scholarly journals Judicial Behavior and Devolution at the Privy Council

2017 ◽  
Vol 13 (3) ◽  
Author(s):  
Sofia Amaral-Garcia ◽  
Nuno Garoupa
Keyword(s):  
Judicial Behavior ◽  
High Rate ◽  
Privy Council ◽  
High Court ◽  
Attitudinal Model ◽  
The Us ◽  
Us Supreme Court ◽  
The World ◽  
British Court ◽  
Unique Dataset

AbstractIn this article, we study judicial behavior at the Judicial Committee of the Privy Council (JCPC). British judges in general, and British high court judges in particular, are perceived to be independent and isolated from political pressure and interference. Furthermore, these judges tend to show a particularly high rate of consensus. This has led many scholars to consider that, contrarily to what holds for several other courts around the world (such as the US Supreme Court), the attitudinal model does not find support when British higher court judges are considered. In this paper we assess whether similar conclusions might be drawn from the JCPC, another British court of last resort. We create a unique dataset to study empirically decisions of the JCPC and investigate the extent to which judges exhibit different judicial behavior depending on the type of appeal being brought to the court,

Legal Aspects of Defining Market’ Boundaries where Digital Platforms’ Owners Participate: Amex Case

2021 ◽  
pp. 88-97
Author(s):  
A. O. Maslov
Keyword(s):  
Supreme Court ◽  
Competition Law ◽  
Legal Aspects ◽  
Product Markets ◽  
Digital Platforms ◽  
Doing Business ◽  
The Us ◽  
Us Supreme Court ◽  
The World

Year by year, digital platforms are becoming more popular in doing business. At the same time antitrust regulators around all the world face with challenges in analyzing the market boundaries where digital platforms’ owners participate.The article examines legal aspects of determining product and geographical boundariesof markets where digital platforms’ owners operate.The article deals with Amex case in which The US Supreme Court held that boundaries of the market where two-sided transactional digital platforms’ owners operate should be determined by the transaction. No doubt, this approach is debatable and the fact that the Court issued 5—4 decision proves that.The article also deals with approaches in competition law doctrine to defining the boundaries of product markets in which the owners of digital platforms are involved.

Building the Judiciary: Law, Courts, and the Politics of Institutional Development. By Justin Crowe. Princeton: Princeton University Press, 2012. 328p. $80.00 cloth, $35.00 paper.

2013 ◽  
Vol 11 (1) ◽  
pp. 216-218
Author(s):  
Maria Popova
Keyword(s):  
Supreme Court ◽  
Institutional Development ◽  
Current Status ◽  
Federal Judiciary ◽  
Princeton University ◽  
The Us ◽  
Us Supreme Court ◽  
The World ◽  
History Of ◽  
Law Courts

Justin Crowe has written an accessible, thorough, and compelling history of the institutional development of the US Supreme Court and the federal judiciary it sits atop, from their inconspicuous inception in February 1790 to their current status as, perhaps, the most powerful judiciary in the world.

Cautious But Engaged—An Empirical Study of the Australian High Court's Use of Foreign and International Materials in Constitutional Cases

2014 ◽  
Vol 42 (3) ◽  
pp. 437-470
Author(s):  
Elisa Arcioni ◽  
Andrew McLeod
Keyword(s):  
Political Life ◽  
Constitutional Courts ◽  
High Court ◽  
Foreign Law ◽  
The Us ◽  
The World ◽  
Political Controversy ◽  
The Subject ◽  
Foreign Governments ◽  
Academic Debate

The issue of whether constitutional courts should refer to foreign law has become the subject of debate and discussion around the world. In the US in particular, a heated judicial and academic debate on the issue has spilled into a political controversy extending to the introduction of federal and State Bills to prohibit judicial citation of foreign law and to Congressional proposals for such citation to be an impeachable offence. The use of foreign law, for some, is in tension with national sovereignty: one Congressman claimed that citation amounted to a surrender of lawmaking ‘to the control of foreign courts and foreign governments', and potentially represented the start of an internationalist slide in foreign policy and security and military strategy as well. However, these normative debates about foreign law play at best a muted role in Australian jurisprudential and political life, and we do not directly engage with them here. Rather, we consider to what extent, andhow, Australian High Court judges engage with foreign and international legal materials in constitutional cases. In this article we track the frequency of citation in constitutional cases and provide a substantive analysis of the ways in which those materials are used.

scholarly journals A Tough Decision: Auditwerx, LLC vs. COVID-19

10.28945/4732 ◽  
2021 ◽  
Vol 6 ◽  
pp. 001-023
Author(s):  
Catrina Hopkins
Keyword(s):  
United States ◽  
The United States ◽  
High Rate ◽  
Black Swan ◽  
The Us ◽  
The World ◽  
Us Government ◽  
Local Officials ◽  
At Home

