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Begin New Search Topic Legal Sector Publication Year within 5 Years

11. Technical Election Assessment Mission in Serbia

Author:
Alexandra Brown, Andrew Rogan, Ashley Law, Cirilo Marinkovic, Fernanda Buril, Gina Chirillo, Jovana Strahinic, Nermin Nisic, Magnus Ohman, Rebecca Aaberg, Staffan Darnolf, and Steven Canham
Publication Date:
04-2021
Content Type:
Commentary and Analysis
Institution:
International Foundation for Electoral Systems (IFES)
Abstract:
Based on international standards and good practices adopted worldwide, the International Foundation for Electoral Systems (IFES) applies its Technical Election Assessment Mission (TEAM) methodology to assess electoral environments. Using the TEAM model in Serbia, IFES assessed core areas of the electoral process — analyzing both the legal and regulatory framework and implementation practices — to provide technical support and recommendations for stakeholders and interested parties to strengthen electoral transparency and integrity. The report’s analysis and recommendations are designed to be addressed through the election reform process and relevant institutions, but also with tailored interventions facilitated by IFES, such as training, capacity building, civic awareness-raising and advocacy.
Topic:
Elections, Election watch, Voting, and Legal Sector
Political Geography:
Europe and Serbia

12. Gender Differences in Professional Career Dynamics: New Evidence from a Global Law Firm

Author:
Ina Ganguli, Ricardo Hausmann, and Martina Viarengo
Publication Date:
04-2020
Content Type:
Working Paper
Institution:
The John F. Kennedy School of Government at Harvard University
Abstract:
We examine gender gaps in career dynamics in the legal sector using rich panel data from one of the largest global law firms in the world. The law firm studied is representative of multinational law firms and operates in 23 countries. The sample includes countries at different stages of development. We document the cross-country variation in gender gaps and how these gaps have changed over time. We show that while there is gender parity at the entry level in most countries by the end of the period examined, there are persistent raw gender gaps at the top of the organization across all countries. We observe significant heterogeneity among countries in terms of gender gaps in promotions and wages, but the gaps that exist appear to be declining over the period studied. We also observe that women are more likely to report exiting the firm for family and work-life balance reasons, while men report leaving for career advancement. Finally, we show that various measures of national institutions and culture appear to play a role in the differential labor-market outcomes of men and women.
Topic:
Gender Issues, Labor Issues, Women, Employment, Inequality, Human Capital, and Legal Sector
Political Geography:
Global Focus

13. The Right To A Nationality: No Time To Be Complacent

Author:
Erika Feller
Publication Date:
06-2020
Content Type:
Research Paper
Institution:
Brown Journal of World Affairs
Abstract:
The right to a nationality is often taken for granted. Over the course of decades, UN member states have enshrined this right through fundamental instruments, notably the UN Covenant on Civil and Political Rights. Yet conservative estimates hold that approximately 10 million people spread across every continent are denied a nationality.1 Some, but not all, are refugees. Collectively, these individuals are stateless—they lack any claim to a nationality recognized or assumed by any state. For many years, statelessness was a forgotten issue, relegated to the realm of state sovereignty prerogatives. Recently, states and the UN have begun to focus on the pressing nature of the problem. They have made progress in addressing statelessness as a global, collectively shared challenge. However, the UN target of eradicating statelessness by 2024, while a fine aspiration, continues to face significant hurdles. These obstacles include a serious dearth of informa- tion about the problem’s scope, discriminatory national legislation and policies that obstruct UN efforts, an ambiguous international legal framework, and the absence of solutions that are accessible to stateless individuals.
Topic:
Nationalism, Sovereignty, United Nations, Refugee Issues, Law, Citizenship, Nation-State, Legal Sector, and Stateless Population
Political Geography:
Global Focus

14. The web of legal pluralism and traditional authorities in Mozambique

Author:
Jorge João Muchacona
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Brazilian Journal of African Studies
Institution:
Brazilian Journal of African Studies
Abstract:
Legal pluralism is seen as a theory that supports the coexistence of several legal systems within the same society. This is due to the existence of efficient legal systems, simultaneously in the same environment and spacetime. This coexistence of several legal systems in the same space and time has gained historical relevance due to several factors, such as the rupture of the Roman Empire, which resulted in the forced cultural exchange resulting from the barbarian invasions. Colonization also caused a situation in which several rules and customs of different peoples had to coexist, namely between colonized and colonizers. With decolonization, legal systems were created based on the rules of the colonizers, but with specificities and differences of their own. Globalization has also influenced the diversification of legal pluralisms, weakening the role of the state as the sole holder and creator of legal systems.
Topic:
Globalization, Law, Legal Theory, Colonialism, Authority, Pluralism, and Legal Sector
Political Geography:
Africa and Mozambique

15. Armenia and Azerbaijan: Between Failed Peace and War

Author:
Farid Shafiyev
Publication Date:
12-2020
Content Type:
Journal Article
Journal:
Caucasus Strategic Perspectives
Institution:
Center of Analysis of International Relations (AIR Center)
Abstract:
The current issue of the Caucasus Strategic Perspectives (CSP) journal entitled “Armenia and Azerbaijan: Between Failed Peace and War” is dedicated to the latest 44-days war between Armenia and Azerbaijan in the NagornoKarabakh conflict zone with focus on different aspects of the conflict and the war. The CSP’s new issue includes 6 articles, 7 commentaries and 2 book reviews. In the framework of Armenia-Azerbaijan confrontation, the CSP’s current authors analysed the role of ideology, western media coverage, economic issues, illegal activities, multilateral diplomacy, international reaction, as well as humanitarian and geopolitical issues.
Topic:
Diplomacy, Economics, War, Geopolitics, Media, Multilateralism, Ideology, Humanitarian Crisis, Armed Conflict, and Legal Sector
Political Geography:
Armenia and Azerbaijan

