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Uniform Enforcement or Personalized Law? A Preliminary Examination of Parking Ticket Appeals in Chicago
Get PDFThis Article is one in a series of papers that sets the record straight about the type, quality, and quantity of information that U.S. cities may employ, so as to make more informed policy decisions. It does so, specifically, by examining information that is collected by the City of Chicago: in order to gauge the uniformity, as well as the relative cost effectiveness, of the parking ticket appeals process. The Article has six (VI) parts. Part I is the introduction, which sets the stage for a preliminary examination of the parking ticket appeals process in Chicago. Part II describes the applicable law. Part III explains this Article’s methodological approach, which employs percentage analysis to explain how parking tickets are distributed, how parking ticket appeals are distributed, and how frequently ticket recipients obtain relief in Chicago. Part IV outlines the Article\u27s findings and positive analysis, which includes the fact that more advantaged zip codes have higher administrative costs and lower error rates than disadvantaged zip codes. Part V contains its key normative recommendations. Part VI is the conclusion
Gender Equality Menace Under Liberia Domestic Relations Law
Get PDFLike most Africa countries, Liberia has a dual legal system, that is, the customary and statutory. Cultural and traditional practices influence some of the laws. Laws in both legal systems discriminate against women in overt ways, especially laws that deal with the private sphere, such as marriage, divorce, custody, domestic violence, property, legitimacy, and inheritance. This dissertation seeks to identify inequality in the Liberian Domestic Relation laws that arise from facially discriminatory laws, facially neutral laws and omissions in the law. It also posits that the court’s role in interpreting these issues has been inadequate, and the legislature is reluctant is amend, repeal and enact laws that will remedy the issues.
Given the above, this dissertation has reviewed four models of equality, made a comparative analysis of how these models are utilized in four countries and recommended that substantive equality model could help to remedy inequality problems under the Liberian Domestic Relations Law. This dissertation concludes by suggesting draft languages to the Liberian Equal Protection Clause, and legislative amendments to some provisions of the Domestic Relations Law, and the Equal Rights of Customary Marriage Laws, as well as additions to the provisions of the proposed draft domestic violence Act
The Dragon-Kings’ Restraint: Proposing a Compromise for the EEZ Surveillance Conundrum
Get PDFThe United States and China are at it again, as naval and aerial interceptions in and around the South China Sea become a matter of disturbing routine. At the heart of the dispute stands the lingering question of whether customary international law as reflected in the United Nations Convention on the Law of the Sea (“UNCLOS”) authorizes third States to engage in surveillance and military maneuvers in coastal States’ Exclusive Economic Zones (“EEZ”) without their consent. The answer lies in interpreting Article 58(1) of UNCLOS. This paper aims to respond to the calls put forward by States, scholars, and research institutes to promote a legal compromise between permissive and prohibitive interpretive approaches to UNCLOS Article 58(1). The traditional interpretation of the Article, and the EEZ Surveillance conundrum more broadly, has thus far been reviewed by scholars solely through the lenses of the age-old debate between Hugo Grotius and John Selden over Mare Liberum and Mare Clausum. In other words, existing scholarship treats the dispute as a binary zero-sum game. The model proposed in the Article recognizes the freedom of navigation premise as an analytical starting point, but nonetheless introduces, for reasons of maintaining minimum order, a set of restraints (“necessity,” “last resort,” and “proportionality”) to be internalized by third States in deciding whether to launch intelligence operations in another coastal State’s EEZ. To develop these standards, the paper examines the limits of a State’s right to spy under international law and the effects that advancements of surveillance technology have had over our evolutionary interpretation of UNCLOS. The paper’s nuanced approach thus treats the EEZ surveillance problem as a microcosm through which to examine meta-issues concerning the function intelligence plays in our public world order
Cyber Law and Espionage Law as Communicating Vessels
Get PDFProfessor Lubin\u27s contribution is Cyber Law and Espionage Law as Communicating Vessels, pp. 203-225.
Existing legal literature would have us assume that espionage operations and “below-the-threshold” cyber operations are doctrinally distinct. Whereas one is subject to the scant, amorphous, and under-developed legal framework of espionage law, the other is subject to an emerging, ever-evolving body of legal rules, known cumulatively as cyber law. This dichotomy, however, is erroneous and misleading. In practice, espionage and cyber law function as communicating vessels, and so are better conceived as two elements of a complex system, Information Warfare (IW). This paper therefore first draws attention to the similarities between the practices – the fact that the actors, technologies, and targets are interchangeable, as are the knee-jerk legal reactions of the international community. In light of the convergence between peacetime Low-Intensity Cyber Operations (LICOs) and peacetime Espionage Operations (EOs) the two should be subjected to a single regulatory framework, one which recognizes the role intelligence plays in our public world order and which adopts a contextual and consequential method of inquiry. The paper proceeds in the following order: Part 2 provides a descriptive account of the unique symbiotic relationship between espionage and cyber law, and further explains the reasons for this dynamic. Part 3 places the discussion surrounding this relationship within the broader discourse on IW, making the claim that the convergence between EOs and LICOs, as described in Part 2, could further be explained by an even larger convergence across all the various elements of the informational environment. Parts 2 and 3 then serve as the backdrop for Part 4, which details the attempt of the drafters of the Tallinn Manual 2.0 to compartmentalize espionage law and cyber law, and the deficits of their approach. The paper concludes by proposing an alternative holistic understanding of espionage law, grounded in general principles of law, which is more practically transferable to the cyber realmhttps://www.repository.law.indiana.edu/facbooks/1220/thumbnail.jp