Journal articles: 'Illegalità'

1

Saitta, Pietro. "Poteri e resistenze. Economie informali, illegalità, subalternità." SOCIOLOGIA E RICERCA SOCIALE, no. 107 (September 2015): 5–26. http://dx.doi.org/10.3280/sr2015-107001.

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Leszczyński, Grzegorz. "Charakterystyka rekursu do II sekcji Sygnatury Apostolskiej." Prawo Kanoniczne 51, no. 3-4 (December 10, 2008): 261–74. http://dx.doi.org/10.21697/pk.2008.51.3-4.13.

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Perché un fedele possa iniziare la procedura contenzioso amministrativa deve possedere la capacità giuridica, sia generale sia processuale, ma soprattutto l’interesse di agire, l’interesse che deve essere personale, diretto e attuale. La parte ricorrenete può essere una persona fisica o giuridica e può essere anche l’autorità amministrativa inferiore, cioé l’autore dell’atto che è stato impugnato in sede di ricorso gerarchico. La parte resistente è sempre un Dicastero della Curia Romana. Il motivo del ricorso è illegalità dell’atto e così detta la violatio legis. Il soggetto del ricorso è l’atto amminitrativo emanato da un Dicastero della Curia Romana. Questi sono i fondamentali elementi del ricorso presentato presso la seconda sezione dell’Segnatura Apostolica che ho cercato precisare e complementare in presente articolo.

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Scalia, Vincenzo. "La criminalità organizzata in Italia e in Messico. Dalla costruzione sociale al contrasto: una comparazione." SICUREZZA E SCIENZE SOCIALI, no. 3 (November 2022): 185–96. http://dx.doi.org/10.3280/siss2022-003010.

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Negli ultimi anni la criminalità organizzata è diventata un elemento di richiamo nelle cronache messicane. In Italia, negli ultimi trenta anni, la lotta alla criminalità organizzata ha conosciuto la ribalta pubblica, costituendo un elemento attorno a cui costruire le politiche pubbliche e orientare l'azione di diversi governi. Ma che cosa è la criminalità organizzata? Come nasce? Come si sviluppa? Quali sono le differenze e le similitudini in Italia e in Messico? Analizzando gli approcci teorici e la storia delle organizzazioni criminali, l'autore prova a fornire uno spunto analiti-co che ruota attorno ai concetti di "legalità illegalizzata" e "illegalità legalizzata", provando a inquadrare il fenomeno come una costruzione sociale inscritta nei conflitti di potere che si formano in ogni società. Si prova a dimostrare come il ruo-lo dello stato è fondamentale nella definizione del problema, e che le politiche di repressione, in quanto non guardano alla rete criminale, ma solo al fenomeno este-riore, tendono ad aggravare il problema e a violare i diritti umani.

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Menjívar, Cecilia. "The Racialization of “Illegality”." Daedalus 150, no. 2 (2021): 91–105. http://dx.doi.org/10.1162/daed_a_01848.

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Abstract This essay examines the intertwined nature of seemingly neutral immigration laws that illegalize certain immigrant groups and the socially constructed attitudes and stereotypes that associate the same legally targeted groups with “illegality,” to produce the racialization of illegality. These complementary factors are further sustained by other social forces, including media discourses that reify those associations. The racialization of illegality is a fundamentally situational, relational, dynamic, and historically and context-specific process. Today, Latino groups are the preeminent target group of both the social and the legal production of illegality. Thus, this essay examines Latinos' racialized illegality across geographical contexts, within their group, and in relation to other contemporary immigrants. Although expressions of racialized illegality and specific targeted groups will vary across time and space, the contours of the phenomenon will be present across contexts and times (and produce specific outcomes) because they are shaped by existing racial hierarchies.

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Pergolizzi, Antonio, and Emanuela Somalvico. "Le bonifiche delle discariche in procedura di infrazione UE. Criticità, infiltrazioni criminali e proposte di policy." PRISMA Economia - Società - Lavoro, no. 2 (February 2022): 68–82. http://dx.doi.org/10.3280/pri2020-002005.

