To Establish Constitutional Procedures for the Imposition of Capital Punishment PDF Download

Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
Publisher:
ISBN:
Category : Capital punishment
Languages : en
Pages : 340

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Author: Reo Matsuzaki
Publisher: Cornell University Press
ISBN: 1501734857
Category : Political Science
Languages : en
Pages : 183

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How do modern states emerge from the turmoil of undergoverned spaces? This is the question Reo Matsuzaki ponders in Statebuilding by Imposition. Comparing Taiwan and the Philippines under the colonial rule of Japan and the United States, in the late nineteenth and early twentieth centuries, he shows similar situations produce different outcomes and yet lead us to one conclusion. Contemporary statebuilding efforts by the US and the UN start from the premise that strong states can and should be constructed through the establishment of representative government institutions, a liberalized economy, and laws that protect private property and advance personal liberties. But when statebuilding runs into widespread popular resistance, as it did in both Taiwan the Philippines, statebuilding success depends on reconfiguring the very fabric of society, embracing local elites rather than the broad population, and giving elites the power to discipline the people. In Taiwan under Japanese rule, local elites behaved as obedient and effective intermediaries and contributed to government authority; in the Philippines under US rule, they became the very cause of the state's weakness by aggrandizing wealth, corrupting the bureaucracy, and obstructing policy enforcement. As Statebuilding by Imposition details, Taiwanese and Filipino history teaches us that the imposition of democracy is no guarantee of success when forming a new state and that illiberal actions may actually be more effective. Matsuzaki's controversial political history forces us to question whether statebuilding, given what it would take for this to result in the construction of a strong state, is the best way to address undergoverned spaces in the world today.

Author: Martin Hearson
Publisher: Cornell University Press
ISBN: 1501755994
Category : Business & Economics
Languages : en
Pages : 162

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In Imposing Standards, Martin Hearson shifts the focus of political rhetoric regarding international tax rules from tax havens and the Global North to the damaging impact of this regime on the Global South. Even when not exploited by tax dodgers, international tax standards place severe limits on the ability of developing countries to tax businesses, denying the Global South access to much-needed revenue. The international rules that allow tax avoidance by multinational corporations have dominated political debate about international tax in the United States and Europe, especially since the global financial crisis of 2007–2008. Hearson asks how developing countries willingly gave up their right to tax foreign companies, charting their assimilation into an OECD-led regime from the days of early independence to the present day. Based on interviews with treaty negotiators, policymakers and lobbyists, as well as observation at intergovernmental meetings, archival research, and fieldwork in Africa and Asia, Imposing Standards shows that capacity constraints and imperfect negotiation strategies in developing countries were exploited by capital-exporting states, shielding multinationals from taxation and depriving nations in the Global South of revenue they both need and deserve. Thanks to generous funding from the Gates Foundation, the ebook editions of this book are available as Open Access volumes from Cornell Open (cornellpress.cornell.edu/cornell-open) and other repositories.

Author: Gustavo Pereira
Publisher: Springer Nature
ISBN: 303026520X
Category : Philosophy
Languages : en
Pages : 190

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Social pathologies are social processes that hinder how individuals exercise their autonomy and freedom. In this book, Gustavo Pereira offers an account of such phenomena by defining them as a cognitive failure that affects the practical imagination, thus negatively interfering with our practical life. This failure of the imagination is the consequence of the imposition of a type of practical rationality on a practical context alien to it, caused by a non‐conscious transformation of the individuals’ set of beliefs and values. The research undertaken provides an innovative explanation in terms of microfoundations based on the mechanism of “availability heuristic”, by which the diminished exercise of the imagination turns the intuitively available or prevailing rationality into the one that regulates behaviour in inappropriate contexts. Additionally, this incorrect regulation results in a progressive distortion of the shared sense of the affected practical contexts, which becomes institutionalized. Consumerism, bureaucratism, moralism, juridification, some forms of corruption and the particular Latin American case of “malinchism” can be interpreted as social pathologies insofar as they imply such distortion. This way of conceptualizing social pathologies integrates the traditional sociological macro‐explanation manifested through the negative consequences of the processes of social rationalization with a micro‐explanation articulated around the findings of cognitive psychology such as availability heuristic. Understanding social pathologies as a cognitive failure allows us to identify the introduction of normative friction as the main way to counteract their effects. One of the potential effects of normative friction, as a specific form of cognitive dissonance, is the intense exercise of the imagination, thus operating as a condition of possibility for the exercise of autonomy and reflection. Democratic ethical life, understood as a shared democratic culture, as well as social institutions and narratives, are the privileged social spaces and means to trigger reflective processes that can counteract social pathologies through a reflective reappropriation of the meaning of the shared practical context. An extraordinary contribution by a Critical Theorist to the return of the concept of imagination today. It takes up the challenge once taken by Kant to think about imagination as the pivotal activity not only of knowledge and experience, but above all, for action. The author claims that imagination makes criticism possible (pathologies) and it allows us to envision alternative views into the path for social transformation. Without imagination nothing is possible. María Pía Lara, Universidad Autónoma Metropolitana-Iztapalapa, Mexico

Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216

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The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Author: Clive Stanbrook
Publisher: Kluwer Law International B.V.
ISBN: 9041109323
Category : Law
Languages : en
Pages : 460

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This book, now in its third edition, is written for lawyers, trade associations and marketing managers. It is one of the first to deal with the new regulations on dumping and subsidies which were adopted to implement the European Union's obligations under the Uruguay Round's 1994 Anti-Dumping Code and the 1994 Subsidies and Countervailing Measures Code. It places the highly complex subject of dumping and subsidisation in its WTO and EU contexts before taking the reader through a legal and arithmetical analysis of the technicalities involved. The book has been completely revised and expanded since it was last published in 1983, and provides many more worked examples, and draws on the much enlarged case-law of the European Court of Justice to illustrate the discussion. With more than ten years additional experience since the last edition, the authors provide a stimulating analysis of the turning points in Community anti-dumping law: revocation of undertakings, non-cooperation, five year sunset reviews, screwdriver assembly, anti-absorption measures, newcomer reviews, and now, with the new regulations, currency conversions, detailed rules on sampling methods, de minimis rules on injury, procedural deadlines, consumer interests and a new approach to circumvention.

Author: United States. Congress. Senate. Committee on the Judiciary
Publisher:
ISBN:
Category : Capital punishment
Languages : en
Pages : 428

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Author: United States. Congress. Senate. Committee on Interstate and Foreign Commerce
Publisher:
ISBN:
Category : Fines (Penalties)
Languages : en
Pages : 70

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Author: United States. Congress. Senate. Committee on the Judiciary. Subcommittee on Criminal Laws and Procedures
Publisher:
ISBN:
Category : Capital punishment
Languages : en
Pages : 336

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Author: Frank Hendrickx
Publisher: Kluwer Law International B.V.
ISBN: 9403531665
Category : Law
Languages : en
Pages : 668

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The right to privacy is a fundamental right. Along with the related right to personal data protection, it has come to take a central place in contemporary employment relations and shows significant relevance for the future of work. This thoroughly researched volume, which offers insightful essays by leading European academics and policymakers in labour and employment law, is the first to present a thoroughly up-to-date Europe-wide survey and analysis of the intensive and growing interaction of workplace relations systems with developments in privacy law. With abundant reference to the EU’s General Data Protection Regulation, the case law of the European Court of Human Rights, and the work of the International Labour Organisation, the book proceeds as a series of country chapters, each by a recognised expert in a specific jurisdiction. Legal comparison is based on a questionnaire circulated to the contributors in advance. Each country chapter addresses the national legal weight of such issues and topics as the following: interaction of privacy and data protection law; legitimacy, purpose limitation, and data minimisation; transparency; role of consent; artificial intelligence and automated decision-making; health-related data, including biometrics and psychological testing; monitoring and surveillance; and use of social media. A detailed introductory overview begins the volume. The research for this book is based on a dynamic methodology, founded in scientific desk research and expert networking. Recognising that the need for further guidance for privacy at work has been demonstrated by various European and international bodies, this book delivers a signal contribution to the field for social partners, practitioners, policymakers, scholars, and all other stakeholders working at the crossroads of privacy, data protection, and labour law.