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The University of Pennsylvania Law Review's symposium on executive discretion, held in the fall of 2015 but just published this November, is an important undertaking, but it is remarkable for several silences – for things left unsaid on this important subject – and for questions not asked. First, although the Constitution's "Take Care" Clause is extensively discussed, the one power Article II gives the President over domestic administration – to require the "Opinion, in writing" of the heads of the agencies Congress has invested with administrative duties – is not. Second, the discussion of the President's undoubted but possibly constrained authority to remove officials of whose actions he disapproves omits discussion of the difference between the strictly political discretion enjoyed by some officers in some functions, and the law‐constrained discretion enjoyed by others. Third, discussion of the executive branch's clear advantages in dealing with complex, technological issues of fact, as compared to Congress and the courts, omits discussion of the possibility that the opaqueness of the executive's internal functioning may prevent understanding of the extent to which electorally driven politics, not technical expertise, controls its actions. And finally, the empirical exploration of the public's attitude toward possible differences between presidential oversight and presidential control frames its questions in a manner likely to have predetermined its outcome, and in considering the impact on public perceptions does not address the possible impact on administrators' behavior of their understanding whether the President's views have only political or (rather) legal bearing on the issues statutes say they are to decide. This Response addresses each topic in turn.

В статье рассматриваются основные этапы становления и развития парламентаризма в Таджикистане. Выделены основные тенденции деятельности представительных органов власти в Советском Таджикистане, рассмотрены полномочия Всетаджикского съезда Советов, съезда Советов Таджикистана. Отмечено, что Конституция Таджикистана 1937 г. заложила основы становления парламентаризма в Таджикистане, установив разделение государственной власти. Дана характеристика особенностей деятельности Верховного Совета Таджикской ССР. Отмечено, что дальнейшее развитие парламентаризма получило развитие с принятием Конституций 1978 и 1988 гг. Формирование современной парламентской системы в Таджикистане связано с принятием Конституции в 1994 г., признанием института свободного мандата, созданием двухпалатного парламента. Автор отмечает важную роль парламентаризма как «мягкой силы» в становлении таджикской политической системы. = This article discusses the basic stages of formation and parliamentarism development in Tajikistan. The basic trends of activities of representative bodies of power in the Soviet Tajikistan are highlighted, the powers of Vsetadzhiksky Congress of Soviets, the Congress of Soviets of Tajikistan are described. It was noted that Tajikistan's Constitution of 1937 laid the first foundations of the formation of parliamentarism in Tajikistan, establishing the division of state power. The characteristic features of the activities of the Supreme Council of the Tajik SSR has been revealed. It was noted that further development of the parliamentary system was developed with the adoption of the 1978 and 1988 Constitutions. Formation of a modern parliamentary system in Tajikistan has started after the adoption of the Constitution in 1994 by recognition of the institute of free mandate and the creation of a bicameral parliament – Majlisi Namoyandagon and Majlisi mili. The author rightly notes the important role of parliamentarism as «soft power» in the development of the Tajik political system.

Maģistra darbā aplūkota Latvijas Padomju rakstnieku savienības ietekme uz literāro procesu no 1956. līdz 1969. gadam, izvērtējot, cik lielā mērā Rakstnieku savienības valde pakļāvās komunistiskās partijas direktīvām un kāda bija valdes lēmumu suverenitātes pakāpe. Pētījuma mērķis ir konstatēt un analizēt metodes un veidus, ar kādiem savienības valde organizēja un kontrolēja literāro procesu Latvijā atbilstoši politiskajām un ideoloģiskajām pārmaiņām PSRS varas struktūrās. Lai sasniegtu pētījuma mērķi, tika izpētīti Latvijas Valsts arhīvā pieejamie Rakstnieku savienības valdes sēžu un komunistiskās partijas pirmorganizācijas dokumenti. Būtiska nozīme bija Rakstnieku savienības V kongresam 1965. gadā, pēc kura Rakstnieku savienība kļuva par sava veida radošās inteliģences patvērumu un spēcīgi ietekmēja turpmāko literāro procesu. Atslēgas vārdi: Rakstnieku savienība, Padomju savienība, 50.–60. gadi, latviešu literatūra, kultūrpolitika ; The present paper examines the influence of the Board of the Latvian Soviet Writers' Union on the literary process (1956–1969), assessing the Board's obedience to the Communist Party and the degree of independence in the Board's decision-making. The goal of this paper is to describe and analyse the Board's methods for organising and controlling the literary process in Latvia in accordance with the political and ideological changes in the Soviet authorities. To accomplish this, the author of the paper analysed various documents belonging to the Board and the Communist Party available at the National Archives of Latvia. The Board's congress in 1965 was particularly important in this regard. After the congress, the Board became a sanctuary to the intelligentsia and had a big impact on the literary process. Keywords: Writers' Union, the Soviet Union, the 1950s–the 1960s, Latvian literature, cultural policy.