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L'articolo passa in rassegna la lunga e complessa evoluzione, politica e normativa, delle procedure di bonifiche dei siti contaminati, individuando criticità, contraddizioni, opacità, lentezze e manifestazioni di illegalità. A livello generale, almeno due sono emerse come le principali criticità di sistema, che hanno fatto da freno alle attività concrete di bonifica: 1) criteri non idonei di scelta per l'identificazione del sito da bonificare; 2) errata ripartizione delle responsabilità tra gli enti territoriali, che spesso non hanno adeguati mezzi e risorse, soprattutto in termini di personale qualificato per rispondere a procedure così complesse. Anche da questa prospettiva, l'inquinamento diffuso provato anche dalla presenza dei siti da bonificare rappresentano il punto finale di un processo di sviluppo industriale e consumistico privo di regole e di limiti. Deregulation che è valsa per almeno un quarantennio, un ampio arco temporale in cui il territorio nazionale ha visto l'esplosione dei siti inquinati (di interesse nazionale, regionale o comunale), dove per almeno 200 casi l'Unione Europea ha addirittura aperto due distinte procedure d'infrazione. Procedure che sono costate all'Italia oltre 40 milioni, più una penalità semestrale iniziale di 42.800.000 euro. Per far fronte a questo salasso il 24 marzo 2017 il Governo dell'epoca ha costituto il Commissario Straordinario di Governo per svolgere la missione di bonifica e messa in sicurezza degli 81 siti di discarica abusivi sotto procedura di infrazione a seguito della Sentenza di condanna sanzionatoria della Corte di giustizia dell'Unione Europea del 2 dicembre 2014.

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Kurimay, Tamas. "Illegality 1988." Contemporary Family Therapy 12, no. 5 (October 1990): 381–91. http://dx.doi.org/10.1007/bf00891708.

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7

Loke, Alexander F. H. "Tainting illegality." Legal Studies 34, no. 4 (December 2014): 560–81. http://dx.doi.org/10.1111/lest.12027.

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The assertion of contractual rights may be defeated by the illegality defence, not because their creation is offensive to public policy but by reason of an illegality that ‘taints’ these rights. To date, no analytical framework has been developed for understanding how these tainting rules are connected to one another. The Tainting Illegality Framework (TIF) presented in this paper seeks to fill this gap in current legal scholarship by exploring, first, the linkages between the rules by which contract rights are tainted and, secondly, the theoretical underpinnings that explain the existing tensions and that will continue to shape the law in this area. The suggested analytical approach enriches and increases the sophistication of the current approaches by considering how their application is shaped by considerations of proximity and the nature of the contaminating illegality. The framework recognises the value of the existing rules, and seeks to enrich the analytical approach by suggesting how their application can more transparently reflect the policy rationale for applying the illegality defence.

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Flores, René D., and Ariela Schachter. "Who are the “Illegals”? The Social Construction of Illegality in the United States." American Sociological Review 83, no. 5 (September 14, 2018): 839–68. http://dx.doi.org/10.1177/0003122418794635.

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Immigration scholars have increasingly questioned the idea that “illegality” is a fixed, inherent condition. Instead, the new consensus is that immigration laws produce “illegality.” But can “illegality” be socially constructed? When initially judging who is an “illegal immigrant,” common observers and even authorities typically do not rely on an individual’s documentation. Instead, people rely on shared stereotypes to assign “illegality” to certain bodies, a condition we refer to as “social illegality.” Ethnographers have documented that individual traits like occupation or national-origin may trigger illegality suspicions, but it is not clear how widespread these stereotypes are, or whether all stereotypes are equally consequential. To address this question, we examine the personal attributes shaping perceived “illegality.” We apply a paired conjoint survey experiment on a nationally representative sample of 1,515 non-Hispanic white U.S. adults to assess the independent effect of each dimension. We find that national origin, social class, and criminal background powerfully shape perceptions of illegality. These findings reveal a new source of ethnic-based inequalities—“social illegality”—that may potentially increase law enforcement scrutiny and influence the decisions of hiring managers, landlords, teachers, and other members of the public.

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9

Chorus, Jeroen M. J. "Illegality and Restitution." European Review of Private Law 14, Issue 3 (June 1, 2006): 437–58. http://dx.doi.org/10.54648/erpl2006025.

