From the Company Town to the Innovation Zone: Frontiers of Public Policy, the State Action Doctrine, and the First Amendment

This article draws on the state action doctrine and the case Marsh v. Alabama to evaluate a recent proposal to create an unprecedented public-private partnership in the state of Nevada. In Marsh, the Supreme Court of the United States held that a private citizen was protected under the U.S. Constitution's First and Fourteenth Amendments in distributing religious literature on the sidewalk of a “company-owned” town. We make the case that both the state policy under consideration and a number of political and economic trend lines indicate that the issue central to Marsh remains pressing at the start of our new millennium: what are the circumstances under which concentrated private power amounts to something akin to government authority, thereby implicating the protections of the national Constitution? Our goal in this piece is not to offer an exhaustive or thorough review of the particulars of the “Innovation Zone” bill under consideration, but to consider, in advance, constitutional problems that might arise from granting corporations broad powers traditionally wielded by governments.

Warsaw’s latest steps could take Poland out of EU

Significance Warsaw’s Constitutional Tribunal (KT) has challenged the European legal order in Poland and other member states, regarding EU treaties’ compliance with the national constitution and the powers of the EU Court of Justice (CJEU) to direct a member state’s judiciary. Both rulings mark significant steps on a possible ‘Polexit’. Impacts Some areas of EU law in Poland may be paralysed. The repression of judges and prosecutors publicly opposing government policies will subordinate the legal system even more to the PiS. The ruling coalition’s goals are mostly focused on domestic politics so that legal independence from the EU is merely a side-effect.

ANALISIS PEMBUBARAN ORGANISASI KEMASYARAKATAN HIZBUT TAHRIR INDONESIA DALAM PERSPEKTIF NEGARA HUKUM YANG BEBAS BERSERIKAT

<p><em>The results of the study of this article concluded that the 1945 National Constitution emphasized the importance of the system of check and balances (supervision and balance) which need to be a clear division of power between executive and judicial functions. This means that in the problem of dissolving community organizations it is very important to involve the court to break the verdict of the dissolution of community organizations in Indonesia by carrying out the settlement of disputes in court using the principle of justice, simple and mild costs so that the process of resolving the dissolution of community organizations can be carried out effectively and effectively</em></p><p><strong><em>Keywords:</em></strong><em> Community organization, HTI</em></p><p><em><br /></em></p><p><em>Berdasarkan hasil kajian artikel ini menyimpulkan bahwa UUD NRI Tahun 1945 menekankan pentingnya sistem check and balances (pengawasan dan keseimbangan) yang mana perlu ada pembagian kekuasaan yang jelas antara fungsi eksekutif dan yudikatif. Artinya dalam permasalahan pembubaran organisasi kemasyarakatan sangat penting untuk melibatkan pengadilan untuk memutus vonis pembubaran organisasi kemasyarakatan di Indonesia dengan cara melakukan penataan penyelesaian sengketa di pengadilan dengan menggunakan asas peradilan cepat, sederhana dan biaya ringan sehingga proses penyelesaian sengketa pembubaran organisasi kemasyarakatan bisa dilaksanakan secara efektif dan efisien.</em></p><p><strong>Kata Kunci:</strong> Organisasi Kemasyarakatan, HTI</p><p><em><br /></em></p>

The Dual Meanings of Artifacts: Public Culture, Food, and Government in the “What’s Cooking, Uncle Sam?” Exhibition

In 2011, “What’s Cooking, Uncle Sam? The Government’s Effect on the American Diet” (WCUS) was exhibited at the Lawrence F. O’Brien Gallery of the National Archives Building in Washington, DC. Afterward, it toured the country, visiting the Centers for Disease Control and Prevention’s (CDC) David J. Sencer Museum in Atlanta, the National Constitution Center in Philadelphia, and the Kansas Museum of History in Topeka. The exhibition website states that WCUS was “made possible” by candy corporation Mars, Incorporated. WCUS featured over a 100 artifacts tracing “the Government’s effect on what Americans eat.” Divided into four thematic sections (Farm, Factory, Kitchen, and Table), WCUS moves from agrarianism, through industrial food production and into mess halls, cafeterias, and individual kitchens. Photos, documents, news clippings, and colorful propaganda posters portray the government as a benevolent supporter of agriculture, feeder of soldiers and children, and protector of consumer health and safety. Visitors are positioned as citizens in an ideological mélange of paternalism and patriotism. In this rhetorical walk-through of the exhibition, we consider the display of archival materials for purposes of positioning, in consideration of past and present issues of diet and governance. Making explicit unstated assumptions, we claim that, although propagandistic artifacts take on different meanings to those viewing them decades later as memorabilia, they maintain their ideological flavor.

Bolivian textile crafts and the subversion of institutionalized sustainability

This article describes the tensions between institutionalized and grassroots forms of sustainability and their subsequent effects on textile artisans in La Paz, Bolivia. Principles of the indigenous cosmology Suma Qamaña are applied to the twenty-first-century challenge of environmental degradation and governmental corruption in the description of craft practices at two artisan collectives in La Paz. Suma Qamaña is an expression of the harmonious and respectful coexistence of humans with nature, which entails communal values and reciprocal resource management principles. The study highlights grassroots, practical solutions that encourage economic and environmental sustainability for textile cooperatives in Bolivia. Through extensive participant observation and in-depth interviews, this study seeks to understand how the lives of artisans are affected by the Bolivian government’s appropriation of the Suma Qamaña cosmology. The current political party, the Movimiento al Socialismo, has gained popular support in Bolivia partly by institutionalizing the inherent rights of nature in the national constitution. Despite this, the government continues to pursue extractive natural resource policies. To counter this, Bolivian textile artisans practise their own version of bottom-up sustainability, which does not rely on government institutions to enforce change. The artisans’ situated practices, traditional knowledge base and the inherently sustainable characteristics of craft production ‐ flexible, small-scale, localized and resilient ‐ reflect potential trends and alternatives for apparel production.

