AND ORGANIZATION Suppose you are helping a child assemble a toy giraffe, just removed from the gift box. Out comes a longish neck and backbone, in three pieces; a head, in one; four legs, in twelve; a tail, in two. Unlike the man from Mars, who has never seen . . . Read more
html xmlns=”http://www.w3.org/1999/xhtml” xml:lang=”en”> 7 LAWYERS AS PUBLISHERS WORDS ARE THEIR PRODUCT Add up all the pages of the documents—memoranda, opinion letters, motions, briefs, settlement agreements, contracts, resolutions, trusts, wills—produced in a typical week by even a small law office, and the total will easily be in the thousands. Then . . . Read more
16C (Section 16C), Brief of State Appellants (State Br.) 2a-3a, which delegates to certain churches and synagogues—those that, in the statute’s terms, are “dedicated to divine worship,” id. 2a—an ad hoc and absolute veto power over the approval of each liquor license within a 500-foot radius of the church or . . . Read more
an in-house editing office. Law firms are publishers, and they should provide their writers (partners and associates) with the editorial services (copy editing and proofreading) that traditional publishers offer. Lawyers are divided on the usefulness of proofreaders—those who object do so in part because they are confused about what proofreaders . . . Read more
GETTING IT DOWN FROM QUILL PENS TO COMPUTERS The first machine for writing, the typewriter, came on the market in the United States in the 1870s; the second machine, the personal computer, arrived a century later. Each provoked hallelujahs in some quarters and criticism in others. The comparison is . . . Read more
Cambodia’s Judiciary Heading for political judicialization? Kheang Un and Sokbunthoeun So Introduction For some scholars, certain international justice mechanisms can contribute to judicialization at the national level. Hirschl (2008) has proposed that judicialization of mega-politics may account for the growing phenomenon of judicial activism, embracing ‘everything political’, from ‘judicial scrutiny . . . Read more
Malaysia Limited and intermittent judicialization of politics Chandra Kanagasabai Introduction This chapter argues that the ‘judicialization of politics’, described by Hirschl (2006: 721) as ‘the ever accelerating reliance on courts and judicial means for addressing core moral predicaments, public policy questions and political controversies’ has seen only limited and intermittent . . . Read more
Leadership, Law, and legitimacy Reflections on the changing nature of judicial politics in Asia Haig Patapan Constitutional courts and supreme courts of final appellate jurisdiction are unique institutions. As the principal courts in the legal hierarchy of the state, they represent the apex of the law, the fundamental institution that . . . Read more
China’s Supreme People’s Court within the ‘political-legal System’ Shumei Hou and Ronald Keith Introduction Hirschl’s ‘judicialization of politics’ argues that in Asia within the last two decades, court intervention into ‘deadlocked politics’ is ‘less exceptional’ and that courts are asserting independent political personality through judicial review. This approach looks for . . . Read more
Indonesia’s Constitutional Court Conservative activist or strategic operator? Simon Butt For three decades under Soeharto (1966–98) Indonesia was an authoritarian state. There were no effective checks, institutional or democratic, on the exercise of government power. Formally, the state was bound by the 1945 Constitution, but the judiciary lacked power to . . . Read more