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Under Dutch Law juridical acts may conflict ? by their mere accomplishment, their content, or their purport ? with a statute, good morals, or public order. This may be a ground for nullity, produce other effects, or have no consequences at all. Though not conflicting with law in such a way, a juridical act will not be (fully) enforceable, if a performance under an act would result in a violation of statute, good morals, or public order. The Dutch condictio indebiti also covers performances other than giving money or any other property, e.g. services rendered. The Dutch Law of Restitution is remarkable in that generally both parties may reclaim what they performed on an illegal contract. Under the 1992 Civil Code, unlike beforehand, there is now some room for the in pari delicto defence, albeit very little. Only where a particular performance made by one party is so repugnant that it defies assessment of its value, this party may, sometimes, avail itself of this defence against the condictio indebiti of the other party. If a contract, though not null, is not enforceable but has nevertheless given rise to performances, condictiones indebiti may equally lie.

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10

Fadahunsi, Akin, and Peter Rosa. "Entrepreneurship and Illegality." Journal of Business Venturing 17, no. 5 (September 2002): 397–429. http://dx.doi.org/10.1016/s0883-9026(01)00073-8.

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11

Li, Lantian. "Legitimation of Illegality in Authoritarian States: The Case of Transnational Illegal Drug Brokerage in China." Asian Journal of Law and Society 9, no. 1 (November 2, 2021): 108–32. http://dx.doi.org/10.1017/als.2020.57.

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AbstractThis paper analyzes how illegality can be legitimized in authoritarian states by examining a contested case of transnational illegal drug brokerage in China. Triangulating news articles, legal documents, and interviews, the study distinguishes between two pathways of illegality legitimation: depoliticized and politicized. I argue that the depoliticized pathway is made possible through pragmatic, moral, and legalistic frames, whereas the politicized pathway builds upon an institutional frame. I also identify the media as essential agents of illegality legitimation. While illegal-practice participants and the legal authority tend to only mobilize depoliticized frames, the media make both depoliticized and politicized efforts. Through this in-depth analysis, the paper deepens our understanding of the social construction of illegality and the intricate relation between law, media, and society within authoritarian states.

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Garza, Ana Gutiérrez. "The temporality of illegality." Focaal 2018, no. 81 (June 1, 2018): 86–98. http://dx.doi.org/10.3167/fcl.2018.810107.

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Through an ethnography of undocumented migrants from Latin America to London, I explore the temporality of illegality as a piecemeal process in which migrants find themselves embodying new ways of being in the world. I investigate the power of illegality beyond its legal connotations and through the analysis of the everyday experiences of migrants in London, I show how it affects the external structure of migrants’ worlds, as well as their subjectivities. I show how the illegal status is imagined, embodied, and sustained over an indefinite and uncertain length of time. Undocumented migrants in London are required to slowly adapt, to wait through anxious engagements with other people, and to deal with a legal system that controls their fractured presents and their uncertain futures.

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13

김준호. "Illegality of Entrapment Investigation." Korean Lawyers Association Journal 57, no. 7 (July 2008): 254–83. http://dx.doi.org/10.17007/klaj.2008.57.7.006.

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14

Steinbock, Bonnie. "The Relevance of Illegality." Hastings Center Report 22, no. 1 (January 1992): 19. http://dx.doi.org/10.2307/3562718.

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15

Hopper, Martyn. "Financial Services Regulation – Illegality." Judicial Review 3, no. 1 (March 1998): 40–44. http://dx.doi.org/10.1080/10854681.1998.11426988.

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Tuffs, Annette. "Germany: Illegality of abortion." Lancet 341, no. 8858 (June 1993): 1467. http://dx.doi.org/10.1016/0140-6736(93)90899-r.

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17

Chavez, Leo R. "The Condition of Illegality." International Migration 45, no. 3 (August 2007): 192–96. http://dx.doi.org/10.1111/j.1468-2435.2007.00416.x.

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18

Jones-Correa, Michael, and Els de Graauw. "The Illegality Trap: The Politics of Immigration & the Lens of Illegality." Daedalus 142, no. 3 (July 2013): 185–98. http://dx.doi.org/10.1162/daed_a_00227.

