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Responding to an increase in the number of habeas corpus petitions filed by federal prisoners in the district courts whose jurisdictions included federal prisons,, Congress in 1948 enacted 28 U.S.C. § 2255.1 The statute's purpose is to provide federal prisoners with an expeditious remedy for correcting erroneous sentencing without resort to habeas corpus.' In an effort to restrict the number of evidentiary hearings required, section 2255 provides for denial of petitions in which the motion, files, and records of the case conclusively demonstrate that the prisoner is entitled to no relief." Since approximately two-thirds of all federal criminal prosecutions are disposed of by guilty pleas,' one of the allegations most often advanced in connection with a section 2255 claim is that the guilty plea was involuntary and thus insufficient to support the sentence imposed.' Theodore Brown, Jr. =============================== The instant decision is grounded in persuasive and well-reasoned criticism of the obvious defect rule and is a logical extension of the modern trend in products liability. The Campo doctrine is an anomaly in the law at a time when the manufacturer's liability is expanding in recognition of his superior position to recognize defects and provide safeguards; a doctrine that "amounts to an assumption of risk defense as a matter of law,"-" when the plaintiff's contributory fault need no longer necessarily bar his recovery, is clearly in apposite. The instant court's willingness to overturn along--established, judicially created rule of law represents a departure from the reasoning of the Campo court, which refused to allow the courts to become arbiters of safety, leaving the task to the legislature. The instant decision, it should be noted, is compatible with the comparative negligence statute recently enacted by the New York legislature. Janet R. Necessary

В статье рассматриваются вопросы законодательной и правоприменительной деятельности в области противодействия коррупционной преступности уголовно-правовыми средствами, и предлагаются пути совершенствования уголовного законодательства. ; In article questions of legislative and law-enforcement activity in the field of counteraction of corruption crime by criminal and legal means are considered, and ways of improvement of the criminal legislation are offered.

Abstract
Relevant data resources are critical for ai-supported decision-making. Thus, control over data, and how that moves across borders, has become a key point of international dispute. This article analyses the EU's international legal positionings regarding cross-border data flows in the context of an increasingly fierce global battle over data resources. It also asks whether the EU approach to data government, which is reflected in its international positionings, can contribute to address the pressing problem of the unequal distribution of the gains of the data driven economy in and among states. The article argues that EU's approach to data government is ridden with contradictions and that its centrepiece, the data protection framework, is best understood as a non-performative. This non-performativity, together with the determination to climb up the ladders of global digital value chains, makes the EU's position on cross-border data flows ambiguous and downgrades its punch in international negotiations.

We examine gender gaps in career dynamics in the legal sector using rich panel data from one of the largest global law firms in the world. The law firm studied is representative of multinational law firms and operates in 23 countries. The sample includes countries at different stages of development. We document the cross‐country variation in gender gaps and how these gaps have changed over time. We show that while there is gender parity at the entry level in most countries by the end of the period examined, there are persistent raw gender gaps at the top of the organization across all countries. We observe significant heterogeneity among countries in terms of gender gaps in promotions and wages, but the gaps that exist appear to be declining over the period studied. We also observe that women are more likely to report exiting the firm for family and work–life balance reasons, while men report leaving for career advancement. Finally, we show that various measures of national institutions and culture appear to play a role in the differential labour market outcomes of men and women.

The minority in Western Thrace, Greece, has long enjoyed a special status where family and inheritance matters were subject to Sharia law and religious jurisdiction (Mufti). After judicial controversy for many years over the compulsory character of this &ldquo ; minority privilege&rdquo ; the matter has been brought before the European Court of Human Rights (ECtHR). In view of the hearing of the case of Molla Sali v. Greece before the Grand Chamber, the Greek Parliament voted for the possibility for the members of this minority to choose either religious or civil law and jurisdiction&mdash ; a right for them to exit the minority community. Although a step forward, this right raises a serious challenge to the rule of equality before the law and the right to a fair trial. Therefore, the paper seeks its possible legal foundations in the international obligations of the Greek state to protect religious freedom and the minority community and stresses the need to be accompanied by the &ldquo ; right to voice&rdquo ; meaning a true reform of the procedure before the Mufti and an effective constitutionality control of his decisions.

