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Justice for the Marginalized in a Constitutional Democracy

open access: yesCaste
This article draws attention to the historical context of the Criminal Tribes Act 1871 to throw light on how colonial logic worked with the existing caste structures in India to produce a unique form of legal and social disadvantage for these ...
P.S. Narasimha
doaj   +1 more source

Computational geometry and the U.S. Supreme Court [PDF]

open access: yesarXiv, 2018
We use the United States Supreme Court as an illuminative context in which to discuss three different spatial voting preference models: an instance of the widely used single-peaked preferences, and two models that are more novel in which vote outcomes have a strength in addition to a location. We introduce each model from a formal axiomatic perspective,
arxiv  

The Heathrow Case in the Supreme Court: Climate Change Legislation and Administrative Adjudication

open access: yesThe Modern Law Review, Volume 86, Issue 1, Page 226-237, January 2023., 2023
In R (on the application of Friends of the Earth Ltd and others) v Heathrow Airport Ltd the UK Supreme Court allowed an appeal against the Court of Appeal's decision that there had been a series of legal errors in the designation of the Airport National Policy Statement.
Joanna Bell, Elizabeth Fisher
wiley   +1 more source

Chinese Development Finance and African Policy Space: Towards Productive Incoherence?

open access: yesJournal of International Development, EarlyView.
ABSTRACT How does Chinese Development Finance influence perceptions of policy space across Sub‐Saharan Africa? This paper employs Grabel's concept of ‘productive incoherence’ to both describe the ‘new development finance landscape’ and to explore its implications for recipient‐country policy space.
Jack Taggart, Han Cheng, Marcus Power
wiley   +1 more source

The Possibility of Lawful Act Economic Duress:  Pakistan International Airlines Corp v Times Travel (UK) Ltd

open access: yesThe Modern Law Review, Volume 86, Issue 1, Page 238-248, January 2023., 2023
The voidability of a contract procured by ‘economic duress’ is now well‐established, but the precise boundaries of the doctrine remain contested. In Pakistan International Airlines Corp v Times Travel (UK) Ltd [2021] UKSC 40, the Supreme Court confronted the longstanding controversy as to whether a threat to perform a lawful act can provide grounds for
Timothy Pilkington, David Winterton
wiley   +1 more source

“We're Not Going to Be a Coal Superpower Anymore”: Political Discourse, Elections, and Everyday Economics in the Coalfields of Southwest Virginia

open access: yesJournal for the Anthropology of North America, EarlyView.
ABSTRACT In the coalfields of Appalachia, coal production and employment have steadily decreased over the last two decades, yet political discussions in every recent election cycle continue to focus on coal or fossil fuels as the answer to the region's economic woes.
Julie Shepherd‐Powell
wiley   +1 more source

Cautious scrutiny: The Federal Climate Change Act case in the German Constitutional Court

open access: yesThe Modern Law Review, Volume 86, Issue 1, Page 263-275, January 2023., 2023
In a unanimous decision of 24 March 2021, the German Federal Constitutional Court declared certain provisions of the Federal Climate Change Act (FCCA) unconstitutional. The Court upheld the greenhouse gas emission targets for the period until 2030 but found the outlined review procedure for the following years lacking: it failed to adequately specify ...
Stefan Theil
wiley   +1 more source

Exploring the Nexus of Common Good and the Neo‐Weberian State: A Comparative Analysis of Brazil and Mexico

open access: yesPublic Administration and Development, EarlyView.
ABSTRACT This article provides a conceptual analysis of the Common Good and its influence within the Neo‐Weberian State (NWS) framework. By addressing concerns regarding its practical application and the effects on public sector reforms, the research delves into the dynamics of crisis management and highlights the conflict between economic influence ...
Diego Galego   +2 more
wiley   +1 more source

‘If I Would Stay Alive, I Would Be Their Voice’: On the Legitimacy of International People's Tribunals

open access: yesThe Modern Law Review, Volume 86, Issue 1, Page 67-84, January 2023., 2023
In recent years there has been a proliferation of People's Tribunals (PTs), promising to address atrocities that have fallen through the net of a statist international legal order. However, the status of such informal tribunals has remained controversial in both literature and practice.
Aldo Zammit Borda, Stefan Mandelbaum
wiley   +1 more source

STJECANJE PRAVA VLASNIŠTVA DOSJELOŠĆU NA NEKRETNINAMA U DRUŠTVENOM VLASNIŠTVU U SVJETLU NOVE PRAKSE EUROPSKOG SUDA ZA LJUDSKA PRAVA

open access: yesZbornik Pravnog Fakulteta Sveučilišta u Rijeci, 2017
Dosjelost kao institut građanskog prava poznat je još od rimskog prava i predstavlja način stjecanja prava vlasništva (i nekih drugih stvarnih prava) na temelju zakona. Rad se bavi stjecanjem prava vlasništva na temelju dosjelosti na nekretninama koje
Damir Kontrec
doaj   +1 more source

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