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81. Communist Secret Police Unveil the Love of a Lifetime

Author:
Bob Baker
Publication Date:
01-2016
Content Type:
Journal Article
Journal:
American Diplomacy
Institution:
American Diplomacy
Abstract:
Supreme Court Justice Antonin Scalia came to address a national convention of Australian lawyers. I had requested a top constitutional lawyer and was delighted when Washington headquarters at the U.S. Information Agency in 1986 told me Justice Scalia would spend a week on the program I had suggested. He gave a brilliant exposition on the origins of the American Constitution at the big lawyers convention. His close interpretation of how the Constitution should be read in contemporary America was impressive. The several hundred lawyers loudly applauded his scholarly, but lively lecture.
Topic:
Diplomacy, Law, Supreme Court, and Memoir
Political Geography:
Australia, North America, and United States of America

82. Back to Basics: Re-affirming the Rule of Law in the Western Balkans

Author:
Bojan Elek, Milena Milosevic, and Stevo Muk
Publication Date:
12-2016
Content Type:
Policy Brief
Institution:
Belgrade Centre for Security Policy
Abstract:
Evidence shows that progress in democracy and rule of law reforms in the region, albeit different across countries, is slow. Even when it has been achieved, progress has generally been more technical rather than directly focusing on politically sensitive issues.
Topic:
Political Theory, Law, and Democracy
Political Geography:
Balkans

83. The Perfect Storm: The closing space for LGBT civil society in Kyrgyzstan, Indonesia, Kenya, and Hungary

Author:
Meg Davis
Publication Date:
04-2016
Content Type:
Special Report
Institution:
Global Philanthropy Project (GPP)
Abstract:
While the late 20th century saw a blossoming of civil society organizations, the beginning of the 21st century has been a period of upheaval. In response to both the threat of terrorism and to growing populist pressure for democracy, transparency, and government accountability, states have used new laws and tactics to restrict freedom of association and freedom of expression. Lesbian, gay, bisexual, and transgender (LGBT) organizations have always faced such barriers, ranging from criminalization of same-sex sexuality, to refusal of the right to register organizations or hold public events, to the shutdown of websites.1 In recent years, some countries have also ratified new laws that explicitly prohibit groups engaged in “LGBT propaganda.” In other countries, politicians have mobilized resurgent nationalism by publicly scapegoating LGBT groups as representing “foreign values.” These overlapping trends have created a “perfect storm” for LGBT civil society organizations caught in simultaneous waves of political pressure.
Topic:
Civil Society, Government, Law, Freedom of Expression, Discrimination, LGBT+, Marginalization, and Philanthropy
Political Geography:
Kenya, Indonesia, Kyrgyzstan, Hungary, and Global Focus

84. Egypt: Three Years after Tahrir Square

Author:
Andrew Thompson and Shreen Abou El-Naga
Publication Date:
05-2015
Content Type:
Video
Institution:
Centre for International Governance Innovation
Abstract:
In the final episode of Inside the Issues Season Four, Shreen Abou el-Naga joins host Andrew Thompson for a discussion on Egypt three years after Tahrir square. Has Egypt's revolution stalled? What role are the new intellectuals playing in shaping the country's future? Has the human rights situation, specifically for h, shifted? Tune in to access the full discussion and learn more about life in Egypt today.In the final episode of Inside the Issues Season Four, Shreen Abou el-Naga joins host Andrew Thompson for a discussion on Egypt three years after Tahrir square. Has Egypt's revolution stalled? What role are the new intellectuals playing in shaping the country's future? Has the human rights situation, specifically for women, shifted? Tune in to access the full discussion and learn more about life in Egypt today.
Topic:
Human Rights, Law, Political Activism, Popular Revolt, and Reform
Political Geography:
Arabia and Egypt

85. The Case for Intellectual Property Rights: Should Patents Be Strengthened, Weakened or Abolished Altogether?

Author:
Joël Blit
Publication Date:
11-2015
Content Type:
Policy Brief
Institution:
Centre for International Governance Innovation
Abstract:
This policy brief recommends that to diminish the potential for holdup, uncertainty around patent rights should be reduced. Patents should be easily searchable and more easily understood by non-legal experts. In addition, patents should be narrower and more clearly demarcated. To the extent that the welfare costs of patents appear to outweigh their benefits, the requirements for obtaining a patent should be tightened. Further, patents should be made less broad and, concomitant with the reduction in the length of the product cycle, the length of patents should also be reduced.
Topic:
Economics, Intellectual Property/Copyright, Governance, and Law
Political Geography:
North America

86. North Korea and the Sony Hack: Exporting Instability Through Cyberspace

Author:
Stephen Haggard and Jon R. Lindsay
Publication Date:
05-2015
Content Type:
Policy Brief
Institution:
East-West Center
Abstract:
The North Korean cyber attack against Sony Pictures Entertainment in connection with the planned release of The Interview raised important questions about the feasibility of deterrence in cyberspace, the protection of First Amendment values, and the responsibility of the US government to safeguard private networks. It also resulted in the unprecedented attribution of responsibility for a cyber attack to a nation state by a US president, despite public controversy over the evidence. North Korea has long engaged in provocative behavior on the Korean peninsula, recently including cyber attacks, but the probability of general war with South Korea remains quite low. Strategists describe this problem as the stability-instability paradox. North Korean coercion targeting a corporation on US soil in effect extends this dynamic into global cyberspace. It is impossible to deter all forms of cyber harassment, but policymakers can manipulate the threshold of ambiguity that makes limited aggression more or less attractive.
Topic:
Science and Technology, Law, and Cybersecurity
Political Geography:
North Korea