Abstract
This article offers some general thoughts on the rule of law in international economic law. It begins by briefly defining the rule of law and indicating the legal sources on which it is based. It then shows that the TFEU, confirmed by the case law of the Court of Justice, requires the rule of law to be respected in the conduct of the Union's commercial policy. However, although the rule of law may be favourable to international trade and investment, it is not indispensable to them. The rule of law is conducive, but not essential, to trade and investment. For businesses, the risks associated with a weak respect for the rule of law represent a cost, which they take into account when setting the price of their products. Finally, it should be remembered that the principles of the rule of law do not apply in the same way in the domestic sphere as in international law. This article is intended as a panoramic introduction to the relationship between the rule of law and international economic law. More specialised studies are published later in this issue, including analyses focusing on trade or investment or national perspectives, such as that of China.

This article focuses on the legal nature of the civic duty to report an offence (Article 304(1) of the Code of Criminal Procedure). Assuming that the solution does not constitute a classic example of lex imperfecta, it is concluded that the breach of its provisions might produce effects only in the sphere of moral judgements. While reflecting on the so-called imperfect norms (norms without sanctions), the analysis concerns not only their legal nature and compliance with the requirements of the principles of legislative technique, but also the possibility of compliance with the current provisions of law being motivated by both an external compulsion and an internal compulsion arising out of the authority of law or persuasive and educational processes. Furthermore, based on the analysis of the civic duty to report an offence in terms of criminal trials, it is concluded that the mechanism does not merely create a regulatory framework for rewarding active civic involvement in crime prevention, but also mandates to count on loyalty of that part of society which has internalized certain norms and values correlating with the requirements of the criminal legislation for the public. It also implicates a need for sanction on criminal law.

The Senate on March 16, 1961, by a vote of 72 to 18, advised and consented to the ratification of the Convention on the Organization for Economic Cooperation and Development and its three protocols signed at Paris December 14, 1960. The Organization is a consultative forum capable of initiating agreements on the use and development of economic resources, on removing obstacles to trade and current payments, on liberalization of capital movements, on the flow of capital to less developed countries. The 20 signatories are the industrialized states of Europe, Canada and the United States. A vociferous opposition to the convention by interests that erroneously thought it might reduce tariffs was heard by the Senate Committee on Foreign Relations. Whether on that account or because they realized the importance of the convention itself, members of that committee in two executive sessions carefully probed official spokesmen to satisfy themselves that the convention did not affect the powers of the President or Congress. As a consequence, the resolution approving the convention took this unusual form:
Having regard to and in reliance on the statement in the letter of January 16, 1961, from Secretary of State Herter to President Eisenhower and transmitted by him to the Senate on January 17, 1961, that "the U. S. representative will not have any additional powers in substantive matters to bind the United States after the convention enters into force than now exist in the Executive, but that any act of the Organization outside the power of the Executive will require action by Congress or the Senate, as the case may be, before the United States can be bound," and having regard to and in reliance on the testimony of Secretary of the Treasury Dillon and Under Secretary of State Ball in behalf of the administration, and having regard to and in reliance on the Opinion of the Legal Adviser of the Department of State dated March 6, 1961, and quoted in the committee report of this convention:Resolved (Two-thirds of the Senators present concurring therein), That the Senate advise and consent to the ratification of the Convention on the Organization for Economic Cooperation and Development, together with two protocols relating thereto, signed at Paris on December 14, 1960, by representatives of the United States of America, Canada, and the 18 member countries of the Organization for European Economic Cooperation (Executive E, 87th Congress, 1st session), with the interpretation and explanation of the intent of the Senate that nothing in the convention, or the advice and consent of the Senate to the ratification thereof, confers any power on the Executive to bind the United States in substantive matters beyond what the Executive now has, or to bind the United States without compliance with applicable procedures imposed by domestic law, or confers any power on the Congress to take action in fields previously beyond the authority of Congress, or limits Congress in the exercise of any power it now has.

