Conclusion

Author(s):  
Damien Van Puyvelde

The US intelligence community’s reliance on contractors challenges accountability both in theory and in practice. When intelligence is outsourced, accountability cannot be approached through the sole prism of executive control, congressional oversight and judicial review, as is so often the case in the academic literature. To explore the evolving accountability regime for intelligence contractors, this book has proposed a new model of intelligence accountability as a process that brings together a variety of stakeholders across the three branches of government and broader society. In practice, these stakeholders’ willingness and ability to hold contractors to account differs and evolves....

Author(s):  
Bruno Maçães

Popular consensus says that the US rose over two centuries to Cold War victory and world domination, and is now in slow decline. But is this right? History's great civilizations have always lasted much longer, and for all its colossal power, American culture was overshadowed by Europe until recently. What if this isn't the end? This book offers a compelling vision of America's future, both fascinating and unnerving. From the early American Republic, it takes us to the turbulent present, when, it argues, America is finally forging its own path. We can see the birth pangs of this new civilization in today's debates on guns, religion, foreign policy, and the significance of Trump. Should the coronavirus pandemic be regarded as an opportunity to build a new kind of society? What will its values be, and what will this new America look like? The book traces the long arc of US history to argue that in contrast to those who see the US on the cusp of decline, it may well be simply shifting to a new model, one equally powerful but no longer liberal. Consequently, it is no longer enough to analyze America's current trajectory through the simple prism of decline vs. progress, which assumes a static model—America as liberal leviathan. Rather, the book argues that America may be casting off the liberalism that has defined the country since its founding for a new model, one more appropriate to succeeding in a transformed world.


1995 ◽  
Vol 29 (4) ◽  
pp. 551-564
Author(s):  
Dawn Oliver

First, I want to express my gratitude and sense of honour in being invited to deliver the Lionel Cohen lecture for 1995. The relationship between the Israeli and the British legal systems is a close and mutually beneficial one, and we in Britain in particular owe large debts to the legal community in Israel. This is especially the case in my field, public law, where distinguished academics have enriched our academic literature, notably Justice Zamir, whose work on the declaratory judgment has been so influential. Israeli courts, too, have made major contributions to the development of the common law generally and judicial review very notably.In this lecture I want to discuss the process of constitutional reform in the United Kingdom, and to explore some of the difficulties that lie in the way of reform. Some quite radical reforms to our system of government — the introduction of executive agencies in the British civil service, for instance—have been introduced without resort to legislation. There has been a spate of reform to local government and the National Health Service.


Author(s):  
Natalie R. Davidson ◽  
Leora Bilsky

In comparative constitutional law, the various models of judicial review require courts to examine either the substantive content of legislation or the procedure through which legislation was passed. This article offers a new model of judicial review – ‘the judicial review of legality’ – in which courts review instead the forms of law. The forms of law are the ways in which law communicates its norms to the persons who are meant to comply with them, and they include generality, clarity, avoidance of contradiction, and non-retroactivity. Drawing on recent writing on the jurisprudence of Lon Fuller, this article argues that Fuller’s linking of the forms of law to a relationship of reciprocity between government and governed can ground judicial review and that such review provides a missing language to address important legislative pathologies. Moreover, through an analysis of recent developments in Israel, the article demonstrates that the judicial review of legality targets some of the key legal techniques of contemporary processes of democratic erosion which other models of judicial review struggle to address, all the while re-centring judicial review on the lawyer’s craftsmanship and thus reducing problems of court legitimacy. This article therefore offers a distinctive and normatively appealing way for courts to act in troubling times.


1995 ◽  
Vol 9 (4) ◽  
pp. 241-247
Author(s):  
Richard L. Ferguson

The author stresses the importance to the future of the US workforce of the recognition that the traditional notion of education (‘that education and adult life, especially work, are consecutive rather than concurrent’) is inappropriate to contemporary workforce preparation and skills needs. He contrasts the characteristics of the traditional paradigm with those which need to be adopted in a new model of the relationship between education and work. Against this background, Dr Ferguson describes the development and application of the Work Keys System which aims to provide a common language for education and business to participate in preparing people for the transition from full-time education to employment and from one job or job level to another.


Author(s):  
Michael Schillig

The exercise of extensive powers by authorities during the recovery and resolution process may interfere with constitutionally protected fundamental rights of stakeholder in a multitude of ways. Particularly relevant are the right to conduct a business and the right to property under the EU Charter of fundamental rights, as well as the takings clause under the US constitution. A balance needs to be struck between the aims and objectives of bank resolution and the rights of investors and the requirements of due process. This is normally achieved through expedited and limited judicial review. This chapter assesses whether and to what extent the respective procedures are in line with constitutional and fundamental rights requirements.


