Loading...
The incorporation of the International Covenant on Civil and Political Rights into Taiwan’s domestic law provided death row inmates with the legal basis to submit requests for the President’s mercy ... rendering decisions in support of the Presidents' inaction. The court justifications for these decisions were that the clemency power falls under the executive prerogative, and that it is a political question
office due to felony disenfranchisement laws. Thus, habitual offender laws target a formally disenfranchised group—people with felony convictions. That creates an archetypal political process problem. As ... he should raise that concern in the political arena, not the courts, and cast his vote accordingly. The problem for Brooker, and the one that animates this Article, is that he cannot vote. Because of
could prevent hate crimes from occurring in the first place. Those measures potentially include educational initiatives, conflict resolution programs, political reforms, social services, or other ... , political reforms, social services, or other proactive efforts aimed at the root causes of hate crimes. Focusing on the public conversation around anti-Asian hate crimes, this Essay argues that very
justice. First, beginning with the transition to democracy, this study traces shifts in opportunity structures including political and institutional changes; key judicial decisions as well as legal reforms ... interruption of pregnancy, “IVE”, for its acronym in Spanish), and multi-party collaboration, in a highly polarized political arena, had 1. See Hernán Gullco, One Year of the IVE (Voluntary Interruption of
ARTICLE REFORMING THE APPROACH TO POLITICAL OPINION IN THE REFUGEES CONVENTION Brienna Bagaric * ABSTRACT The number of displaced persons in the world is at an unprecedented high. There are more than ... fear of persecution for one of five very specific reasons. These reasons are race, ethnicity, particular social group, religion and political opinion. If these grounds are interpreted narrowly it
PiS came back to power in 2015, their leaders understood that bringing the judicial system under political control was crucial to the success of their other policy aims.22 PiS?s philosophy and policy ... philosophy and both, to some degree, included a broad spectrum of political interests from right, left, labor, and so on.60 In 2005, the PiS party candidates received a quarter of the vote, sufficient for a
popular and political will to pass the reforms must extend beyond the passage of the law and must also create mechanisms to scrutinize, guide, and support the judiciary’s implementation of the law. ... . Although these reforms were democratic and popular, judges were not sufficiently incentivized to properly implement the changes. If reforms are to succeed, the popular and political will to pass the reforms
, religion, nationality, membership in a particular social group, or political opinion, and are ultimately seeking refugee status from a receiving State.1 Generally, asylum seekers face an 1. See Anne P ... significant efforts to do so.27 Finally, the “Special Cases” categorization is an unofficial raking for States experiencing ongoing political instability.28 21. See id. at 77–607 (“Country Narratives”). 22
Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons - THE POLITICAL ECONOMY OF ENTRAPMENT RICHARD H. MCADAMS* INTRODUCTION By the time she was eighteen, Amy ... consider and critique the literature that seeks to justify the defense based on retributive theory, utilitarian theory, and political/institutional concerns. In each case, I do not claim that there is no
FORDHAM INTERNATIONAL LAW JOURNAL [Vol. Islamic-Socio-Political Activism? Nina Crimm 0 0 St. John's University School of Law Copyright c 2013 by the authors. Fordham International Law Journal is ... religious rituals and practices in countries of varying levels of economic development, political structures, and religious traditions including those of North America, the Middle East, Asia, and Africa.1
, INEQUALITY 247–48 (1993); G.A. Cohen, How to do Political Philosophy, in ON THE CURRENCY OF EGALITARIAN JUSTICE, AND OTHER ESSAYS IN POLITICAL PHILOSOPHY 228–29 (Michael Otsuka ed., 2011). to be punished.162 ... grateful to participants at the Stanford Law and Philosophy workshop for feedback on an early draft of this paper. And I owe special thanks to Juliana Bidadanure, Jessica Eaglin, James Forman Jr., Aziz Huq
law and Puerto Rico's commonwealth status. Part II provides background information on the political status debate in Puerto Rico and focuses on three key issues that arise in the context of self ... Berkeley Electronic Press (bepress). http://ir.lawnet.fordham.edu/ilj Resolving Puerto Rico’s Political Status Lani E. Medina In the case of Puerto Rico, the exercise of self-determination has raised, and
This Article is broken into five sections. Part I defines political risk. Part II provides a brief review of the academic literature showing the work that has been done in this area of law. Part III ... that has been done in this area of law. Part III argues that there have indeed been oscillations in the degree of political investment risk in the world and explains that investment risks rise when
is (prima facie) wrongful because it puts wrongful pressure on [the target’s] freedom to do otherwise.”); Mitchell Berman, Blackmail, in THE OXFORD HANDBOOK ON THE PHILOSOPHY OF THE CRIMINAL LAW 37, 62 ... personal or social characteristics such as psychological or emotional vulnerability, economic hardship, lack of a social safety net, and experience of natural disasters or political instability.56
Northwestern University School of Law Scholarly Commons Part of the Criminal Law Commons; Criminology Commons; and the Criminology and Criminal - AFTERWORD TO "LUNATICS AND ANARCHISTS: POLITICAL HOMICIDE IN
organization was not formed to fight for workers’ rights but for political reasons.34 Labor issues in all five complaints were embedded in human rights to the CFA’s eyes, which were typically narrated as a ... , and those who had lost their jobs due to their employer’s financial woes, shall be free to form trade unions of their own choosing, conduct political activities to promote social objectives, and enjoy
While there seems to be a consensus that political parties remain the sine qua non of western democracies, the question of under which conditions political parties could be dissolved has also been ... member of the Council of Europe suggests there are three categories of political parties faced with the prospect of dissolution. Part I of this Article describes the first category, the political parties
tried to capture the character of the German political-legal system as it had developed since the seventeenth century.9 As the subtitle of The Dual State: A Contribution to the Theory of Dictatorship ... Nazi Germany’s central features from our vantage point. supporting the Nazis, such as Carl Schmitt and Ernst Rudolf Huber.10 In a Dual State, Fraenkel argues, it is assumed that the “political sphere
offence.”26 But the philosophy of law that helped sustain and legitimize the slave trade for centuries remains central to jurisprudence regarding reparations THE OXFORD HANDBOOK OF SLAVERY IN THE AMERICAS ... trafficking today, chattel slavery has its genesis in internecine rivalry, religious and political conflict, and environmental degradation.29 Chattel slavery in the 27. Id. (“The forced labour definition
developments suggest that American penal philosophy may be inching toward norms—dignity, proportionality, legitimacy, and rehabilitation—that have checked draconian prison terms in Europe, Canada, and beyond. In ... divergence or convergence in penal philosophy. Notwithstanding the ebb and flow of penal attitudes, certain long-term trends have emerged in Western societies. They encompass a narrowing scope of offenders
