Law & Society: Legislation eJournal最新文献

{"title":"Electoral Accountability, Leader Preferences, and Conflict: The Role of Term Limits and Military Service","authors":"Jeff Carter, Timothy Nordstrom","doi":"10.2139/ssrn.2544522","DOIUrl":"https://doi.org/10.2139/ssrn.2544522","url":null,"abstract":"Electoral accountability underlies many theories linking democratic institutions to interstate conflict and generally is thought to be a source for peace. Drawing on this idea, recent work suggests term limits result in democratic leaders who are systematically more likely to initiate conflicts. We argue the relationship between term limits and interstate conflict is likely more nuanced and conditional on a leader's underlying preferences over the use of force. We derive a set of expectations concerning how term limits and leaders' prior military service could affect patterns of conflict initiation. Using a new, leader-year measure of term limits, we find consistent evidence that lame duck leaders with a civilian background are less likely to initiate conflicts than when they are electorally accountable and term limits have no effect on the behavior of democratic leaders who previously served in the military.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"405 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-12-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121872543","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"History-Bound Reelections","authors":"H. Gersbach","doi":"10.2139/ssrn.2695700","DOIUrl":"https://doi.org/10.2139/ssrn.2695700","url":null,"abstract":"We introduce history-bound reelections. In their simple form, they consist in a “ score-replication rule.” Under such a rule, an incumbent has to match the highest vote share he or she has obtained in any previous election in order to be reelected. We develop a simple three-period model to examine score-replication rules. We show that suitable variants of such rules can improve welfare, as they reduce the tendency of reelected incumbents to indulge in their own preferences, and they ensure that able officeholders are reelected. Candidates might offer their own score-replication rule in campaigns. We outline how political competition may be affected by such new forms of elections. (JEL D72, D83)","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"19 30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123576720","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The New Elections Clause","authors":"Michael T. Morley","doi":"10.2139/SSRN.2636007","DOIUrl":"https://doi.org/10.2139/SSRN.2636007","url":null,"abstract":"The Supreme Court's recent ruling in Arizona State Legislature v. Arizona Independent Redistricting Commission (\"AIRC\") lays to rest several pressing disputes concerning the Elections Clause of the U.S. Constitution, but other important controversies remain. This short essay offers a critical examination of the \"new\" Elections Clause, as it remains in the wake of this momentous ruling. The essay contends that the Court's ruling is best viewed as either a legal process or representation-reinforcing interpretation of the Clause. From either perspective, the Court's methodology can have important consequences for how it interprets the Constitution's other election-related provisions. This essay then explores several issues, apart from the validity of independent redistricting commissions, that AIRC resolves, including the permissibility of delegations under the Elections Clause, the Court's repudiation of the independent state legislature doctrine, and the likely permissibility of changing the process through which a state awards its electoral votes through a public initiative. The essay concludes by identifying major remaining controversies under the Clause, most notably whether it imposes a constitutionally mandated \"plain meaning\" canon of construction for state election laws.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"15 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127523598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"SEC Revanchism and the Expansion of Primary Liability Under Section 17(a) and Rule 10b-5","authors":"Andrew N. Vollmer","doi":"10.2139/SSRN.2626613","DOIUrl":"https://doi.org/10.2139/SSRN.2626613","url":null,"abstract":"An important issue in many enforcement cases brought by the Securities and Exchange Commission is the scope of primary liability under the two main anti-fraud provisions, Section 17(a) of the Securities Act and Rule 10b-5 of the Exchange Act. In Flannery, which was an administrative enforcement case, a bare majority of SEC Commissioners adopted broad positions on primary liability under Rule 10b-5(a) and (c) and Section 17(a)(1), (2), and (3). The Commission not only advanced expansive legal conclusions, but it also insisted that the courts accept the agency’s legal interpretations as controlling.This article discusses two issues that Flannery raises, both of them related to the role of administrative agencies in the development, enforcement, and adjudication of federal law. First, the article compares the Commission’s interpretations of the parts of Section 17(a) and Rule 10b-5 with the reasoning and analysis of a series of prominent Supreme Court decisions that imposed meaningful boundaries around aspects of primary liability under Rule 10b-5. That comparison shows that much about Flannery is not consistent with, and is antagonistic to, the Supreme Court’s decisions in Central Bank, Stoneridge, and Janus.Second, the article evaluates Flannery’s explicit demand for Chevron deference and concludes that a reviewing court would have doctrinal and precedential grounds for refusing to accept the Flannery positions as controlling. The reasons start with the text of the provision of the Administrative Procedure Act governing judicial review of agency actions and also cover the actual practice of the Supreme Court and courts of appeals when they review a legal conclusion in an agency adjudication. The precedents identify good reasons for not granting Chevron deference to Flannery. Giving controlling effect to the SEC’s decision would allow the agency both to avoid the teachings of leading Supreme Court authorities and to trump the Supreme Court and other federal courts on significant matters of statutory interpretation.