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Giorgio Agamben has used the notion of the state of exception to describe the United States’ detention camps in Cuba. Agamben argues that the use of the state of exception in the U.S. can be traced back to President Lincoln's suspension of the right of habeas corpus during the Civil War. This paper suggests that this argument obscures more relevant legal and political precedents that can be found in U.S. territorial legal history. Moreover, while Agamben's argument obscures conceptual distinctions between a state of emergency and a state of exception, his argument also provides resources that can expose the limits of liberal interpretations of the relationship between the State, the citizen, and the law.

This chapter generally concerns how elements of liberal democratic constitutional discourse have functioned to normalize emergency and possible state of exception governance during the COVID-19 pandemic. More specifically, the chapter focuses on the transference of legislative power to the executive under conditions of emergency rule and how it is possible for delegated emergency lawmaking to operate beyond the limits of what is constitutionally permissible; thus, triggering a state of exception. The chapter uses the deployment emergency rule during the pandemic in The Bahamas as a case study to show how ambivalence and legal uncertainty were the two principal drivers of the normalization process produced by elements of constitutional discourse, and then further explains how constitutionalism, generally, and in its dysfunctional application, can reinforce the processes normalizing emergency and possible state of exception governance.

I discuss the case of Hassan Almrei, one of the five Arab men detained as suspects who have the potential to engage in terrorism. Hassan Almrei's detention arises out of a section of the Immigration and Refugee Protection Act of Canada that authorizes security certificates. A security certificate permits the detention and expulsion of non-citizens who are considered to be a threat to national security. Detainees have no opportunity to be heard before a certificate is issued and a designated judge of the Federal Court reviews most of the government's case against the detainee in a secret hearing at which neither the detainee nor his counsel is present. The detainee receives only a summary of the evidence against him. I discuss this legal situation as a state of exception that is part of a legal structure in which non-citizens have fewer rights than do citizens. Two conceptual tools shape my understanding of security certificates and their use in the “war on terror”: race thinking and the state of exception. The five detainees are more than simply victims of racial profiling. Their Arab origins, and the life history that mostly Arab Muslim men have had, operate to mark them as individuals likely to commit terrorist acts, people whose propensity for violence is indicated by their origins. When race thinking, the belief in the division of humanity into those prone to violence and those who are not according to racial descent, is accompanied by the idea that there must be two different, hierarchical legal regimes for each, and when we begin to grow accustomed to places without law and to people to whom the rule of law does not apply, we enter the terrifying world of the colonies and the concentration camp. This article examines how a space where law is suspended operates in the “war on terror” and it attends to the work that ideas about race do in the environment of the exception.

The pandemic entering our lives globally challenges us to think about questions related to the cities and new forms of social life as the cities are never seen last any longer without a crisis. There have been various debates among philosophers on this issue. Some philosophers reject the new administration policies by claiming that the ‘physical distance’ required for health has been used for power under the name of ‘social distance’ with the custody of the street and point out that these policies have created new forms of control, among economically, politically, and socially. Some others are more hopeful and believe that the crisis can build a new economic and social life; it can be an opportunity to find a new starting point; especially from being confined in the pandemic process. The author will refer to Agamben’s thoughts to understand how the state of exception turned into a rule and how it affects street politics. In this context, COVID-19 is seen as a ‘state of exception’ that normalises all the dominative practices, strengthens sovereignty by designing the social/economical life like a camp. In the pandemic process, people were accustomed to isolation by the administrations under the name of social distance, just like in a camp life. At this point, Agamben’s analysis should be understood in relation to a biopolitical paradigm and can be expanded to reflect on street economy, street politics, and the life of cities.