India's experiment in mass democratization has been explained and legitimized with the help of a persuasive model: the ideal-type concept of the "dominant one-party system". Continuously elaborated and adjusted, it has served to analyze India's political evolution and idealize its peculiar variant of secularism, federalism and (Congress-dominated) party politics. In addition, it has upheld the Congress Party's ideology and programme. Like every model, it accentuates certain features, while marginalizing others – the mechanisms of political patronage, institutional decay, persistent poverty and caste politics. Partha Chatterjee's concept of a "political (caste) society", in contrast to a full-fledged civil society, opens the perspective to an analysis of the mechanisms and routines by which fully mobilized and assertive caste elites dominate and exploit parties, patronage and the state, especially at the regional and local level. The paper attempts, first, to demonstrate the ideological limitations of the prevailing "dominant party" model. Then it describes the arenas and procedures of the politicized caste society: the distribution of party "tickets", dynastic (caste) politics and competition for (caste) vote banks and a minimal winning coalition of castes. Finally, it outlines an accelerating clash of interests. Whereas the mobilized and politicized caste society occupies and exploits the institutions of the state and the "commanding heights" of the planned economy, the imperatives of market liberalization and globalization demand a retrenchment of caste patronage and a reform of strategic institutions on the basis of merit and open access – to ensure those growth rates on which India's political caste-society and mass-politics now depend.

In light of the vast amount of funding the U.S. Government provides for federal programs and its desire to abate corruption, Congress enacted 18 U.S.C. § 666 to protect federal funds from being used to further illegal activity. Section 666 was enacted to supplement the provisions of the federal bribery statute, 18 U.S.C. § 201, and enable federal prosecutors to combat the misuse of federal funds, even at the state and local level. While § 201 specifically prohibits both bribes and gratuities, § 666 does not explicitly prohibit gratuities in addition to bribes. For many years, the federal courts of appeals consistently held that § 666 criminalizes both bribes and gratuities. In the summer of 2013, however, the First Circuit broke ranks and became the first federal appellate court to exclude gratuities from the reach of § 666. The First Circuit found that the plain language of the statute, as well as the legislative history, indicate that Congress did not intend for § 666 to criminalize gratuities as well as bribes. Furthermore, the First Circuit noted, the maximum penalty imposed under § 666 and public policy concerns also weigh in favor of limiting § 666's proscription only to bribes. This Comment first discusses the history of § 666, and its predecessor, § 201, including U.S. Supreme Court interpretations of each statute. This Comment then examines the split in the federal courts over whether § 666 criminalizes gratuities as well as bribes and analyzes the advantages and disadvantages of each approach. Finally, this Comment advocates Congressional intervention to clarify the scope of § 666 in accordance with the First Circuit's interpretation that § 666 prohibits only bribes, not gratuities.

This paper describes a small sample study of internal auditor responsiveness to The Clean air Act Amendment (CAA) of 1990 and the centerpiece of the Act, the Emission Allowance (EA) Program. The use of EAs represent an experiment by Congress to enhance corporate ï¬'exibility in complying with one aspect of environmental legislation, lf the experiment proves successful, Congress will likely extend similar ï¬'exibility in future pollution control initiatives. Corporations and their professional staff, therefore, in addition to the usual need of managing important assets that EAs represent, also have a public interest incentive to make more than a passing interest in this program. The results of the study indicate, however, that international auditors have not taken a proactive interest in the CAA of I990 and its EA program. lnternal auditors who attended the 1994 Seventh Annual National Utility Coal Conference were surveyed on various aspects of the Act was to become operational, their knowledge of and involvement in the issues related to the Act could only be characterized as moderate at best. In 1995, after one year of the Act being operational, the same internal audit organizations were surveyed. Changes were insigniï¬cant. As a result of the comparison between the l994 survey and the follow-up survey at the end of 1995, it was concluded that, rather than a proactive responsiveness on the part of the accounting profession as called for by some in the profession concerned about environmental matters, the response of internal auditors who are most immediately affected by this legislation would have to be characterized as conventional and reactive.

