The paper aims to explore the contour of internet regulation with a thread of Brand X , which navigates through constitutionalism, separation of powers, as well as business and economic or political implications enshrined behind it. An exemplary insight with the Korean case was adverted that could lead to the comparative perspective of internet law and regulation for the future research. The research was conducted by employing qualitative investigation, mainly relying on textual analysis and documentary examination. The outcome of research (...) generally corroborates with our assumption that i) the increasing administrative state will variegate the traditional interplay of three branches, ii) expert bureaucracy stands at the core of policy shaping because of the necessary new concept of market and policy specialization, iii) the role of US government is not only pioneering, but also influential as a regulator, but comparatively with differing national jurisdictions if not a negligible implications on the international competition or even conflict. (shrink)

Leadership is certainly a central concept that the contemporary society now requires to increase the chances of survival and prosperity. As the contemporary politics guides, the world now see a greater turn to the kind of strategic paradigm heavily departing from the previous adherence to the ideological tenet. The strategy is a vital way of approach to address the needs of followers, subordinates, stakeholders and shareholders although there are other strands of influence including the culture (For political discourse, it is (...) also interesting to read the Huntington’s viewpoint about the clash of civilization), ideology though (still heavily on the global politics), shared comradeship and intelligence, and others. The leadership, in the contemporary framework, is likely to be analyzed as several points of evolution. The leadership, as we set aside the assumed status of peaceful coexistence in the ancient communal society unlike the Marxism circle, can be seen as one of interactive products about some form of organization. For example, ancient Chinese leaders, through its imperial history, almost always have been concerned about the integration of his subject against the foreign threat of ingression. While we realistically see the phenomenon of world as a split nature, the organization, even most simple form for the state, has to find their leadership as one kind of interactive context. That is, without any submission, surely the case if we talk about a for-profit organization and also non-profit organization. We can see an idealistic organization that may be perceived as monopolistic, such as UN and NGOs. These organizations, however, are also facing the realistic challenge to interact with outside actors and other organizations. For the UN, a terrorist state or organization might be a good example which it needs to interact. In some cases, the states in the dispute and hostile confrontation may be concerned interactively. For the NGOs, the state and conservatists’ group of WTO can be the actor or organization that they have to deal with. Then we can reach the deep structure or environmental element which the leaders of organization have to deliberate on his true nature of leadership. (shrink)

As the word demos denotes, the democracy is generally considered as the rule or governance based on the general base of people in which monarchy or oligarchy form is excluded. We have a classical view about the four forms of government, which was proposed by Platonic concepts. Most idealistic form of government, in his prongs, could be found in Crete and Sparta, which was nevertheless not a democratic form. His accolade of these two nations, which, of course, would be a (...) kind of God’s product so to be most benevolent, humanly appealing, efficient and philanthropic. This means the democratic form of government is not best, but most favored alternative to police the society. The political terms, henceforth, would supervene the concept of democracy, and, for many reasons and on historical wake, democracy is generally accepted as practically most desired form of rule or governance. While some modern scholar revealed, a mini-republic can be a niche to contest the merits of various forms of governance. We can gauge a scope of elements we value through the governance process, human intrinsic, efficiency, equality, welfare and even individual happiness. As the time is a small city community, called a polis, in Plato and Socrates, a mini republic can be well envisaged in understanding the Platonic Republic. In that case, most benevolent ruler may be superior to any other form of governance, which can be a philosopher’s Republic. The ideal ruler would behave and govern with mighty intelligence and concomitant power to rule. It is idealistic to produce maximum happiness of polis constituents. The worst contras, however, a tyranny, comes that the constituents legitimately expel their ruler by a collective vote. This extreme contrast and the way of process also could be ascertained in the ancient form of oriental monarchy. The dynasty could be legitimately revoked to restore new heritage of emperor or Kings where a kind of rebellion, as elucidated by Locke, is well justified in the name of heaven’s command. Given the size of polis or governed territory, there are separate ways to redress the evils of tyranny while the Oriental culture has not recognized the kind of formal vote methods. Any means to expel the tyranny could be embraced to rebel. For our purpose of grasp through this working paper, I would theorize on the traditional elements of public policy and democratic form of government. (shrink)

Once again the decision and court opinion are an element within the general understanding of law at least in the common law countries. A lawyerly way has implications in shaping the pattern of public administration, but in differing extent of public attraction or normative impact. -/- First, while the Constitution of United States had brought a popular democracy and Constitution-based structure of government, the Ancient Regime had been overhauled in new land. The “nobility” as a basis of government was dispelled, (...) and people arose as a main class or pillar of nation. As we take a precept of chaotic years from the Articles of Confederation thorough the Constitution, the earlier ambition was mixed between the diplomatic unity and one strong national government. This context implicates much over the centuries and can also be illustrated with a residue of classic and present practice of international politics. The characteristics as temporal for the years would more properly be sensible with the kinds of description, for example, “atmosphere of war, interstate comity or discredit, chaos from the heterogeneous regional power and social incongruence nationally.” A threat from the mainland Europe had been constant at considerable period of time upon the independence. For the nation, it is more urgent to make it clear who will decide the will of nation, how to effectively consolidate the function of government, or how to manage the least of nation with the subjects than active interaction with the people, although the people are one distinct element of new Constitution and ideologically pronounced in the preamble of Constitution. This generally led to recognition that the role of Constitution and Supreme Court were minimal in terms of public policy making and that their policy contained in the opinion often is sheer of internal issues among the public power other than those of people. The kind of Kantian ambition for the universal justice on liberty and equality, hence, should wait for more prosperous time afterwards that people tend to be conscious of their basic rights or public good from the arbitrary rule of majority, given our concocted recognition from the kind of public policy ideals from Bentham, “the greatest happiness of greatest number,” and “revolutionary spirit on people.” It perhaps would not be irrelevant, in understanding of the impact of judicial rulings on public policy, that the US is other than unitary system of government. Oftentimes the kind of rulings on criminalization of adultery or right to privacy would surprise the people, but the kind of oxymoron or public debate, as likely persistent over the decades and diverse reaction, would normally not be present in the jurisdictions of unitary system. The people of such jurisdictions would be more than receptive, and be readily marshaled to adapt with the public guidelines elucidated by the court ruling. We also chat on the multiculturalism in the society and workplace. Given the judicial activism, the Supreme Court justices might be clairvoyant, who would be equipped with goodwill, wisdom and almighty intelligence to assuage an untreatable scope of interests and state specificities. Foreign lawyers would find such ample source of laws in surprise, who might envy a wide coverage of judicial interests. They perhaps would take the US context as the kind of insightful classroom and learn the lessons from their case laws. (shrink)

Toward the goal of doctoral studies, it is necessary to combine two basic characteristics of independent study. I like to call it an independent study, which would be partial to capture the whole of graduate studies. As for its high honor, the title page of dissertation in vast of universities usually use the phrase “...submitted for the partial fulfillment of doctorate degree...”. That phrase implies that the completion of dissertation would be a major part of doctoral studies, but should be (...) partial depending on some of additional factors. Idealistically, that could be the whole quality as an independent researcher or investigator, and possibly the kind of human paradigm as a prospective teacher. In any case, we would not be incorrect if we see our principal work at the graduate level learning the ways of independent scholar. In this context, I would propose some of elements to be addressed in the end to guide the paradigm of doctoral studies and especially involving the e-age. (shrink)