Search

We examine the role institutional pressures, at the subnational level, play in the generation of eco-innovations and explicitly consider how they interact with firms' heterogeneous capabilities and ownership characteristics. Theoretically, we combine elements from institutional theory with the resource-based view of the firm to develop our hypotheses. Empirically, we use a novel dataset over the period 2003–2013 compiled from several sources: (I) environmental regulations (city-level) from the China Environmental Statistical Yearbooks and City Statistical Yearbooks; (II) green patents (firm-level) from the China National Intellectual Property Administration; and (III) ownership (firm-level) from the National Bureau of Statistics. Our econometric analysis employs an instrumental variable (IV) approach that controls for endogeneity and a negative binomial multilevel methodology for robustness. The results show that institutional pressures associated with environmental regulations, implemented at city level, lead to more green patents produced by firms in these jurisdictions. Crucially, the effectiveness of environmental regulation is enhanced when firms invest more in their internal technological capabilities. Finally, we find that a firm's affiliation with a business group enhances the positive effects of regulations in terms of the production of eco-innovations. [ABSTRACT FROM AUTHOR]

The article provides a scientific and practical analysis of international legal aspects relating to the issue of determining the exclusive jurisdiction of a dispute by means of a choice of court agreement, which is quite relevant, since the ratification of the relevant Convention, which was signed in 2014, took place during the martial law regime, which complicates the process of implementing the provisions of the Convention in the Ukrainian legal system. The author analyses the current Ukrainian legislation in the area of determining the jurisdiction of private law relations with a foreign element, in particular, proceedings in cases related to the jurisdiction determination procedure, and international documents in the area of choice of court agreements, such as the Laws of Ukraine «On International Private Law», «On Amendments to Certain Legislative Acts of Ukraine in connection with the Ratification of the Convention on Choice of Court Agreements», the Hague Convention on Choice of Court Agreements and the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards. The author identifies certain problems of enforcement of the choice of court agreement in the judicial system of Ukraine and issues of procedural protection of the parties to the agreement. It is noted that currently there is no definition of an exclusive choice of court agreement in national legislation and there are problems in the enforcement of a Ukrainian court decision by other states where no agreement on legal assistance has been concluded. The difficulty of applying the Convention on Choice of Court Agreements in comparison with the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards has been proven, which may lead to differences in the practice of use among the countries that are parties to the Convention. The author identifies the need to expand Article 4-1 of the Law of Ukraine «On Private International Law» and improve the implementation of disputes involving an exclusive choice of court agreement. The author emphasises the need to resolve problematic issues, as this will positively affect the international legal image of the state and prepare further legislative changes for more effective synthesis of the legal systems of Ukraine and the EU member states. [ABSTRACT FROM AUTHOR]

Post-secondary education (PSE) experienced explosive growth and diversification over the past century, affording students a range of increasingly complex pathways that they can travel to acquire a credential. In various jurisdictions, governments have made significant investments to facilitate student uptake of unconventional transfer pathways that involve stops at multiple institutions. But, there has been limited effort to understand the impact of travelling these unconventional pathways on graduate labour market outcomes. Moreover, existing studies across many jurisdictions typically lack access to detailed measures of academic performance, demographics, and other pertinent controls that could explain the relationship between PSE pathway uptake and labour market outcomes. Through this study we model this relationship by drawing on a large custom linkage between student records from the Toronto District School Board (TDSB) and three large administrative datasets housed in Statistics Canada's Education and Labour Market Longitudinal Linkage Platform (ELMLP). This linkage offers census-level coverage of the population of interest and allows us to longitudinally track students from their Grade 9 year at the Toronto District School Board (TDSB), into and through Ontario PSE, and then as they enter the labour market. Our analyses unearth a series of pathway-based earnings disparities that prove robust to available controls. We elaborate on the implications of these findings for policymakers and draw attention to their relevance for scholars interested in school-to-work transitions in Canada and abroad. [ABSTRACT FROM AUTHOR]

Whilst hydrogen as a substance is not new, the recent surge in interest around hydrogen is prompting new regulatory frameworks and hydrogen strategies to support the uptake of the hydrogen economy. The potential of hydrogen to facilitate the decarbonisation of especially hard‐to‐abate sectors is immense, and various jurisdictions are actively creating regulatory frameworks for hydrogen investments, particularly in their green, clean or low‐carbon forms. This is crucial because hydrogen's environmental impact depends on its production methods. This article explores the United States (US) and the European Union (EU) approaches in implementing measures to support the uptake of hydrogen market. More specifically, it seeks to identify the main similarities and differences of the forerunner jurisdictions' adopted policies. The article focusses on the recent measures proposed or adopted by both jurisdictions, suggesting that their leading positions are becoming more aligned. [ABSTRACT FROM AUTHOR]

The influence of American legal thinking on the constitutional development in Germany is discussed in the article "The long influence of American legal thinking on the constitutional development in Germany." The Paulskirchenverfassung of 1849 and the Basic Law have benefited from American constitutional ideas. Professors such as Mittermaier and Mohl have provided important mediation services. Federalism and constitutional jurisdiction are central themes that are shaped by American influences. [Extracted from the article]

