The Illegality of Abortion in Mexico
In: Stanford Journal of International Law Vol. 39, No. 1, 2003
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In: Stanford Journal of International Law Vol. 39, No. 1, 2003
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In: 4 Constitutional Commentary 57 (1987)
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In: Handbook of Transnational Environmental Crime, Part III Governance, Agency and Strategies, Chapter 15, pp. 299-321, Forthcoming
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In: 23 Michigan Journal of International Law 1 (2001)
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In: Tort Law Review, Vol. 18, 52-64 (2010)
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Concern about illegal logging has grown considerably over the past decade due to the interest in its environmental impacts, and more recently as a result of its perceived impacts on livelihoods. The authors find that the reality of illegal logging is much more nuanced than has been depicted and that there is a need to focus on illegal forest activities (IFAs) beyond just illegal harvest. This paper shows that the illegal log harvest in Cameroon is smaller than previously thought and that, in recent years, small-scale operators forced to operate illegally by an illicit ministerial decision contributed a significant share. This paper provides suggestions to the government and donor community about priority areas for interventions related to IFAs, sustainability, and livelihoods. These include allowing small-scale logging operations as a way to reverse the historical marginalization of rural people and reducing the misuse of the forest area tax, which is supposed to benefit rural communities.
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In: (2011) 7 Australian Civil Liability pp.121-125
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In: Annual review of anthropology, Band 31, Heft 1, S. 419-447
ISSN: 1545-4290
▪ Abstract This article strives to meet two challenges. As a review, it provides a critical discussion of the scholarship concerning undocumented migration, with a special emphasis on ethnographically informed works that foreground significant aspects of the everyday life of undocumented migrants. But another key concern here is to formulate more precisely the theoretical status of migrant "illegality" and deportability in order that further research related to undocumented migration may be conceptualized more rigorously. This review considers the study of migrant "illegality" as an epistemological, methodological, and political problem, in order to then formulate it as a theoretical problem. The article argues that it is insufficient to examine the "illegality" of undocumented migration only in terms of its consequences and that it is necessary also to produce historically informed accounts of the sociopolitical processes of "illegalization" themselves, which can be characterized as the legal production of migrant "illegality."
In: Common Market Law Review, Band 55, Heft 1, S. 101-134
ISSN: 0165-0750
This article considers the review of legality in composite procedures – i.e. European administrative procedures where national and EU authorities decide jointly. It explores how EU courts deal with the question of whether, and to what extent, irregularities occurring at national level are relevant for the legality of final decisions adopted at EU level. It presents two claims: first, that EU courts have developed a differentiated doctrine of "derivative illegality", or "contamination effects" from national to European stages, depending on the level at which discretion is located. Such illegality is categorically excluded where national authorities predetermine the procedure's outcome, and admitted under certain conditions where the EU level enjoys discretion to diverge from the national level. Second, it is argued that the case law's rejection or limitation of derivative illegality in composite procedures allows the ECJ to observe four constitutional principles: the prohibition of EU courts to review national measures, the autonomy and uniformity of EU legal order, and the rule of law.
In: Victoria University of Wellington Legal Research Paper, Student/Alumni Paper No. 29/2018
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In: Economics & politics, Band 36, Heft 2, S. 1090-1109
ISSN: 1468-0343
AbstractThe advent of the digital economy has ushered in unprecedented opportunities for corporate development. Utilizing a comprehensive data set comprising Chinese listed companies spanning the period 2011–2020, this study empirically examines the impact of digital transformation on corporate illegality. The findings reveal a significant reduction in corporate illegality attributable to digital transformation. This empirical result retains its significance even when subjected to a battery of robustness tests. In terms of the underlying mechanisms, this paper conjecture that digital transformation reduces the internal and external information asymmetry, thereby curbing corporate illegality. Further heterogeneous analysis shows that digital transformation is more effective among corporates with higher agency cost (state‐owned or large corporates) or corporates located in regions with lower degree of marketization level. These heterogeneous effects provide supportive evidence to the above conjecture. The implications of this study extend the boundaries of digital transformation research and furnish novel and actionable insights into the prevention of corporate illegality.
In: Organization science, Band 8, Heft 6, S. 624-647
ISSN: 1526-5455
Research on corporate illegality spans several distinct literatures and defies ready integration. This article helps to overcome those problems. Analysis of data from 80 U.S. industrial organizations indicates that lower industry profitability is associated with higher frequencies of detected serious violations of federal environmental laws. Organizational profitability, industry concentration, organization size, structural complexity, organizational decentralization, and ethical climate join this variable in statistical interactions also associated with detected instances of serious environmental violations. However, none of those variables are found to be associated with the incidence of detected nonserious violations. These results provide qualified support for a model of corporate illegality in which illegal behaviors are attributable to the interactive effects of motive, opportunity, and choice. They suggest that illegal corporate activities resist simple explanation, and that future research on corporate illegality should concentrate on further development of multivariable models.
In: Sociology of race and ethnicity: the journal of the Racial and Ethnic Minorities Section of the American Sociological Association, Band 3, Heft 2, S. 253-267
ISSN: 2332-6506
Drawing on in-depth interviews with 45 Latinos living in a small city the author calls Sycamore City, the author examines the discourses and practices through which Mexican migrants and Puerto Ricans deal with the "dirty work" of illegality. The focus is on the "physical dirty work" performed by undocumented workers and "social dirty work" performed by workers on the margins of citizenship. This research shows that "physical dirty work" and "social dirty work" overlap when a new class of worker enters the labor market. As such, the author documents the dirty work undocumented workers perform and the ethnoracial distinctions used to gain self-worth while performing physical dirty work. In addition, this article shows that as citizens, Puerto Rican professionals offer discreet assistance when they encounter undocumented migrants. In providing assistance, these professionals diminish citizen-migrant distinctions.
In: Contemporary European history, Band 4, Heft 2, S. 133-151
ISSN: 1469-2171
A century ago Friedrich Engels reflected that if a European league for barricade-building was established, Barcelona would emerge in top position. The same deep rebellious traditions of the Catalan capital prompted the English hispanophile Gerald Brenan to describe Barcelona as 'the most revolutionary city in Europe'. The 1930s confirmed this reputation: during the years assessed in this article barricades were thrown up in the working-class districts of Barcelona on at least eight different occasions. What is interesting, however, is that although the local authorities and business groups were understandably perturbed by the threat of social mobilisation, the proven capacity of the security forces to contain the challenge of the barricades meant that the danger of urban insurrection was not the greatest continuing worry of the 'law-and-order' lobby. Instead, the dominant concern of the self-proclaimed 'lovers of order' in Barcelona was the wave of armed illegality (atracaments) which rocked the city throughout the 1930s.1
In: Asia in Transition volume 22
Introduction -- 1. Bribery and Other Serious Investor Misconduct in Asian International Arbitration -- Part 1: The Economic Context of Corruption and Investment -- 2.Does Corruption Hinder FDI and Growth in Asia and Beyond? The Grabbing Versus Helping Hand Revisited -- 3. The Effect of Corruption on Foreign Direct Investment at the Regional Level: Positive or Negative Relationship? -- Part 2: General Legal Issues from the Interface of Corruption, Illegality and Investment Arbitration -- 4. Anti-Corruption Laws and Investment Treaty Arbitration: An Asian Perspective -- 5. Multi-Tiered International Anti-Corruption Cooperation in Asia: Treaties Review and Prospects.