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We argue that the proliferation of governance in the public sector has raised questions regarding individual constitutional rights. While some proclaim cost savings and entrepreneurial solutions to vexing social ills, others suspect that these benefits donʼt outweigh the risk of diminished accountability and the loss of constitutional protection over public service production. We propose a new model to examine the relationships between direct government, governance, public value, and public law value. We apply this model to analyze two landmark Supreme Court cases and one contemporary federal appellate court case to explore the ongoing tension between the governance model and public service production. Our findings suggest that enforcible contract language and public-private entwinement can be used as tools to protect constitutional rights in the face of increasing pressure of governance approaches.

Nobody concerned with political economy can neglect the history of economic doctrines. Structural changes in the economy and society influence economic thinking and, conversely, innovative thought structures and attitudes have almost always forced economic institutions and modes of behaviour to adjust. We learn from the history of economic doctrines how a particular theory emerged and whether, and in which environment, it could take root. We can see how a school evolves out of a common methodological perception and similar techniques of analysis, and how it has to establish itself. The interaction between unresolved problems on the one hand, and the search for better solutions or explanations on the other, leads to a change in paradigma and to the formation of new lines of reasoning. As long as the real world is subject to progress and change scientific search for explanation must out of necessity continue.

Aim of the present monograph is the economic analysis of the role of MNEs regarding globalisation and digital economy and in parallel there is a reference and examination of some legal aspects concerning MNEs, cyberspace and e‐commerce as the means of expression of the digital economy. The whole effort of the author is focused on the examination of various aspects of MNEs and their impact upon globalisation and vice versa and how and if we are moving towards a global digital economy.

“Communism has never concealed the fact that it rejects all absolute concepts of morality. It scoffs at any consideration of “good” and “evil” as indisputable categories. Communism considers morality to be relative, to be a class matter… It has infected the whole world with the belief in the relativity of good and evil.” Aleksandr I. Solzhenitsyn, Warning to the West, 1975.

This chapter restores the concepts of freedom, consciousness, and choice to our understanding of “economic laws,” so we may discuss how to respond to economic crisis. These are absent from orthodox economics that presents “globalization” or “the markets” as the outcome of unstoppable forces outside human control.

They were integral to the emancipatory political economy of Karl Marx but have been lost to Marxism, which appears as the inspiration for mechanical, fatalistic determinism. This confusion arises from Marxism's absorption of the idea, originating in French positivism, that social laws are automatic and inevitable.

The chapter contests the organizing principle of this view: that economic laws are predictive, telling us what must happen. Marx's laws are relational, not predictive, laying bare the connection between two apparently distinct forms of appearance of the same thing, such as labor and price. Such laws open the door to democracy and choice, but do not unambiguously predict the future because what happens depends on our actions.

The commodity form conceals these laws, disguising the true social and class relations of society. Accumulation, however, undermines the circumstances that permit the commodity to play this role. The result is crisis, defined in this chapter as the point when the blind laws of the commodity form are suspended and open political forces come into play.

In past crises, capitalism has restored the rate of profit through such destructive interventions as imperialism, war, and fascism. Economic laws, properly defined, offer society the real choice of alternative outcomes from crisis.

In this paper, we explore an extensive panel data set covering more than 4,000 listed firms in 16 European countries to study the effects of shareholder protection on ownership structure and firm performance. We document a negative firm-level correlation between shareholder protection and ownership concentration. Differentiating between shareholder types, we find that this pattern is mainly driven by strategic investors. In contrast, we find a positive correlation between shareholder protection and block ownership of institutional investors, in particular when we restrict the analysis to independent institutional investors. Finally, we find that independent institutional investors are positively associated with firm valuation as measured by Tobin’s Q. The opposite applies for strategic investors. Overall, our results are consistent with the view that (i) high shareholder protection and (ii) limited ownership by strategic investors make small investors and investors interested in security returns more confident in their investments.

The law of value performs its regulatory function in the capitalist system where the private ownership of means of production and commodity production prevail. Under the centrally directed system of socialism, the economic process must be determined by plans and valuations of the central authority to maintain the consistency of the system′s internal co‐ordinating mechanism. In theory, the process of building socialism is a process of the withering away of the operation of the law of value. Recognition of the law of value as a permanent feature of the socialist economic system means conceding either a lack of understanding of the fundamental differences between capitalism and socialism, or the failure of the Marxist‐Leninist dogma. It also acknowledges that the Soviet system of socialism was exposed to increasing contamination by elements incompatible with socialism and was gradually transformed into its opposite – a form of centrally regulated exchange economy where a new ruling class, grown from the Party, was (and temporarily still is) in control of public ownership of means of production, as well as of all markets. The evolution of Soviet socialism from the October Revolution to its disintegration can be characterized by its passage through distinct “official” attitudes towards the role of the law of value. Its denial under the totally centralized economy of War Communism was followed by its temporary reintroduction under the New Economic Policy, then the recognition of its restricted functioning during the transitory phase from socialism to communism, then its recognition as a permanent feature of socialism, and finally its abandonment together with the rest of the Marxist‐Leninist dogma following both the doctrinal and economic crises in the 1990s.

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.

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.

This paper aims to provide guidance to law reformers in Uganda on the best approach to insolvency law reform and the objectives that should be furthered.

This paper provides a literature review.

A balance of various objectives serves the purpose of a modern insolvency law system.

These findings would enable future reforms in Uganda to be streamlined towards a particular objective rather than a general approach to insolvency regulation.