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The focus on undocumented immigrants in contemporary U.S. immigration debates, often at the expense of other immigration issues, has led to an illegality trap. This situation has serious negative consequences for both U.S. immigration policy and immigrants, including an overwhelming emphasis on enforcement; legislative gridlock and the failure of comprehensive immigration reform; constitutional conflict resulting from tensions between national, state, and local approaches to dealing with undocumented immigration; and the puzzling absence of federal policies addressing immigrant integration. This essay argues for a reframing of “illegality” as a contingent rather than categorical status, building on the insights of Plyler v. Doe and notions of implied contract and attachment to U.S. society. Doing so, we contend, will shift the terms of the immigration debate, enabling more fruitful policy discussions about both immigration and immigrant integration.

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19

Gazzotti, Lorena. "(Un)making illegality: Border control, racialized bodies and differential regimes of illegality in Morocco." Sociological Review 69, no. 2 (January 7, 2021): 277–95. http://dx.doi.org/10.1177/0038026120982273.

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What role does race play in the construction of illegality in the face of pervasive border control? Sociologists and anthropologists of migration have apprehended illegality as a constructed category, produced by immigration policies and laws aimed at ‘illegalizing’ established mobility flows. ‘Illegality’ operates as an exclusionary category not only because it is constructed by law, but also because it is activated by racialized forms of prejudice which structure societies according to hierarchies of dangerousness, visibility and deservedness. Scholars, however, have tended to examine the entanglement between race and illegality by focusing mostly on the experience of black and brown people, especially those coming from poor countries in the Global South, thus overlooking how whiteness influences and alters the workings of border control. Drawing on qualitative data gathered between 2013 and 2019 in Morocco, this article questions the category of ‘illegality’ as it is policed at the street level and experienced by different groups of foreigners in Morocco. Building on Sara Ahmed’s understanding of whiteness as an ‘orientation’, in this article the author argues that illegality is a label which is racially altered and expanded by border bureaucrats, who use it to differentially police the presence of migrant bodies pre-emptively visualized as legal or illegal. Whereas black people undergo pervasive containment procedures, white privilege allows white migrants to be oblivious of the border, even when their administrative situation is not compliant with migration law.

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20

Purewal, Anita. "Fiduciary Duties, Secret Profits, and the Illegality Defence: Crown Prosecution Service v Aquila Advisory Ltd [2021] UKSC 49." Trusts & Trustees 28, no. 2 (December 15, 2021): 125–31. http://dx.doi.org/10.1093/tandt/ttab105.

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Abstract CPS v Aquila Advisory Ltd has provided a welcomed judgment on the application of the illegality defence in the context of secret profits accrued in breach of fiduciary duties. The judgment clarifies the priority to be given to constructive trusts over unauthorised fiduciary profits in the face of CPS confiscation orders, and examines the interrelationship between the rules of attribution and the application of the illegality defence today, namely whether a director’s unlawful intention can be attributed to their company to prevent the company, on illegality grounds, from exercising a proprietary interest over the secret profits accrued.

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21

Akhtar, Zia. "Illegality in Employment Contracts, Enforced Labour and Public Policy Considerations." European Review of Contract Law 17, no. 1 (March 12, 2021): 54–81. http://dx.doi.org/10.1515/ercl-2021-0003.

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Abstract The English law of the illegality of contracts is founded on public policy and expressed in the maxim ex turpi causa non oritur actio meaning an action cannot arise from an illegal cause. Furthermore, the position of the law is that where a contract is tainted with illegality and both parties are equally to blame then neither party can claim any right or remedy under the contract. This doctrine has to be viewed within the context of the employment contracts which are against public policy, particularly those where illegality of contract concerns irregular migrants who have been offered terms which infringe the legislation such as the Immigration Acts and the Modern Slavery Act 2015. The question in this paper is the scope of the public policy requirements that courts take into account when the contracts are unenforceable for illegality based on infringements of the human rights framework and ECHR legal precedence.

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Unal, Bayram. "Sustainable Illegality: Gagauz Women in Istanbul." MIGRATION LETTERS 8, no. 1 (January 28, 2014): 17–25. http://dx.doi.org/10.33182/ml.v8i1.150.

