Adoption Of Amendments Research Articles

Местное самоуправление в единой системе органов публичной власти: предпосылки и перспективы

The article is devoted to the theoretical understanding of the issues of improvement and development of local self-government in the context of transformation of the local self-government status in modern Russia, which occurred during the adoption of amendments and additions to the Constitution of the Russian Federation in 2020. The adopted amendments were the result of the work of the working group formed by the initiative of the President of Russia V. V. Putin. A working group has been formed for the preparation of proposals for amendments to the Constitution. An important aspect regarding the organization of local authorities is the fact of inclusion of local self-government bodies along with state authorities in the unified system of public authority. This process definitely increases the prestige of the municipal level of government and makes the issue of financial support and economic independence of local governments more relevant, given the potential expansion of their powers and the range of tasks entrusted to them. At the same time, an important question is how responsibilities will be distributed between state authorities and local governments in a unified system of public authorities in the course of implementation of their functions, in particular, provision of resources for normal functioning of municipalities and in terms of autonomous decision-making of local governments in the interests of the population living on the relevant territory. The process of actualization of the status of local government allows to optimize the institutional structure and improve the relations between the elements of the system of public authority. Theoretical understanding of these issues can be of great help in the practical implementation of the normative provisions enshrined in the updated Constitution of the Russian Federation.

New ideas of Russian constitutionalism. Law as an element of the system of sacred and profane values

The formation of the modern Russian model of constitutionalism is contextually predetermined by the study of its institutions. The rethinking of the legal content of constitutional values is due to the emergence of new ideas that, in the format of interdisciplinary research, create the constitutional and legal basis of the Russian state identity. The article analyzes the influence of the system of sacred and profane values in the concepts of legal awareness and law enforcement on legal science. Previously, the sacred - profane system was not studied in domestic law. The proposed conceptual models for the inclusion of socio-philosophical phenomena in the system of constitutional values are important for a new understanding of constitutional values. The relevance of the study is due to the transformation of constitutional institutions in new readings of the Constitution of the Russian Federation after the adoption of amendments in 2020. The article analyzes the issues of influence on the social processes of profanization of sacred values. It is concluded that value orientations determine the criteria for the effectiveness of power and management, institutionalize legal awareness and law enforcement as regulators of public relations.

РОССИЙСКАЯ КОНСТИТУЦИОННАЯ ИДЕНТИЧНОСТЬ. СМЕРТНАЯ КАЗНЬ, ПРОТИВ И... ПРОТИВ

Introduction: the adoption of amendments to the Constitution of the Russian Federation in 2020 necessitates the study of constitutionally significant values that shape the Russian identity. Among these values are the historically formed state unity, the history of the country, the uniqueness of its cultural heritage. In the light of guarantees of continuity in the development of the Russian state, it appears relevant to provide analysis of one of the fundamental human rights – the right to life, through the prism of historical, philosophical, legal concepts of the Russian judicial system and judicial process. The refusal to use the death penalty, which has opened new pages for the justice system of modern Russia, makes it essential to provide scholarly reflection on the necessity, possibility, and admissibility of forming a new constitutional and legal space in the Russian Federation that ensures the observance of human and civil rights and freedoms. Purpose: to identify the specific features of legal regulation of the use of the death penalty in modern Russia; to establish in what way the refusal to impose death sentences was conditioned not only by the obligations of the Russian Federation under international law but also by domestic legitimation based on established traditions following from constitutional identity. Methods: dialectical, culturological, general historical, sociological, dogmatic methodological approaches were applied in the study of the conditionality of the refusal to use the death penalty by the Russian constitutional identity; in the analysis of legal doctrines, legislative projects, and normative legal acts, the following methods were employed: general scientific methods (system-structural and formal-logical, inductive and deductive), special legal methods (historical-legal, comparative-legal, and formal-legal) as well as the method of interpretation. Results: the paper shows the influence of constitutional provisions on the decision to ban the imposition of death sentences; presents investigation into the norms of Russian criminal law, which imposes a ban on acts for which the sanction of the relevant criminal law norm establishes punishment in the form of the death penalty; traces the evolution of the institution of jury trial in Russia, to which, in accordance with constitutional regulations, a person to whom this type of punishment may be applied has the right. Conclusions: the assessment of the legal aspect of Russia's refusal to use the death penalty based on the analysis of normative acts allows the author to confirm the thesis that Russia's decision to abolish the death penalty, taken under the influence of modern international trends in the law of European countries, over time has become part of the Russian legal system, which strengthened the Russian constitutional identity. This has been due to the justice system being created in modern Russia, based not only on the principles of European models of the judicial system but in large part having the roots in the state system that has developed over centuries and determines a decent attitude to human rights and freedoms, including the person’s right to life.

