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202. If You Love Something, Set It Free A Case for Defunding Public Broadcasting
- Author:
- Trevor Burrus
- Publication Date:
- 05-2012
- Content Type:
- Working Paper
- Institution:
- The Cato Institute
- Abstract:
- Public broadcasting has been in critics' crosshairs since its creation in 1967. Assailed from all sides with allegations of bias, charges of political influence, and threats to defund their operations, public broadcasters have responded with everything from outright denial to personnel changes, but never have they squarely faced the fundamental problem: government-funded media companies are inherently problematic and impossible to reconcile with either the First Amendment or a government of constitutionally limited powers.
- Topic:
- Government, Communications, Mass Media, and Law
- Political Geography:
- United States
203. The New Global Health Agenda: Universal Health Coverage
- Author:
- Laurie Garrett, Yanzhong Huang, Oren Ahoobim, Daniel Altman, and Vicky Hausman
- Publication Date:
- 04-2012
- Content Type:
- Working Paper
- Institution:
- Council on Foreign Relations
- Abstract:
- It might seem hard to believe, but just as the world is recovering from the most serious financial shock since World War II, governments around the world are engaging in serious discussions about how to expand health coverage.
- Topic:
- Development, Emerging Markets, Health, Human Welfare, and Law
- Political Geography:
- South Africa
204. Indonesia: Defying the State
- Publication Date:
- 08-2012
- Content Type:
- Working Paper
- Institution:
- International Crisis Group
- Abstract:
- Local institutions in Indonesia, empowered by decentralisation, are defying the country's highest courts with impunity, undermining judicial authority and allowing local conflicts to fester. District councils, mayors and regional election commissions have learned that there is little cost to ignoring court rulings on electoral or religious disputes, pandering instead to local constituencies and pressure groups. Decisive leadership from the president could make a difference; instead, slow and ineffective responses from Jakarta brew more insubordination. If the regions become overconfident in their new powers and the central state continues to respond weakly, this lack of commitment to rule of law could encourage more conflict as the national political temperature rises ahead of the 2014 presidential election.
- Topic:
- Democratization, Development, Law Enforcement, and Law
- Political Geography:
- Southeast Asia
205. Pre-empting Technical Barriers in the Single Market
- Author:
- Jacques Pelkmans and Anabela Correia de Brito
- Publication Date:
- 07-2012
- Content Type:
- Policy Brief
- Institution:
- Centre for European Policy Studies
- Abstract:
- Effective enforcement and compliance with EU law is not just a legal necessity, it is also of economic interest since the potential of the Single Market will be fully exploited. Enforcement barriers generate unjustified costs and hindrances or uncertainty for cross-border business and might deprive consumers from receiving the full benefit of greater choice and/or cheaper offers.
- Topic:
- Economics, Markets, Monetary Policy, and Law
- Political Geography:
- Europe
206. EU Privacy Regulation: Implications for U.S. and EI Law Enforcement
- Author:
- Carlton Forbes and Jacob Victor
- Publication Date:
- 12-2012
- Content Type:
- Working Paper
- Institution:
- Center for Global Legal Challenges, Yale Law School
- Abstract:
- In January 2012, the European Commission released drafts of two new pieces of legislation that would provide more stringent and more uniform regulation to the processing of electronic data relating to EU citizens. The proposed General Data Protection Regulation would govern the processing of data for general purposes, while the proposed Criminal Justice Directive would govern data processed in the specific context of criminal investigations. The Data Protection Regulation has proven controversial because of the significant number of requirements it imposes on private data processors, including requirements that the processor notify a consumer when her data is shared with a third party, and requirements that processors respect a number of new individual rights, such as the right of a consumer to request that her data be deleted (a.k.a. “the right to be forgotten”). Furthermore, the Regulation would mandate that many non-EU corporations would need to comply with its requirements when processing the data of EU citizens, or face harsh penalties. This memo summarizes the existing EU data protection regime, analyzes the changes proposed by the new Data Protection Regulation and Criminal Justice Directive, and explores the implications of this new legislation for U.S. criminal and national security investigations. We arrive at three main conclusions
- Topic:
- Law Enforcement, Law, European Union, Regulation, and Legal Theory
- Political Geography:
- Europe, North America, and United States of America
207. Internationally Protected Persons: The Status of Consular Employees
- Author:
- Ryan Liss
- Publication Date:
- 01-2012
- Content Type:
- Working Paper
- Institution:
- Center for Global Legal Challenges, Yale Law School
- Abstract:
- This memorandum considers whether consular employees and their family members constitute “internationally protected persons” (IPPs) under 18 U.S.C. § 112. In addition, the memorandum briefly considers whether an assault against the child of a consular employee abroad meets the jurisdictional nexus requirements of 18 U.S.C. § 112, such that the assault could be prosecuted in U.S. courts. It concludes that existing U.S. and foreign law and state practice do not provide a definitive definition of IPPs that either clearly includes or excludes consular employees. Moreover, the status of a consular employee’s child is similarly unclear, as the status of consular employees’ family members depends on that of the employee. However, while a definitive answer is not provided, the travaux preparatoires of the relevant treaties and one U.S. decision at least suggest that consular employees are excluded from the definition of IPPs. Part I explains that the applicable U.S. statutory provisions do not provide an exhaustive definition of who constitutes an IPP. The statute relies instead on the definition of IPPs at international law. In addition, there are no U.S. cases directly on point, so the existing case law does not foreclose the possibility that a consular employee might qualify as an IPP. However, the court’s logic in one case, United States v. Marcano-Garcia,2 which relied on the assault victim’s status as honorary consul under the Vienna Convention on Consular Relations in determining his IPP status, suggests that a consular employee would not fall within the definition. The exclusion of consular employees from the definition of IPPs is also arguably supported by the international treaties that 18 U.S.C. § 112 was drafted to implement, as well as those treaties’ travaux préparatoires. Part II looks to foreign and international law. There are indications in statements made via United Nations reporting processes that some states regard themselves as obligated to protect consular employees. But these statements are vague and are not supported by a similar trend in foreign domestic legislation or foreign case law. Part III shows that even if a consular employee and his or her child qualify as IPPs, the jurisdictional nexus under 18 U.S.C. § 112 must be met. For American courts to exercise jurisdiction in this case, the provision requires that the accused either be a U.S. national or be present on U.S. territory. Having concluded that the law does not support a definitive conclusion regarding whether a consular employee qualifies as an IPP, Part IV concludes by discussing policy considerations both in favor of and against extending such protection to consular employees.
