The Many Masks of Anon: Anonymity as Cultural Practice and Reflections in Case Law

2013 ◽  
Author(s):  
Victoria Smith Ekstrand
Keyword(s):  
Case Law ◽  
Cultural Practice ◽  
The Many

The Constitutional Principle of Accountability: A Study of Contemporary South African Case Law

2018 ◽  
Vol 33 (1) ◽  
Author(s):  
Chuks Okpaluba
Keyword(s):  
Judicial Review ◽  
Police Officers ◽  
Public Procurement ◽  
Case Law ◽  
The State ◽  
Constitutional Principle ◽  
Starting Point ◽  
The Law ◽  
Constitutional Right ◽  
The Many

‘Accountability’ is one of the democratic values entrenched in the Constitution of South Africa, 1996. It is a value recognised throughout the Constitution and imposed upon the law-making organs of state, the Executive, the Judiciary and all public functionaries. This constitutional imperative is given pride of place among the other founding values: equality before the law, the rule of law and the supremacy of the Constitution. This study therefore sets out to investigate how the courts have grappled with the interpretation and application of the principle of accountability, the starting point being the relationship between accountability and judicial review. Therefore, in the exercise of its judicial review power, a court may enquire whether the failure of a public functionary to comply with a constitutional duty of accountability renders the decision made illegal, irrational or unreasonable. One of the many facets of the principle of accountability upon which this article dwells is to ascertain how the courts have deployed that expression in making the state and its agencies liable for the delictual wrongs committed against an individual in vindication of a breach of the individual’s constitutional right in the course of performing a public duty. Here, accountability and breach of public duty; the liability of the state for detaining illegal immigrants contrary to the prescripts of the law; the vicarious liability of the state for the criminal acts of the police and other law-enforcement officers (as in police rape cases and misuse of official firearms by police officers), and the liability of the state for delictual conduct in the context of public procurement are discussed. Having carefully analysed the available case law, this article concludes that no public functionary can brush aside the duty of accountability wherever it is imposed without being in breach of a vital constitutional mandate. Further, it is the constitutional duty of the courts, when called upon, to declare such act or conduct an infringement of the Constitution.

Trans Rights Are Not Just Human Rights: Legal Strategies for Trans Justice

2020 ◽  
Vol 35 (2) ◽  
pp. 293-315 ◽  
Author(s):  
Samuel Singer
Keyword(s):  
Human Rights ◽  
Case Law ◽  
Social Benefits ◽  
Human Rights Law ◽  
Trans People ◽  
Legal Challenges ◽  
Legal Advocacy ◽  
And Gender ◽  
Legal Strategies ◽  
The Many

AbstractHuman rights instruments are but one of many legal advocacy tools used by trans people. Recent legal scholarship emphasizes that human rights laws are not sufficient to address legal challenges facing trans people, particularly intersectional and systemic barriers. This article looks to Canadian trans case law outside of human rights law to reveal the many instances in which trans people’s fight for legal recognition and redress occur outside of the human rights arena. It focuses on trans case law in three areas: family law, the use of name and gender in court, and access to social benefits. Canadian trans jurisprudence illustrates that not only are trans legal strategies outside of human rights plentiful and effective, they are also imperative. An agile and pragmatic approach to trans rights is necessary, particularly when minority rights are under threat, and for trans people on the margins of trans law reforms.

The Crime of Genocide under International Law

2006 ◽  
Vol 6 (4) ◽  
pp. 461-502 ◽  
Author(s):  
Claus Kreß
Keyword(s):  
International Law ◽  
General Structure ◽  
Current Trend ◽  
Case Law ◽  
Biological Meaning ◽  
Protected Group ◽  
Widespread Belief ◽  
The Many ◽  
Definition Of ◽  
General Scope

AbstractThe article sets out the nature, the history and the general structure of the crime of genocide and provides a comprehensive analytical commentary of the elements of the crime. Against the current trend of the international case law to expand the boundaries of the definition at the risk of the crime's trivialization this article develops a strict construction even if the results may appear politically unattractive. The article starts from the premise that, for all practical purposes, the occurrence of a crime of genocide entails a collective destructive act. This collective act forms the objective point of reference of the required intent to destroy a protected group in whole or in part; the vain hope of an individual to contribute, by way of commission of one of the underlying offences, to the destruction of a group falls short of this concept of a realistic genocidal intent. The article rejects a purely subjective definition of the various categories of protected groups and cautions against the conversion of the crime of genocide into an unspecific crime of massive human rights violations based on discriminatory motive. At the same time, it is submitted that not every campaign of so-called "ethnical cleansing" is to be considered as the infliction on the group of conditions of life calculated to bring about its physical destruction in whole or in part. Regarding the mental elements of the crime it is held that, contrary to a widespread belief, it is the interpretation of the terms "destroy" and above all "part" (of a group) that determines the general scope of the crime to a much greater extent than the construction of the word "intent". The predominant narrow interpretation of the word "destroy" in its physical and biological meaning is supported while it is noted that the most recent ICTY case law reveals an inclination of re-introducing the concept of social group destruction through the backdoor of the words "in part". The extension of those words to comparatively small regional communities is probably the most conspicuous aspect of the general trend to over-expand the crime's definition. Conversely, the reference to the particularly heinous character of genocide is not good enough an argument to accept the many flaws of the prevailing purpose-based approach to the word "intent". The article suggests instead that the word "intent" means that the perpetrator commits the prohibited act with the knowledge to further thereby a campaign targeting members of a protected group with the realistic goal of destroying that group in whole or in part.

