Law as Power: Two Rule of Law Requirements

Abstract. ‘Law as power’ is a neglected topic in contemporary analytical jurisprudence. Attention has been paid, from Hart (and Kelsen) onwards, to normative powers. ‘Brute’ social power, however, and law’s relation to it, are, in post-Hartian jurisprudence, largely overlooked. The subject of this paper is the shape social power takes when the rule of the law is envisaged as an ethico-political ideal—I discuss, that is, the Rule of Law as a specific mode of the exercise of social power, and what is valuable in it. I concentrate on two Rule of Law requirements, consistency (i.e., the avoidance of conflicts) and compliability (i.e., conformity to the ‘ought’ implies ‘can’ principle). They contribute, I argue, to defining a distinctive mode of social power, one that shows respect for its subjects. Power can be effectively exercised by systematically flouting these two desiderata. Consistency and compliability are required, however, if the law is to treat its subjects as autonomous, responsible agents. These two requirements, then, illustrate a threefold conclusion: Rule of Law power is public, rational (i.e., power for rational subjects), and non-paternalistic

Evasion and Flowback in the Regulation S Era: Strengthening U.S. Investor Protection While Promoting U.S. Corporate Offshore Offerings

This Note examines whether the structure of Regulation S has caused increased flowback of unregistered securities into the United States. Part I discusses the development of the offshore capital markets and the registration requirements of the Securities Act. Part I also details the evolution of the SEC\u27s application of the Securities Act registration requirements to international securities sales, and summarizes Regulation S. Part II discusses the benefits to issuers of using Regulation S, and the effect that Regulation S has had on U.S. corporate participation in the offshore markets. Part II also analyzes the threat that flowback poses to the Securities Act disclosure requirements, and examines the mechanisms through which unregistered securities flow back into the United States. Part III argues that neither SEC enforcement efforts, nor the currently extant private remedy, can effectively curtail the flowback problem caused by Regulation S. In addition, Part III provides recommendations for amending Regulation S to ensure greater protection for U.S. investors and greater certainty for U.S. issuers in offshore transactions. This Note concludes that the SEC should revisit Regulation S in order achieve a workable balance between access for issuers and protection for investors

NASTRAN general purpose interface requirements document

This NASTRAN (NASA STRuctural ANalysis) General Purpose Interface Requirements Document (IRD) defines standards for deliverables required of New Capability Contractors (NCCs) and relates these deliverables to the software development cycle. It also defines standards to be followed by NCCs for adding to and modifying the code in the NASTRAN software system and for adding to and modifying the four official NASTRAN manuals: The NASTRAN Theoretical Manual, the NASTRAN User's Manual, The NASTRAN Programmer's Manual, and The NASTRAN Demonstration Problem Manual. It is intended that this General Purpose IRD shall be incorporated by reference in all contracts for a new NASTRAN capability

A How-To Guide for Incorporating a Nonprofit Organization

Forming a nonprofit can be a daunting task and is a detailed operation. It involves a great deal of paperwork, time, effort and devotion by its founders, founding board and initial stakeholders. However, the satisfaction of contributing to an organization and being part of a change movement can be extremely rewarding. Hopefully this booklet has provided you with information to consider in the beginning phases in the life of a nonprofit organization and has helped to familiarize you with the process and requirements involved in both the incorporation and obtaining tax-exempt status. While this booklet does not address every detail, it is designed to guide you through the legal and procedural hoops and over the hurdles of incorporating as a nonprofit

Human Activity Modelling in the Specification of Operational Requirements: Work in Progress

This paper describes our experience of integrating HCI concepts and techniques into a concurrent requirements engineering process called RESCUE. We focus on the use of a model of current human activity to inform specification of a future system. We show how human activity descriptions, written using a specially designed template, can facilitate the authoring of use case descriptions to be used in the elicitation of requirements for complex socio-technical systems. We describe our experience of using descriptions of human activity, written using the template, to support specification of operational requirements for DMAN, a system to support air traffic controllers in managing the departure of aircraft from airports. We end with a discussion of lessons learnt from our experience and present some ideas for future development of work in this area

Labor Contracts and the Taft-Hartley Act

The amount of information stored on the internet grows daily and naturally the requirements on the systems used to search for and analyse information increases. As a part in meeting the raised requirements this study investigates if it is possible for a automatised text analysis system to distinguish certain groups and categories of words in a text, and more specifically investigate if it is possible to distinguish words with a high information value from words with a low information value. This is important to enable optimizations of systems for global surveillance and information retrieval. The study is carried out using word spaces, which are often used in text analysis to model language. The distributional character of certain categories of words is examined by studying the intrinsic dimensionality of the space, locally around different words. Based on the result from the study of the intrinsic dimensionality, where there seems to be differences in the distributional character between categories of words, an algorithm is implemented for classifying words based on the dimensionality data. The classification algorithm is tested for different categories. The result strengthens the thesis that there could exist useful differences between the distributional character of different categories of words.I takt med att allt mer information finns tillgänglig på internet växer kraven som ställs på system som används för att söka efter och analysera information. I den här rapporten undersöks huruvida det är möjligt för ett systemför automatiserad textanalys att avgöra vilka ord som är relevanta och informationsbärande i ett sammanhang. Detta är viktigt för att möjlig göra optimering och effektivisering av exempelvis informationssöknings- och omvärldsbevakningssystem. Undersökningen genomförs med hjälp av ordrumsmodeller för att modellera språk. Den distributionella karaktären hos termerna undersöks genom att studeraden intrinsiska dimensionaliteten lokalt i rummet kring olika termer. Baserat på resultaten av denna undersökning, som tycks visa på att det fanns skillnader i den distributionella karaktären hos olika kategorier av ord, implementeras en algoritm för att klassificera ord baserat på dimensionaliteten. Klassificeringsalgoritmen testas för olika kategorier. Resultatet stärker tesen om att det kan finnas vissa användbara skillnader mellan den distributionella karaktären hos olika kategorier av ord

That Which Shall Not be Named: Questioning the Taboo of Lobbying in the Indian Polity

Lobby groups exert strong influence on the formulation of public policies across all major democratic political systems. The more pluralist democracies, which are open to several competing interests, witness higher degree of interest groups functioning. Such ubiquity, however, is coupled with an increasing crisis in terms of declining public legitimacy, transparency and accountability. As a global practice, legal regulation is employed as the fundamental approach to bring the requisite transparency and legitimacy to the lobbying process. India, as a transitional political economy, witnesses substantive deterioration in its public sphere and legislative activity. Lobbying comes across as a taboo in debates around the workings of the Indian polity. The paper proposes recognition and regulation of lobbying as the next generation reform to revive the declining standards of policy debates