As the year 2020 rolled in, COVID-19 headlined all the news forums. COVID-19 (Coronavirus) was a virus that crippled the world by either infecting or killing millions of people, and the United States (US) did not go unscathed. With an alarmingly high rate of infection, the US government was asking non-essential companies to temporarily close their doors and cease services. Americans were told by national and local officials to “stay safe at home”. Due to the precautions that were put in place to lower the curve of people infected with COVID- 19, Stacy Martin, CEO and Partner for Auditwerx. had begun seeing a reduction in sales and fewer clients not re-engaging with Auditwerx. for services. The decrease in revenue and delayed collection of outstanding receivables was making it increasingly difficult for Auditwerx. to stay on budget. Due to the declining incoming business, Stacy Martin was faced with the challenge of how to contend with maintaining a successful budget during this globally devastating black swan event.

Human Rights in India: Historical, Social and Political Perspectives. Edited by Chiranjivi J. Nirmal. [New Delhi: Oxford University Press. 1999. xxxvi, 269, (Bibliography) 18, (Annexures) 34, and (Index) 6 pp. Hardback £12.99 net. ISBN 1–972–87055–4.] Datar on Constitution of India. By Arvind P. Datar. [Nagpur: Wadhwa & Co. 2001. cxxxiii, 1401, (Appendices) 180, and (Index) 92 pp. Hardback £75.00 net. ISBN 0–19–564597–9.]

2002 ◽  
Vol 61 (2) ◽  
pp. 463-492
Author(s):  
Christopher Forsyth
Keyword(s):  
Supreme Court ◽  
The United States ◽  
New Delhi ◽  
Oxford University ◽  
High Courts ◽  
Supreme Court Of India ◽  
The Supreme Court ◽  
The Us ◽  
Us Supreme Court ◽  
The World

The Constitution of India is a mammoth instrument—the largest Constitution in the world—with 395 articles, 12 Schedules and 83 amendments. Accounts of the constitutional law of India are thus inevitably very large. The late H.M. Seervai’s multi-volume Constitution of India (4th edn., 1993) is well known and rightly described as “monumental”. But now a new work is making its presence felt. Arvind Datar originally intended to write no more than a Student’s Edition of Seervai. But Seervai refused permission for this project, taking the view, probably with justice, that his work could not be summarised. So Datar decided to write an article by article commentary of the Constitution and Datar on Constitution of India is the result. The resulting book is monumental in its own right. It deals exhaustively with each of the articles of the constitution. The author makes it plain that he could have written a much longer book in that he refers only to decisions of the Supreme Court of India. Only where the Supreme Court has been silent does he refer to relevant decisions of the several state High Courts. None the less, his approach is commendably comparative. The Constitution of the United States is often referred to (and it is in fact reproduced in an appendix) as are decisions of the US Supreme Court. But the work as a whole shows that “Not the Potomac, but the Thames, fertilises the flow of the Yamuna” (Krishna Iyer J. in Samsher Singh v. Union of India AIR 1974 SC 2192 at 2212 cited by Datar on p. 396).

Architecture and Law: Lawgivers of the US Supreme Court – So, Where is Jesus?

2015 ◽  
Vol 17 (3) ◽  
pp. 341-347
Author(s):  
Vanja-Ivan Savić
Keyword(s):  
United States ◽  
Supreme Court ◽  
United States Supreme Court ◽  
The United States ◽  
United States Supreme ◽  
World Views ◽  
The Us ◽  
Us Supreme Court ◽  
The World

Exactly 80 years has passed since the completion of the United States Supreme Court building. This comment is not another paper about the importance or historical influence of the greatest of all American institutions, nor about dramatic cases which shaped America, nor about justices and their approaches, nor about characters or world views. It is about architecture and the messages which are sent from the facade of this strong institution to which legal scholars and practitioners from around the world look.

scholarly journals State Immunity and Serious Violations of Human Rights: Judgment No. 238 of 2014 of the Italian Constitutional Court Seven Years on

2021 ◽  
Vol 1 (1) ◽  
pp. 29-58
Author(s):  
Carlo Focarelli
Keyword(s):  
Human Rights ◽  
International Law ◽  
Constitutional Court ◽  
International Human Rights Law ◽  
Human Rights Law ◽  
State Immunity ◽  
Legal Perspective ◽  
The Us ◽  
Us Supreme Court ◽  
The World

Abstract On 3 February 2021, the US Supreme Court affirmed the icj’s Jurisdictional Immunities of the State Judgment of 2012—according to which “a State is not deprived of immunity by reason of the fact that it is accused of serious violations of international human rights law”—adopting, thus, a position opposite to that taken by the Italian Corte Costituzionale in its well-known Judgment No. 238 of 2014. Based on a realist-constructivist theoretical approach to international law, this article argues that the only plausible legal perspective justifying Judgment No. 238 is a dynamic one. However, the Corte Costituzionale has substantially failed to argue the plausibility of the expected change in existing international law that it wished to promote for the future. To take its intended big leap realistically and successfully, the Italian position would have deserved a sounder theoretical analysis of international law and of the world system in which the latter is meant to work.

