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Journal articles on the topic 'Courts of last resort - China'

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Published: 4 June 2021

Last updated: 16 February 2022

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1

Thomas, David. "The Kennewick Man dispute: courts of last resort?" Before Farming 2004, no. 2 (2004): 1–3. http://dx.doi.org/10.3828/bfarm.2004.2.8.

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2

Lipman, Arthur G. "Must We Make the Courts Our Last Resort?" Journal of Pharmaceutical Care in Pain & Symptom Control 5, no. 1 (1997): 1–4. http://dx.doi.org/10.1300/j088v05n01_01.

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3

ALDER, J. "Dissents in Courts of Last Resort: Tragic Choices?" Oxford Journal of Legal Studies 20, no. 2 (2000): 221–46. http://dx.doi.org/10.1093/ojls/20.2.221.

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Pablo, Bravo-Hurtado, and Álvaro Bustos. "Explaining Difference in the Quantity of Cases Heard by Courts of Last Resort." American Law and Economics Review 21, no. 2 (2019): 346–93. http://dx.doi.org/10.1093/aler/ahz008.

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Abstract While civil law courts of last resort—e.g., cassation courts in France, Italy, and Chile—review up to 90% of appealed cases, common law courts of last resort—e.g., supreme courts of the United States, United Kingdom, and Canada—hear as few as 1% of the same petitions. In this study, we postulate that these different policies can be explained by a comparatively larger commitment from common law courts of last resort to judicial law-making rather than judicial uniformity. While courts require few hearings to update the law (in theory one decision is sufficient), they need a large number

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Vining, Richard L., and Teena Wilhelm. "Measuring Case Salience in State Courts of Last Resort." Political Research Quarterly 64, no. 3 (2010): 559–72. http://dx.doi.org/10.1177/1065912910361222.

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Squire, Peverill, and Jordan Butcher. "An Update to the Squire State Court of Last Resort Professionalization Index." State Politics & Policy Quarterly 21, no. 3 (2021): 326–33. http://dx.doi.org/10.1017/spq.2020.7.

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AbstractThe current version of the Squire state court of last resort professionalization index is regularly used in studies of state courts. We have updated the index for 2019, producing a second and more recent index. Given the relative stability between this index and its predecessor, it is unlikely that many findings will change. During the 15 years that lapsed between the first index and the more recent one, little changed in most states, while reforms in a few places substantially shifted the relative standing of their court of last resort. It seems unlikely that the nation will experienc

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Squire, Peverill. "Measuring the Professionalization of U.S. State Courts of Last Resort." State Politics & Policy Quarterly 8, no. 3 (2008): 223–38. http://dx.doi.org/10.1177/153244000800800301.

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8

Scheb, John M., Terry Bowen, and Gary Anderson. "Ideology, Role Orientations, and Behavior in the State Courts of Last Resort." American Politics Quarterly 19, no. 3 (1991): 324–35. http://dx.doi.org/10.1177/1532673x9101900304.

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9

Tauber, Steven. "The Influence of Animal Advocacy Groups in State Courts of Last Resort." Society and Animals 18, no. 1 (2010): 58–74. http://dx.doi.org/10.1163/156853010790799785.

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Tauber, Steven. "The Influence of Animal Advocacy Groups in State Courts of Last Resort." Society & Animals 18, no. 1 (2010): 58–74. http://dx.doi.org/10.1163/106311110x12586086158484.

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AbstractSince the 1970s, animal advocacy groups have attempted to improve the treatment of non-human animals by influencing public opinion and lobbying for legislation that protects animals. Empirical assessments of these efforts have reported mixed results. Animal advocacy groups also use litigation as a means of improving the treatment of nonhuman animals, but there has been limited empirical testing of the effectiveness of animal advocacy litigation. To fill this gap in the literature, this study examines the 188 animal law cases decided in state supreme courts from 1973 through 2005. It lo

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Barrick, Andrea, and John C. Kilwein. "Protection Order Policy-making in the U.S. State Courts of Last Resort from 1980 to 2019." State and Local Government Review 51, no. 2 (2019): 83–91. http://dx.doi.org/10.1177/0160323x19883677.