2021 ◽  
pp. 31-68
Author(s):  
Jeffrey S. Sutton

The conventional account of judicial review starts with a US Supreme Court case, Marbury v. Madison. But judicial review in truth starts with the state courts and the state constitutions, not the US Supreme Court and the US Constitution. Before the US Constitution existed, the state courts established American judicial review and were the first courts to wrestle with the complexities of exercising it. Judicial review also is foremost a structural story, not an individual-rights story. The delegation of power to the judiciary to decide the meaning of our constitutions laid the groundwork for the growth in power of American courts—especially the federal courts, which have become the go-to answer for so many who-decides questions in American government over the last seventy-five years. This chapter begins a search for insights in resolving the dilemma of judicial review by looking at how the state courts innovated the concept and the ways they initially practiced it. It shows that the early state courts were deferential to the democratic branches of government. They rarely invalidated state laws and did so only when these laws violated a clear constitutional rule. That approach offers lessons for federal and state courts alike.


Author(s):  
Georgios A. Antonopoulos ◽  
Georgios Papanicolaou

‘Controlling and preventing organized crime’ discusses the types of policy and law enforcement approaches intended to address organized crime as an issue. The US became the first country to develop a comprehensive and wide-ranging response to the phenomenon of ‘organized crime’. Legislation introduced in the late 1960s gave prosecutors a new model based on patterns of criminal activity rather than specific offences. Alongside the new tools for prosecuting criminal groups, it increased the severity of sanctions against them. The US approach became the model for other countries. With organized crime being seen as an international issue new organizations have appeared to address it. But can organized crime ever be prevented?


2012 ◽  
Vol 12 (5) ◽  
pp. 13457-13514 ◽  
Author(s):  
K. Wang ◽  
Y. Zhang ◽  
A. Nenes ◽  
C. Fountoukis

Abstract. The US Environmental Protection Agency (EPA)'s Community Multiscale Air Quality (CMAQ) modeling system version 4.7 is further developed to enhance its capability in simulating the photochemical cycles in the presence of dust particles. The new model treatments implemented in CMAQ v4.7 in this work include two online-dust emission schemes, nine dust-related heterogeneous reactions, an updated aerosol inorganic thermodynamic module ISORROPIA II with an explicit treatment of crustal species, and the interface between ISORROPIA II and the new dust treatments. The resulting improved CMAQ (referred to as CMAQ-Dust), offline-coupled with the Weather Research and Forecast model (WRF), are applied to the April 2001 dust storm episode over the trans-Pacific domain to examine the impact of new model treatments and understand associated uncertainties. WRF/CMAQ-Dust produces reasonable spatial distribution of dust emissions and captures the dust outbreak events, with the total dust emissions of ∼111 and 223 Tg when the erodible fraction is assumed to be 0.5 and 1.0, respectively, for the April 2001 episode. The model system can reproduce well observed meteorological and chemical concentrations, with significant improvements for suspended particulate matter (PM), PM with aerodynamic diameter of 10 μm and aerosol optical depth than default CMAQ v4.7. The sensitivity studies show that the inclusion of crustal species reduces the concentration of PM with aerodynamic diameter of 2.5 μm (PM2.5) over polluted areas. The heterogeneous chemistry occurring on dust particles acts as a sink for some species (e.g., as a lower limit estimate, O3 by up to 3.8 ppb (∼9%) and SO2 by up to 0.3 ppb (∼27%)) and as a source for some others (e.g., fine-mode SO42− by up to 1.1 μg m−3 (∼12%) and PM2.5 by up to 1.4 μg m−3 (∼3%) over the domain. The long-range transport of Asian pollutants can enhance the background concentrations of gases by up to 3% and aerosol species by up to 20% in the US.


Author(s):  
Martina Topic ◽  
Etajha Gilmer

In this paper, we analysed Hillary Clinton’s relationship with the media starting from her first appointment at a US First Lady to her being the Democratic nominee for the US presidential elections in 2016. Thus, we analysed academic literature demonstrating Clinton’s problems with the media bias, and then added our own discourse analysis of articles on Clinton and feminism in two main national newspapers that have consistently demonstrated the power of setting the agenda and forming public opinion in the U.S. – The Washington Post and The New York Times. Discourse analysis has been used to analyse 20 selected articles that discussed Clinton’s feminist views in a period from September 2015 until September 2016, which was also a campaign period for 2016 U.S. elections. The findings add to the current research on the topic and show that the media undermined liberal feminism and its goals to undermine Hillary Clinton, whereas in the past Hillary was a subject of media criticism because of her refusal to fit into expected roles and be a supportive wife only. The discourse of criticism of Hillary Clinton has changed over time but every time with the same results, undermining the image and career advancement.


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