The transformation of medical statistic during pandemic of new coronavirus infection (COVID-19)

The pandemic of new coronavirus infection (COVID-19) directly effected medical statistics service. The amendments to the Federal Law "On the Official Statistical Accounting and the System of State Statistics in the Russian Federation" adopted in December 2020, regulated the provision of primary statistical data according forms of Federal and industrial statistical observation in the format of electronic document signed with electronic signature. This required the development of system of collecting and processing statistical data at the Federal level applying new technological solutions. The purpose of the study. To analyze the changes in the system of collecting and processing annual reporting on medical statistics for 2020 during the pandemic of new coronavirus infection COVID-19. The analysis was made concerning both normative legal base regulating implementation of information systems and system of receiving annual reports for current and previous years. Also content analysis was applied and materials distributed Internet were used. In conditions of new coronavirus infection (COVID-19) pandemic, instead of classical system of informational interaction at face-to-face coordination of annual report data, in extremely short terms new model of informational interaction of remote coordination and processing of annual report data was developed. The updated technological scheme was applied that included data transmission, remote coordination in VKS format, informing thriugh Telegram-channels and signing finalized forms with enhanced electronic digital signature. The complicated epidemiological situation regarding morbidity of new coronavirus infection (COVID-19) and as well as adoption of amendments in Federal legislation regarding provision of statistical observation forms in format of electronic document signed with electronic signature, required revision of format of statistical reports reception in 2020. The application of developed technology of collecting and processing annual reports data on medical statistics in online format permitted to dispense with both provision of hard copies versions of forms and reports and business trips of specialists from the subjects of the Russian Federation to Moscow that reduced expenses of the subjects of the Russian Federation when submitting annual reports. The developed mechanism of signing with unqualified electronic digital signature permitted to control data integrity. The applied mechanism for signing finalized concerted forms with enhanced electronic digital signature of public authority of the subject of the Russian Federation in the field of health protection ensured juridical significance of document provided. The establishment of base for further modernization of system of collecting statistical information from primary data, including subsequent implementation of structured electronic medical documents is proposed.