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This study deals with survival strategies of illegal migrants in Turkey. It aims to provide an explanation for the efforts to keep illegality sustainable for one specific ethnic/national group—that is, the Gagauz of Moldova, who are of Turkish ethnic origin. In order to explicate the advantages of Turkish ethnic origin, I will focus on their preferential treatment at state-law level and in terms of the implementation of the law by police officers. In a remarkable way, the juridical framework has introduced legal ways of dealing with the illegality of ethnically Turkish migrants. From the viewpoint of migration, the presence of strategic tools of illegality forces us to ask not so much law-related questions, but to turn to a sociological inquiry of how and why they overstay their visas. Therefore, this study concludes that it is the social processes behind their illegality, rather than its form, that is more important for our understanding of the migrants’ survival strategies in destination countries.

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García, San Juanita. "Racializing “Illegality”: An Intersectional Approach to Understanding How Mexican-origin Women Navigate an Anti-immigrant Climate." Sociology of Race and Ethnicity 3, no. 4 (June 23, 2017): 474–90. http://dx.doi.org/10.1177/2332649217713315.

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By shedding light on how Mexicans are racialized, scholars have brought racism to the forefront of migration research. Still, less is known about how “illegality” complicates racialized experiences, and even less is known about how gender and class further complicate this process. Drawing on 60 interviews with Mexican-origin women in Houston, Texas, this research explores how documented and Mexican American women are racialized, the institutional contexts in which this process occurs, and how women’s racialized experiences relate to feelings of belonging and exclusion. Findings suggest a form of discrimination that is intersectional and imbued within an anti-immigrant climate. “Racializing illegality” unfolds within institutional contexts that include the workplace, criminal justice system, educational institutions, and health care settings. Both immigrant and Mexican American women experience feelings of belonging and exclusion but face more exclusion associated with an anti-immigrant sentiment. This article shows the gravity of “illegality” as it extends across legal status, nativity, race, and generation status. It also contributes to the race and migration literature by suggesting the need for an intersectional approach to studying “illegality.”

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McKendall, Marie A., Carol M. Sinchez, and Paul Sicilian. "Corporate Governance and Corporate Illegality." Proceedings of the International Association for Business and Society 7 (1996): 167–78. http://dx.doi.org/10.5840/iabsproc1996716.

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25

Forero, Jorge Enrique. "State, Illegality, and Territorial Control." Latin American Perspectives 43, no. 1 (March 4, 2015): 238–51. http://dx.doi.org/10.1177/0094582x15571274.

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The inevitable incursion of Colombian armed groups into Ecuador remained at low levels for decades, but in the late 1990s the United States increased its level of engagement in the conflict and the Colombian government permitted the expansion of paramilitaries into the South of the country. While Rafael Correa’s Plan Ecuador privileged economic development in the border region as a way of promoting peace there, the massacre by the Colombian military in Angostura (Sucumbíos) in March 2008 led to an increase in military spending and increasing violations of the human rights of the region’s people. Socioeconomic conditions remain favorable to the expansion of the paramilitary organizations, linked to drug trafficking, gasoline smuggling, and other illegal activities. Without the resurrection of Plan Ecuador, their presence will continue to threaten the sovereignty of the state and the consolidation of its progressive national project. La incursión inevitable de los grupos armados colombianos en Ecuador se mantuvo en niveles bajos durante décadas, pero a finales de los 90s los Estados Unidos aumentaron su nivel de participación en el conflicto y el gobierno colombiano permitió la expansión de los paramilitares en el sur del país. Si bien el Plan Ecuador de Rafael Correa privilegió el desarrollo económico en la región fronteriza como una forma de promover la paz allí, la masacre por el ejército colombiano en Angostura (Sucumbíos) en marzo de 2008 generó un incremento en el gasto militar y el aumento de violaciones de los derechos humanos de la gente de la región. Las condiciones socioeconómicas siguen siendo favorables a la expansión de las organizaciones paramilitares, vinculadas al tráfico de drogas, contrabando de gasolina, y otras actividades ilegales. Sin la resurrección del Plan Ecuador, su presencia seguirá amenazando la soberanía del Estado y la consolidación de su proyecto nacional progresista.

