scholarly journals Die Verwaltungshaftung zwischen Bund und Ländern bei der Ausführung der Bundesgesetze

2021 ◽  
Author(s):  
Angelika Milger
Keyword(s):  
State Level ◽  
The State ◽  
The Other ◽  
Third Party ◽  
Legal Basis ◽  
Federal Law ◽  
Federal Level ◽  
Legal Problems ◽  
German Constitution ◽  
Damage Claims

This thesis analyzes liability between the federal and the state in the execution of federal law in Germany. Under the German constitution the federal and the state level share the task of executing federal law. In doing so they may cause damages to each other. This may occur in the inccorrect administration of funds or taxes of the respective other federal level. Another example are third party damage claims for which the other federal level is liable vis-à-vis third parties. Suchs claim may easily reach high sums. The crucial legal basis for damage claims ist Art. 104a Sec. 5 Sentence 1 Part 2 GG. According to this provision the federal level and the state level shall be liable to one another for ensuring proper administration. This raises numerous legal problems that have not been solved yet.

The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

Institutions Respond to Changing Federal and State Environments

2020 ◽  
pp. 67-90
Author(s):  
Nancy Kleniewski
Keyword(s):  
Higher Education ◽  
Financial Aid ◽  
Research Funding ◽  
Government Regulation ◽  
State Level ◽  
The State ◽  
Institutions Of Higher Education ◽  
Federal Level ◽  
The Past ◽  
Regulation Changes

Institutions of higher education must respond to the changing landscape of federal and state expectations. This chapter explores how that landscape has changed over the past two decades and how some institutions are responding. At the federal level, changes have affected financial aid, research funding, and government regulation. Changes at the state level include significant reductions in state support and increases in tuition. These changes are occurring as higher education becomes more of a marketplace than a public service. The chapter offers some strategies for institutions hoping to garner increased support, particularly at the state level.

Filling a Federal Void

2020 ◽  
Vol 48 (3) ◽  
pp. 485-490 ◽  
Author(s):  
Valarie K. Blake ◽  
Michelle L. McGowan
Keyword(s):  
Best Practices ◽  
Women’S Health ◽  
Women's Health ◽  
Health Reform ◽  
Reproductive Rights ◽  
State Level ◽  
Federal Law ◽  
Federal Level ◽  
Minimum Standards ◽  
Rights Issues

Federal law often avoids setting minimum standards for women’s health and reproductive rights issues, leaving legislative and regulatory gaps for the states to fill as they see fit. This has mixed results. It can lead to state innovation that improves state-level health outcomes, informs federal health reform, and provides data on best practices for other states. On the other hand, some states may use the absence of a federal floor to impose draconian policies that pose risks to women’s and maternal health. Health reforms at the federal level must trod carefully to enable state innovation, while imposing foundational safeguards for promoting women’s health nationwide.

The Application of Presumptions to the Derivative forms of an Offence

1968 ◽  
Vol 3 (4) ◽  
pp. 562-578 ◽  
Author(s):  
S. Z. Feller
Keyword(s):  
Supreme Court ◽  
The State ◽  
Third Party ◽  
Legal Problems ◽  
The Supreme Court ◽  
State Of Israel

Both the facts of The State of Israel v. Siman Tov, and the solution adopted in that case by the Supreme Court, raise, it is felt, a number of legal problems which warrant particular attention.The respondent, Siman Tov, owner of a grocer's shop, sold goods worth IL. 6,000 on credit to someone called Pressman. When Siman Tov requested payment from Pressman, the latter offered him U.S. $4,000 which Siman Tov was to deposit with a third party of his own choice in return for a loan of IL. 12,000, on the understanding that Siman Tov would deduct the money owing to him from this last sum and hand over the balance of IL. 6,000 to Pressman. Siman Tov accepted the offer and received from Pressman a package containing 4,000 ostensibly genuine dollar banknotes. He then approached a neighbour, Binat, who agreed to accept the dollars as security for a loan of the equivalent sum in Israeli pounds. On examining the package and finding that the dollars were counterfeit, Binat returned them to Siman Tov and refused to go on with the transaction. Siman Tov for his part had believed the notes to be genuine until Binat's disclosure.

scholarly journals Corruption Counteraction in the Mechanism of Federal Public Administration: Federal and Inter-Regional Levels

2019 ◽  
Vol 13 (3) ◽  
pp. 426-437
Author(s):  
Konstantin Ishekov ◽  
Konstantin Cherkasov ◽  
Yulia Malevanova
Keyword(s):  
Public Administration ◽  
The State ◽  
National Strategy ◽  
Legal Basis ◽  
Federal Law ◽  
Public Authorities ◽  
Normative Documents ◽  
The Public ◽  
Russian State ◽  
Package Principle

Current anti-corruption legislation is characterized by a lack of concentration and unity of legislative acts that regulate the work of public authorities and administration at the federal and inter-regional levels. The Federal Law «On Counteracting Corruption» has a framework nature and does not meet all the challenges of preventing and counteracting corruption that the Russian state now faces. Thus, the relevance of this study is obvious. The goal of the authors is to determine the key trends and means of systematizing legislation that regulates the anti-corruption activities of the state. Having analyzed a vast massive of normative legal acts on counteracting corruption at the federal and inter-regional levels as well as international experience, the authors conclude that it is necessary to amend the Federal Law «On Counteracting Corruption» by, among other things, systematizing the norms that regulate the corresponding sphere of state activities. The authors express their confidence that the effectiveness of legislation on counteracting corruption could considerably improve with the «package» principle of streamlining legislation and the introduction of a basic normative legal act — the Law on Counteracting Corruption, then changing the acts that are not in line with it and developing other normative documents to specify it. The use of a systemic approach to counteracting corruption also requires the revision and improvement of some clauses of the National Strategy of Counteracting Corruption which should incorporate the analysis of the situation with the anti-corruption policy of the state, the assessment of the effectiveness of the existing system, monitoring and audit, as well as the instruments of the anti-corruption policy. The paper also presents the authors’ position on the development and upgrading of the legal basis of organizing the public authorities and administrations at the central and inter-regional levels that regulates the specification and optimization of determining and delimiting jurisdictions in the sphere of counteracting corruption. The authors conclude that at present it is not advisable to organize a separate special corruption counteraction body in Russia because the conditions necessary for its establishment are lacking.