Some Aspects of the Regime of Islands in the Law of the Sea

2017 ◽  
Vol 32 (2) ◽  
pp. 316-331
Author(s):  
David Anderson
Keyword(s):  
South China Sea ◽  
International Law ◽  
South China ◽  
Case Law ◽  
The South China Sea ◽  
Law Of The Sea ◽  
Open Sea ◽  
Relevant Case ◽  
The Law ◽  
The Many

This paper examines the international law of the sea as it applies to islands and low-tide elevations, with particular reference to the many disputed islands, atolls, rocks and shoals in the South China Sea. After distinguishing the law on the acquisition of sovereignty from the law of the sea, the paper analyses the relevant terms of the un Convention on the Law of the Sea, as well as their negotiating history and some failed proposals concerning historic waters. The rules relating to islands, rocks, artificial islands, seamounts in the open sea and maritime boundaries are then reviewed in turn, together with the relevant case law.

scholarly journals FORCED TAX COLLECTION PROCEEDINGS IN BRAZIL: AN OVERVIEW OF FEDERAL LAW NO. 6,830

2018 ◽  
Vol 2 (2) ◽  
pp. 267-285
Author(s):  
Bruno Fernandes Dias
Keyword(s):  
Case Law ◽  
Federal Law ◽  
Tax Collection ◽  
The Third ◽  
National Courts ◽  
Court Of Justice ◽  
The Law ◽  
Debt Collection ◽  
The Many ◽  
Definition Of

In Brazil, despite there being specific legislation regulating forced tax collection proceedings, these are still largely influenced by case law of national courts. We are now living in the third decade of Federal Law No. 6,830, promulgated in 1980, which aimed to guarantee greater privileges to the treasury in the course of the debt collection saga. However, the many loopholes and lacunae gaping throughout the text have left all stakeholders – government, taxpayers and judges – somewhat exasperated. Part II of this Paper analyzes the main features of forced tax collection proceedings: registration of the tax liability, presumption of liquidity and certainty; definition of “responsible” persons in terms of the law; collateralization and challenges to the debt; and the tax liability vis-à-vis other debts. A brief look is given to other pieces of procedural legislation related to tax disputes, most importantly the suits for a writ of mandamus; actions for restoration of undue payments, and actions for annulment. Finally, summaries of case law of the Superior Court of Justice are considered. These form an essential part of Brazilian sources of case law, most especially in tax proceedings.

scholarly journals FORCED TAX COLLECTION PROCEEDINGS IN BRAZIL: AN OVERVIEW OF FEDERAL LAW NO. 6,830

2014 ◽  
Vol 2 (2) ◽  
pp. 267-285
Author(s):  
Bruno Fernandes Dias
Keyword(s):  
Case Law ◽  
Federal Law ◽  
Tax Collection ◽  
The Third ◽  
National Courts ◽  
Court Of Justice ◽  
The Law ◽  
Debt Collection ◽  
The Many ◽  
Definition Of

In Brazil, despite there being specific legislation regulating forced tax collection proceedings, these are still largely influenced by case law of national courts. We are now living in the third decade of Federal Law No. 6,830, promulgated in 1980, which aimed to guarantee greater privileges to the treasury in the course of the debt collection saga. However, the many loopholes and lacunae gaping throughout the text have left all stakeholders – government, taxpayers and judges – somewhat exasperated. Part II of this Paper analyzes the main features of forced tax collection proceedings: registration of the tax liability, presumption of liquidity and certainty; definition of “responsible” persons in terms of the law; collateralization and challenges to the debt; and the tax liability vis-à-vis other debts. A brief look is given to other pieces of procedural legislation related to tax disputes, most importantly the suits for a writ of mandamus; actions for restoration of undue payments, and actions for annulment. Finally, summaries of case law of the Superior Court of Justice are considered. These form an essential part of Brazilian sources of case law, most especially in tax proceedings.

