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The religious tradition of male circumcision has come increasingly under attack across a number of European states. While critics of the practice argue that the problem is about children’s rights and the proper relationship between secular and religious traditions, Jews tend to see these attacks within the longer history of attempts to assimilate and remake them according to the norms of the majority. Using the 2012 German legal controversy concerning the issue as my vantage point, I explore how contemporary criticism of male circumcision remains entangled with ambivalence toward Judaism and the Jews as the “other.” Through a close reading of the arguments, I show how opponents use the seemingly neutral language of universal human rights to (re)make Jewish difference according to the norms of the majority. I conclude by arguing that such an approach to this issue runs the risk of turning Jews once again into strangers at a time when cultural anxieties are troubling European societies.

Mrs Barbara Castle in her White Paper In Place of Strife, laid emphasis on how ‘the growing independence of modern society means the use of the strike weapon in certain circumstances can inflict disproportionate harm on the rest of society’. The recent strike of the miners, the earlier activities of the electricians, and the activities of the Transport Unions emphasize this point. Some, if not all unions, have power to wreak havoc on the state. Indeed, they indicate their power to threaten the sovereignty of the state. The problem of labour peace is no longer purely an economic one: it is political. In the 19th Century the task of government was to keep clear of intervention in the economic sphere. And this liberal view is apparently still held by some of those in the large trade unions. Nevertheless, one of the indisputable functions of government is to maintain order, and where it fails it is moribund. The problem of the 20th Century is to reconcile the apparently conflicting interests of labour, capital and all the citizens which comprise the state. This is not simply a problem of labour economics but a problem of government, too.

Civil liability is a concern of all police agencies. Research has tended to focus on the extent of liability and factors that lead tocivil suits. However, few have studied howofficers perceive civil liability issues. This article explores how officers perceive the impact of civil liability on their actions in the field. Furthermore, it considers how officers feel about administrative measures used by departments to reduce liability.

This chapter provides a theoretical framework of dispute settlement to explain the surge in blocking incidence of GATT panel reports during the 1980s and the variations in withdrawn incidence versus total disputes across different decades of the GATT regime. The study first suggests the role of the degree of legal controversy over a panel ruling in determining countries' incentives to block (appeal) a panel report under the GATT (WTO) regime. The study then analyzes the effects of political power on countries' incentives to use, and their interactions in using, the dispute settlement mechanism, given two-sided asymmetric information regarding panel judgement.

Autonomous taxation of expenses (ATE) is a special and contentious feature of corporate income taxation in Portugal. By taxing of an expanding set of corporate expenses, it has caused many conflicts between the Portuguese tax authority and corporate taxpayers. Many of these conflicts emerged from the legal interpretation of ATE’s clauses, while others derived from frequent, and difficult to apply, legislative changes. The purpose of this paper is to focus on the following research question: does the recent evolution of the rules on ATE show an efficient process of making and interpreting tax law in Portugal? The authors intend to analyze the process of making and changing ATE’s rules, as well as to study how interpretative complexity increases conflicts between tax authorities (TA) and taxpayers.

The methodology used is a mix of the legal research method, namely, doctrinal methodology, with an analysis of jurisprudential and arbitration trends in litigation rulings, blended with the case study analysis of ATE in Portugal. Arbitration rulings will have a particular relevance to the analysis.

The main conclusion is that, urged by the need of revenues, and sensitive to the TA’ argument of ATE’s loopholes, the government hastened to close them. However, given the procedure adopted, new legal questions aroused, creating additional layers of complexity for companies, courts and tax auditors. Constitutional issues were highlighted by companies based on the prohibition of retroactive application of tax laws.

The paper has a conceptual nature and its conclusions cannot be automatically extended to other tax controversies or processes of amending tax laws. However, for the legal and accounting professions it offers valuable lessons in law interpretation and political lobbying to change tax laws. Also, in the international tax scene, some countries also introduced ATE, with potential for similar problems.

Regarding ATE’s streamlining, the process recently observed in Portugal was not, in authors’ view, managed in the best way, leaving a significant number of difficulties to be solved by courts. The change in ATE’s legal framework could have been more carefully managed, avoiding costly and time consuming disputes, in order to minimize compliance costs.