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This article examines the development of policy designed to target intimate partner violence, or domestic violence, through the use of protection orders in the U.S. state courts of last resort, or the state supreme courts, from 1980 to 2019. The authors’ study shows that the American state supreme courts are decidedly supportive of female protection order litigants throughout the period studied. The model also highlights the importance of state government ideology, percentage of female justices, and state laws that ban gender hiring discrimination on state supreme court decision-making in thes

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Windett, Jason H., Jeffrey J. Harden, and Matthew E. K. Hall. "Estimating Dynamic Ideal Points for State Supreme Courts." Political Analysis 23, no. 3 (2015): 461–69. http://dx.doi.org/10.1093/pan/mpv016.

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Courts of last resort in the American states offer researchers considerable leverage to develop and test theories about how institutions influence judicial behavior. One measure critical to this research agenda is the individual judges' preferences, or ideal points, in policy space. Two main strategies for recovering this measure exist in the literature: Brace, Langer, and Hall's (2000, Measuring preferences of state supreme court judges,Journal of Politics62(2):387–413) Party-Adjusted Judge Ideology and Bonica and Woodruff's (2014, A common-space measure of state supreme court ideology,Journa

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Perkins, Jared. "Why File? Organized Interests and Amicus Briefs in State Courts of Last Resort." Justice System Journal 39, no. 1 (2018): 39–53. http://dx.doi.org/10.1080/0098261x.2017.1356252.

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14

Robertson, James E. "Recent Legal Developments." Criminal Justice Review 37, no. 2 (2012): 281–94. http://dx.doi.org/10.1177/0734016812438850.

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This annual survey examines important prisoners' rights cases decided by the U.S. Courts of Appeals during 2011. These cases addressed constitutional questions about inmate-on-inmate violence, lockdowns, delayed medical care, custodial suicide, gender identity disorder, excessive staff force, unsolicited mail, religious dress and diets, impermissible staff retaliation, cross-gender searches, and procedural due process. In addressing these constitutional questions, the U.S. Courts of Appeal created new law and/or applied clearly established law. Because the U.S. Supreme Court will only rarely g

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Mogulescu, Sara, and Gaspar Caro. "Making Court the Last Resort: A New Focus for Supporting Families in Crisis." Federal Sentencing Reporter 24, no. 1 (2011): 30–33. http://dx.doi.org/10.1525/fsr.2011.24.1.30.

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This article was originally published by the Vera Institute of Justice in December 2008. Until recently, youth who may be chronically disobedient but not committing crime were frequently referred to juvenile court and subject to the same punitive interventions as youth charged with criminal activity. To better help youth and their families, many status offender systems are implementing immediate, family-focused alternatives to court intervention, first referring at-risk young people and their families to social service programs in their communities and using the juvenile justice system as a la

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Cohen, Mathilde. "Ex Ante Versus Ex Post Deliberations: Two Models of Judicial Deliberations in Courts of Last Resort." American Journal of Comparative Law 62, no. 4 (2014): 951–1008. http://dx.doi.org/10.5131/ajcl.2014.0028.

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Gardiner, Avery W. "Reproductive Health: Massachusetts Court Holds Contracts Forcing Parenthood Violate Public Policy." Journal of Law, Medicine & Ethics 28, no. 2 (2000): 198–200. http://dx.doi.org/10.1111/j.1748-720x.2000.tb00018.x.

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On March 31, 2000, the Massachusetts Supreme Judicial court ruled that a contract awarding custody of frozen pre-embryos to the wife upon divorce was unenforceable because it violates public policy. This is the first reported case to address a contract between the clinic and the parties where the contract would have awarded the pre-embryos to one of the gamete providers. The decision in A.Z. v. B.Z. 431 Mass. 150 (2000) differs from decisions in the two other courts of last resort deciding related cases where enforcement of contracts was supported. This case represents an important development

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K. Hadfield, Gillian, and Dan Ryan. "Democracy, Courts and the Information Order." European Journal of Sociology 54, no. 1 (2013): 67–95. http://dx.doi.org/10.1017/s0003975613000039.

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AbstractConventional wisdom about civil litigation, both among scholars and political actors, holds that abuse of the legal process is common, that there is too much litigation, that it is “all about the money”, and that “a bad settlement is better than a good trial”. This constellation of attitudes that emphasize the economic function of law suggests that courts are an expensive conflict resolution mechanism of last resort and that their use would be minimized in a healthy market-based democracy. In this paper we apply a new sociological framework to understand the meaning and function of civ

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Becker Kane, Jenna. "Informational Need, Institutional Capacity, and Court Receptivity: Interest Groups and Amicus Curiae in State High Courts." Political Research Quarterly 71, no. 4 (2018): 881–94. http://dx.doi.org/10.1177/1065912918770045.

