Executive order no. 2016-44

This executive order by Governor Nikki R. Haley determines that an emergency exists in the State South Carolina for the limited purpose of complying with the declaration of emergency in the State of Georgia and hereby suspend of Part 395 (drivers' hours of service) of Title 49 of the Code of Federal Regulations. She further directs the South Carolina Department of Transportation and the South Carolina Department of Public Safety, and the State Transport Police as needed, to suspend the federal rules and regulations that limit the hours operators of commercial vehicles may drive, in order to ensure the uninterrupted supply of equipment, goods, services, and any other item needing to be moved on the highways of the States of Georgia and South Carolina.

South Carolina Motion Picture Incentive Act : Policies and Procedures

The purpose of South Carolina motion picture incentives is to bring economic benefit to the State of South Carolina by using South Carolina as a site for film and television production, promoting the hiring of South Carolina residents as staff, cast, and crew, and promoting the purchase of supplies and services from South Carolina companies.

Transitional Justice as a Post-Revolution Constitutional Arrangement: A Law and Economics Approach

This dissertation addresses the timely questions of transitional justice (TJ) in the aftermath of revolutions against autocratic regimes, dealing with TJ as a constitutional arrangement through the lenses of constitutional economics. After an introductory chapter, chapter 2 deals with why nations rarely adopt meaningful TJ processes in the first place, it then explains the limitations of civil society as the arbiter, facilitator, and enforcer of TJ policies. Chapter 3 tackles the question of which mechanisms to choose? It uses the UN Guidelines on TJ that sets five principal TJ mechanisms. It provides a cost-benefit analysis (CBA) of each mechanism and suggests policy implications accordingly. The CBA inspires chapter 4 analysis, suggesting a tradeoff between restrictive fair trial standards under constitutional laws and justice considerations. The tradeoff explains the suggested efficiency of the balanced TJ approaches that combine trials and amnesties. This approach is used for the case study analysis of TJ in Tunisia after the 2011 revolution in chapter 5. The chapter presents the first index of TJ mechanisms in Tunisia through novel data collected by the author. It shows an ultimate TJ design that ended with a modest harvest in the application. The lack of cooperation between the Tunisian parties, added to the absence of transparency in many TJ measures, threatens any possible positive outcomes of the partial TJ process. It is also alarming regarding constitutional compliance in a system that – until recently - was considered the only democracy in the Arab region. Chapter 6 is a summary

Reconciling the Irreconcilable? Sovereign Debt Restructuring and the Principles of International Law. A Law and Economics Perspective

This Thesis focuses on the principles of international law relevant to the resolution of legal disputes arising from sovereign insolvency conflicts. It attempts to contribute to the “incremental” approach literature by identifying principles, justifying their application in litigation and assessing whether they may help to reconcile the trade-offs prevalent in that context. For that purpose, this Thesis distinguishes between two different types of principles. First, it investigates the “Principles of Public International Law” (henceforth, “PIL principles”). Said category refers to norms of the law of nations which can be considered functionally and structurally similar to domestic constitutional principles (i.e., that can be regarded as “optimization” or “prima facie” requirements). This Thesis underscores the PIL principles protecting the interests of the creditors and citizens as well as the “public interest”, arguing that decision makers face a trade-off between these principles in the context of restructurings. Secondly, this Thesis inquires into the “general principles of domestic law” (henceforth, “GPDs”) which can be applied in sovereign debt restructuring. Two GPDs are identified: a “stay” on litigation and a “cram down” on dissenting creditors’ claims. Although both principles have been identified by the prior literature, this work advances a small but significant “twist” in the methodology used for that purpose: it relies exclusively on functional and comparative analysis. Moreover, this work justifies the application of said GPDs for two jurisdictions: New York and Germany. Finally, it posits that those GPDs can help to mitigate the trade-offs between PIL principles, thus reconciling the interests at stake.

Ex ante contracts to arbitrate tort claims - A law and economics perspective

This research addresses the use of ex ante contracts to arbitrate tort claims in domestic settings using law and economics research methodologies. Potential economic benefits from using arbitration, particularly between informed and knowledgeable parties and in international business transactions, are not guaranteed in domestic disputes. Arbitration can potentially be used to manipulate the adjudication process. This research has several findings. There is a lack of information available concerning the use of arbitration to adjudicate tort claims. Proxy measurements concerning the demand for third party adjudication and other legal indicators are a poor substitute for the information hidden behind the veil of arbitration. There is the potential for the strategic use of ex ante contracts to arbitrate tort claims by repeat player tortfeasors to domestic tort claims, both individually and in concert with other repeat player firms. These strategic efforts aim to: manipulate enforcement errors for tort claims, avoid procedural rules which have the effect of lowering enforcement errors, enable a unique type of domestic forum arbitrage, shirk from taking due care, capture the economic benefit of using arbitration, manipulate the stock of precedents and production of public goods from courts, collude in these underlying efforts, restrain competition, indirectly fix prices, and other aims which increase the repeat player tortfeasor’s or their industries economic gains related to their underlying contracts and tort disputes. This research also demonstrates how this subject is appropriate for further academic research and why states should be cautious of giving carte blanche to arbitrate all domestic tort claims.

Moratorium march September 18 1970 in Brisbane

Protestors with banner during the Moratorium march in Brisbane Australia, September 18 1970.

Dockers utility in Labour Day procession 1965 Brisbane Australia

Holden utility carrying members of the Federated Ship Painters and Dockers Union during the Labour Day march in 1965, Brisbane, Australia. Anti conscription banners can be seen in the background, and the facade of the Pearl Assurance Building.

Union for Civil Liberties Demonstration 1967 Brisbane Australia

People listening to speakers during the Union for Civil Liberties Demonstration September 1967 in Brisbane. The demonstration was called by the Trades and Labour Council of Queensland to protest against police treatment of university students and staff in Roma Street, Brisbane during a protest march. The march, from the University of Queensland to the city, had been held a few days earlier.

Moratorium marchers with linked arms in Brisbane 1970

Demonstrators in Brisbane, Australia with banners and flags during Moratorium march 1970.

Women wearing peace aprons during Peace march in Brisbane, Australia 1963

Women wearing peace aprons during Peace march in Brisbane, Australia 1963. Cars can be seen in the background.

Marchers holding banner declaring For their sake fight for peace during the 1963 Peace March, Brisbane, Australia

Marchers holding banner during Peace march in Brisbane, Australia 1963. Tram and car can be seen in the background. Banner declares For their sake fight for peace, their future is in your hands.

Young parents with children during Aldermaston Peace march in 1964

Young parents with children during Aldermaston Peace march, Sunday, April 5th 1964. The Aldermaston march covered the distance between Ipswich and Brisbane, Australia, walked in relays covering approximately two miles each. Most relay sections were sponsored by one or more individual organisations.

Participants with Ipswich to Brisbane banners during Aldermaston Peace march in 1964

Participants with Ipswich to Brisbane banners during Aldermaston Peace march, Sunday, April 5th 1964. The Aldermaston march covered the distance between Ipswich and Brisbane, Australia, walked in relays covering approximately two miles each. Most relay sections were sponsored by one or more individual organisations.

Holden bearing banner Northern Suburbs for Peace during Aldermaston Peace march in 1964

Holden bearing banner Northern Suburbs for Peace during Aldermaston Peace march, Sunday, April 5th 1964. The Aldermaston march covered the distance between Ipswich and Brisbane, Australia, walked in relays covering approximately two miles each. Most relay sections were sponsored by one or more individual organisations.