Sex, Work and Sex-Work: The Clandestine Tale of a Tabooed Industry in Bangladesh

The article addresses a somewhat ambiguous and double-edged legal and policy framework relating to the tabooed commercial sex industry in Bangladesh. This dichotomous phenomenon is further aggravated by an aeonian trajectory of social vulnerability and economic exclusion that invisibly enslaves the victims of the process in an ostracised cycle of servitude and exploitation. Although the national Constitution adopts a preventive policy against prostitution, law does not as such prohibit commercial sex work by an adult woman working in a brothel having made an affidavit in this regard. But, at the same time, the law renders some forms of sex work illegal, while sex between males has been made culpable offence even on its own. On the other hand, blemish community mind-set, engraved stigma and lack of respect for fundamental rights continue to diminish any chances of sex workers' reintegration to the mainstream of the society, perpetuate poverty, and increase their vulnerability to STI/HIV/AIDS. This paradox in policy and practice represents a centuries-old oxymoron in social and legal philosophical parlance in many parts of the globe including Bangladesh.

Sex, Work and Sex-Work: The Clandestine Tale of a Tabooed Industry in Bangladesh

The article addresses a somewhat ambiguous and double-edged legal and policy framework relating to the tabooed commercial sex industry in Bangladesh. This dichotomous phenomenon is further aggravated by an aeonian trajectory of social vulnerability and economic exclusion that invisibly enslaves the victims of the process in an ostracised cycle of servitude and exploitation. Although the national Constitution adopts a preventive policy against prostitution, law does not as such prohibit commercial sex work by an adult woman working in a brothel having made an affidavit in this regard. But, at the same time, the law renders some forms of sex work illegal, while sex between males has been made culpable offence even on its own. On the other hand, blemish community mind-set, engraved stigma and lack of respect for fundamental rights continue to diminish any chances of sex workers' reintegration to the mainstream of the society, perpetuate poverty, and increase their vulnerability to STI/HIV/AIDS. This paradox in policy and practice represents a centuries-old oxymoron in social and legal philosophical parlance in many parts of the globe including Bangladesh.

Das PSPP-Urteil des Bundesverfassungsgerichts: Umfang der Übertragung von Souveränität und Überprüfung von Ermessensgebrauch

In its judgment of 5 May 2020, the German Federal Constitutional Court (FCC) has held that the Public Sector Purchase Programme (PSPP) of the European Central Bank (ECB), which started in 2015, and the relevant decision of the European Court of Justice (ECJ) of 11 December 2018, holding that the programme is compatible with European Union (EU) law, are ultra vires acts. Indeed, this decision is based on a French understanding of discretion which has previously been adopted in the European Treaties and according to which discretion is controlled only for undue, illegal influence. Today, the Treaties have adopted a review of discretion under the aspects of suitability, necessity, and appropriateness. Moreover, criticism at the decision of the FCC neglects that the accession to and the membership in the EU have to observe the thresholds of the respective national constitution, as its violation is not and may not be expected by the Union or any other Member State. Ultra vires acts of the Union, which remain uncorrected by the Union itself, are subject to disapproval and rejection by the constitutional court of any Member State.

Deadlocked in Dualism: Negotiating for a Final Settlement

While on the international plane Germany has as strong a position as one could wish for, a second appeal to the ICJ does not seem advisable. Though not formally estopped from challenging Sentenza 238/2014, Germany would at least face a principled contradiction (Wertungswiderspruch). Like Italy, Germany takes the position that international obligations must be disregarded should they be found incompatible with fundamental rights enshrined in the national constitution. Concerning the underlying conflict, another formally strong German position proves to have inherent shortcomings. To argue that, as far as Italian citizens are concerned, all matters of compensation had been dealt with comprehensively in the German–Italian lump sum agreement of 1961 carries some conviction. However, the limitations of that agreement, the erosion of the individual’s strict mediatisation in international law, and recent German compensation schemes for other victims of World War II (WWII) have fuelled a growing discontent with this final settlement. Having been doubly denied recognition as victims by the injustices of non-retroactivity and of differentiation, the Italian WWII victims ‘in oblivion’ have pursued compensation claims for over a decade now. It would go too far to argue an individual claim for financial compensation under international law for historic wrongs. The principle of intertemporal law, however, has its merits as well as its defects. This chapter argues in favour of mildly piercing the veil of intertemporality by reliance on fundamental ethical principles as part of the law in force already at the time of the original violation. A breach in this kind of obligation should give rise to an obligatio de negotiando under the principle of just satisfaction. Such a legal construction takes up the idea that in most of the recent cases of ‘history taken to court’, compensation is but a secondary aim, the primary aim being to ‘tell one’s own story’ as a counter-narrative to hegemonic discourse. By entering into negotiations with the victims ‘in oblivion’, Germany—and Italy—could and should attempt to finally solve what has been and remains a fundamentally unjust situation.