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Interest group participation in state courts of last resort has increased substantially over the past four decades, and the scope of this litigation activity has expanded to include a wider range of group participation. Despite the fact that organized interests increasingly recognize state high courts as legitimate policy venues, little is known about how interest groups choose the specific cases in which they participate. Beginning with the assumption that interest groups seek policy influence, this paper tests the hypothesis that groups strategically target cases that will best serve the pol

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Gryski, Gerard S., and Eleanor C. Main. "Social Backgrounds as Predictors of Votes on State Courts of Last Resort: The Case of Sex Discrimination." Western Political Quarterly 39, no. 3 (1986): 528. http://dx.doi.org/10.2307/448346.

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Gryski, G. S., and E. C. Main. "Social Backgrounds as Predictors of Votes On State Courts of Last Resort: the Case of Sex Discrimination." Political Research Quarterly 39, no. 3 (1986): 528–37. http://dx.doi.org/10.1177/106591298603900312.

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Wilhelm, Teena, Richard L. Vining, Ethan D. Boldt, and Bryan M. Black. "Judicial Reform in the American States: The Chief Justice as Political Advocate." State Politics & Policy Quarterly 20, no. 2 (2020): 135–56. http://dx.doi.org/10.1177/1532440020907975.

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The state courts of last resort are vital components of American judicial system, disposing of many important legal matters. The chief justices of these courts serve consequential roles in these institutions. Although scholars have examined the selection and duties of states’ chief justices, their interactions with the elected branches are understudied. We focus on how chief justices on state high courts use their roles to encourage judicial reform. Specifically, we examine the determinants of chief justices’ successes or failures as advocates for their justice systems. To analyze why chief ju

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23

Griss, Irmgard. "How Judges Think: Judicial Reasoning in Tort Cases from a Comparative Perspective." Journal of European Tort Law 4, no. 3 (2013): 247–58. http://dx.doi.org/10.1515/jetl-2013-0017.

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AbstractAre judges la bouche de la loi or are they the oracles of the law? An answer to this question is sought by comparing the different styles of reasoning of French, German, Austrian and UK courts of last resort in tort cases. Whereas UK judges state overtly what they think, French judges keep secret their motives. German and Austrian judges tend to maintain that legal doctrine provides an answer to even the most difficult questions. But, as regards the outcome, there are no real differences. Judges are nowhere merely the mouth of the law.

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Bernard, Désirée P. "The Caribbean Court of Justice: A New Judicial Experience." International Journal of Legal Information 37, no. 2 (2009): 219–38. http://dx.doi.org/10.1017/s0731126500005229.

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The inauguration of the Caribbean Court of Justice in April 2005 represented the culmination of aspirations in earlier years to establish a court of last resort for the Caribbean Region to replace the Judicial Committee of the Privy Council (The Privy Council) which was and still is for most Commonwealth Caribbean jurisdictions, the final court. These aspirations were endorsed by the legal profession through the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) over thirty years ago, although the idea of such a court was not an original one having been contemplated early in the l

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Masood, Ali S., and Monica E. Lineberger. "United Kingdom, United Courts? Hierarchical Interactions and Attention to Precedent in the British Judiciary." Political Research Quarterly 73, no. 3 (2019): 714–26. http://dx.doi.org/10.1177/1065912919853368.

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Most empirical examinations of hierarchical interactions among the courts are limited to a single judiciary, the American courts. A significant puzzle that remains is the extent to which lower courts in comparative environments follow the legal pronouncements of their court of last resort. We confront this shortcoming by examining lower court adherence to the precedents of the House of Lords in the United Kingdom. As the Law Lords in the United Kingdom primarily oversee a single lower court, the Court of Appeal of England and Wales, this design provides a unique opportunity to assess the facto

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Bubnytė, K. "ŽMOGAUS TEISIŲ IR PAGRINDINIŲ LAISVIŲ APSAUGOS KONVENCIJA GALUTINĖS INSTANCIJOS LIETUVOS TEISMŲ PRAKTIKOJE." Teisė 87 (January 1, 2013): 69–85. http://dx.doi.org/10.15388/teise.2013.0.1254.