Between the second half of the eighteenth and the beginning of the nineteenth century, the Indian Ocean became a theatre of the global war waged by European imperial states. This article compares how three colonial powers, in French, Danish, and British colonial territories, dealt with interconnected political threats, in a region where the limits of imperial sovereignty and jurisdictions were often blurred and frequently renegotiated. Rather than a formally sanctioned doctrine and legal category, deportation should be understood as a crude tool for solving a variety of problems. Although the forced removal of criminals, religious minorities or political opponents was not a new instrument to the late eighteenth century, it is often ignored that political deportation was also a widely used legal practice in the Indian Ocean during the 'age of revolutions'. In this region, deportation was used by imperial centres to get rid of political enemies, but also by regional authorities, without referring to metropolitan orders. It was usually not a judicial punishment, but an administrative measure justified in the name of political necessity. This article focuses on three small colonial enclaves, French Reunion, Danish Tranquebar, and British Pondicherry, where a siege mentality and fear of political sedition were omnipresent in this period. Contemporaries believed, with some justifications, that a single conspiracy linked these three colonial theatres, involving the same set of protagonists, who redeployed their projects as they were removed from one place to the next. But in these three sites and societies, deportation raises different issues. Dumping radicals on a foreign shore might have been a short-term fix, but it rarely solved problems in the long term: deportees often returned after some time, which was a direct consequence of the colonial authorities' reluctance to take irreparable decisions, and of the entanglement of empires and polities in the Indian Ocean. [ABSTRACT FROM AUTHOR]

Every empire in the Americas developed a law of slavery that connected the forced transoceanic migration of enslaved people with land-based economic production and social life. Competing conceptions of jurisdiction over land and sea emerged from legal processes regarding slavery in the transition from colonial Portuguese rule to early independence in Brazil. Both the Portuguese monarch and post-independence Brazilian ministers sought to assert jurisdiction over residents inside the territory, including enslaved people. Their attempts to do so created social conflicts in which enslaved people put forth their own visions of jurisdiction and justice. Afro-Brazilian people developed a legal politics that drew upon diasporic maritime connections to overturn enslavement. The legal politics of cases regarding uprisings and contraband slave-trading animated concerns among judges and imperial administrators about effective legal order. A revolutionary movement in 1798 contested Portuguese colonial sovereignty with a vision of free-trade popular sovereignty. The monarch's transfer from Portugal to Brazil in 1808 opened a small route for enslaved people to petition the crown for freedom based on innovative readings of free soil. A major case of capture in 1851 illuminated how the naval court judge adjudicated the case as the capture of an enemy. Captive African people testified in court to gain collective freedom in a liminal space. These claims to freedom raised important questions about legal equality and freedom from illegal trafficking for all people held in slavery in Brazil. [ABSTRACT FROM AUTHOR]

This is the English version of the guidelines for the diagnosis and treatment of idiopathic portal hypertension, extrahepatic portal obstruction, and Budd–Chiari syndrome, which were established and revised in 2018 by the Aberrant Portal Hemodynamics Study Group under the jurisdiction of the Ministry of Health, Labor, and Welfare in Japan. These guidelines are excerpts, and the full version consists of 86 clinical questions and explanations, totaling 183 pages in Japanese. [ABSTRACT FROM AUTHOR]

The article reports that the Florida Supreme Court abandoned the misapplication theory of jurisdiction in its decision on the 2024 case Askew v. Department of Children and Families. Topics discussed include the acknowledgment of the express and direct conflict jurisdiction standard in the case, the 1980 revision to the Florida Constitution concerning discretionary jurisdiction, and brief details of the case and the background of the court decision.

This study provides an evaluation of recidivism outcomes for a specialized, field-based treatment program for youth who perpetrate sexual offenses in an Australian jurisdiction. Using survival analyses, recidivism outcomes for the treatment group (n = 200), who were followed for an average of 5.07 years (SD = 3.13), were contrasted with a sample of sexually offending youth who were either referred but not accepted or not referred to the program (n = 295). Rates of sexual recidivism were low and not significantly different between the groups (9.5% for treated and 10.8% for untreated). Unadjusted Cox regression results indicated that the treated group were less likely to violently recidivate compared to the untreated group (HR = 1.41, 95% CI [1.01, 1.96]), but this effect became nonsignificant when controlling for offense history covariates (HR = 1.22, 95% CI [0.87, 1.72]). Both groups exhibited high rates of nonsexual offending during the follow-up period, and treatment factors including clinician-rated success, were found to be associated with a lower frequency of reoffending after treatment. Findings highlight important considerations for both practice and research. First, findings suggest the need for specialized programs to ensure factors associated with general recidivism are also addressed in treatment; second, findings reinforce potential utility for clinician-rated and structured assessments to inform treatment planning and outcomes. Finally, the findings raise the importance of appropriate comparison groups when designing evaluation studies, to accurately inform policy and practice. [ABSTRACT FROM AUTHOR]