Perceptual basemaps reloaded: The role basemaps play in eliciting perceptions

2018 ◽  
Vol 6 (2) ◽  
pp. 145-166
Author(s):  
Paulina Bounds ◽  
Charles J. Sutherland
Keyword(s):  
United States ◽  
National Level ◽  
State Level ◽  
The United States ◽  
The State ◽  
The Other ◽  
Striking Difference ◽  
Perceptual Dialectology ◽  
Other Hand ◽  
Perceptual Maps

This article describes the influence of various basemaps in Perceptual Dialectology, on the national and state levels. The 180 perceptual maps of the United States and Tennessee were divided into six types of basemaps; tabulated results show that basemaps play a different role on the national and state level. On the national level, basemaps that have features reminiscent of boundaries (state lines or interstates) bias the respondents’ answers. On the state level, on the other hand, the map features do not seem to influence the results in any discernible way: at times the informants seemingly go against the details present on the basemap. This striking difference indicates that, though the respondents rely on basemap details at the national level, where they may not have enough experience with the whole country, they don’t pay much attention to the state-level basemap details as they follow their own more detailed ideas about perceptions.

Court strategies in the appropriations process: the Oklahoma case

2002 ◽  
Vol 14 (1) ◽  
pp. 117-136 ◽  
Author(s):  
James W. Douglas
Keyword(s):  
State Level ◽  
The State ◽  
The Other ◽  
State Courts

Little is known about the strategies used by state courts during the appropriations process. This article examines court budgetary practices in the state of Oklahoma. It reveals how court funding works in Oklahoma, what strategies are used by the state courts, and which factors are most important in determining the success of the courts in getting the funds they need. It shows that the judiciary is not necessarily at the mercy of the other branches of government when seeking resources. The findings provide the first glimpse at court budgeting strategies and determinants of these strategies’ success at the state level.

scholarly journals Career Ambitions and Legislative Participation: The Moderating Effect of Electoral Institutions

2017 ◽  
Vol 49 (2) ◽  
pp. 491-512 ◽  
Author(s):  
Bjørn Høyland ◽  
Sara B. Hobolt ◽  
Simon Hix
Keyword(s):  
State Level ◽  
Moderating Effect ◽  
The State ◽  
Electoral Institutions ◽  
National State ◽  
Federal Level ◽  
Multilevel Systems ◽  
Legislative Activity ◽  
Legislative Activities ◽  
Unique Dataset

What motivates politicians to engage in legislative activities? In multilevel systems politicians may be incentivized by ambitions to advance their careers either at the state or federal level. This article argues that the design of the electoral institutions influences how politicians respond to these incentives. Analyzing a unique dataset of both ‘stated’ and ‘realized’ career ambitions of Members of the European Parliament (MEPs), it finds that those who seek to move from the European to the national (state) level participate less in legislative activities than those who plan to stay at the European (federal) level. For MEPs who aim to move to the state level, attendance and participation in legislative activities is substantively lower among legislators from candidate-centered systems. Importantly, the effect of career ambitions on legislative participation is stronger in candidate-centered systems than in party-centered systems. These findings suggest that the responsiveness associated with candidate-centered systems comes at the expense of legislative activity.

scholarly journals The Role of the Prosecutor in Executing the Payment of Replacement Money

2020 ◽  
Vol 9 (3) ◽  
pp. 521
Author(s):  
I Gede Artha ◽  
Ni Nengah Adiyaryani
Keyword(s):  
The State ◽  
Third Party ◽  
Legal Basis ◽  
Legal Research ◽  
Judicial Process ◽  
The Third ◽  
Criminal Charge ◽  
Procedural Code ◽  
Financial Losses

This research is about the role of the Prosecutor as an executor in executing the assets of the convicts of corruption, to recover the State financial losses from corruption. Besides that, this research aims to know about the returning of State financial losses through the payment of replacement money. Corruption is an extraordinary crime, veiled and endanger national stability and security and inhibiting Indonesian economic development. This research is a normative legal research with primary, secondary and tertiary legal material supported by data. This research is using statutory, case, and comparative approaches. The legal basis used in this research are Law No. 31 of 1999 in conjunction with Law No. 20 of 2001, Law No. 16 of 2004 and Law No. 8 of 1981 (Indonesian Criminal Procedural Code). The corruption has become systematic and the scope enters into all aspect of life, start with the lower level with State Officers and law enforcers becomes the dominant actors. In imposing the sanction, The Judges are not only charge imprisonment but also charge additional fines and/or penalties to returning the State financial losses and ask the convicts of corruption to pay the replacement money to the State. The problem arises in this research related to the execution of the verdict about returning State financial losses which are the assets of the convicted person is already in the third party hands or have been depleted, dual population administration, the length of the judicial process, the convicted person prefers to take the subsidiary criminal charge and the hollow of norm regarding technical execution for the Prosecutors so that the execution cannot be carried out.

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