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Straipsnyje analizuojant Žmogaus teisių ir pagrindinių laisvių apsaugos konvencijos taikymą galutinės instancijos Lietuvos teismų (Lietuvos Aukščiausiojo Teismo ir Lietuvos vyriausiojo administracinio teismo) praktikoje, atskleidžiamas Konvencijos internalizavimo kokybinis aspektas. Aptariamos šiam procesui turinčios įtakos normatyvinės ir bihevioristinės prielaidos, išskiriamos galimos Konvencijos taikymo formos ir būdai, kartu atskleidžiama Lietuvos teismų vaidmens Konvencijos įgyvendinimo procese nacionalinės ir tarptautinės teisės požiūriu reikšmė. The article deals with a qualitative a

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Gowland, M. Hazel, and Michael J. Walker. "Food allergy, a summary of eight cases in the UK criminal and civil courts: effective last resort for vulnerable consumers?" Journal of the Science of Food and Agriculture 95, no. 10 (2014): 1979–90. http://dx.doi.org/10.1002/jsfa.6988.

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28

Fox, Hazel. "Commentary: The Advisory Opinion on the Difference Relating to Immunity from Legal Process of a Special Rapporteur of the Commission of Human Rights: Who Has the Last Word on Judicial Independence?" Leiden Journal of International Law 12, no. 4 (1999): 889–918. http://dx.doi.org/10.1017/s092215659900045x.

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A critical analysis, considering first, the legal competence and propriety of the Court in giving an opinion pursuant to the dispute settlement machinery of the Convention on the Privileges and Immunities of United Nations, whereby advisory jurisdiction over disputes of the UN is equated to contentious jurisdiction between consenting states; and second, the effect in municipal law of a state's obligation to respect the UN Secretary-General's certificate that a UN expert is entitled to immunity from legal process. The Court preserves resort to local courts but requires communication of the UN c

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Miller, Michael G., and Michelle D. Tuma. "Stare Decisis and the Electoral Connection: Do Retention Systems Affect Judges’ Deference to Precedent?" State Politics & Policy Quarterly 20, no. 2 (2019): 157–84. http://dx.doi.org/10.1177/1532440019889377.

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Using data from nearly 5,000 votes cast by more than 400 judges in courts of last resort from all 50 states, we investigate whether there is a relationship between a state’s judicial retention method and the likelihood that a judge votes to join a precedent-overturning majority. We find that relative to judges retained by institutions such as judicial commissions or state legislatures, those retained via either partisan or retention elections are significantly more likely to join majorities that overturn precedent. Most of this effect is due to behavior in high-profile cases that garner media

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Silva, Lygia Maria Pereira da, Maria das Graças Carvalho Ferriani, and Marta Angélica Iossi Silva. "Judiciary as the last resort to protect children and adolescents: intersectoral actions, investment in human resources, and structuring of services." Revista Latino-Americana de Enfermagem 20, no. 3 (2012): 444–52. http://dx.doi.org/10.1590/s0104-11692012000300004.

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This study aimed to identify the work developed by the Judiciary to prevent sexual violence against children and adolescents within the family. The approach to social representations in a cultural perspective was used. The field study consisted in the 1st and 2nd Court of Crimes against Children and Adolescents, at the State Supreme Court of Pernambuco, Brazil. Participant observation, semi-structured interviews, and focus group with 17 subjects were the techniques for data collection, analyzed through the interpretation of meanings, allowing the identification of the category "The Judiciary a

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Gilbert*, Jérémie. "Indigenous Peoples and Litigation: Strategies for Legal Empowerment." Journal of Human Rights Practice 12, no. 2 (2020): 301–20. http://dx.doi.org/10.1093/jhuman/huaa028.

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Abstract Across the globe indigenous peoples are increasingly using litigation to seek remedies for violation of their fundamental human rights. The rise of litigation is to be placed in the larger context of increased land grabbing, exploitation of natural resources, and the general lack of recognition of indigenous peoples’ rights at the national level. This lack of legal rights is usually coupled with a lack of political will to address the issues faced by indigenous peoples, often leading to serious human rights violations, leaving indigenous advocates with few options but to turn to court

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Lozano, Guillermo Otálora. "Commandeering the Institutions: The Legitimacy of Structural Judicial Remedies in Comparative Perspective." ICL Journal 12, no. 4 (2018): 387–429. http://dx.doi.org/10.1515/icl-2018-0021.