Class actions play an important role in civil litigation, but they suffer from a serious problem. No matter how many plaintiffs are in the class, the individual claims are often miniscule, which can make distributing the inevitable settlement futile. Very few people make a claim, and it often costs more to mail the check than the check is worth. To solve this problem, Steven Shepherd proposed importing the cy pres doctrine (a trusts and estates device that allows courts to rewrite an unenforceable trust) into the class actions context. Shepherd's framework instructs courts to devise the next best alternative for distributing the funds from a class action settlement. Oftentimes, this will involve donating the money to a charity whose work aligns with the policy goals of the statute creating the cause of action. Courts across the country have adopted this framework with open arms, and the doctrine has developed a mind of its own. Courts are now bending over backwards to approve these cy pres settlements, often overlooking clear legal errors, glaring public policy concerns, and flagrant ethical violations to justify them. But there is a more fundamental problem: cy pres is unconstitutional. Rule number one of federal jurisdiction is that plaintiffs must satisfy the "irreducible constitutional minimum" of Article III standing to sue. Plaintiffs lack standing when the requested remedy would not redress the harm, and cy pres settlements do not redress the harm the class has suffered. This Note argues courts should replace cy pres with an escheatment scheme that ensures class actions redress the plaintiffs' harms. Escheatment serves the twin goals of both ensuring the class members receive their money (thereby satisfying the redressability requirement) while also preventing the egregious misconduct many attorneys engage in while negotiating these settlements. [ABSTRACT FROM AUTHOR]

This article discusses jurisdictional issues when cases related to arbitral awards of the Court of Arbitration for Sport end up before the European Court of Human Rights (ECtHR). By focusing on the ECtHR's Third Chamber judgment in the Semenya case, it discusses how the unique governance structure of sports governing bodies, as the benchmark for such disputes, has distorted the traditional jurisdictional paradigms of the ECtHR, posing challenges for the Court in addressing potential human rights violations in the realm of sports. This article argues that human rights claims arising from sports activities form a new class of human rights litigation stemming from the activities of private actors with a strong public character. Such dynamics grant the ECtHR a central role as the ultimate arbiter in protecting human rights within the realm of sports and require it to subject the sports proceedings to a comprehensive review both on procedural and substantive grounds, even with relation to athletes residing outside the territory of Council of Europe member States. [ABSTRACT FROM AUTHOR]

Copyright of Pravnik is the property of Czech Academy of Sciences, Institute of State & Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In an era of disruptive global challenges, from climate crises to pandemics, understanding the drivers of drastic policy innovation is paramount. This study defines drastic policy innovation as a significant shift in governmental priorities through policies untried by most jurisdictions in a country. While policy entrepreneurs are often credited with initiating change, this study argues that political will is essential for enacting and implementing such innovative policies. Political will is defined as the degree of commitment among key decision makers to enact and implement specific policies. It is characterized by three key components: authority (the power to enact and enforce policy), capacity (the resources to implement it effectively), and legitimacy (the perceived rightfulness of actions by stakeholders). Through the case of low‐carbon city experimentation in China, this study examines how political will drives the adoption and implementation of these policies. The findings reveal that a high level of political will is significantly linked to more drastically innovative policies being enacted and implemented and that when political will is institutionalized, implementation continues despite leadership turnover. These insights likely apply to other policy contexts and countries, regardless of regime type, albeit with some caveats. [ABSTRACT FROM AUTHOR]

This text discusses the European system in the modern age, describing the concept of ‘state’ as an object bounded by property rights and its owner’s jurisdiction. In order to maintain the state, it was necessary to keep the inhabitants in a state of submission, through either persuasion or force. State policy consisted in preserving the possessions of the state, improving and increasing it, combining statecraft with the subjects and concert with other state-holders. States were not autonomous units, but domains, and state affairs concerned ways of increasing or maintaining their ownership. When two princes married, they united their states and created a new political and institutional framework, with each spouse taking on the conflicts and alliances of his or her partner, creating entirely new situations. Each peace treaty or alliance was solidly sealed with a dynastic union, as can be seen in the example of the rise of the House of Habsburg, which became the first European power after integrating the inheritances of three great lineages: the Austrian Habsburgs, who contributed fiefdoms and states in Central and Eastern Europe, the House of Burgundy, who contributed states in France and the Low Countries, and the House of Trastámara, who contributed the kingdoms of Castile and Aragon. [ABSTRACT FROM AUTHOR]

The economy-based growth governance of local government departments significantly influences the strategic behaviour of firms in their jurisdictions. We mainly explore how local economic growth targets affect ESG transformation. Results indicate that the higher the local economic growth target is set, the lower the level of ESG transformation of companies is. Additionally, the inhibitory effect of local economic goals on ESG in State-owned enterprises has been significantly higher than that in non-SOEs. [ABSTRACT FROM AUTHOR]

