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Open access

Ewan McGaughey

Abstract

What explains the election of the 45th President of the United States? Many commentators have said that Trump is a fascist. This builds on grave concerns, since Citizens United, that democracy is being corrupted. This article suggests the long term cause, and the shape of ideology is more complex. In 1971, an extraordinary memorandum of Lewis Powell for the U.S. Chamber of Commerce urged that ‘[b]usiness interests’ should ‘press vigorously in all political arenas for support’. Richard Nixon appointed Powell to the Supreme Court, and a few years later, despite powerful dissent, a majority in Buckley v. Valeo held that candidates may spend unlimited funds on their own political campaigns, a decision of which Donald Trump, and others, have taken full advantage. Citizens United compounded the problems, but Buckley v. Valeo was the ‘Trump for President’ case. This provided a platform from which Trump could propel himself into extensive media coverage. The 2016 election was inseparable from the social ideal pursued by a majority of the Supreme Court since 1976. No modern judiciary had engaged in a more sustained assault on democracy and human rights. Properly understood, ‘fascism’ is a contrasting, hybrid political ideology. It mixes liberalism’s dislike of state intervention, social conservatism’s embrace of welfare provision for insiders (not ‘outsiders’), and collectivism’s view that associations are key actors in a class conflict. Although out of control, Trump is closely linked to neo-conservative politics. It is too hostile to insider welfare to be called ‘fascist’. Its political ideology is weaker. If we had to give it a name, the social ideal of Donald Trump is ‘fascism-lite’.

Open access

Bruce G. Peabody

Abstract

Given President Donald Trump’s generally non-deferential posture towards national political and governing institutions, why hasn’t his administration produced greater tension with respect to judges, courts, and established norms of judicial independence? Increased politicization of the judiciary, deepening partisanship, and distinct attributes of the President himself all seem to set up a climate of interbranch confrontation likely to challenge judicial independence norms. But at least in the first two years of this presidency, sustained opposition to courts is not evident. This analysis documents and accounts for this puzzle, ultimately contending that the President’s unexpected (and admittedly fragile) institutional comity can be traced to his personal history of relying on legal safeguards and authority as well as a complex stew of partisan and ideological uncertainty about the future direction of courts.

Open access

Robert G. Natelson

Abstract

This Article examines one of the most important state court cases ever decided. In Montana ex rel. Cashmore v. Anderson, the Montana Supreme Court exercised its original jurisdiction to order, by a 3-2 margin, that the state’s original constitution be replaced with one the people apparently had failed to ratify. In doing so, the court yielded to interest groups that favored replacing the original state constitution with an instrument based on radically different premises. Political threats may have caused the swing justice to vote for the new constitution, but even if that did not occur, the case represents a striking example of the failure of the rule of law. The Article also proposes reforms that may reduce the chances of a recurrence.

Open access

Peter H. Huang

Abstract

This Article recounts my unique adventures in higher education, including being a Princeton University freshman mathematics major at age 14, Harvard University applied mathematics graduate student at age 17, economics and finance faculty at multiple schools, first-year law student at the University of Chicago, second- and third-year law student at Stanford University, and law faculty at multiple schools. This Article also candidly discusses my experiences as student and professor and openly shares how I achieved sustainable happiness by practicing mindfulness to reduce fears, rumination, and worry in facing adversity, disappointment, and setbacks. This Article analyzes why law schools should teach law students about happiness and mindfulness. This Article discusses how to teach law students about happiness and mindfulness. Finally, this Article provides brief concluding thoughts about how law students can sustain happiness and mindfulness once they graduate from law school.

Open access

Lucia Palšová

Abstract

The protection of the qualitative aspects of agricultural land is in the interests of both Slovakia and the European Union. Several policy documents have emerged in the European Union over the last few years, however, they have not been legally binding, as the EU Member States refuse all binding legal acts in this area. Therefore, solving the problem of agricultural land protection is left to the exclusive competence of the EU Member States. On the other hand, problems related to agricultural land cross the borders of states and that is why the Department of Law, Faculty of European Studies and Regional Development, Slovak University of Agriculture in Nitra submitted an international research project under the Erasmus + program, Key Action 3: Jean Monnet entitled “Central European Initiative on Agricultural Land Protection”. The aim is to strengthen the dialogue between key stakeholders in the protection of agricultural land in Central Europe what will have a positive impact on the achievement of the EU agri-environmental and food policy objectives.

Open access

Tekla Papp

Abstract

The state can be an actor in Hungarian private law in several ways: on the one hand, by its organs (e.g. the Office of the National Assembly, ministries), on the other hand, by the organs of public law the state creates (e.g. budgetary organs), thirdly, through business associations operating with the participation of the state, fourthly, exceptionally, the state itself can also act as a subject of private law. In this study we call the attention to that the terminology used in case of business associations operating with state/local government participation is not sustainable and we focus on some issues where the private and public law discrepancy can be found in Hungary.

Open access

Monika Bumbalová

Abstract

Provision of services by public sector is a concept, which has been implemented for many decades in various forms of economic arrangement. Public sector policies and public services have significant impact on almost all spheres of life including agriculture. Throughout the history, there were times with smaller and bigger importance of public sector within the economy. The conditions of public sector always depend on the actual trend applied in the sphere of public administration and public management. After the period of New Public Management accompanied by leaning away from the “public” concept, a return to stronger statehood and more intensive public sector can be seen. There are several reasons for such development, which are also called megatrends. Urbanization, demography and social changes, climate changes and development of technology belong to the most intensive ones. The presented review paper deals with the description of the mentioned trends and provides a reflexion on their influence on the public sector and provision of public services in particular.

Open access

Petr Stejskal

Abstract

This article focuses on the applicability of bilateral investment treaties on the conduct of the occupying power towards foreign investments situated in the occupied territory. It examines the content of the obligation to respect the laws in force in the occupied territory as prescribed by Art. 43 of the Convention (IV) respecting the Laws and Customs of War on Land. Some authors proposed an idea that this obligation is a gateway provision for the applicability of international treaties which are in force in the occupied territory on the conduct of the occupier. They refer to the case-law dealing with the applicability of human rights treaties in occupied territories. However, after the interpretation of this provision and inquiry into the case-law, this paper reaches the con­clusion that the obligation to respect the laws in force does not have this effect. Instead, it deals with the legislative powers of the occupying power.

Open access

Pavel Petr

Abstract

This paper aims to describe one part of the issue - the fact that a living ani­mal is not a thing. Does that mean that one could not “own” an animal, or perhaps that an animal as a subject of rights? Will it be liable for damage it causes? The author believe that the provision specifically aims at pets and it is a pity that it is not explicitly men­tioned. The different attitude of legislator is also reflected in compensation for damage, which now involves a special material element of compensation for damage caused by and to an animal. These and other aspects are addressed in this paper.