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Abstract In some countries, courts protect constitutional rights by ordering broad institutional reforms and overseeing those reforms. These broad orders are known as structural remedies, and they are currently part of the judicial practice of the United States, India, and Colombia. Structural remedies pose a problem of democratic legitimacy in that courts substitute for legislatures or administrators. This paper argues that structural remedies are democratically legitimate as long as they are used as a last resort and are aimed at addressing a specific institutional pathology within the legis

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CANES-WRONE, BRANDICE, TOM S. CLARK, and JASON P. KELLY. "Judicial Selection and Death Penalty Decisions." American Political Science Review 108, no. 1 (2014): 23–39. http://dx.doi.org/10.1017/s0003055413000622.

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Most U.S. state supreme court justices face elections or reappointment by elected officials, and research suggests that judicial campaigns have come to resemble those for other offices. We develop predictions on how selection systems should affect judicial decisions and test these predictions on an extensive dataset of death penalty decisions by state courts of last resort. Specifically, the data include over 12,000 decisions on over 2000 capital punishment cases decided between 1980 and 2006 in systems with partisan, nonpartisan, or retention elections or with reappointment. As predicted, the

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Girón, Alicia. "Is China Living a Minsky Moment? Between the “Lender of Last Resort” and the Chinese Shadow Financial System." Journal of Economic Issues 52, no. 2 (2018): 445–54. http://dx.doi.org/10.1080/00213624.2018.1469900.

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Biswas, Silpak, Mohammed Elbediwi, Guimin Gu, and Min Yue. "Genomic Characterization of New Variant of Hydrogen Sulfide (H2S)-Producing Escherichia coli with Multidrug Resistance Properties Carrying the mcr-1 Gene in China." Antibiotics 9, no. 2 (2020): 80. http://dx.doi.org/10.3390/antibiotics9020080.

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Colistin is considered to be a ‘last-resort’ antimicrobial for the treatment of multidrug-resistant Gram-negative bacterial infections. Identification of Enterobacteriaceae, carrying the transferable colistin resistance gene mcr-1, has recently provoked a global health concern. This report presents the first detection of a hydrogen sulfide (H2S)-producing Escherichia coli variant isolated from a human in China, with multidrug resistance (MDR) properties, including colistin resistance by the mcr-1 gene, which could have great implications for the treatment of human infections.

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Editors, RIAS. "IASA Statement of Support for the Struggle Against Racialized Violence in the United States." Review of International American Studies 13, no. 1 (2020): 291–93. http://dx.doi.org/10.31261/rias.9626.

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The International American Studies Association is dismayed to see the explosion of anger, bitterness and desperation that has been triggered by yet another senseless, cruel and wanton act of racialized violence in the United States. We stand in solidarity with and support the ongoing struggle by African Americans, indigenous peoples, ethnic minorities, migrants and the marginalized against the racialized violence perpetrated against them. As scholars of the United States, we see the killing of George Floyd and many before them as acts on the continuum of the history of the powerful commi

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Gutiérrez Crocco, Francisca. "Contesting the Neoliberal Order through Legal Mobilisation: The Case of Chilean Unions." Journal of Latin American Studies 52, no. 3 (2020): 575–99. http://dx.doi.org/10.1017/s0022216x20000590.

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AbstractScholars interested in labour in Latin America have traditionally paid little attention to trade unions’ legal mobilisation. However, the increasing number of legal complaints filed by workers with labour ministries and/or the courts in countries like Argentina, Brazil and Chile calls for a more serious debate on the role that trade unions play in this process. This article focuses on the Chilean case. Drawing on various sources, it shows that Chilean unions have turned legal complaints into a weapon to gain more rights and curb employers’ power. This process has involved the strongest

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Wei, Lizhou. "Padlocked to an export exemption? The OEM-related trade mark dispute in China." Queen Mary Journal of Intellectual Property 9, no. 1 (2019): 3–21. http://dx.doi.org/10.4337/qmjip.2019.01.01.