Introduction: The aim of this study was to describe the research productivity among RANZCR Radiation Oncology (RO) trainees. Methods: Publicly available data on RO fellows, who were awarded the RANZCR fellowship between July 2014 and June 2023, was extracted from the RANZCR Annual Reports. Fellows who had qualified overseas and did not undertake full RANZCR training were excluded. A PubMed search was performed for publications by each fellow in the 5 years prior, and 6 months, after the estimated completion of training. Research productivity was defined as the number of first‐author and any‐author publications per trainee. Results: In total, 168 eligible RO fellows were included in this study. 104 (62%) and 118 (70%) fellows had first‐author and any‐author publications during training, respectively. A total of 203 first‐author and 308 unique any‐author publications were identified, with mean first‐author and any‐author publications per trainee of 1.21 (SD = 2.37) and 2.02 (SD = 3.71), respectively. Trainee research was most commonly published in JMIRO (34% of first‐author and 27% of any‐author publications). There were significant differences in the number of first‐author publications by gender (P = 0.04) and training jurisdictions (P = 0.03). There were also differences in the number of any‐author publications by gender (P = 0.002) and training jurisdictions (P = 0.03). There was a significant increase in any‐author publications over the 9‐year study period (P = 0.005). Conclusion: This is the first study evaluating research productivity among RO fellows during training. We identified disparities in research productivity by gender and training jurisdictions. This offers opportunities to tailor efforts to better support a vibrant and productive research culture across the RO training program. [ABSTRACT FROM AUTHOR]

Internationalization is known to enhance university capacities in cross‐border learning and encourage institutional transformations for improved quality of scholarship and education. Studies on internationalization of research and teaching are, however, under‐problematized with regard to asymmetries that pervade different collaborating systems and cultures. This paper addresses this gap by elucidating asymmetries in the Greater Bay Area of China (GBA), which is dealing with differences in legacies and experiences of internationalization in university research and teaching. At a time when the governments in the three constituent jurisdictions of GBA—Guangdong Province, Hong Kong Special Administrative Region (SAR), and Macao SAR—encourage universities to collaborate across jurisdictional borders, this study applies a bibliographic analysis to shed light on asymmetries and mitigation strategies in internationalization of research and teaching. [ABSTRACT FROM AUTHOR]

The word “abortion” pervades public discourse in the wake of Dobbs v. Jackson Women’s Health Organization. But do people know what it means? Not only do law and medicine define it differently, but state legislatures have codified wildly different definitions of abortion across jurisdictions. This Article exposes inherent ambiguities at the boundaries of the term, particularly as it intersects with other categories of reproductive health care often viewed as separate, like pregnancy loss and ectopic pregnancy. By juxtaposing statutory text with real people’s experiences of being denied care in states with abortion bans, this Article reveals how those ambiguities cause tragic results. This Article’s analysis also tracks how antiabortion legislatures have responded to the tragedies of their own making by changing the definition of abortion. Thirteen abortion-hostile states have changed the definition of abortion since Dobbs, eleven of which have added at least one definitional exclusion, most commonly for ectopic pregnancy, miscarriage, or molar pregnancy. States that have expanded abortion rights, on the other hand, have moved in the opposite direction, broadening their abortion definitions as they expand reproductive rights. The findings from this Article have a variety of normative implications. First, they demonstrate that “abortion” is an ambiguous term that lacks a fixed meaning. Given that many abortion bans and the long-unenforced Comstock Act leave the term undefined, courts will need to consider canons of construction, context, and history to resolve the term’s ambiguity. Second, the findings strongly support the conclusion that state abortion definitions and ban exceptions are unconstitutionally vague. This analysis cuts against a predominate antiabortion narrative that the laws are clear, yet doctors are willfully or unintentionally misinterpreting them. Finally, the findings underscore how Dobbs created an unworkable framework that moved the complicated experience of pregnancy from the medical to the legal domain, strengthening calls to overturn the decision. [ABSTRACT FROM AUTHOR]

In 2021, over 98% of criminal cases at the federal level terminated in guilty pleas, many of which were the result of plea agreements between the prosecution and the defense. The numbers were similar at the state level. Despite this prevalence of plea agreements, many U.S. jurisdictions limit the role that judges may play in providing oversight in the plea negotiation process. At the federal level--and in at least 14 states--judicial participation in the plea-bargaining process is entirely prohibited. In those jurisdictions, judges have one tool for oversight: judicial discretion to reject plea agreements. On the rare occasions in which judges use this tool, the reasons for rejecting plea agreements vary widely. Some cite issues with sentencing leniency, others point to the need for the participation of the public or alleged victims in the legal process, and still others raise concerns around legislative intent, police officers' views, or appellate waivers. However, the exact contours of that discretion remain ill-defined. The reasons for rejection given by different judges sometimes conflict, and the rarity of memorialized rejections means little caselaw has developed on the subject. This, in turn, has created a lack of predictability for parties in the plea-bargaining process. This Note reviews case law at the federal and state levels to determine what limits appellate courts have placed on that discretion and what factors trial courts have considered relevant to its exercise. It then argues for a unifying two-step framework for judicial rejection of plea agreements. First, trial courts would adopt a rebuttable presumption in favor of rejecting such agreements. Second, the trial court would determine whether the parties have rebutted that presumption, considering prosecutorial prerogatives, the defendant's autonomy and rights, the public interest in participating in the criminal legal system, and the views of any alleged victims. By working within this framework, trial courts could enhance the consistency and predictability of judicial rejections of plea agreements for all stakeholders in the criminal legal system. [ABSTRACT FROM AUTHOR]