This work represents an analysis of and a reflection on the new challenges of humanitarian law in armed conflicts. It covers the jurisprudential dimension not only of the International Court of Justice, but also all the different legal bodies, including the ad hoc tribunals created by the United Nations. It analyses the purely doctrinal dimension of general aspects such as the solutions to world disorder in this field, the relationship between jus in bello and jus ad bellum, the principles of universal and international jurisdiction, and the notion of justice and peace. More concrete aspects include the situation of foreigners and journalists in armed conflicts, terrorist acts in terms of international humanitarian law and sexual violence as a war crime. Despite the range of themes addressed, they are all linked with the essential theme of the book, The New Challenges of Humanitarian Law in Armed Conflicts

The speed and uncertainty of environmental change in the Anthropocene challenge the capacity of coevolving social–ecological–technological systems (SETs) to adapt or transform to these changes. Formal government and legal structures further constrain the adaptive capacity of our SETs. However, new, self-organized forms of adaptive governance are emerging at multiple scales in natural resource-based SETs. Adaptive governance involves the private and public sectors as well as formal and informal institutions, self-organized to fill governance gaps in the traditional roles of states. While new governance forms are emerging, they are not yet doing so rapidly enough to match the pace of environmental change. Furthermore, they do not yet possess the legitimacy or capacity needed to address disparities between the winners and losers from change. These emergent forms of adaptive governance appear to be particularly effective in managing complexity. We explore governance and SETs as coevolving complex systems, focusing on legal systems to understand the potential pathways and obstacles to equitable adaptation. We explore how governments may facilitate the emergence of adaptive governance and promote legitimacy in both the process of governance despite the involvement of nonstate actors, and its adherence to democratic values of equity and justice. To manage the contextual nature of the results of change in complex systems, we propose the establishment of long-term study initiatives for the coproduction of knowledge, to accelerate learning and synergize interactions between science and governance and to foster public science and epistemic communities dedicated to navigating transitions to more just, sustainable, and resilient futures.

The Internal Revenue Service considers payments received under the Conservation Reserve Program self-employment income even though they are called "annual rental payments," and rental income from real property is generally excluded from self-employment income. Bills have been repeatedly introduced before Congress to statutorily exclude the Conservation Reserve Program payments from self-employment tax, but these bills generally have dies in committee. This report contains information on the background and congressional response to these issues.

Introduction : Negotiating the legitimacy of governance / John Wong & Michael Ng -- Rule of law in Hong Kong history demythologised : student umbrella movement of 1919 / Michael Ng -- "Our best trump card" : a brief history of deportation in Hong Kong, 1857-1955 / Christopher Munn -- Exclusion as oppression : a quest for extra-legal status for Chinese medicine in colonial Hong Kong / Yu Xiu-ling -- How the 1967 riots changed Hong Kong's political landscape, with the repercussions still felt today / Gary Ka-wai Cheung -- "Flying MPs" and political changes in a colonial setting : political reform under MacLehose's governorship of Hong Kong / Lui Tai-lok -- Between two episodes of social unrest below the Lion Rock : from the 1967 riots to the Umbrella Movement of 2014 / John Wong -- Social movements and the law : the case of Hong Kong / Albert Chen -- Civil disobedience and the rule of law / Benny Tai -- From civil disobedience to institutional politics : conflict over the Public Order Ordinance in 2000 / Agnes Ku -- The artwork of Hong Kong's Occupy Central Movement / Marco Wan -- Who speaks for the Lion Rock? : the pro-Cantonese campaign (or lack thereof) in Hong Kong / Stephen Chu.

"This book investigates the historical economic and legal regimes that legitimated the resource extraction and exploitation of Africa between the 15th and 19th centuries and led to the continent's trajectory of underdevelopment in the world system. The book interrogates the economic and legal structures that supported European intervention in Africa. It explores the trade and private property rights which were to shape the economic future of the continent, most notably the trade in human beings as legitimate private property by European powers. The book then looks at the techniques used to submerge African sovereignty under European sovereignty during the scramble for territorial control in the 19th century, concluding with the validation of occupation in international law during the 1884-85 Berlin Conference. The book argues that the doctrines of trade and property rights sanctioned by international law led to a trend of African dispossession that set the continent on a path to underdevelopment, with long-reaching consequences. This book will be of interest to researchers and students across law, history, economics, international relations, and African studies"--