Russian President and local self-government: the evolution of relationships

The subject. An attempt is made to analyze the evolution of the relationship between the Russian Presidents and local self-government in modern Russia over the past 30 years.The methodology of the research is based on the application of the historical method and the method of comparative legal analysis of normative legal acts of the Russian Federation of different years.The purpose of the article is to confirm or dispute hypothesis that the President's relations with local self-government developed non-linearly and contradictory on the different stages.The main results, scope of application. The paper examines the dynamics of the relationship between the Russian Presidents and local self-government, determines the five stages of the development of such relations and their characteristic features, as well as the prospects for these relations after the adoption of amendments to the Constitution of the Russian Federation in 2020.Stage 1. The absence of specific regulatory legal provisions on the participation of the President in local self-government issues and the actual practice of their interaction (July 1991 – October 1993).Stage 2. Arbitrary or authoritarian President’s participation in local self-government issues (October 1993 – August 1995). This stage is connected with the period of the constitutional crisis of 1993 and is characterized, first of all, by two decrees of the Russian President directly changing the provisions of the Law of the Russian Federation on Local Self-Government of 1991.Stage 3. Bringing the powers of the President in the field of local self-government in accordance with the Russian Constitution of 1993, the approval by the President of the main directions of state policy in the field of local self – government development in the Russian Federation, the creation of the Council for Local Self-Government under the President of the Russian Federation (August 1995 – August 2000).Stage 4. Strengthening the role of the President in the field of local self-government. The beginning of this stage is connected with the coming to power of the new Russian President (August 2000 – July 2020). So far, this is the longest stage in our chronology. This stage is characterized by additional regulation by the President of certain point issues in the field of organization and implementation of local self-government, directly provided for by federal law. Stage 5. The integration of local self-government bodies into a single system of public power and the receipt by the Russian President of hidden, virtually unlimited powers in the field of local self-government (from July 2020 to the present). The starting point of this stage was the adoption of amendments to the Russian Constitution in 2020.Conclusions. The interaction between the Russian President and local self-government developed in a zigzag pattern: from the complete absence of contacts to the direct intervention of the Russian President in the legal regulation of relations in the field of local self– government, violating and actually canceling the legislative regulation of these relations in 1993-1995. From bringing these relations into line with the Russian Constitution of 1993, which proclaimed the organizational independence of local self-government, to strengthening the role of the Russian President and regulating certain issues in the field of organization and implementation of local self-government. The expansion of the powers of the Russian President in connection with the amendments to the Russian Constitution in 2020 actually means an aside from the organizational independence of local self-government and the integration of local self-government bodies into a single system of public authorities. In this regard, the question arises: do the above amendments mean an actual return to the second stage of the development of relations between the Russian President and local selfgovernment in the period of 1993-1995, when the use of "hidden (implied)" powers of the President was allowed, and, consequently, theoretically unlimited participation of the Russian President in local self-government issues?

He actualization of legal education and education in the medical school (in light of the adoption of amendments to the Constitution of the Russian Federation and the Pandemic)

Relevance lies in the fact that the problems of legal education and education in modern political and legal realities are of particular importance and especially in the field of medicine. This is greatly facilitated by the adoption of amendments to the Constitution of the Russian Federation and the pandemic of a new coronavirus infection that has engulfed the world. In the context of higher medical education, measures aimed at raising the legal awareness and legal culture that require not only clarification of old approaches to solving these issues, but also the development of new ones have proved to be in demand. The purpose of the article is that on the basis of legal and psychological-educational analysis of the phenomenon of raising the legal culture through legal training at the university, the experience of NOSMA is summarized, and the prospects of this work are revealed. The article uses methods of social-legal analysis and synthesis and on the basis of a dialectical approach, analyzes regulatory legal sources and competent opinion of scientists in the field of pedagogy and jurisprudence, identifies and analyzes the practice of the Department of Health organization in the development and implementation of the course “Legal foundations of the organization and activities of health institutions.” Conclusion: the authors believe that it is necessary to introduce a compulsory course “Legal foundations of the organization and activities of health institutions” into the educational practice of medical universities. This needs to be done in the light of the realities of today’s digital society through the creation of interactive forms of learning, including the introduction of elements of the course into modern social networks. The proposed measures will not only contribute to the effectiveness of forms and means of enhancing the legal culture, but will also raise the prospects for productive legal education based on Russian law and the system of international law.

Эволюция государственного управления в странах постсоветского пространства. Республика Армения

The article examines the history of forming the system of public administration in the Republic of Armenia after gaining independence. It is noted that the development of the fundamental draft laws of the newly formed state was carried out in close cooperation and with the active involvement of authoritative representatives of the Armenian society. The first years of independence for the Republic of Armenia were characterized by the creation of democratic institutions, the transition to a multi- party system, the development of a market economy, the reformation of the whole state system, as well as the system of state administration. The Constitution laid the legal foundations for transitioning from an authoritarian system to a democratic state and gave a legal framework to the new political system. With the development of state administration and the adoption of amendments to the Constitution of the Republic of Armenia, a transition was made from a semi-presidential republic to a parliamentary form of government. Armenia shows high markers and stable growth of indicators regarding the quality of public administration. The country’s authorities apply successful world experience and follow high European standards; in this regard, digitalization is actively developing in the country, including in the field of public administration. In recent years, due to the high rates of digitalization, Armenia entered the number of countries with a high index of e-government development. A special place in the field for the development of the system of state and municipal service is given to professional training and retraining of personnel.

