Distinguishing Administrative Delegations from Constitutional Offices
In: Harvard Journal of Law and Public Policy Per Curiam (Forthcoming, 2024)
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In: Harvard Journal of Law and Public Policy Per Curiam (Forthcoming, 2024)
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Working paper
In: Hastings Constitutional Law Quarterly, Band Vol. 18:259
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This essay aims at explaining what the democratic and republican principles declared in the Brazilian Constitution represent – or could represent. First, the work considers the notion of a Constitution and its models, combined with the concept of rule of law. The author goes further and examines the idea of freedom, as it changes depending on the constitutional model followed, be it derived from the French or the American Revolution. Presenting the preoccupations of different experts regarding a constitutional system, the essay compares their arguments before considering the elements of the Brazilian Constitution and its preamble. In this context, it is made clear the influence of Brazilian History in the understanding of the meaning of democracy and republic in the country. Furthermore, concepts such as "individual", "citizen", "citizenship", "government", "equality", "communitarianism", "solidarity", "common good", "vote", among others, are all presented and understood through the lenses of the Brazilian Constitution and constitutional doctrine to build a wide-ranging yet comprehensible notion of democracy and republic in Brazil.
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World Affairs Online
In: The Parliamentarian: journal of the parliaments of the Commonwealth, Band 79, S. 344-346
ISSN: 0031-2282
The Chairman of the Convention, which met Feb. 2-13, 1998, to debate whether Australia should maintain its ties to the British monarchy or declare itself a republic, describes the procedures followed and recommendations for further action. A referendum will be held in the second half of 1999 to decide whether Australia should become a republic at the Centenary of Federation on Jan. 1, 2001.
In: University of La Verne Law Review Vol. 33 May 2012
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The subject of revolutionary overthrow of constitutional orders in Africa is at the intersection of three disciplines: jurisprudence and legal philosophy, constitutional law and power politics, and civil-military relations, that is, military security policy which is one aspect of national security policy. The subject is of interest in at least four ways. It problematizes the inescapable question of governance in the African continent. It challenges the democratization agenda in Africa ñ how does one democratize not only political governance but also the instruments of violence in the state? It.
Until either article 2, section 28 or the judicial construction of that section is modified, Tennessee will be unable to levy a general personal income tax. The revenue needs of the state will rise dramatically during the next twenty years, placing increasing strain on the antiquated and regressive privilege-property tax structure no win effect.' As noted earlier, a constitutional amendment specifically authorizing a personal income tax does not appear to be a likely prospect for the foreseeable future. The only feasible solution seems to be the passage of a nongraduated income tax, such as that proposed by the Tax Modernization and Reform Commission in an effort to prompt the Tennessee Supreme Court to reconsider and retreat from its present construction of section 28. This may not be as futile as it might at first appear. A nongraduated income tax, exempting the income from property taxed ad valorem, bears at least a surface resemblance to a property tax, and might be characterized as such. This tax would reach the income from personal services, tapping a major new source of revenue.
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In: Fordham Law Review, Forthcoming
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Advertising--Undisclosed Use of Simulations In Television Commercials--a Deceptive Practice ============================== Antitrust Law--News Service Package Contract, a Tying Arrangement under Section I of the Sherman Act ============================== Antitrust--Union-Employer Agreements as to Labor Demands To Be Sought From Other Employers ============================== Constitutional Law--Laws Prohibiting the Use of Contraceptives by Married Couples for the Prevention of Conception Are Unconstitutional ============================== Constitutional Law--Rights of Addressee To Receive "Communist Political Propaganda" Protected Under First Amendment ============================== Federal Courts--Erie Doctrine Not the Test for Applicability of Federal Rules of Civil Procedure ============================== Constitutional Law--Televising of Criminal Trials Held Violative of the Right to a Fair Trial ============================== Labor Law--National Labor Relations Act--Bargaining Lockout of a Single Employer Held Valid ============================== Power To Compel United States Attorney To Sign Indictments Returned by Grand Jury ============================== Taxation--Federal Excise Tax-Discrimination and Abuse of Discretion Under Section 7805(b) ============================== Taxation--Federal Income Taxation-Attorneys' Fees Incurred in the Unsuccessful Defense of a Criminal Prosecution Deductible Under Section 162 ============================== Torts--Government Tort Immunity--Statement of a Cause of Action for Injuries Resulting From Assault by Police Dog
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In: American journal of international law: AJIL, Band 1, Heft 4, S. 914-929
ISSN: 2161-7953
The recent report on Citizenship of the United States, Expatriation, and Protection Abroad, together with the work of Mr. Van Dyne on Citizenship of the United States, and the invaluable Digest of International Law, by Prof. John Bassett Moore, render easily accessible and readily comprehensible the principles of the American law with reference to the status of our citizens and of aliens for the time being within our territorial limits. At the same time, however, these publications make more evident the fact that, in many instances, the conflicting claims of two or more states upon the same individual are settled rather by mutual concessions than upon principle; that legal and political rights are asserted, but with an understanding, more or less explicit, that under given circumstances they will not be exercised. Thus, by a legislative act, legally binding upon our executive and judicial officers, we have declared the right of the individual to expatriate himself to be an absolute and indefeasible one, and that the naturalized American citizen is to have the same rights and is to receive the same protection as the native-born citizen, whether or not the state of original allegiance consents to the expatriation thus involved. In practice, this law, thus formally declared, has never been rigidly enforced, for the very good reason that to attempt to do so would lead to constant and serious international difficulties.
In: Loyal International Law Review, Band 3, Heft 165
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In: Sydney Law Review, Band 36, Heft 2, S. 205-230
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In: 49 New England L. Rev. 201 (2015)
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