From the Palacio do Planalto to the favelas of Rio de Janeiro, Brazilians have been demanding reforms to their onerous national tax system since they first drafted a democratic constitution in 1988. In 1995, 2003 and again in 2008 the general consensus induced the president to propose sweeping reforms that would alter many aspects of Brazil's intricate tax structure. In all three cases, however, congress members voted down the most important measures common to each proposal. Many analysts rightly argue that clientelist and regionalist behavior in Congress has undoubtedly helped increase the national tax burden and continues to frustrate tax reform efforts. But these systemic traits, variably common in many democratic countries, are not the fundamental obstacles to reform. It is the president's strategy of how he imposes losses on powerful interest groups that has impeded legislation. Instead of isolating groups so as to more easily impose losses on them, each of the three gargantuan proposals attempted to impose severe losses on several key groups at the same time. In line with the logic of game theory, those actors who stood to lose from reforms created diverse voting coalitions that transcended party and regionalist politics. While each was too weak to defeat the bill on their own, together they could work to frustrate congressional negotiations. By contrast, Cardoso and Lula succeeded at smaller reforms only when they targeted specific measures within their large proposals. These cases should be clear lessons for the current president, Dilma Rousseff, that she can only expect a systemwide transformation through a long process of small congressional victories.

Auf dem Weg zu einer nachhaltigen globalen Gesundheit bedarf es umfassender Strategien und Anstrengungen. Im Mai 2007 berieten Fachleute verschiedener Disziplinen auf dem Kongress "Towards sustainable Global Health" in Bonn über Herausforderungen und Strategien. Vor dem Hintergrund dieses Kongresses wurden in einer Literaturarbeit die Risiken und Herausforderungen, die dem Erreichen einer globalen Gesundheit im Wege stehen, analysiert und Lösungsvorschläge gegeben. Basierend auf den Gemeinsamkeiten in den Beschreibungen einzelner Problemfelder und deren Lösungsstrategien, wurden Thesen formuliert, die als Indikatoren für nachhaltige Entwicklung dienen. Aufgegriffen wurde dabei auch der "Call for Action", der auf dem Bonner Kongress verabschiedet wurde. Es wurde deutlich, dass Gesundheit einen entscheidenden Faktor zum Erreichen einer nachhaltigen Entwicklung darstellt und zur Bekämpfung von Armut besondere Priorität erhalten muss. Für eine praktische Umsetzung der Thesen wurde eine Checkliste erstellt, die sich sowohl an nationale Programme als auch an Programme von Nichtregierungsorganisationen und Regierungen aus dem Ausland wendet, um ihre Inhalte auf Nachhaltigkeit zu prüfen. ; Riscfactors and international concepts towards a sustainable global health To achieve sustainable global health, it is necessary to develop and implement a holistic approach of broad strategies and efforts. In May 2007, professionals of different disciplines discussed challenges and strategies at the Congress "Towards Sustainable Global Health" in Bonn, Germany, which were summarised in the so called Bonn declaration. The identified risks and challenges that impede the achievement of global health were analysed in a literary study that also provided approaches to strategies. Based on similarities in the descriptions of several problem areas, their specific strategy, and the "Call to Action" adopted by the Congress, theses were formulated to serve as indicators for sustainable development. It became clear that health is a crucial factor for the accomplishment of sustainable development and should be given high priority in the fight against poverty. A checklist was generated for the practical implementation of the theses. This checklist addresses national programs as well as policies of non-governmental organizations and governments of foreign countries to reassess their programs in terms of the desired result.

PurposeThe main purpose of this paper is to propose a strategy to promote the culture of peace in the Palestinian‐Israeli struggle. The Bangladesh approach to peacemaking offers a dual strategy: conflict management in the Israeli‐Gaza situation and conflict resolution in the Israeli‐West Bank case. The first is designed to reduce the level of violence in intensified conflict. The second intends to build the foundations of a peaceful social order.Design/methodology/approachThe paper develops and elaborates the second part of the Bangladesh approach. It offers a strategy to build the foundations for a peaceful social order in the Israeli West‐Bank situation. The paper includes theoretical background, examples from other cases of intractable conflict, and lessons from the "Minds of Peace Experiment" – a simulation of a potential Palestinian‐Israeli public negotiating congress – which was conducted at the University of Missouri‐St Louis.FindingsThe paper presents two competitive models of peacemaking and proclaims them complementary: the political élite and the public assembly. The first intends to reach a peace pact through interactions between political élites. The second intends to prepare the people for a reasonable peace process through the establishment of a major institution for conflict resolution – a public negotiating congress.Originality/valueThe public‐assembly model is new in the Palestinian‐Israeli experience. The paper offers a program to create the conditions for establishing a major Palestinian‐Israeli public assembly: a public negotiating congress. It is the first time in the history of the struggle where ordinary people are intended to be substantially involved in the negotiating and the peacemaking process.