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":" 856","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"113947032","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Obligation to Support Adult Children: When Does 'Childhood' End?","authors":"N. Bala, B. Chaput","doi":"10.2139/SSRN.2576250","DOIUrl":"https://doi.org/10.2139/SSRN.2576250","url":null,"abstract":"This paper examines the provisions of the federal Divorce Act and Ontario’s Family Law Act that impose an obligation on parents to support adult children, and reviews leading cases interpreting this legislation. While this remains a contentious and discretionary area, there are some clear trends in the case law. Social and economic changes have resulted in “delayed adulthood;” young adults are living with their parents longer as well as looking to parents for financial support for increasingly long periods of postsecondary education. These changes are reflected in changing judicial attitudes to support of adult children whose parents have separated or divorced: compared to two decades ago, the courts are recognizing a greater and longer obligation to provide support for adult children. For higher income payors, this may extend to support for a professional degree or further education after an undergraduate degree, with support until the mid-twenties. When an adult child has a disability and continues to reside with one parent and receive care and support from that parent, the courts may extend the support obligation into the late 20’s and beyond, though social assistance and disability pensions will be taken into account in setting the amount of this obligation.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-03-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129101531","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Keeping the Internet Free: Why the DMCA’s Safe Harbor Provision Should Be Expanded to Help Curb Overregulation of Content by Removing the Financial Benefit with Right and Ability to Control Exclusion","authors":"John W. Gosnell","doi":"10.2139/SSRN.2559455","DOIUrl":"https://doi.org/10.2139/SSRN.2559455","url":null,"abstract":"The Digital Millennium Copyright Act (DMCA) was passed in 1999 as an attempt to update copyright law to the age of the internet. The law was intended to serve as a compromise for both sides, giving copyright holders an easy means of taking action against infringements while giving websites reduced liability. To that end, the DMCA included the Online Copyright Infringement Liability Limitation Act (OCILLA), which created Safe Harbors for service providers.While creating a Safe Harbor was a good idea, it has not been encouraging sites to be less fearful of lawsuits. With the rise of video hosting sites like YouTube, the internet is a far larger and more critical part of society than it was in 1999. Unfortunately, there has been a recent trend of sites like YouTube regulating their content more strictly than the Safe Harbor provision requires in order to avoid any chance of liability. This has resulted in the unnecessary take down and removal of countless videos, and if things are left alone, content removal across the internet will only become more frequent.The issue of over regulation stems from an ambiguous section of the Safe Harbor provision which removes protection from content hosting sites that gain a financial benefit from the infringing content and have a right and ability to control it. This has been interpreted several ways by courts. Some have said that a site must do more than just have the content on their site, while others have used the common law vicarious liability test, which raises its own problems and ambiguities when applied to a content hosting site. An uncertainty on what to do has lead to sites over regulating to avoid liability. Because of this, the financial gain with right and ability to control language should be struck from the Safe Harbor provision to resolve this ambiguity and over regulation. While the concept that the OCILLA is ambiguous has been discussed in academic literature before, the outright removal of the financial benefit with right and ability to control language is a new solution.