ВЕКТОРЫ РАЗВИТИЯ ГРАЖДАНСКОГО ОБЩЕСТВА И ПАРТИЙНО-ПОЛИТИЧЕСКОЙ СИСТЕМЫ РОССИИ ВСЛЕДСТВИЕ КОНСТИТУЦИОННОЙ РЕФОРМЫ

The purpose of the article is to consider the ongoing systemic transformations after the adoption of amendments to the Constitution of the country at the all-Russian Vote on July 1, 2020. In the course of reasoning, the processes under study were analyzed not from the legal side, but from the position of a political forecast of the vectors of development of civil society and the party-political configuration. The object is the process of changes in the party-political system of Russia and the development of civil society. The subject is the impact of the 2020 constitutional reform on civil society and the institutional development of partogenesis. Amendments to the Constitution adopted at the all-Russian Vote were a response to new challenges and prevention of potential social splits. The authors, using the method of electronic polling of twenty regional experts and the hardware of the program "Google-Form", received answers to questions covering important aspects of the development of society, the party system and state power. It can be argued that the 2020 constitutional reform laid the foundations for preventing divisions in civil society.

Новые подходы к конституционному статусу личности в свете принятия поправок к Основному закону государства

Новые подходы к конституционному статусу личности в свете принятия поправок к Основному закону государства

388TiP - Alpelisib (ALP) + endocrine therapy (ET) by last prior therapy in patients (pts) with PIK3CA-mutated hormone-receptor positive (HR+) human epidermal growth factor receptor-2-Negative (HER2–) advanced breast cancer (ABC): Additional study cohort in BYLieve

BackgroundApproximately 40% of pts with HR+, HER2– ABC have mutations (mut) in PIK3CA, which encodes α-PI3K and leads to PI3K pathway hyperactivation and potentially ET resistance. ALP is a selective inhibitor of α-PI3K that, in combination with fulvestrant (FUL), significantly improved median progression-free survival (PFS) vs placebo + FUL in pts with PIK3CA-mut, HR+ HER2– ABC in the phase 3 SOLAR-1 trial (11.0 vs 5.7mo, respectively; HR 0.65; 95% CI, 0.50-0.85; P<0.001). BYLieve is an ongoing phase 2, multicenter, open-label, noncomparative study assessing ALP + ET (FUL or letrozole [LET]) in pts with PIK3CA-mut HR+, HER2– ABC who progressed on/after prior treatments (tx). Trial designBYLieve includes women (any menopausal status) and men with PIK3CA-mut, HR+, HER2– ABC and evidence of tumor progression on prior tx. Cohorts A and B comprise pts who received a cyclin-dependent kinase 4/6 inhibitor (CDK4/6i) + ET as their last tx. With the adoption of Amendment 3, a new cohort (C) enrolls pts who had systemic chemotherapy or ET as last prior tx and who failed aromatase inhibitor (AI) in the adjuvant or metastatic setting. In the advanced setting, ≤2 anticancer tx (including ≤1 chemotherapy) are allowed. Pts must have ≥1 measurable lesion per RECIST criteria or≥1 predominantly lytic bone lesion. Key exclusion criteria include prior PI3Ki tx and type 1 or uncontrolled type 2 diabetes. Study tx comprises: Cohort A (prior CDK 4/6i + AI), ALP 300mg once daily (qd) + FUL 500mg Q28d + C1d15; Cohort B (prior CDK 4/6i + FUL), ALP 300mg qd + LET 2.5mg qd; Cohort C, ALP 300mg qd + FUL 500mg Q28d + C1d15. The primary endpoint is the proportion of pts free of progression at 6mo per local investigator assessment for each cohort. Secondary endpoints include PFS, PFS2, ORR, and CBR. Safety and tolerability will also be assessed, including fasted or random blood glucose levels (non-fasted). Tumor tissue and circulating tumor DNA are collected for biomarker assessments. The study is ongoing and currently recruiting pts, with increase in planned overall enrollment from 160 to 340 pts. Clinical trial identificationNCT03056755. Editorial acknowledgementMedical editorial assistance was provided by Joe Hodgson of Healthcare Consultancy Group, LLC, and funded by Novartis Pharmaceuticals Corporation. Legal entity responsible for the studyNovartis Pharmaceuticals Corporation. FundingNovartis Pharmaceuticals Corporation. DisclosureE. Ciruelos: Advisory / Consultancy, Speaker and consultant fee: Novartis, Roche, Pfzier, Lilly. T. Bachelot: Research grant / Funding (self), Research grant: Novartis; Research grant / Funding (self): Roche; Research grant / Funding (self): AstraZeneca; Research grant / Funding (self): Pfzier. S. Chia: Advisory / Consultancy, Research grant / Funding (institution), Payment to the institution for conducting clinical trials. Honorarium to myself for advisory boards.: Novartis; Advisory / Consultancy, Research grant / Funding (institution), Payment to the institution for conducting clinical trials. Honorarium to myself for advisory boards.: Pfzier. D. Juric: Advisory / Consultancy, Scientific Advisory Board: Novartis, Genentech, Eisai, Ipsen, EMD Serono. N. Turner: Advisory / Consultancy: AstraZeneca, BMS, Lilly, MSD, Novartis, Pfizer, Roche/Genentech, Tesaro, Bicycle Therapeutics; Research grant / Funding (self): AstraZeneca, BioRad, Pfizer, Roche/Genentech, Clovis, Guardant Health. A. Ridolfi: Full / Part-time employment: Novartis. N. Sophos: Full / Part-time employment: Novartis. B. Cooper: Full / Part-time employment: Novartis. A. Thuerigen: Full / Part-time employment: Novartis. H.S. Rugo: Research grant / Funding (institution): Pfizer, Merck, Novartis, Lilly, Genentech, OBI, Odonate, Daiichi, Eisai, Seattle Genetics and Macrogenics; Travel / Accommodation / Expenses: Lilly, Mylan, Pfizer, Amgen, Merck and Puma. All other authors have declared no conflicts of interest.