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Tan, Zhong Xing. "The anatomy of contractual illegality." Common Law World Review 44, no. 2 (May 29, 2015): 99–122. http://dx.doi.org/10.1177/1473779515572571.

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Burrows, Andrew. "Illegality after Patel v Mirza." Current Legal Problems 70, no. 1 (2017): 55–71. http://dx.doi.org/10.1093/clp/cux008.

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Lim, Ernest. "Attribution and the Illegality Defence." Modern Law Review 79, no. 3 (April 26, 2016): 476–87. http://dx.doi.org/10.1111/1468-2230.12193.

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Hepple, Sophia. "Illegality of electrical cattle immobilisers." Veterinary Record 172, no. 6 (February 8, 2013): 165. http://dx.doi.org/10.1136/vr.f780.

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Kanbur, Ravi, Sajal Lahiri, and Jan Svejnar. "Informality, Illegality and Enforcement: Introduction." Review of Development Economics 16, no. 4 (October 18, 2012): 511. http://dx.doi.org/10.1111/rode.12000.

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Anderson, Bridget, and Martin Ruhs. "Researching illegality and labour migration." Population, Space and Place 16, no. 3 (February 10, 2010): 175–79. http://dx.doi.org/10.1002/psp.594.

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REED, HOLLY E., SOFYA APTEKAR, and AMY HSIN. "Managing Illegality on Campus: Undocumented Mismatch Between Students and Staff." Harvard Educational Review 92, no. 1 (March 1, 2022): 32–54. http://dx.doi.org/10.17763/1943-5045-92.1.32.

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Contributing to the literature on the institutional experiences of undocumented youth, this article by Holly E. Reed, Sofya Aptekar, and Amy Hsin explores undocumented and “DACAmented” students’ experiences managing their illegality on campus and how college staff and faculty manage that illegality while organizing programs and support. Their analysis of in-depth qualitative interviews conducted with more than one hundred undocumented college students and former students and thirty-five faculty and staff members at the City University of New York identifies multiple points of tension. The “undocumented mismatch” between campus management of illegality and student experiences was evident in the exclusion and alienation of non-Latinx undocumented students, stress around legal status disclosure, and challenges around the issue of data confidentiality.

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Коміссаров, А. С. "DAMAGE TO LAW ENFORCED INTERESTS UNDER THE INFLUENCE OF FORCING IN THE SYSTEM OF CIRCUMSTANCES EXCLUDING CRIMINAL CRIME." Juridical science, no. 1(103) (February 19, 2020): 57–63. http://dx.doi.org/10.32844/2222-5374-2020-103-1.08.

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The article examines the legal nature and social purpose of the circumstances that exclude the criminal illegality of the act provided for in Art. 40 of the Criminal Code of Ukraine. It is argued that an accurate assessment of the legal nature of an action to cause harm in a state of (coercion) is associated with determining the place of these actions in a number of legally homogeneous behaviors. That is why the scientific literature ambiguously addresses the question of whether to consider physical and mental coercion in the group of circumstances that exclude the criminal illegality of the act, the grounds for which are public danger and illegality of the act. It is proved that when characterizing coercion as a circumstance that excludes the criminal illegality of the act, we can talk about the elements of the structure of coercion (coercion) the activities of the coerced person to comply with the requirement, which is not a mandatory element for coercion provided in the Special Part Criminal Code of Ukraine. The position is substantiated, according to which the division of coercion (coercion) into overcoming and insurmountable is inexpedient, because irresistible influence presupposes the lack of will of the victim, as well as the ability to be aware and control their actions.

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Fisher, James C. "The ‘one man company’ after Patel v Mirza: attribution and illegality in Singularis Holdings v Daiwa Capital Markets." Northern Ireland Legal Quarterly 71, no. 3 (August 11, 2020): OA35—OA48. http://dx.doi.org/10.53386/nilq.v71i3.288.