This article examines how settler legal orders in Eastern Navajo Agency produce conditions of impasse that defer investments in life sustaining infrastructures, like roads. Focusing on the conjuncture of infrastructural decay and jurisdictional friction amid an oil and gas boom, I elaborate a concept of “gridlock” as a deadly effect of settler governance. Unfolding stories about road maintenance, school access, and emergency medical transport, the article describes gridlock as a space of both impasse and improvisation that Diné residents inhabit in moving through a region engineered for their immobility. [ABSTRACT FROM AUTHOR]

Jurors in common law jurisdictions receive a large amount of complex information about their role in the court process at the start of the trial. One common instruction is that, if the jurors have any questions, they can put their questions in writing to the judge. This article explores whether the current jury question process offers jurors a viable way in which to fill in perceived gaps in their comprehension of expert evidence. It does so by providing rare insight into the views of real jurors, judges, expert witnesses and lawyers from 55 Australian criminal jury trials. The results reveal that whilst most study participants believed jurors should be able to ask questions during the trial, in practice, some jurors were either too intimidated or unaware that they could do so. These findings should help inform judges as to how best to moderate the jury question process. Ensuring that jurors feel comfortable to ask questions of experts is likely to reduce the need for jurors to seek answers to their questions online and consequently safeguards the imperative of all adversarial justice systems; to offer a fair trial, based on the evidence presented during the trial. [ABSTRACT FROM AUTHOR]

This article challenges the idea that judicial review is purely judicial and adversarial in nature. Instead, I argue that recent doctrinal and remedial changes to judicial review suggest that courts hold a quasi-administrative jurisdiction. By a quasi-administrative jurisdiction, I mean one that prospectively, and retrospectively, aids and advises on the execution of public administration. For example, the Federal Court in Canada (Citizenship and Immigration) v Mason suggested that federal tribunals should start using the advisory reference procedure found in section 18.3(1) of the 1985 Federal Courts Act to resolve 'dueling administrative interpretations' of their home statutes. Canadian courts have also started to remit cases back to administrative decision makers with specific instructions explaining how they are to proceed upon redetermination, thereby structuring and advising on the proper exercise of discretion. The existence of these quasi-administrative remedies requires us to rethink Lon Fuller's contention that the form of adjudication is inherently bilateral, adversarial, and retrospective. Fuller's contention was based on the claim that arguments in court are ordinarily presented in the form of claims of right in the disputant's favour. However, I argue that, in public law adjudication, arguments are presented in the form of claims of legitimate authority in the public interest. This establishes judicial review on what I term a multilateral, collaborative, and prospective form of adjudication. This form suggests that the court is in fact suited to exercising quasi-administrative functions. [ABSTRACT FROM AUTHOR]

How do data scientists frame their relations with domain experts? This study focuses on data scientists' aspired professional jurisdiction and their multiple narratives regarding data science's relations to other fields of expertise. Based on the analysis of 60 open-ended, in-depth interviews with data scientists, data science professors, and managers in Israel, the findings show that data scientists institutionalize three narratives regarding their relations with domain experts: (a) replace experts, (b) absorb experts' knowledge, and (c) provide a service to experts. These three narratives construct data scientists' expertise as universal and omnivorous; namely, they are relevant to many domains and allow data scientists to be flexible in their claim for authority. [ABSTRACT FROM AUTHOR]

A long tradition of both State and religious interest and support characterised provision for education on the island of Ireland from the 1700s. Following the partition of Ireland in the 1920s, the newly created political entities of the Irish Free State and Northern Ireland forged separate and distinct education policy trajectories that largely reinforced and propagated the dominant identity in each jurisdiction. This article explores and assesses the contributions of the first Ministers for Education in the Irish Free State and in Northern Ireland in the 1920s, Eoin MacNeill and Lord Londonderry, respectively. A particular emphasis is placed on their influence, impact and legacy on primary education policy development and enactment. Ultimately it could be argued that both Ministers can be characterised to a certain extent as political failures in terms of introducing and embedding education policy that aligned with their personal or political ambition and ideology. [ABSTRACT FROM AUTHOR]