Правові засади формування та реалізації воєнної політики України

Метою статті є аналіз нормативно-правових актів, які стосуються формування та реалізації воєнної політики України, а також вироблення пропозицій щодо вирішення проблем, що існують у сфері безпеки й оборони України, з урахуванням нинішньої геополітичної ситуації.Наукова новизна. Досліджено питання, які стосуються правового забезпечення державної безпеки України. Проаналізовано основні нормативно-правові акти, які регламентують державну політику у сфері воєнної безпеки. Аргументовано позицію про те, що формування та реалізація воєнної політики України тісно пов’язані з суспільними правовідносинами та є важливим елементом правової системи при забезпеченні національних інтересів держави. Систему забезпечення національної безпеки України охарактеризовано як складний державно-правовий механізм, в якому всі суб’єкти правовідносин виконують завдання та здійснюють функції із захисту життєво важливих інтересів людини, громадянина, держави в межах повноважень, визначених національним законодавством.Висновки. Нормативно-правове регулювання відносин у сфері воєнної політики України є широким та різновекторним, що, своєю чергою, потребує багато зусиль при розробці проектів та удосконаленні існуючих нормативно-правових актів України, які забезпечують належне функціонування сектору безпеки й оборони. За результатами проведеного аналізу вважаємо за необхідне висловити пропозиції щодо доцільності ухвалення змін та доповнень до Законів України «Про державні гарантії соціального захисту військовослужбовців, які звільняються із служби у зв’язку з реформуванням Збройних Сил України, та членів їхніх сімей», «Про Збройні Сили України», Стратегії воєнної безпеки України та інших нормативно-правових актів. Прийняття змін та доповнень до нормативно-правових актів у сфері безпеки й оборони засвідчило б активізацію державної політики та дало б поштовх для подальшого реформування оборонної сфери.