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Should a trade mark owner have the right to prevent third parties from affixing a trade mark to products intended for export? This problem has attracted less attention in the EU and US than it deserves. In comparison, Chinese courts have had to stand on this issue in the last decades when adjudicating on the cross-border OEM cases. Since the judicial opinion of the Chinese Supreme People's Court has always been in flux with the change of the presiding judge of the IP tribunal, this remains an open question in China. In practice, most Chinese courts are inclined to accept the export exemption r

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Mazzi, Davide. "“In Other Words, …”: A Corpus-based Study of Reformulation in Judicial Discourse." HERMES - Journal of Language and Communication in Business 24, no. 46 (2017): 11. http://dx.doi.org/10.7146/hjlcb.v24i46.97361.

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The language of the law has been a favourite subject of investigation for both legal professionals and linguists for more than a decade now. Linguists, for instance, have paid increasing attention to the interplay of precise and ﬂexible terms in legal drafting, and language variation across the genres of legal discourse. Among the latter, judgments have been discussed as a case in point by argumentation scholars, although the linguistic components of judicial argumentative discourse have often been overlooked. In the light of this, the aim of this paper is to carry out a corpus-based analysis

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Martins, António, and Cristina Sa. "The computation of taxable income when accounting numbers are not reliable." International Journal of Law and Management 60, no. 2 (2018): 543–62. http://dx.doi.org/10.1108/ijlma-12-2016-0181.

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Purpose The purpose of this paper is to discuss the causes that justify the application of presumptions in corporate income taxation. The authors focus on motives showing a connection to errors or fraud in the recognition of operations by the financial accounting system. The research question can be framed as follows: How to define the frontier between reliable accounting records and unreliable information, the latter rendering presumptions as an admissible way of taxing income? Design/methodology/approach The research design of this paper rests on two analytical steps based on the legal resea

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ZHOU, JUNSHAN, and ALAN WALKER. "The need for community care among older people in China." Ageing and Society 36, no. 06 (2015): 1312–32. http://dx.doi.org/10.1017/s0144686x15000343.

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ABSTRACTThe social care system of China has come under close scrutiny from policy makers due to the rapid ageing of China's population. Unfortunately, there is very little Chinese research evidence that might be used to plan future service developments. This article is a contribution to filling that gap and it provides essential new information on the expressed demand among older people in China for various community care services. The data are from the 2008 wave of the Chinese Longitudinal Healthy Longevity Survey. According to the characteristics of the dependent variables, we used Binary Lo

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MacKay, A. Wayne, and Gordon Krinke. "Education as a Basic Human Right: A Response to Special Education and the Charter." Canadian journal of law and society 2 (1987): 73–95. http://dx.doi.org/10.1017/s0829320100001162.

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“Special Education and theCharter: The Right to Equal Benefit of the Law” is an excellent article on the provincial statutory regimes and their relationship to s. 15 of theCharter. It surveys the legislatures' attempts at delivering education to students and highlights the shortcomings in these attempts, focussing on the inability or unwillingness of the legislatures to provide an appropriate education to mentally disabled individuals. The article then takes a prospective approach, illustrating how a generous interpretation of s. 15 of theChartermight be used to correct deficiencies in educati

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Jansen van Rensburg, Enelia. "The Application and Interpretation by South African Courts of General Renvoi Clauses in South African Double Taxation Agreements." Potchefstroom Electronic Law Journal 22 (November 20, 2019): 1–32. http://dx.doi.org/10.17159/1727-3781/2019/v22i0a4402.

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General renvoi clauses in DTAs based on article 3(2) of the OECD MTC provide that an undefined term in a DTA shall have the meaning that it has in the domestic law of the contracting state applying the DTA unless the context otherwise requires. All South African DTAs include such a clause. Many interpretational issues remain with regard to the application and interpretation of general renvoi clauses. This article considers four of these issues in the light of South African cases in which general renvoi clauses were referred to. The following cases are considered: ITC 789 (1954) 19 SATC 4

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Katzenstein, Mary Fainsod, and Maureen R. Waller. "Taxing the Poor: Incarceration, Poverty Governance, and the Seizure of Family Resources." Perspectives on Politics 13, no. 3 (2015): 638–56. http://dx.doi.org/10.1017/s153759271500122x.

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In the last decades, the American state has radically enlarged the array of policy instruments utilized in today’s governance of the poor. Most recently, through a process of outright “seizure,” the state now exacts revenue from low-income families, partners, and friends of those individuals who in very large numbers cycle in and out of the nation’s courts, jails, and prisons. In an analysis of legislation, judicial cases, policy regulations, blog, chat-line postings, and survey data, we explore this new form of taxation. In doing so, we endeavor to meet two objectives: The first is to documen

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Chan, Raymond K. H. "Globalisation, Unemployment and the Welfare Regime in Hong Kong." Social Policy and Society 3, no. 3 (2004): 273–82. http://dx.doi.org/10.1017/s1474746404001782.