- Topic:
- Law, Legal Theory, Protected People, and Diplomatic Immunity
- Political Geography:
- United States of America and North America
208. Traveling toward the Rule of Law in the Middle East and North Africa: Avenues and Obstacles
- Author:
- Jason Gluck, Scott Worden, Colette Rausch, and Vivienne O'Connor
- Publication Date:
- 04-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Popular uprisings throughout the Middle East and North Africa are demanding justice, security, and accountability— defining features of the rule of law. Constitutional reform is a priority, but it must be done by legitimate representatives of the people, not hangovers from the past. Principles of inclusivity, transparency, and participation must be at the heart of the process.
- Topic:
- Democratization and Law
- Political Geography:
- Iraq, Middle East, Kosovo, Nepal, and North Africa
209. Analyzing Post-Conflict Justice and Islamic Law
- Author:
- Whitney Parker, Scott Worden, Shani Ross, and Sahar Azar
- Publication Date:
- 03-2011
- Content Type:
- Policy Brief
- Institution:
- United States Institute of Peace
- Abstract:
- Post-conflict justice mechanisms such as truth commissions, war crimes tribunals and reparations programs have emerged as a fundamental building block of durable peace settlements in Latin America, Africa and Asia. They are relatively rare, however, in Muslim countries recovering from conflict-despite the fact that social and criminal justice is a fundamental principle of Islamic law.
- Topic:
- Conflict Prevention, Crime, Islam, War, Law Enforcement, and Law
- Political Geography:
- Africa, Asia, Arabia, and Latin America
210. The EU's Experience with Security Sector Governance
- Author:
- Louis-Alexandre Berg
- Publication Date:
- 01-2011
- Content Type:
- Working Paper
- Institution:
- United States Institute of Peace
- Abstract:
- Civilian oversight ministries are essential to broader efforts to strengthen the performance and responsiveness of security and law enforcement forces. Ministries facilitate coordination among agencies, hold personnel accountable to law and policy, perform administrative functions, shield forces from political interference, and enable civilian oversight through the legislature, civil society, and other mechanisms. Failure to support these roles can undermine efforts to strengthen law enforcement and improve citizen safety in countries affected by conflict or instability. The European Union has extensive experience supporting oversight ministries, having prepared twenty-one ministries of interior to join the EU. The European Commission has assisted ministries in developing countries around the world, while the European Council has deployed civilian missions to crisis environments to establish security and the rule of law. Efforts to develop the laws, procedures, and organizational structures needed for effective oversight ministries face numerous challenges, from limited human capacity to political and organizational resistance, especially in countries transitioning from conflict or authoritarian rule.EU enlargement provided a unique incentive for countries to overcome obstacles to transforming their ministries and improving security sector governance. EU institutions helped translate this incentive into organizational changes by helping candidate countries define a clear structure and vision, deploying experienced experts from EU member states, and managing resistance through coordinated political engagement in support of clearly defined benchmarks. In crisis and stabilization countries, the EU has faced greater challenges. Without a strong external incentive, weak capacity and severe political tensions have undermined assistance efforts. The EU has been enhancing its capabilities for deploying skilled personnel to these environments and for leveraging member states' relationships with countries affected by conflict, to help them overcome political obstacles. Yet the EU has often struggled to achieve the coherence among member states and institutions necessary to support locally driven reforms. The United States can learn from the EU's successes and challenges by paying attention to the role of oversight ministries in the development of security and law enforcement forces overseas. To build its capacity to strengthen oversight ministries and other components of security sector governance, the United States should recruit personnel with broader sets of skills, improve coherence among agencies providing assistance, and deepen cooperation with the EU and other donor countries. Through collaboration in headquarters and in the field, the EU and the United States could complement each other's strengths and pursue common approaches to fostering institutional change in the security sector.
- Topic:
- Security, Regional Cooperation, and Law
- Political Geography:
- United States and Europe