From its first patent statute, the United States awarded patents to the first person to invent. The rest of the world eventually adopted “first to file” regimes, in which the first person to file a patent application was awarded the patent. In 2013, the United States moved closer to harmonizing with the rest of the world. The America Invents Act created a “first inventor to file” system, representing the most dramatic change in US patent law in over fifty years. This chapter explores the new provisions by offering a basic operation of how they operate. It then discusses the myriad of new administrative procedures at the United States Patent and Trademark Office that were created in the America Invents Act. These procedures have the potential to challenge patents more cheaply than in litigation. The chapter discusses the various requirements and limitations of these provisions.

Political economy is a term in wide use and has been for centuries. Yet standard economic theory reduces politics to ethics or economics. This reduction is enabled by the presumption of closed choice data or given utility and cost functions. In this conceptual framework, the political vanishes into an activity of preference satisfaction according to a welfare function (ethics) or into trade (economics). To bring the political back to life within a theory of political economy requires that closed schemes of thought be replaced by open schemes. The ways in which individuals react to the indeterminacy of their subjective choice data, in innocuous small-scale settings as well as in situations of dramatic exception to constitutional rules, separates them into leaders and followers. Followership creates an opportunity for political enterprise at the social level (enterprise in rules) and at the subjective level (enterprise in visions of options, and hence preferences). At both levels the political comes to the fore of political economy as an answer to the “challenge of exception.” Much of our inspiration for this argument traces to the work of Friedrich Wieser, Carl Schmitt, and Vincent Ostrom.

Western liberal states are considered to be secular in nature, with a presumed neutrality of state laws from religious values and norms. However, this claim overlooks the inherent influence that religious groups (namely, dominant Christian churches and groups) have as informal institutions. According to neo-institutionalists, informal institutions, like these religious norms and values, interact with and influence formal state institutions. As such, it could be argued that the norms and values of dominant religious groups within the state have a role in shaping governmental policies and the law. This is evident when examining the debates around multiculturalism and religious freedom that arise in liberal democratic states such as Australia, Canada, and the United Kingdom (UK). In particular, the recent Sharia debates that have arisen in each of these jurisdictions illustrate that the secular state legal system is often positioned as “neutral” and free from religious influence – and thus incompatible with, and unable to, accommodate the religious orders of minority groups. However, this idea that the state is entirely free from religious values is a fallacy that ignores the historical role and influence of Christian churches in each state. In opposing the accommodation of Sharia in private dispute resolution, common arguments include the inherent patriarchal nature of the religion leading to further oppression and disadvantage of Muslim women when seeking resolution of personal law matters (i.e. divorce and property settlements). The secular state law is positioned against this (and religion more broadly) as the “fair” and “just” alternative for minority women – protector of individual rights. Though this ignores the inherent gender hierarchies embedded within formal state institutions, including the legal system that has been implicitly shaped by religious moral values to varying degrees – where minority women are also faced with a set of gender biases. When combined with the internal pressures from their communities and families this can often place them in a double-bind of disadvantage. In this paper, I draw on feminist institutionalism to examine the informal institutional norms that arise from dominant Christian churches in Australia, Canada, and the UK. In particular, the ways in which these informal norms have influenced the development of state laws, and continue to operate alongside the legal system to shape and influence governmental policies, laws, and ultimately the outcomes for Muslim women.

In this paper we report on the approach we have developed and the lessons we have learned in an implementation of the monitoring and control layer for continuous monitoring of business process controls (CMBPC) in the US internal IT audit department of Siemens Corporation. The architecture developed by us implements a completely independent CMBPC system running on top of Siemens’ own enterprise information system which has read-only interaction with the application tier of the enterprise system. Among our key conclusions is that “formalizability” of audit procedures and audit judgment is grossly underestimated. Additionally, while cost savings and expedience force the implementation to closely follow the existing and approved internal audit program, a certain level of reengineering of audit processes is inevitable due to the necessity to separate formalizable and non-formalizable parts of the program. Our study identifies the management of audit alarms and the prevention of the alarm floods as critical tasks in the CMBPC implementation process. We develop an approach to solving these problems utilizing the hierarchical structure of alarms and the role-based approach to assigning alarm destinations. We also discuss the content of the audit trail of CMBPC.