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Neo-Colonialism and Patterns of Migration: The Indian Diaspora in Uganda
Full text linkDespite the collapse of the imperial world system in the 19th and early 20th centuries, colonialism still plays a major role in dictating international relations and the exploitative relationship between the Global North and Global South. Neocolonialism operates as the silent offspring of colonialism, influencing the development of global policy with the intent to maintain the colonial world order, prioritizing the economic and political prowess of former imperial powers, namely the United Kingdom and its Western offshoots, and perpetuating the exploitation of former colonies and disenfranchised global communities. Patterns of diasporic migration reveal the machinations of neocolonialism under the present world system. This paper aims to reveal how neocolonialism influences patterns of diasporic migration, creating push factors that structurally disenfranchise marginalized communities that were often colonized under the imperial system. This paper utilizes an analysis of the Indian community in Uganda, evaluating the conditions of the initial Indian migration to Uganda, the escalation of racial tensions prior to Ugandan independence, the formation of independent Ugandan citizenship policy, and the resettlement of the community after Idi Amin’s 1972 expulsion order to explain the mechanisms by which neocolonialism pervades the patterns of diasporic migration
Changing Speech in a Changing World: An Examination of Contemporary SOCE State Legislation and the Fight for Legal Protection Amid Constitutional Challenge
Full text linkPablo v. Ak-Chin Indian Community: A Path for Tribal Courts to Protect Indigenous Sovereignty and Same-Sex Marriage
Full text linkPablo v. Ak-Chin Indian Community: A Path for Tribal Courts to Protect Indigenous Sovereignty and Same-Sex Marriage
Full text linkExecutive Authoritarianism in Lawmaking in the Afghan Republic
Full text linkThe political system and government structure in Afghanistan have long been contentious issues, reflecting the diverse nature of Afghan society along ethnic, tribal, linguistic, religious, social, and political lines. Even today, with the Taliban in power, there is ongoing debate among the international community, Afghans, and other stakeholders on how to establish a political system and governmental structure that truly represents and reflects the diversity of Afghan society. The overthrow of the Taliban by the U.S. and its allies in 2001 marked a significant turning point in the contemporary history of Afghanistan, as the country adopted a new constitution in 2004.
By examining the legislative process, politics, and decree authority in the Republic government (pre-2021) formed under the 2004 Constitution, this Article argues that the Afghan Republic presented an extreme case of usurpation of legislative powers by the executive. Such executive usurpation was witnessed in the concentration of legislative powers in the executive, including the executive’s introduction of bills, a presidential veto with high override threshold, and decree authority and its overuse. Moreover, over half of the legislative decrees issued by the executive were unconstitutional in their process. Lastly, the Republic was plagued by the lack of an independent judiciary with clear judicial review power. Based on an empirical review of the legislative acts promulgated during President Ghani’s administration, this Article demonstrates that the executive overwhelmingly dominated the legislative process, revealing itself as an authoritarian force
Law and Practice of Personal Data Protection in the Digital World: A Comparison BetweenChina, the EU, and the U.S.
Full text link This Article makes an in-depth comparative and empirical study on China’s personal data protection legal system and its public enforcement at the state and local levels. The 2016 Cybersecurity Law and the 2021 Personal Information Protection Law (PIPL) regulate important personal data protection issues such as public interests’ protection and very large online platforms’ (VLOPs) gatekeeper mechanism. China’s regulatory focus has shifted from network infrastructure construction to cybersecurity and personal data protection. Unlike the U.S. and the EU, China has delegated law enforcement to the Cyberspace Administration of China (CAC) and the Ministry of Industry and Information Technology (MIIT) under a unique twin peaks model at the state level. The CAC and local agencies focus on regulating data processors based on catch-all provisions, while the MIIT focuses on regulating app developers’ activities, such as the collection and use of personal data. At the local level, China decentralized regulatory powers to local governmental agencies. In the public enforcement of data protection laws, the EU, the U.S. and China have divergent institutional structures and administrative penalties. These divergences are caused by China’s political and economic context, especially the national strategy to facilitate the development of VLOPs for global competition. China’s public interests are embodied in the ideological censorship and national security review of users’ information by data processors. It is concerning that the Chinese government might enlarge their control over the dissemination of information. China should learn from the EU’s experience in tackling specific problems of automated decision-making. To supervise the gatekeepers, Chinese law needs to strike a balance between encouraging the development of VLOPs and protecting personal data
Democracy and Constitution-Making in Chile
Full text link For years now, Chile has attempted to break from the legacy of dictator Augusto Pinochet and adopt a new constitution. In December 2023, voters decisively rejected a second constitutional draft. These attempts have afforded Indigenous people in Chile unprecedented recognition in the process, while also contemplating new governmental structures for Chile. This Article assesses Chile’s inclusive and democratic approach to constitution-making and compares similar processes in Egypt, Tunisia, and particularly, the United States. I provide a comprehensive summary of Chile’s political history and apply the reflections of prominent political philosophers to ongoing constitution-making efforts in the country