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Hong Kong has a liberal economy, and its welfare regime relies, first, on income through employment and, second, on support provided by family and community members. Although the government has strategically invested in certain social services, generally speaking, its aid is intended to be a secondary, if not the last resort. This system was effective when Hong Kong benefited from globalisation, enjoyed virtually full employment in the decades preceding the mid-1990s. However, the changes in capital flow and increasing capital relocation to Mainland China have had a negative impact on employme

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Bainham, Andrew, and Stephen Gilmore. "The English Children and Families Act 2014." Victoria University of Wellington Law Review 46, no. 3 (2015): 627. http://dx.doi.org/10.26686/vuwlr.v46i3.4910.

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Parts I and II of the Children and Families Act 2014 may appear to make little change to English child law, largely amending existing statutes with provisions of a procedural and evidential flavour. Yet, as this article explains, it is deeply ideological legislation with roots in the Narey Report on adoption and the Family Justice Review. The article examines the background to the legislation and shows how, in the private law, statutory language was used to convey an "official" message concerning the importance of both separating parents remaining "involved" in their children’s lives. This res

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Kloegman, Larissa. "A Democratic Defence of the Court Challenges Program." Constitutional Forum / Forum constitutionnel 16, no. 1, 2 & 3 (2011): 2007. http://dx.doi.org/10.21991/c9kh3j.

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The introduction of the Charter of Rights and Freedoms1 has provided many historically disadvantaged groups with an opportunity to have their rights acknowledged in the policy process. Indeed the Charter places a legal ob- ligation upon governments to ensure their leg- islative efforts respect the rights of historically disadvantaged groups. Some claim, however, that the Charter has produced activist judges who create rights for “special” interest groups rather than defer to Parliament. Others sug- gest Canada’s parliamentary system is not, on its own, favourable to all Canadians, and many gro

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Zhuoyi, Wen, and Ngok Kinglun. "Governing the poor in Guangzhou: Marginalization and the neo-liberal paternalist construction of deservedness." China Information 33, no. 2 (2018): 210–33. http://dx.doi.org/10.1177/0920203x18786876.

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Since the early 21st century, the Chinese government has proactively expanded social protection by providing better benefits and broader coverage for its people. However, a new puzzle has emerged in the Minimum Living Standard Scheme, ‘last resort of social protection’ in China. Normally, when the benefit standard is set higher, relatively more people situated below this line are entitled to receive assistance. However, in reality fewer people than expected receive support. We study the case of Guangzhou, the capital of Guangdong Province, to explain this phenomenon and analyse the social citi

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Nuridin, Mukhidin, Achmad Irwan Hamzani, Moh Taufik, Kanti Rahayu,. "Termination of Employment Problems in Indonesia." Psychology and Education Journal 58, no. 2 (2021): 6483–88. http://dx.doi.org/10.17762/pae.v58i2.3180.

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Termination of employment is a complex problem. The impact on unemployment, criminality, and employment opportunities. It takes a harmonious relationship between employers and workers because it has the same interests. The purpose of this study is to describe the termination of employment to workers that should be done by the Company and review the implementation of the Labor Law after the Decision of the Constitutional Court related to Termination of Employment This research uses secondary data, with a normative approach, namely reviewing the issue of termination of employment based on applic

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Keel, Alois, and Willi Zimmermann. "Der Wald im Lichte der neueren bundesgerichtlichen Rechtsprechung | Forest legislation in the recent jurisdiction of the Federal Supreme Court." Schweizerische Zeitschrift fur Forstwesen 160, no. 9 (2009): 263–74. http://dx.doi.org/10.3188/szf.2009.0263.

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With the entry into force of the new Swiss Federal Law on Forests on the 1st of January 1993, the basis of decision-making for the Federal Supreme Court concerning forestry issues has, at least formally, fundamentally changed. This article depicts the development of the Federal Supreme Court's jurisdiction during 2000–2008 concerning the legislation on forests. The analysis of about 100 decisions reveals that the federal jurisdiction has, with regard to contents, barely changed in comparison to that of the federal law on supervision of the forest police of 1902. The most frequent causes of dis

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