87. Reforming the Liability Regime for Air Pollution in India

Author:
Shibani Ghosh
Publication Date:
12-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
The recent uproar about the toxic levels of pollution in the country’s national capital region has once again brought to fore the failure of the regulatory and legal mechanisms in India to control air pollution. Despite an early legislative acknowledgment of the issues relating to air pollution, and regulatory mechanisms set up consequently, India has not been able to restrict the sharp upward trajectory of air pollution. While several issues with regard to the legal and regulatory regime governing air quality in the country deserve serious and urgent consideration, this paper focuses on one issue in particular – the liability regime for violation of air quality standards. The paper is divided into three parts. The first part discusses the relevant provisions of the law pertaining to liability - civil and criminal - for causing air pollution. The second part identifies three critical issues that have emerged in the current liability regime: (1) the Pollution Control Boards do not have the power to levy penalties; (2) criminal prosecution is not an effective solution; and (3) the National Green Tribunal Act does not provide complete relief. The third and final part of the essay proposes a way forward. It is suggested that the Pollution Control Boards need to be granted additional enforcement powers, and administrative fines for violations should be introduced, albeit with certain conditions.
Topic:
Environment, Health, Governance, Law Enforcement, Law, Reform, and Pollution
Political Geography:
South Asia, India, and Asia

88. The Inscription of Technology in Life

Author:
Rajshree Chandra
Publication Date:
05-2015
Content Type:
Working Paper
Institution:
Centre for Policy Research, India
Abstract:
With innovation in the genetic engineering now being rewarded in the form of intellectual property rights, there are new things that are beginning to count as property and as objects of human invention – plant varieties, seeds, germplasm, genetic sequences, DNA and so on. To bring the realm of “biology” within the ambit of intellectual property, to juridify aspects of the biological as products of human invention is to bring new epistemic objects into visibility. While these are revealed through practices of biotechnology, law translates it into a capacity for monopolistic appropriation for biotech innovators. The new correlatives of innovation and intellectual property re-engineer not just the biology of an organism, but the very categories that organized property and intellectual property. What instrumentalities of technology and law co-produce biotic property? I examine these instrumentalities in a two paper series: while the first paper seeks to lay out the work of technology in the creation of new biological artefacts, and consequently new economic spaces and property claims, the second paper would seek to examine the role of law in translating inventive claims as property claims.
Topic:
Science and Technology, Intellectual Property/Copyright, and Law
Political Geography:
South Asia, India, and Global Focus

89. An Excerpt from the Upcoming Book - Borderless Wars: Civil-Military Disorder and Legal Uncertainty

Author:
Antonia Chayes
Publication Date:
07-2015
Content Type:
Journal Article
Journal:
Fletcher Security Review
Institution:
The Fletcher School, Tufts University
Abstract:
Drones. Global data networks. The rise, and eventual primacy, of non-international armed conflict. All things the framers of the Geneva Conventions could have never fully conceived when doing their noble work in 1949; all things that rule warfare in the world today. So, how do we legally employ these new tools in these new circumstances? In her latest book, Antonia Chayes, former Under Secretary of the Air Force, explores the current legal underpinnings of counterinsurgency, counterterrorism, and cyber warfare, rooting out the ambiguities present within each realm, and telling the narrative of how these ambiguities have come to shape international security today. The grounded and creative solutions that she offers in terms of role definition and transparency will provide crucial guidance as the United States continues to navigate the murky modern military-legal landscape. This excerpt is a chapter from Borderless Wars: Civil-Military Disorder and Legal Uncertainty forthcoming in 2016 from Cambridge University Press.
Topic:
International Law, Counterinsurgency, Law, Military Affairs, Counter-terrorism, Drones, Conflict, Borders, and Law of Armed Conflict
Political Geography:
Afghanistan, Iraq, Global Focus, and United States of America

90. A Storm over This Court: Law, Politics, and Supreme Court Decision Making in Brown v. Board of Education, Jeffrey D. Hockett

Author:
Sabrina Zirkel
Publication Date:
01-2015
Content Type:
Journal Article
Journal:
Political Science Quarterly
Institution:
Academy of Political Science
Abstract:
At this 60th Anniversary of Brown v. Board of Education, Jeffrey D. Hockett offers us a new interpretation of the dilemmas, debates, and deliberations that members of the Court engaged in on their way to this decision. Hockett challenges conceptualizations of the decision in Brown as emerging purely from any one set of motives and that it can be analyzed through only one theoretical or methodological lens. Instead, he argues through painstaking review of the discussions between the justices about the case and early drafts of opinions that different justices were swayed by different arguments, took into account different considerations, and made different compromises. In short: There was no “one” road to Brown v. Board—there were potentially as many paths as there were justices. - See more at: http://www.psqonline.org/article.cfm?IDArticle=19333#sthash.mXg1UKS3.dpuf
Topic:
International Relations, Education, Politics, and Law
Political Geography:
America