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This note discusses the UK Supreme Court’s decision in Singularis Holdings v Daiwa Capital Markets in the context of other recent decisions on corporate attribution and the illegality principle in English law. It particularly considers Daiwa’s implications for the relationship between the illegality doctrine and other legal principles in the wake of Patel v Mirza. The court employed a context-sensitive, teleological approach to attribution, one consequence of which was the conclusive consignment of the House of Lords’ decision in Stone & Rolls Ltd v Moore Stephens to irrelevance. It nonetheless privileges orthodox, pre-Patelian authority in the disposal of the case. The court’s approach suggests that Patel is perceived as the high-water mark for expansive, policy-sensitive understanding of the illegality principle, and that its disruptive potential is likely to be carefully constrained in future decisions of the Supreme Court.

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Fisher, James. "The ‘one man company’ after Patel v Mirza: attribution and illegality in Singularis Holdings v Daiwa Capital Markets." Northern Ireland Legal Quarterly 71, no. 3 (November 5, 2020): 387–400. http://dx.doi.org/10.53386/nilq.v71i3.891.

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This note discusses the UK Supreme Court’s decision in Singularis Holdings v Daiwa Capital Markets in the context of other recent decisions on corporate attribution and the illegality principle in English law. It particularly considers Daiwa’s implications for the relationship between the illegality doctrine and other legal principles in the wake of Patel v Mirza. The court employed a context-sensitive, teleological approach to attribution, one consequence of which was the conclusive consignment of the House of Lords’ decision in Stone & Rolls Ltd v Moore Stephens to irrelevance. It nonetheless privileges orthodox, pre-Patelian authority in the disposal of the case. The court’s approach suggests that Patel is perceived as the high-water mark for expansive, policy-sensitive understanding of the illegality principle, and that its disruptive potential is likely to be carefully constrained in future decisions of the Supreme Court.

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36

Teo, Marcus. "FOREIGN LAW ILLEGALITY: PATEL’S NEW FRONTIER?" Cambridge Law Journal 80, no. 1 (March 2021): 32–35. http://dx.doi.org/10.1017/s0008197321000222.

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37

Lim, Ernest. "The Illegality Defence and Company Law." Journal of Corporate Law Studies 13, no. 1 (April 2013): 49–61. http://dx.doi.org/10.5235/14735970.13.1.49.

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Warren, Ian, Monique Mann, and Adam Molnar. "Lawful Illegality: Authorizing Extraterritorial Police Surveillance." Surveillance & Society 18, no. 3 (August 19, 2020): 357–69. http://dx.doi.org/10.24908/ss.v18i3.12795.

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This paper examines Lisa Austin’s (2015) concept of lawful illegality, which interrogates the legal foundations for potentially unlawful surveillance practices by United States (US) signals intelligence (SIGINT) agencies. Lawful illegality involves the technically lawful operation of surveillance powers that might be considered unlawful when examined through a rule of law framework. We argue lawful illegality is expanding into domestic policing through judicial decisions that sanction complex and technically sophisticated forms of remote online surveillance, such as the use of malware, remote hacking, or Network Investigative Techniques (NITs). Operation Pacifier targeted and dismantled the Playpen dark web site, which was used for distributing child exploitation material (CEM), and has generated many judicial rulings examining the legality of remote surveillance by the FBI. We have selected two contrasting cases that demonstrate how US domestic courts have employed distinct logics to determine the admissibility of evidence collected through the NIT deployed in Operation Pacifier. The first case, United States v. Carlson (2017 US Dist. LEXIS 67991), offers a critical view of the use of NITs by the FBI, with physical geography constraining the legality of this form of surveillance in US criminal procedure. The second case, United States v. Gaver (2017 US Dist. LEXIS 44757), authorizes the use of NITs because the need to control crime is believed to justify suspending the geographic limits on police surveillance to identify people involved in the creation and dissemination of CEM. We argue this crime control emphasis expands the reach of US police surveillance while undermining due process of law by removing the protective function of geography. We conclude by suggesting the permissive geographic scope of police surveillance reflected in United States v. Gaver (2017 US Dist. LEXIS 44757), and many other Playpen cases, erodes due process for all crime suspects, but is particularly acute for people located outside the US, and suggest a neutral transnational arbiter could help limit contentious forms of remote extraterritorial police surveillance.