Since South Africa's 1994 transition from apartheid to democracy, the African National Congress (ANC) has advanced place renaming alongside jurisdictional rescaling. This confluence allows scholars to examine the political-economic, symbolic, and mnemonic dimensions of territorial inscription. The ANC's wall-to-wall system of local and district municipalities aimed to rectify the inequality-exacerbating geography of apartheid and create more robust and redistributive localities. Concomitantly, jurisdictional toponyms celebrate anti-apartheid struggle heroes and cut across prior fault-lines of white and Black, haves and have-nots. Based on fieldwork in the Mahikeng Local Municipality (formerly two cities, Mmabatho and Mafikeng, in the Bophuthatswana 'Bantustan'), I find that new local-government and district-level jurisdictions can indeed integrate prior fault-lines. Yet the process of subnational restructuring also created new inequalities, for instance across municipal categories and between traditional and municipal councils. Residents' perceptions of local changes are differentiated: some employ new place and jurisdictional names and find State efforts admirable; others see State efforts as merely symbolic changes justifying corruption, opacity, and state-capture; and still others applaud State efforts but see limited results, blaming broader world systems of racial-capitalist urbanization. This research reveals how place-naming and jurisdictional reformulation are worthwhile steps towards rectifying apartheid-era inequalities, but require grassroots popular-democratic decision-making. [ABSTRACT FROM AUTHOR]

This study assesses whether jurisdictions' comprehensive or general plans mention gentrification, given that gentrification impacts vulnerable communities' long-term economic outlook, health, and quality of life. We focus on plans in four regions – Southern California, the San Francisco Bay Area, New York City, and Portland, Oregon. In our content analysis, only 23 of 308 jurisdictions that adopted plans between 1990 and 2020 mention gentrification, describe the problem of gentrification, and/or provide recommendations in their plans. The findings suggest that most planning blueprints do not acknowledge gentrification despite the equity impacts on vulnerable communities. [ABSTRACT FROM AUTHOR]

The essay critiques the Supreme Court's novel approach toward statutory construction in Sackett (2023). The Sackett Court considered whether the Ninth Circuit applied the appropriate test to determine whether the Sackett's property contained wetlands regulated under the Clean Water Act (CWA). In doing so, the Court cast aside what has been considered the operative test for assessing jurisdiction, the significant nexus test. In lieu of that test, the majority articulated a considerably constrained understanding of the CWA's reach. This essay explores how it reached that understanding and why some of the Justices' analyses are as problematic as the operative conclusion. I explain why the majority opinion and one of the concurring opinions not only shunned any typical analysis when construing a statute, it ostensibly relied on history surrounding navigability without portraying that history with any semblance of thoroughness. [ABSTRACT FROM AUTHOR]

This paper examines the evolving discussions on directors' duties in the insolvency context within the EU, particularly in light of recent harmonisation initiatives such as the 2019 Directive on Restructuring and Insolvency and the 2022 Proposal mandating a duty to file for insolvency. Using empirical data from Austria—a jurisdiction with a duty to file—and the Netherlands, which lacks this duty, the study investigates the potential impact and practicality of such requirements. Findings reveal that while Austria and the Netherlands have different frameworks, similar issues in enforcement and compliance emerge in both. These results suggest that imposing stricter or more explicit norms on directors across the EU may not effectively achieve policy goals, especially if financial constraints on enforcement remain unaddressed. We advocate for a policy approach that focuses on practical outcomes and enforcement capacity. [ABSTRACT FROM AUTHOR]

In cross‐border insolvency cases involving foreign liquidators, Hong Kong courts traditionally adhered to two criteria for recognition and assistance: the collective nature of insolvency proceedings and the commencement of such proceedings in the company's place of incorporation. This approach has evolved following Re Global Brands, marking a shift towards considering the company's COMI as a more practical criterion, and highlighting the impracticalities of using the place of incorporation as the primary criterion. Despite the benefits, the COMI Criterion introduces complexities, such as potential non‐recognition and conflicting rulings between jurisdictions. There are also questions surrounding the differences between the principle of modified universalism under common law and the UNCITRAL Model Law. This article analyses the impacts brought about by the transition to the COMI Criterion, and encourages consideration of the adoption of the Model Law by Hong Kong in the future. [ABSTRACT FROM AUTHOR]

"This article examines the implementation of the Model Law on Cross‐Border Insolvency in Canada and the evolution of the concept of "modified universalism". In particular, the article argues that Canadian courts have developed an expansive view of modified universalism, based upon a liberal and purposive interpretive approach, that prioritizes cooperation and coordination with foreign courts to the greatest possible extent. This expansive view of modified universalism began developing in the jurisprudence long before Canada adopted the Model Law in 2009. Although this evolution was not entirely without controversy, since 2009 the law has continued to develop along the same lines. Thus, the Canadian experience illustrates the important role played by the courts in laying the groundwork for the successful adoption and implementation of the Model Law. This can be contrasted with the more restrictive approaches taken by courts in certain other jurisdictions. At the same time, the article also highlights the conceptual indeterminacy of modified universalism, suggesting that more work is needed to fill gaps and resolve inconsistencies that may hamper the law's further development. [ABSTRACT FROM AUTHOR]