The paper contributes to the literature because this Portuguese experience, while highlighting the difficulties in making tax law, can be seen as a lesson on how to improve these processes, avoiding time and costs for business, TA and courts. Moreover, arbitration is a way of solving tax disputes that has been gaining ground in Portugal. In this respect, the paper also contributes to a better perception of the tax arbitration scenario in anEuropean Union country. It is also important for the accounting profession, whose members have often to deal with tax topics and the interpretative complexities they originate.

The regulatory approach to insider trading (IT) in Australia is premised on a “blend” of fairness and efficiency which has generated an important controversy. The study aims to investigate this controversy by critically analysing the way the policy maker and judiciary have been striving to accomplish the regulatory goals based on this blend.

This research is based on existing primary and secondary legal resources.

Regulation of insider trading (IT) with an appropriate enforcement mechanism has become an important issue in Australia. As part of this, a range of legal studies have unveiled significant difficulties in successfully prosecuting insiders which largely reflect a serious disappointment with the operation of the IT law. Whilst the output of this research motivates and enhances a broad scholarly debate on the credibility of the current regime in combating IT and in generating a strong form of deterrent against prospective insiders, there has been a dearth of intellectual inquiries (to the best of the author's knowledge) backed up by a reliable assessment about the merits of the law, and especially about the issue of how the courts are applying a “blend” of the two policy rationales: market fairness and market efficiency in resolving particular circumstances. It is submitted that this paper will contribute to filling this gap in the legal literature and the wider academic deliberation on the quality and effectiveness of the IT regime.

This paper is the original work of the author and has not been submitted elsewhere for publication.

Despite the preservation of “One Country, Two Systems” for 50 years under the Sino-British Joint Declaration and Basic Law, changes are palpable due to the emergence of a real contest between liberal and pro-China actors in the legal profession and the legal environment in Hong Kong. After celebrating the twentieth anniversary of Hong Kong’s sovereignty transfer from Britain to China, it is valuable to study how the sovereign power influence the rule of law in its semiautonomous city by non-legal measures. This paper aims to offer a preliminary research on China’s political economic strategy, which is regarded as the “China factor”, in the legal system of Hong Kong, and its political, economic and legal-cultural impacts on the rule of law.

This paper argues that China exerts its influence over the legal system of Hong Kong in four domains, including ideology, political elections, legal organization and cross-border political economy. Based on media research and content analysis over published materials of various legal associations and institutions, it is found that China attempts to consolidate its control in Hong Kong by producing alternative legal ideology and discourse of the rule of law and by co-opting the legal profession under China’s united front strategy.

While there are liberal lawyers and legal scholars vocally engaging in defense of human rights and the rule of law in Hong Kong, a network of legal profession promoting socialist and authoritarian legal values has become prominent. Hong Kong’s legal culture will continue to be shaped in accordance with authoritarian characteristics and will adversely affect developing the rule of law in this international city.

This paper contributes to the study of China’s influence over the legal profession of Hong Kong and in general Hong Kong’s jurisdiction by offering an example to the international community that contributes towards understanding how China adopts different strategies to expand political significance beyond its border.

The study aims to determine whether a relationship exists between the potential significance of corporate controversies for stakeholders and how organisations respond to them in their annual and sustainability reports.

This paper employs content analysis on annual and sustainability reports of 48 listed companies from the Refinitiv database. The logit regression was used to estimate the model.

The study revealed that the main factors increasing the probability of a controversial issue being addressed in a corporate report are the controversy’s potential significance, companies’ financial performance and lawsuits.

Our study has three major limitations. These are a relatively small sample of companies and reports, focusing on disclosures made in corporate reports and omitting other channels of communication, for example, social media, and a certain amount of subjectivity in the process of coding information.

Former studies show that corporations face a serious risk of their hypocritical strategies becoming too evident for stakeholder groups. Our findings suggest that the risk is already materialising and may undermine the idea of CSR and sustainability reporting.

Our research focuses on high-profile adverse incidents widely reported in the media, the omission of which from corporate reports seems to constitute a particular case of organised hypocrite. It also demonstrates that companies use an impression management strategy to defuse adverse publicity and that major controversies cause minor ones to be omitted from their reports.