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Roberto G. Gonzales and Steven Raphael. "Illegality: A Contemporary Portrait of Immigration." RSF: The Russell Sage Foundation Journal of the Social Sciences 3, no. 4 (2017): 1. http://dx.doi.org/10.7758/rsf.2017.3.4.01.

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Acconci, Vito. "Some Notes on Illegality in Art." Art Journal 50, no. 3 (1991): 69. http://dx.doi.org/10.2307/777220.

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김성훈. "The illegality element of exclusive dealing." KYUNGPOOK NATIONAL UNIVERSITY LAW JOURNAL ll, no. 32 (February 2010): 241–64. http://dx.doi.org/10.17248/knulaw..32.201002.241.

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Fitsanakis, Joseph. "State-Sponsored Communications Interception Facilitating Illegality." Information, Communication & Society 6, no. 3 (September 2003): 404–29. http://dx.doi.org/10.1080/1369118032000155320.

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Olvera, Jacqueline. "Managing the “Dirty Work” of Illegality." Sociology of Race and Ethnicity 3, no. 2 (September 16, 2016): 253–67. http://dx.doi.org/10.1177/2332649216665638.

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Drawing on in-depth interviews with 45 Latinos living in a small city the author calls Sycamore City, the author examines the discourses and practices through which Mexican migrants and Puerto Ricans deal with the “dirty work” of illegality. The focus is on the “physical dirty work” performed by undocumented workers and “social dirty work” performed by workers on the margins of citizenship. This research shows that “physical dirty work” and “social dirty work” overlap when a new class of worker enters the labor market. As such, the author documents the dirty work undocumented workers perform and the ethnoracial distinctions used to gain self-worth while performing physical dirty work. In addition, this article shows that as citizens, Puerto Rican professionals offer discreet assistance when they encounter undocumented migrants. In providing assistance, these professionals diminish citizen-migrant distinctions.

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McKendall, Marie A., and John A. Wagner. "Motive, Opportunity, Choice, and Corporate Illegality." Organization Science 8, no. 6 (December 1997): 624–47. http://dx.doi.org/10.1287/orsc.8.6.624.

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Bevan, David, Paul Collier, and Jan Willem Gunning. "Black markets: Illegality, information, and rents." World Development 17, no. 12 (December 1989): 1955–63. http://dx.doi.org/10.1016/0305-750x(89)90274-x.

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Darton, Clifford. "Trusts and the law of illegality." Trusts & Trustees 22, no. 7 (April 7, 2016): 729–36. http://dx.doi.org/10.1093/tandt/ttw035.

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Flores, René D., and Ariela Schachter. "Examining Americans’ Stereotypes about Immigrant Illegality." Contexts 18, no. 2 (May 2019): 36–41. http://dx.doi.org/10.1177/1536504219854716.

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Quigley, John. "JERUSALEM: THE ILLEGALITY OF ISRAEL'S ENCROACHMENT." Palestine Yearbook of International Law Online 9, no. 1 (1996): 19–38. http://dx.doi.org/10.1163/221161497x00025.

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Acconci, Vito. "Some Notes on Illegality in Art." Art Journal 50, no. 3 (September 1991): 69–74. http://dx.doi.org/10.1080/00043249.1991.10791464.

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Bastos, Filipe Brito. "Derivative illegality in European composite administrative procedures." Common Market Law Review 55, Issue 1 (February 1, 2018): 101–34. http://dx.doi.org/10.54648/cola2018004.

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This article considers the review of legality in composite procedures – i.e. European administrative procedures where national and EU authorities decide jointly. It explores how EU courts deal with the question of whether, and to what extent, irregularities occurring at national level are relevant for the legality of final decisions adopted at EU level. It presents two claims: first, that EU courts have developed a differentiated doctrine of “derivative illegality”, or “contamination effects” from national to European stages, depending on the level at which discretion is located. Such illegality is categorically excluded where national authorities predetermine the procedure’s outcome, and admitted under certain conditions where the EU level enjoys discretion to diverge from the national level. Second, it is argued that the case law’s rejection or limitation of derivative illegality in composite procedures allows the ECJ to observe four constitutional principles: the prohibition of EU courts to review national measures, the autonomy and uniformity of EU legal order, and the rule of law.

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Journal articles on the topic 'Illegalità'

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