The Bleep Heard round the World

2020 ◽  
pp. 168-200
Author(s):  
David E. Settje
Keyword(s):  
Supreme Court ◽  
The Us ◽  
Us Supreme Court ◽  
The World ◽  
Judiciary Committee ◽  
Judicial Action ◽  
House Judiciary Committee

No period during Watergate moved as quickly as mid-1974. In May, judicial action forced President Nixon to release damaging transcripts of private taped conversations. By July, the US Supreme Court ruled unanimously that Nixon must release the actual recordings, which was followed by the House Judiciary Committee passing the first three articles of impeachment with the charge of obstruction of justice. The content of the tapes proved the smoking gun to many because of conversations the president had within a week of the initial Watergate break-in, exposing how early he knew about it. Like Republicans on the Judiciary Committee who changed their vote as a result of the tapes, conservatives joined liberals within Protestantism to now condemn the president, though they continued to differ about their theological outlooks.

Infant Mortality: Some International Comparisons

PEDIATRICS ◽  
1996 ◽  
Vol 98 (6) ◽  
pp. 1020-1027 ◽  
Author(s):  
Myron E. Wegman
Keyword(s):  
Infant Mortality ◽  
International Comparisons ◽  
The United States ◽  
High Rate ◽  
World Health ◽  
Live Births ◽  
The Us ◽  
The World ◽  
Definition Of ◽  
Health Organization

Comparison of infant mortality rates (IMRs) among the world's countries requires assessment of completeness and accuracy of data. The United Nations Statistical Office classifies as "C", complete, meaning at least 90% of events are actually recorded, 1994 data supplied by 80 governments, comprising one fourth of the world's population, ie, 1 450 000 000 people, and as incomplete the other three fourths, 4 180 000 000. All the "C" countries officially accept the World Health Organization definition of a live birth (any product of gestation showing any sign of life), but it has been argued that some countries routinely report as stillbirths infants counted as live births in the United States (US), thus understating their IMRs. In 1994, 22 countries had IMRs varying from 4.2 for Japan to 8.0 for the US, a remarkable achievement in the light of IMRs of 124.0 and 60.0 for these two countries in 1930. Compensating for possible underreporting of live births by excluding all deaths in the first hour of life would reduce the US IMR to about 7, still higher than 17 other countries. Between 1930 and 1994 the IMR in the US declined more slowly than several other countries, particularly during the time period 1951 through 1965, when the US rate declined by 16% and the Japanese rate, for instance, declined by 68%. Between 1983 and 1994, decline in Puerto Rico was slower than in Chile, Cuba, and the US. IMRs in all the "C" countries are lower than the US rate was in 1930. IMRs in most of the world, estimated from surveys and special studies, vary from 27 to 190. Correlation studies suggest that a high rate of teenage pregnancies has relatively little effect on IMRs but that high total fertility rates are accompanied by high infant mortality.

Searching for new Sources of growth. Are the Developing Countries Catching up with the Developed ones?

2015 ◽  
pp. 30-53
Author(s):  
V. Popov
Keyword(s):  
Developing Countries ◽  
Western Europe ◽  
Gdp Per Capita ◽  
The West ◽  
Catching Up ◽  
The Us ◽  
The World ◽  
Economic Divergence ◽  
Per Capita ◽  
Relative Standing

This paper examines the trajectory of growth in the Global South. Before the 1500s all countries were roughly at the same level of development, but from the 1500s Western countries started to grow faster than the rest of the world and PPP GDP per capita by 1950 in the US, the richest Western nation, was nearly 5 times higher than the world average and 2 times higher than in Western Europe. Since 1950 this ratio stabilized - not only Western Europe and Japan improved their relative standing in per capita income versus the US, but also East Asia, South Asia and some developing countries in other regions started to bridge the gap with the West. After nearly half of the millennium of growing economic divergence, the world seems to have entered the era of convergence. The factors behind these trends are analyzed; implications for the future and possible scenarios are considered.

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