In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.

Since the passage of the Marine Mammal Protection Act (MMPA) of 1972, populations of California Sea Lions have increased, until today their numbers are reported to be larger than at any other time in the past several centuries. This is a case of a federal law being too successful. In 1997, a report co-authored by the National Marine Fisheries Service (NMFS) and the Pacific States Marine Fisheries Commission offered Congress some sound recommendations for changes to the MMPA, aimed at beginning to place some management controls on this exploding population. Eleven years later, not one of the recommendations has been implemented, and there has been no reauthorization of the MMPA. A number of incidents have pointed up the fact that injuries of humans by sea lions have been increasing, and some regulatory changes are needed now to slow down the aggressive packs of sea lions. In addition, more and more property damage has been reported, both against boats and on the docks in marinas, up and down the coast. We no longer have the luxury of ignoring what is becoming a very serious public problem. The sportfishing industry is working for changes in the MMPA and for appropriate funding, and is asking Congress to direct the NMFS to take the lead in the development of effective non-lethal deterrent devices, so as to allow the industry to co-exist with these marauding gangs of pinnipeds. The funding would create the incentives so that the private sector would partner with NMFS in developing the needed deterrent devices.

The text discusses the course of the public policy, established between 1986 and 1998, towards the opening of telecomunications in Brazil, that had as its goals, first, to improve private sector's flexibility of entry and, second, to exclude the state as a producer and to reestablish new regulation functions. The text examines the decision process involved in the policy established along the period. It takes the perspective that decisions about the policy adopted in the sector were affected, mainly, by the interests of the actors involved, by their coalitions and alliances, by the changes and recompositions engendered around the policy and by the crucial state mediations. The text deals with the opening policy, so called private-liberal, in each period, and the alternative proposals that presented themselves in the decision arenas, in the Congress, Executive and market ambit. ; The text discusses the course of the public policy, established between 1986 and 1998, towards the opening of telecomunications in Brazil, that had as its goals, first, to improve private sector's flexibility of entry and, second, to exclude the state as a producer and to reestablish new regulation functions. The text examines the decision process involved in the policy established along the period. It takes the perspective that decisions about the policy adopted in the sector were affected, mainly, by the interests of the actors involved, by their coalitions and alliances, by the changes and recompositions engendered around the policy and by the crucial state mediations. The text deals with the opening policy, so called private-liberal, in each period, and the alternative proposals that presented themselves in the decision arenas, in the Congress, Executive and market ambit.

In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.

In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.

In this master study "Lithuania association of local authorities juridical condition fundamentals and its practical and comparative aspects" student presents a phenomenon of establishment of Lithuania municipality association (LMA), accredited law acts and an activity of LMA administration. So far there are no published any researching material about LMA structure. More information may be found on a weekly magazine "Savivaldybių žinios" which presents more news and problems of municipalities. Therefore this study is the first step in researching interesting and active LMA activity. Study authoress reviews historical facts of LMA establishment, compares the activity of similar associations abroad. Moreover authoress presents lawsuits that became precedents in juridical practice which are related with municipalities or LMA. Special status worth LMA is established not according to legislation of associations, but according to legislation of Seimas of the Republic of Lithuania "Due to the main rules of municipalities association" (1995.03.28 No. I-833). Such attitude of the authorities strengthened representation of local self-government in region and central policy. A huge support was granted to LMA from Europe local and region authority congress in Strasbourg in 2001 may 31. References of Strasbourg congress sustained local government institutions that full and exclusive authority must be given and this authority cannot be canceled or limited by central or region government institutions (validated Europe local authority charter). All these facts allows to conclude that establishment of LMA was necessary in strengthening the performance of local authority, also in strengthening equal relationships, representation and contribution to Lithuania central government which not always legally protected and defended local authority.