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"7 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-02-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129248267","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Political and Legal Views of Mikhail Speranskiy in 'Rules on the Siberian Kirghiz'","authors":"R. Pochekaev","doi":"10.2139/ssrn.2530466","DOIUrl":"https://doi.org/10.2139/ssrn.2530466","url":null,"abstract":"Mikhail Speranskiy, outstanding Russian statesman and legislator of the first half of the 19th century was the Siberian Governor-General from 1819-1821. The main result of this stage in his career was the reform of government in Asiatic Russia as well as development in 1822 of a set of codes – rules and regulations – for Siberia and its peoples. Speranskiy tried to incorporate his theoretical views on the state and law into these codifications. One of them were the “Rules on the Siberian Kirghiz” which provided reforms of the government system of Kazakhs (“Kirghiz” in the Russian pre-revolutionary tradition) of the Middle Horde which were under the control of Siberian regional authorities. The Middle Horde became a place for practical experimentation for Speranskiy’s ideas. Previous researchers have paid more attention to consequences of the promulgation of the “Rules on the Siberian Kirghiz” on the further history of Kazakhstan. This paper clarifies which specific ideas of Speranskiy on the state and law were reflected in the “Rules on the Siberian Kirghiz” and answers the question of whether they had practical importance. A substantial part of the “Rules on the Siberian Kirghiz” was, in fact, ineffective and didn’t use in practice because of lack of knowledge of Speranskiy on Kazakhs and his underestimation of their political and legal level. At the same time, authority of Speranskiy in the Russia of the 19th c. as legislator and reformer was so high that his “Rules on the Siberian Kirghiz” became actual until 1860s when next substantial reforms in Kazakhstan took place","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"8 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116671401","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Fraud is Already Illegal: Section 621 of the Dodd-Frank Act in the Context of the Securities Laws","authors":"Nathan R. Schuur","doi":"10.36646/mjlr.48.2.fraud","DOIUrl":"https://doi.org/10.36646/mjlr.48.2.fraud","url":null,"abstract":"In the aftermath of the financial crisis, lawmakers and the public focused on abuses in the securitization industry. Abacus, a Synthetic CDO created by Goldman Sachs & Co., became a symbol of what many felt was a corrupt system when it became known that Goldman and Fabrice Tourre, a Vice President at its Correlation Trading Desk, had assisted a hedge fund in designing the security to fail. Perceived failings of the securities laws to prevent transactions like Abacus spurred Congress to enact Section 621 of the Dodd-Frank Act, which prohibits conflicts of interest in asset-backed securitizations. But the law is unnecessary and counterproductive. Antifraud laws already address the abuses and certain conflicted transactions, if properly disclosed, can be beneficial. The section should be repealed.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"42 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126678494","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Understanding Electoral Politics in Solomon Islands","authors":"Terence Wood","doi":"10.2139/ssrn.2505265","DOIUrl":"https://doi.org/10.2139/ssrn.2505265","url":null,"abstract":"This paper discusses elections, electoral politics, and governance in Solomon Islands. It provides an overview of electoral politics and electoral process as well as a discussion of voter behaviour (why voters vote for the candidates they vote for). In covering voter behaviour the paper explains how the choices voters make contribute, amongst other factors, to Solomon Islands’ political problems. The paper argues that the central issue of Solomon Islands politics is the clientelist political dynamic that the country suffers under. While voters engage in clientelist politics quite reasonably, the political incentives associated with clientelism are at odds with a well-governed state. In its concluding section the paper assess the potential for, and potential causes of, political change in Solomon Islands. As it does this is looks at the implications for aid work, and the potential for aid to help.","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"35 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132230303","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"‘Spirit of the Law’ for Non-Believers: Tax Avoidance and (Legal) Philosophy","authors":"H. Filipczyk","doi":"10.2139/ssrn.2517906","DOIUrl":"https://doi.org/10.2139/ssrn.2517906","url":null,"abstract":"‘Tax avoidance is a taxpayer’s course of action in line with the letter but contrary to the spirit of the law’. Definitions phrased along these lines can be found in many policy statements and legal provisions. They are common, but nonetheless problematic. It is the ‘spirit of the law’ part which poses problems. These difficulties not only have theoretical import; they also cast doubt on the legitimacy of efforts to combat tax avoidance. And the skeptics – ‘non-believers’ in the spirit of the law – are many. In this paper I address four challenges arising in connection with this, allegedly obscure, expression. These challenges mirror the objections commonly raised against it in theory and practice. In the first part, I outline the concept behind the expression ‘spirit of the law’. In the second part I discuss the relation holding between the spirit of the law and the law itself. In the third part I touch upon the question of whether the spirit of the law is legislator’s intention. Finally, in the fourth part, I briefly examine the issue of the authority entitled to establish the spirit of the law. The purpose of the considerations included in this paper is to show that (i) the term ‘spirit of the law’ and the corresponding concept are meaningful and (ii) they are plausibly operational in legal practice (it is plausible that they can be fruitfully used in it).","PeriodicalId":280037,"journal":{"name":"Law & Society: Legislation eJournal","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132761579","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}