The 'Irish Born' One American Citizenship Amendment

PROPOSED AMENDMENT TO THE U.S. CONSTITUTION: That article two, section one, clause five, be amended so as to read: 'No person except a Citizen of the United States shall be eligible to the Office of President; neither shall any person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a resident within the United States.' This essay outlines the case for an obvious and overdue amendment to the Constitution of the United States: repeal of the birth-based requirement that excludes naturalized American citizens from presidential eligibility. This amendment's adoption would mark the first successful amendment in the form that Madison and many others originally desired rather than the tack-on kind we've used up until now. Advocating for this amendment offers an opportunity to exercise self-government muscles that have atrophied from civic sloth. Now more than ever, we should work to bring our fundamental law into line with our more fundamental constitutional commitments. There are not two classes of American citizenship, just one. It is time to repeal the Natural Born Citizen Clause.

CYBERTERRORISM PROBLEM IN TERMS OF RUSSIAN SOCIETY

The problem of cyber-terrorism in the international community is considered a priority, the annual losses from cyber terrorism and cybercrime have recites over 400 billion dollars. State and private companies spend millions of dollars on cyber defense against terrorists, and simple cyber group hackers. As for our country, the Russian Federation was faced with manifestations of cyber-terrorism are relatively not long ago, but now we can see examples of cyber-terrorism against our country. In science and practice is still going debate about the public danger of cyber terrorism and its consequences. One reason for this, is that in the current legislation of the Russian Federation there is no legal definition of the concept of terrorism and cyberterrorism can not completely cover the entire spectrum of cyber-terrorism. The author of the article a study of cyber-terrorism from the perspective of Russian society. Examples of recent cyber act of terrorism committed in the territory of the Russian Federation and against it. Analyzed the effects of committed cyber act of terrorism and social danger of cyberterrorism. As a result of research suggested the adoption of amendments to the existing legislation that affects the scope of the information space, computer crimes and cyberterrorism.

New labour law in the republic of Serbia: Harmonization with the law of European Union, real promise or a myth

In this paper, the authors will try to review the solutions of the new Labour Law in Republic of Serbia, and especially its social aspect through the position and rights of workers. On the other hand, the authors seek to determine whether is and in which extent the new Labour Law fulfilled the expectations of the legislator as well as the promises which were given to the people, that this Code will make harmonization of labor law with international standards and EU law. In anticipation of the official report of the Council of Europe, the authors try to give their assessment of the compliance of the new Labour Law with the European Social Charter. Although it was announced as a 'harbinger of the future progress of the country', which will prevent undeclared work, increase the rate of employability, harmonize regulation of labor law with the EU standards, improve workers' rights, through the analysis the authors in this paper try to show that the new Labour Law, is not only far below the standards of international labor and social law, but it violates the provisions of the Constitution of the Republic of Serbia and reduces the level of achieved human rights. With this octroyed act, adopted without public debate, there is a legitimate basis for the exploitation of workers and expanding range of possibilities which employers are used in order to achieve their own interests at the expense of the rights of employees. Special emphasis in this paper will be given to solutions that were given to the rights of motherhood and parenthood under the new law. Some of the provisions which will be subject to criticism by the author are: an increase definite term work for two years (thus extending the social and economic insecurity), for past labour it just takes time spent at the last employer, (because of that will be less salary and up to 15%), increasing the duration of the probationary period to six months, indirectly denying the right to limited working hours through the obligation of the employee to be always 'available' to the employer and the possibility of redistribution working hours per free discretion of the employer. According to the author's effects of bad legal provisions will have a negative impact on the entire social sphere, the falling birth rate, the deterioration of the economic situation of employees, the decline in the housing market, the reduction of banking business and others. At the end of the paper the authors point out the necessity of forming working groups to amend the law and the adoption of amendment must be the result of public hearings with participation of all relevant factors. Only in this way it is possible to achieve harmonization of labor law with the European Union and better protection of rights of employees.