16. The first and last word in debates: Plaintive plaintiffs

Author:
Elena D'Agostino and Daniel J. Seidmann
Publication Date:
02-2020
Content Type:
Working Paper
Institution:
Nottingham Interdisciplinary Centre for Economic and Political Research (NICEP)
Abstract:
Is it better to have the first or the last word in two-round debates like common law trials? If litigants always share available witnesses then they never prefer to present first (to lead), and may prefer to follow; and they never prefer to choose the order after observing the available witnesses than to always follow. Litigants can prefer to lead if they have different available witnesses because the outcomes when some litigant leads coincide with the outcomes in an alternative game where that litigant follows, but commits to its reaction function before observing its available witnesses. Leading is therefore a commitment device.
Topic:
Law, Criminal Justice, and Legal Sector
Political Geography:
Global Focus

17. Together or Alone? The need for increased Albanian-Dutch cooperation to fight transnational organised crime

Publication Date:
08-2020
Content Type:
Policy Brief
Institution:
Institute for Democracy and Mediation (IDM)
Abstract:
In recent years the Netherlands has voiced security-related concerns about the involvement of Albanian nationals in organised crime in the Netherlands. These concerns culminated in a request to the European Commission to suspend visa-free travel for Albanians to the EU. This policy brief argues that the current Dutch approach does not provide the best means to address issues of organised crime, such as drug trafficking, related to Albanian nationals. It identifies several inadequacies in the crime data used to substantiate the Dutch position and the way Dutch authorities publicly communicate them. It posits that greater bilateral cooperation beyond the EU accession framework could improve efforts to fight transnational organised crime effectively. The opening of EU accession negotiations with Albania may offer a window of opportunity to formulate a constructive agenda of cooperation beyond the formal EU enlargement framework.
Topic:
Crime, International Cooperation, Regional Cooperation, Law Enforcement, Organized Crime, and Legal Sector
Political Geography:
Europe, Albania, and Netherlands

18. Legal Conservatism and the Progressive Blame Game

Author:
Jesse Merriam
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
In a recent essay in The Independent Review, I praised Bruce Frohnen and George Carey’s Constitutional Morality as “one of the best, if not the best, constitutional law books of the last decade.” As I explained in that review essay, Constitutional Morality is distinct from many other excellent pieces of constitutional law scholarship in both its ideological breadth and analytical depth. By “ideological breadth,” I am referring to how, as compared to other works in constitutional law and theory, Constitutional Morality resists partisan tropes and examines how both conservatives and liberals alike have derogated their constitutional duties. The book thereby exposes the deficiencies of the bipartisan consensus supporting our constitutional order. Constitutional Morality’s publication in 2016 is thus particularly apt, as the presidential election that year represents a reconsideration of the commitments and coalitions underlying our national political parties and institutions
Topic:
Legal Theory, Conservatism, Ideology, Progressivism, Legal Sector, and Partisanship
Political Geography:
North America and United States of America

19. Reflections on Judicial Duty

Author:
Patricia M. Lines
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
In this timely study Bruce Frohnen and George Carey uncover serious lapses in the operation of our federal government—lapses which constitute a depressing failure to be true to the Constitution. The authors charge all three branches of the federal government with neglect of their constitutional duties and, all too often, exceeding their constitutional authority. Congress has delegated law-making responsibilities to administrative agencies and has not exercised oversight of the agencies it has created. Presidents have usurped lawmaking functions through executive orders, and the Supreme Court has failed to check the reach of the legislative and executive branches. I applaud the authors’ efforts to call attention to these serious problems. While I agree with the Frohnen and Carey concerning the Court’s failure to check the excesses of the executive and legislative branches, especially during the New Deal, I respectfully disagree that the Supreme Court has exceeded its judicial power. To make their case, our authors focus on just one highly controversial and unpopular case, Roe v. Wade. I will argue that the Court in this matter has remained within its constitutional boundaries, following common law and its own self-imposed rules.
Topic:
Governance, Legal Theory, Judiciary, Legal Sector, and Abortion
Political Geography:
North America and United States of America

20. A Response to Critics

Author:
Bruce P. Frohnen
Publication Date:
07-2020
Content Type:
Journal Article
Journal:
Humanitas
Institution:
The Center for the Study of Statesmanship, Catholic University
Abstract:
My thanks to the participants in this symposium. I know that my co-author, George Carey, would be as gratified as I am at the serious consideration given, here, to Constitutional Morality and the Rise of Quasi-Law. At first I was puzzled by William Gangi’s summation of our book as one that addresses the adage that “a constitution originating in one country may not be transplanted to another country and be expected to work in the same manner as it had in the country of origin.” The book includes some comparative analysis of constitutions to show their reliance on the underlying culture for their success and the importance of the fit between tradition and text. Still, it focuses on the American Constitution, not on the application of any country’s constitution to other countries. Then again, as Gangi notes, in a more fundamental sense our book is about the interaction between the written constitution of the United States and the unwritten constitution of institutions, beliefs, and practices that shaped the American people, the American culture, and the constitutional morality that until fairly recently held officials to their public duties. This is a particular instance of the universal problem of “fit” between constitution and culture.
Topic:
Governance, Constitution, Legal Theory, and Legal Sector
Political Geography:
North America and United States of America