Activism and Legitimation in Israel's Jurisprudence of Occupation

Colonial law need not exclude the colonized in order to subordinate them, and ‘activist’ courts can advance the effect of subordination no less than ‘passive’ courts. As a case study, this article examines the jurisprudential legacy of the Israeli Supreme Court in the context of the prolonged Israeli occupation of Palestine. Applying insights from legal realist, law and society, and critical legal studies scholarship, the article questions the utility of using the activist and passive labels. It illustrates how the Israeli activist court, through multiple legal and discursive moves, has advanced and legitimated the colonization of Palestine; that the court is aware of its role; and that arguments that focus on the court’s informal role do not mitigate this legitimating effect. Unlike other scholars, the article shows that the Israeli court’s role—by extending the power of judicial review to the military’s actions in the occupied areas—is neither novel nor unique or benevolent, as the British colonization of India and the US colonization of Puerto Rico show

The copyright reward system and content owners in the creative industry: a study of the Malaysian film and TV industry

The creative industry is identified as one of the key drivers to move Malaysia into a high income and knowledge‐based economy. Copyright law and complementary policies were used as measures to stimulate the creative industry. However, the industry's growth is far from the expectation. This leads to a two‐prong inquiry. First, the paper attempts to examine the adequacy of copyright rules and provisions in securing the rights of the creators and provide them with the motivation to produce more creative works. The aim is to explore the dynamics between the various copyright beneficiaries in the creative industry in Malaysia to understand what are the actual problems that deprive the copyright owners from reaping the full value of the exclusive rights granted to them. The second objective is to examine whether the copyright provisions are aligned with complementary policies implemented to boost the creative content industry. Our primary contention is that both the legal reforms and complementary policies used to support the industry need to be revisited. The legal reforms must be aligned with the structure and dynamics of power in the industry to give all the beneficiaries an equal bargaining plane to take advantage of the copyright system

Contextualizing legal norms: a multi-dimensional view of the 2014 legal capital reform in China

This paper intends to shed light on the contentious theme of the reception of legal transplantation in the host environment, by examining the 2014 legislative reform of legal capital in China, which at least on paper imitates the enabling settings of US Revised Model Business Corporation Act (RMBCA). The paper looks at the interconnections between national-specific contextual elements, the resultant complexities, and the spillover effects of transplanted configurations in the unique Chinese socio-cultural setting, implicating the discrepancy between the ‘law in practice’ and the borrowed words ‘on the books’, and suggesting the importance of gaining a holistic understanding of ‘law’ involving the legal traditions in both the donor country and the recipient nation

The unfulfilled potential of the court and legislature dialogue

Constitutional scholarship has been exploring the idea that the court and the legislature engage in a dialogue over the meaning of the constitution. Yet, despite many contributions to the idea of dialogue over the last decade, its potential remains unfulfilled. The epistemological potential of dialogue remains understudied, in part because the court continues to be viewed as the supreme, if not also the sole, expounder of the constitution. For dialogue's potential to be realized, the legislature should be acknowledged as a co-ordinate actor in expounding constitutional meaning and both court and legislature should assume a disposition for dialogue