Copyright of Internationales Handelsrecht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article challenges the idea that judicial review is purely judicial and adversarial in nature. Instead, I argue that recent doctrinal and remedial changes to judicial review suggest that courts hold a quasi-administrative jurisdiction. By a quasi-administrative jurisdiction, I mean one that prospectively, and retrospectively, aids and advises on the execution of public administration. For example, the Federal Court in Canada (Citizenship and Immigration) v Mason suggested that federal tribunals should start using the advisory reference procedure found in section 18.3(1) of the 1985 Federal Courts Act to resolve 'dueling administrative interpretations' of their home statutes. Canadian courts have also started to remit cases back to administrative decision makers with specific instructions explaining how they are to proceed upon redetermination, thereby structuring and advising on the proper exercise of discretion. The existence of these quasi-administrative remedies requires us to rethink Lon Fuller's contention that the form of adjudication is inherently bilateral, adversarial, and retrospective. Fuller's contention was based on the claim that arguments in court are ordinarily presented in the form of claims of right in the disputant's favour. However, I argue that, in public law adjudication, arguments are presented in the form of claims of legitimate authority in the public interest. This establishes judicial review on what I term a multilateral, collaborative, and prospective form of adjudication. This form suggests that the court is in fact suited to exercising quasi-administrative functions. [ABSTRACT FROM AUTHOR]

This note describes the sources and methods used to calculate the emissions-weighted carbon price (ECP), the average price applied to CO2 emissions across all sources of emissions within a territorial jurisdiction by all carbon pricing mechanisms in force. It provides a transparent summary of the stringency of carbon pricing mechanisms in force within a given jurisdiction and allows for a straightforward comparison of that stringency across jurisdictions. It also describes the methodology behind two closely connected calculations: (i) sector-level carbon prices (by IPCC categories of emissions by sources and by categories of economic activity, respectively), (ii) industry- and country-level carbon costs. [ABSTRACT FROM AUTHOR]

High forest low deforestation jurisdictions (HFLDs) contain many of the world's last intact forests with historically low deforestation. Since carbon financing typically uses historical deforestation rates as baselines, HFLDs facing the prospect of future threats may receive insufficient incentives to be protected. We found that from 2002 to 2020, HFLDs (n = 310) experienced 44% higher deforestation rates than their historical baselines, and 60 HFLDs underwent periods of high deforestation (deforestation rate > 0.501%) at 0.983 ± 0.649% (mean ± SD)--a rate 7.5 times higher than the 10-y historical baseline of all HFLDs. For HFLDs to receive sufficient carbon finance requires baselines that can better reflect future deforestation trajectories of HFLDs. Using an empirical multifactorial model, we show that most contemporary HFLDs are expected to undergo higher deforestation from 2020 to 2038 than their historical baselines, with 72 HFLDs likely (>66% probability) to undergo high deforestation. Over the next 18 y, HFLDs are expected to lose 2.16 Mha y-1 of forests corresponding to 585 ± 74 MtCO2e y-1 (mean ± SE) of emissions. Efforts to protect HFLD forests from future threats will be crucial. In particular, improving baselining methods is key to ensuring that sufficient financing can flow to HFLDs to prevent deforestation. [ABSTRACT FROM AUTHOR]

Armenia and Azerbaijan have had a long history of adversarial conflict, with hostility being a recurring theme throughout history. The long history manifested into outright armed conflict between Armenia and Azerbaijan in 2020. Subsequently, Armenia filed an application before the International Court of Justice to institute proceedings against Azerbaijan for racial discrimination against ethnic Armenians. This paper examines the jurisdiction of the icj in deciding on the dispute. The paper argues that it appears that the icj has jurisdiction over the present dispute. The second part of the paper discusses the applicability of the Articles on the Responsibility of States for Internationally Wrongful Acts and the International Convention on the Elimination of All Forms of Racial Discrimination. It finally concludes with the way forward. [ABSTRACT FROM AUTHOR]

The article reports on the publication of written summaries of select informal opinions issued by the Office of Legal Ethics Counsel pursuant to Missouri Supreme Court Rule 5.30. These include litigation loans pursuant to the Missouri Consumer Legal Funding Act, virtual practice of law of another jurisdiction from Missouri, and out-of-state lawyer reviewing purchase documents.

Around the country, jurisdictions are exploring new routes to expand access to justice by empowering community justice workers to provide legal services. Though such activities are often regarded as new, some have existed for decades -people without law licenses have long been authorized to provide representation in immigration matters, Tribal courts, and for those incarcerated in prisons and jails, as well as before a wide range of state and federal administrative agencies and otherfora. Recent eforts are seeking to expand community justice work, both by enlarging the labor force of justice workers and by empowering them to provide more useful and impactful legal assistance. For example, in November 2022, the Alaska Supreme Court approved a waiver of unauthorized practice of law restrictions that will allow Alaska Legal Services Corporation (ALSC), the largest civil legal aid provider in the state, to train and supervise community justice workers who live throughout Alaska's many rural and remote communities, including many where no attorneys live or even visit. Delaware's legislature took action on a key inequality in landlord-tenant law: in the past, landlords were permitted to employ non-lawyers for representation, but tenants were required to represent themselves or find an attorney. Delaware corrected this by permitting registered agents to appear in court on both sides of an eviction case. Andfornearlyfour years, the Utah Supreme Court has been operating the world'sfirst legal services regulatory sandbox, a regulatory space where traditional rules restricting legal advice and advocacy to lawyers can be relaxed in an environment where consumer protection is monitored in real time. This paper reviews established community justice worker models that have been serving low-income and excluded communities in the United States for more than 50 years, including accredited immigration representatives, Tribal lay advocates, and jailhouse lawyers and emerging justice worker models advanced in Alaska, Arizona, Delaware, and Utah in the last five years. These real-world activities offer opportunities for learning about whatfactors make justice work not only effective at resolving people's justice problems or encouraging their engagement with law, but also what makes justice worker programs sustainable over the long term and scalable to meet the enormous volume of Americans' unmet legal needs. To encourage that learning, we offer a people-centered and evidence-based framework for designing and evaluating community justice worker models that focus on program effectiveness, scalability, and sustainability. [ABSTRACT FROM AUTHOR]

