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Bruce M. Owen

participate in the process; those interests are diffused, difficult to organize, or lack the resources to invest in political action. Further, neither the judiciary nor the President is in the business of blocking corrupted, welfare-reducing legislation. Finally, most corrupted legislation is obscure, hidden in important unrelated bills, and devoid of interest to the media and media audiences. The canonical checks and balances simply do not work in stemming non-salient, welfare-reducing, and redistributive legislation and regulation. A major purpose of any democratic

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Brian Christopher Jones and Austin Sarat

jurisprudence, and which ultimately led to two judicial appointments under Reagan: one to the U.S. Court of Appeals (D.C. Circuit) in 1982, and the other to the Supreme Court in 1986. Scalia’s ascension to the Court, like so many other SCOTUS justices, was a reward for political service. But would Scalia fulfill his judicial “mandate” as a Reagan nominee, or would he feel unshackled by his lifetime appointment to the nation’s highest court? The idea of judicial mandates arises from the fact that in the U.S. federal judicial appointment stems from a political process

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Peter H. Huang

, discipline, effort, environment, genetics, identity, mindset, motivation, resilience, and time. Education professor Jin Li analyzes fundamental differences in the cultural orientations that exist between European-American and East Asian attitudes towards learning, despite both cultures having similar educational content in their K-12 systems and valuing the goal of learning. Jin Li, Cultural Foundations of Learning: East and West (2012). In a European-American model of learning stemming from a Western intellectual tradition of Socrates, the goal of education is to

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Roni Rosenberg

theory that purports to serve as a basis for the building blocks of national government. J OHN R AWLS , A T HEORY O F J USTICE (rev. ed., 1999). Rawls assumes that in each society there are both shared and conflicting interests. Shared interests stem from the realization that cooperation is preferable to each individual acting alone. Conflicting interests are rooted in each individual’s concern with the societal distribution of rights and obligations. Id . at 4. For this reason, says Rawls, it is necessary to create several principles to allow for the just

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Jaemin Lee

would mean that the concerns over the ISDS proceedings stemming from fears of possible erosion of a state’s regulatory authority still apply to the ISDS proceedings of the four agreements. Joint Committees of the four free trade agreements are also supposed to play an important role in the administration of the agreements. These committees are non-binding consultative bodies, but offer a forum to discuss and resolve disputes arising from the free trade agreements. At the same time, the committees are tasked with organizing, administering and monitoring dispute

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Jared Schroeder

helped provide a broad representation of years. Before drawing central understandings regarding the Court’s conceptualization of the nature of truth from the discourse put forth in these cases, the primary facts, questions, ideas, and overall outcomes are briefly outlined. A Pennekamp v. Florida In Pennekamp , in 1946, the Court overturned a Florida Supreme Court decision to uphold contempt charges against editors at the Miami Herald . The charges stemmed from editorials the criticized Dade County judges’ decisions. Pennekamp v. Florida, 328 U.S. 331, 349

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Stephan W. Schill and Heather L. Bray

TTIP stems from the proposal made by the EU. See Proposal of the European Union for Investment Protection and Resolution of Investment Disputes, Nov. 12, 2015, available at http://trade.ec.europa.eu/doclib/docs/2015/november/tradoc_153955.pdf [hereinafter EU TTIP Proposal]. and the Regional Comprehensive Economic Partnership (RCEP), RCEP is negotiated among 16 countries: the 10 Members of ASEAN and six countries with which ASEAN has existing free trade agreements (FTAs), that is, Australia, China, India, Japan, Korea, and New Zealand. See Amokura Kawharu

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Christian Pitschas

of the 18 th TiSA Negotiation Round , supra note 84, at 2-3. It is recalled that TiSA negotiating parties seek to conclude their negotiations by the end of 2016. Services Trade in Focus as TISA , TTIP , RCEP Aim for 2016 Conclusion 20 Bridges Weekly 1 (Mar. 4, 2016). 3 Public Procurement Next to services, market access in public procurement holds the biggest potential for new economic opportunities. This potential stems from the fact that public procurement stands for a very sizeable portion of GDP both in the European Union and the United States, and

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Zia Akthar

extraterritorially where, for example, a U.S. citizen is employed abroad by an American company. The Alien Tort Claims Act (ATCA) 1789 may be invoked where the foreign parties are sufficiently “aliens” for the sole purpose of invoking jurisdiction of the U.S. courts. The preamble states: “The district courts shall have original jurisdiction of any civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States.” The Act stems from the Judiciary Act in 1789 when the United States government set out it three-tiered system of

Open access

Melissa Hamilton

justice. In regards to penalty outcomes, it is particularly important to focus on both (a) individual level predictors because of the focal concerns perspective, and (b) on jurisdictional level variations because there may be relevant contextual differences stemming from unique cultural characteristics or peculiarities produced through discrete courtroom community practices. Gaylene S. Armstrong & Nancy Rodriguez, Effects of Individual and Contextual Characteristics on Preadjudication Detention of Juvenile Delinquents , 22 J UST . Q. 521, 525 (2005). Further