Comparing Institutional and Policy Explanations for the Adoption of State Constitutional Amendments

The literature on state constitutional amendments remains undeveloped despite recent activity in the area of same-sex marriage policy. Previous studies have assumed that the adoption of state constitutional amendments is governed by routine policy considerations, but there are strong theoretical reasons for expecting attributes of state institutions also to affect adoption. In this study, I compare institutional and policy explanations for the enactment of state constitutional amendments prohibiting same-sex marriage. Although I expect routine policy considerations to affect the adoption of amendments, I also expect adoption to be influenced by attributes of state institutions, in particular, the capacity of state high courts to produce decisions favoring marriage equality. Using event history analysis, I find that the initial consideration of amendments is driven by policy considerations but that adoption is also guided by institutional considerations, such as the professionalization of state high courts.

All's well that ends postponed: the adoption of a definition of the crime of aggression at the Rome Statute Review Conference in Kampala

The Rome Statute of the International Criminal Court makes provision for criminal liability for the crime of genocide, crimes against humanity, war crimes and the crime of aggression. While the first three of the above-mentioned crimes were defined during the Rome Conference that adopted the Statute, the crime of aggression was not defined due to serious differences between the negotiating parties on its definition and scope. After the entry into force of the Rome Statute in 2002, a Special Working Group (SWG) was appointed by the Assembly of States Parties to work on a definition of this crime. This process culminated in a compromise definition being adopted during the conference to review the Rome Statute, held in Kampala, Uganda, in 2010. This article aims to provide an overview of the history of this crime, the work of the SWG and the negotiations during the Review Conference. It explores the diplomatic tools and methods applied in order to achieve a consensus between the widely diverging positions of participating states, providing a background to the compromises made that allowed for the adoption of amendments to the Rome Statute defining the crime of aggression and dealing with the conditions for the exercise of jurisdiction over this crime. It concludes with a brief analysis of the amendments.

An Antitakeover Amendment for Stakeholders

The non-financial effects (NFE) antitakeover amendment addresses the duties of company directors and management when faced with a possible takeover bid. The NFE amendment either permits or requires managers to consider the interests of the company's stakeholders during takeover bids. Other types of antitakeover devices have been viewed as protecting either stockholder or management interests. The NFE amendment would appear to protect a broad spectrum of interests including those of company employees, creditors, and the community in which the company operates. Positive market returns to the adoption of NFE amendments provide some evidence that investors approve. The percent of both management and institutional ownership are positively related to the market reaction to the NFE amendment adoption. To the extent that institutional ownership proxies for the broad spectrum of stakeholder interest, NFE devices, unlike some other amendments that have been studied, appear to be in the interests of more than a single interest group.

Antitakeover Charter Amendments: Impact on Determinants of Future Competitive Position

This research examined the subsequent longterm investment consequences of the adoption of antitakeover charter amendments by U.S. industrial manufacturing firms. Longterm investment a major determinant offuture economic growth and business competitiveness was assessed by analyzing research and development and capital investment intensity levels. In a matchedpair design, analyses were conducted on two separate samples of companies to assess the relationship between antitakeover amendment adoption and future oriented re source allocation decisions. Results fail to indicate the existence of a general main effect of antitakeover amendments on longterm investment for either sample offirms.

State Constitutional Law in 1934–35

Validity of Constitutional Amendments. The courts continue to scan with rather meticulous care the procedure for the adoption of constitutional amendments. Where the sole purpose of a proposed constitutional amendment under the initiative provisions of the constitution was to provide for the levy of a “syncrotax,” or a tax on the basis of gross receipts in lieu of all other state taxes, a petition with a short title reading “initiative measure providing for adoption of gross receipts act” was held fatally defective in view of the requirement that every initiative petition have a short title showing the nature of the petition and the subject to which it relates. But according to the supreme court of Florida, a proposal to amend the constitution need not have a title, need not be read on different days or at different times, and need not be concurred in by the governor. And the dissenting justices protested that the majority failed to uphold the requirement that a proposed amendment shall be entered upon the respective journals of the two houses with the yeas and nays, showing a three-fifths vote in favor of the amendment. There must be, however, a violation of express constitutional requirements for the courts to interfere with the procedure in the adoption of amendments.