Duress, which in principle can invalidate a contract, is recognized in both civil and common law systems. In Rwanda, while duress is addressed under the law on contracts, the Rwandan law lacks a precise definition of it, leading to potential inconsistencies in its application. This paper explores the conceptual ambiguities in Rwandan contract law regarding duress, specifically whether it must be physical or not, whether it must necessarily arise from an illegitimate act, and whether it can be exerted by or to third parties. Through a normative approach, the paper focusses exclusively on contractual duress and seeks to illuminate these grey areas by examining Rwandan legal texts, judicial precedents, and insights from other jurisdictions. The goal is to provide a clearer framework for understanding and applying the concept of duress in Rwandan contract law. [ABSTRACT FROM AUTHOR]

Sham transactions, in common law jurisdictions, and simulated transactions, in civilian jurisdictions, are transactions in which the parties use a documentary form that deliberately conceals a different internal substance. While this area of Scots law is yet to be developed, Scottish courts and legal scholars often refer to English law as a key point of reference, either citing English decisions as persuasive authorities or arguing that English developments should not be adopted in Scotland. This article submits that Scots law has a rich history that should not be neglected when discussing and developing this area of law in Scotland. Long before English courts had elaborated a doctrine of sham transactions, the Court of Session, the Institutional Writers and the Scottish Parliament developed a doctrine of simulation that has role to play in modern Scots law. This is not to imply that English law should be neglected altogether, nor that centuries-old Scots law is immediately applicable nowadays. Rather the argument is that Scotland has a rich doctrinal history to draw from. The article begins by reconstructing for the first time what the doctrine of simulation was in Scotland in the 17th and 18th centuries, showing that in the sources simulation was always a type of fraud. It then goes on to show that from a comparative perspective the doctrine of simulation admits both unlawful and lawful forms of simulation, and that Scotland knew doctrinal developments that were functional equivalents to lawful forms of simulation. It concludes by observing that the Scottish doctrine of simulation illuminates three fundamental questions that modern Scots law needs to address in developing this area of law. [ABSTRACT FROM AUTHOR]

For most of human history, dumping of waste was out of sight and out of mind. The London Convention and its 1996 Protocol forms part of a wider network of instruments under the 1982 United Nations Convention on the Law of the Sea that seek to protect and preserve the marine environment. This regime has come under pressure from new activities, as well as from developments in other areas of law. This paper provides some reflections on the key challenges facing the London Convention regime in terms of its jurisdictional reach and liability mechanisms. Whilst the regime responded to new forms of dumping, questions remain about how it can be used to respond to situations like the Fukushima incident and whether monitoring and reporting of dumping is effective. Perhaps more challenging is the lack of progress in developing an effective liability regime comparable to other harmful activities like oil pollution. [ABSTRACT FROM AUTHOR]

Ben‐Shakhar and Verschuere (2024) commented on Brennen and Magnussen's (2023) review of the literature on lie detection. They argued that the review's conclusion that such methods are not ready for forensic use is too pessimistic and that they already are in use worldwide. While we agree that many jurisdictions do in fact use such methods, we see this as cause for alarm rather than confirmation of their utility. It is documented that several lie detection methods distinguish to a statistically significant degree between deceitful and truthful statements, but they also have substantial error rates. This means that applying them at the level of the individual statement will frequently be misleading, making them unsuited to guiding police investigations. [ABSTRACT FROM AUTHOR]

Australia has been the site of major advances in the creation of public sector anticorruption commissions since 1989. However, commissions with broad jurisdiction have been limited to the six states until 2023. The federal jurisdiction lagged behind, with a series of scandals driving intensified debates from 2013. Performance issues associated with state agencies formed part of the debate. The present paper reviews this history, focusing on the intensification of research and lobbying efforts leading to the establishment of a National Anti-Corruption Commission in 2023. The paper also critiques the legislation behind the new agency, arguing it entails considerable limitations and that agency legitimacy and effectiveness will only be achieved through the inclusion of integrity issues of concern to citizens, a strong focus on prevention, and significant independence in investigations and adjudication. These lessons are of relevance to other jurisdictions facing the issue of effective institutional responses to public sector misconduct risks. [ABSTRACT FROM AUTHOR]