II Constitutional Jurisprudence, 6 Regionalism

2016 ◽  
Author(s):  
Barsotti Vittoria ◽  
Carozza Paolo G ◽  
Cartabia Marta ◽  
Simoncini Andrea
Keyword(s):  
Case Law ◽  
National Government ◽  
Federal State ◽  
Local Autonomy ◽  
National Unity ◽  
The World ◽  
Constitutional System ◽  
The Many ◽  
Constitutional Jurisprudence

Italy has a unitary rather than a federal state, and thus the constitutional system has evolved toward an increasingly complex and dynamic set of interactions between the national government and the several regions of Italy. The Court’s case law dramatically reflects that shift where disputes regarding the allocation of authority between regional and national states account for a sharply increasing proportion of the Constitutional Court’s work. This chapter presents that body of jurisprudence and thereby offers helpful points of reference and comparison for the many other constitutional systems around the world grappling with the challenges of drawing a healthy balance between local autonomy and national unity.

China’s IP Regulation and Omniscient Intermediaries: Oscillating from Safe Harbour to Liability

2020 ◽  
pp. 276-294
Author(s):  
Danny Friedmann
Keyword(s):  
Service Providers ◽  
Technological Development ◽  
Self Regulation ◽  
Holistic Approach ◽  
Case Law ◽  
Republic Of China ◽  
Commerce Law ◽  
Intermediary Liability ◽  
The Many ◽  
The One

There are multiple forces that influence intermediary liability regulation in the People’s Republic of China (China). This chapter applies a holistic approach by analysing these individual forces to assess their influence on intermediary liability regulation in China. On the one hand, China’s draft E-Commerce Law raises the standard for knowledge before infringing information can be removed, while the many laws and regulations involved in censorship exclude the possibility of ignorance. On the other hand, there is case law, recently codified in guidelines for Beijing courts, which reinforces the duties of care. Moreover, this chapter connects discussions about the desirability of safe harbours and the degree of filtering requirements with the ongoing technological development of big data and artificial intelligence in China. In this context, the chapter also discusses self-regulation and pressure for online service providers to take on more responsibility in China.

Substantiating the Worthless Securities Deduction

2008 ◽  
Vol 6 (1) ◽  
pp. 1-10
Author(s):  
Andrew J. Judd
Keyword(s):  
Case Law ◽  
Internal Revenue Service ◽  
Economic Losses ◽  
Safe Harbor ◽  
Internal Revenue ◽  
For Profit ◽  
The Many

The Internal Revenue Code generally provides for the deductibility of economic losses incurred by taxpayers in for-profit transactions. § 165(g) specifically allows the deduction of losses associated with securities that become worthless. Unfortunately, neither Congress nor Treasury have articulated specific conditions necessary to demonstrate that a security satisfies the requisite “worthless” condition. This uncertainty has led to the courts having been placed in the role of arbiter in the many cases where taxpayers and the Internal Revenue Service differ in perceptions regarding whether a particular stock is worthless. This article examines statutory provisions, factors the courts have considered in deciding the worthless stock question, an analysis of case law, and proposes conditions that Treasury could consider in establishing safe harbor rules. Such rules could provide both taxpayers and the Internal Revenue Service with a means to reduce the continuing litigation of this question.

Agitprop Theatre

2018 ◽  
Author(s):  
Alan Filewod
Keyword(s):  
Graphic Design ◽  
Visual Art ◽  
Cultural Practice ◽  
Russian Revolution ◽  
Popular Front ◽  
Artistic Practice ◽  
Mobile Form ◽  
Artistic Production ◽  
Raising Awareness ◽  
The Many

Now widely used as a catchall term to describe politically combative or oppositional art, "agitprop" originated from the early Soviet conjunction of propaganda (raising awareness of an issue) and agitation (exciting an emotional response to the issue), as theorized by Lenin in What Is To Be Done (1902) and institutionalized in the many departments and commissions of Agitation and Propaganda in the USSR and the Comintern after the Russian Revolution. The portmanteau term conveys the terse telegraphic efficiencies of Bolshevik bureaucratic rhetoric. Considered both as a mode of artistic production and a set of formal characteristics, agitprop had an immense impact on modernist cultural practice, particularly in graphic design, visual art, and theater. In the theater, agitprop developed in Russia and Germany as a mobile form of exhortative revolutionary theater designed for quick outdoor performance. It was adaptive to location, audience, and cast, and suited the sightlines and acoustics of outdoor performance in found spaces. Short phrases, heavy cadence, and repetition allowed performance to project through noisy and unruly audiences. The form achieved widespread popularity in the brief period between the mid-1920s and the coalescence of the Popular Front in 1934, when artistic and political radicalisms aligned in a vision of an artistic practice mobilized by international proletarian modernity; in this, agitprop was theorized as the theatricalization of modernity.

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