Of The Principles, Institutions, Counter-Strategies, Normative Change, And The Habits Of Heart, Tomasz Tadeusz Koncewicz
Indiana Journal of Global Legal Studies
The paper asks, when is a constitutional design of any (domestic, international, supranational) polity in error? On the most general level, such a critical juncture occurs when a polity's founding document (treaty, convention, constitution) protects against dangers that no longer exist or does not protect against the dangers that were not contemplated by the founders. Constitutions not only rule but should also protect against deconstitution. When analyzed together, the cases of Hungary, Poland, South America, and more recently, the United States, suggest a worrying new pattern of the erosion of constitutional democracies. One may even speak of a recipe for …
Due Process Supreme Court Rockland County,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process Supreme Court Appellate Division Third Department
Touro Law Review
No abstract provided.
Due Process Supreme Court Appellate Division,
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process People V. Scott (Decided June 5, 1996),
2019
Touro University Jacob D. Fuchsberg Law Center
Due Process People V. Scott (Decided June 5, 1996)
Touro Law Review
No abstract provided.
Due Process Court Of Appeals,
2019
Touro University Jacob D. Fuchsberg Law Center
Supreme Court Queens County,
2019
Touro University Jacob D. Fuchsberg Law Center
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.
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 …
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 …
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 …
