Judicial Review and Criminal Disenfranchisement in the United States and Canada

1998 ◽  
Vol 60 (2) ◽  
pp. 277-306 ◽  
Author(s):  
Christopher P. Manfredi
Keyword(s):  
United States ◽  
Judicial Review ◽  
The United States ◽  
Legal Positivism ◽  
Moral Principle ◽  
The Core ◽  
Legal Traditions ◽  
Liberal Constitutionalism ◽  
The Relationship ◽  
The U.S

Courts in both the United States and Canada have been forced to consider the constitutionality of laws disenfranchising convicted offenders. Despite similar legal traditions, courts in the two countries have reached diametrically opposed results, with the U.S. Supreme Court upholding broad state power to disenfranchise offenders and Canadian courts rejecting progressively less severe restrictions on offenders' right to vote. Using these decisions as its focus, this article analyzes contemporary theories of judicial review and argues that neither interpretive nor noninterpretive theories of review capture the complex relationship between legal positivism and moral principle that is at the core of liberal constitutionalism. Consequently, neither the Canadian nor American decisions have fully grappled with the normative principles underlying criminal disenfranchisement. The paper further argues that there is a principled defense of criminal disenfranchisement that is grounded in the relationship among citizenship, civic virtue, and punishment.

scholarly journals How Republicans and Democrats Strengthen Secret Surveillance in the United States

2020 ◽  
pp. 5-20
Author(s):  
Paweł Laidler
Keyword(s):  
United States ◽  
National Security ◽  
The United States ◽  
Special Focus ◽  
The Core ◽  
Security Surveillance ◽  
The Relationship ◽  
The U.S

The purpose of the paper is to assess the relationship  between secrecy and transparency in the pre- and post-Snowden eras  in the United States. The Author analyzes, from both political and legal perspectives, the sources and outcomes of the U.S. politics of  national security with a special focus on domestic and intelligence  surveillance measures. The core argument of the paper is that, due  to the role of the executive which has always promoted the culture   of secrecy, there is no chance for the demanded transparency in  national security surveillance, despite the controlling powers of the legislative and judiciary. As the analysis proves, the United  States in the post-Snowden era seems to be the most transparent and  secretive state, at the same time.

Relationship Between Second Life and the U.S. Economy

2010 ◽  
pp. 82-94 ◽  
Author(s):  
Rosemarie Reynolds ◽  
Yusuke Ishikawa ◽  
Amanda Macchiarella
Keyword(s):  
United States ◽  
Market Economy ◽  
Second Life ◽  
Federal Reserve ◽  
Significant Relationship ◽  
The United States ◽  
Financial Data ◽  
Goods And Services ◽  
The Relationship ◽  
The U.S

Second Life is a virtual world designed to be a free, laissez-faire market economy in which Linden Dollars are used to buy and sell goods and services. This study investigated the relationship between the economies of Second Life and the United States, using financial data collected from Linden Lab and the Federal Reserve. Partial correlation analyses were computed between two pairs of economic measures, and our results indicated that there was a significant relationship between the two economies.

scholarly journals Does wage reflect labor productivity? A comparison between Brazil and the United States

2018 ◽  
Vol 38 (4) ◽  
pp. 629-649 ◽  
Author(s):  
ALEXANDRE GORI MAIA ◽  
ARTHUR SAKAMOTO
Keyword(s):  
United States ◽  
Economic Development ◽  
Labor Productivity ◽  
Wage Differentials ◽  
The United States ◽  
Occupational Groups ◽  
Economic Cycles ◽  
Productivity Differentials ◽  
The Relationship ◽  
The U.S

ABSTRACT The study compares the relationship between wages and labor productivity for different categories of workers in Brazil and in the U.S. Analyses highlight to what extent the equilibrium between wages and productivity is related to the degree of economic development. Wages in the U.S. has shown to be more attached to labor productivity, while Brazil has experienced several economic cycles were average earnings grew initially much faster than labor productivity, suddenly falling down in the subsequent years. Analyses also stress how wage differentials, in fact, match productivity differentials for certain occupational groups, while for others they do not.

With a Little Help from my Friends

2005 ◽  
Vol 38 (8) ◽  
pp. 971-999 ◽  
Author(s):  
M. Victoria Murillo ◽  
Andrew Schrank
Keyword(s):  
United States ◽  
Latin America ◽  
Latin American ◽  
Trade Unions ◽  
The United States ◽  
Labor Rights ◽  
Labor Laws ◽  
The Cost ◽  
The Relationship ◽  
The U.S

Why did Latin American governments adopt potentially costly, union-friendly labor reforms in the cost-sensitive 1980s and 1990s? The authors answer the question by exploring the relationship between trade unions and two of their most important allies: labor-backed parties at home and labor rights activists overseas. While labor-backed parties in Latin America have locked in the support of their core constituencies by adopting relatively union-friendly labor laws in an otherwise uncertain political and economic environment, labor rights activists in the United States have demonstrated their support for their Latin American allies by asking the U.S. government to treat the protection of labor rights as the price of access to the U.S. market. The former trajectory is the norm in traditionally labor-mobilizing polities, where industrialization encouraged the growth of labor-backed parties in the postwar era; the latter is more common in more labor-repressive environments, where vulnerable unions tend to look for allies overseas.

Introduction to Faith in State Legislatures

2022 ◽  
pp. 1-23
Keyword(s):  
United States ◽  
Social Change ◽  
State Legislatures ◽  
The United States ◽  
Protestant Reformation ◽  
Central Question ◽  
Politics And Culture ◽  
History Of ◽  
The Relationship ◽  
The U.S

This chapter introduces the complex history of the founding of America. Colonization of the United States was fueled by European upheaval unleashed by the Protestant Reformation. Religion in part gave birth to the United States. However, keeping religion out of government is a central question inherent in the history and culture of the U.S. The relationship among faith, politics, and culture is explored and contributes to either the support of or opposition to social change in state legislatures.

Central America and the United States: Overlooked Foreign Policy Objectives

1993 ◽  
Vol 50 (1) ◽  
pp. 1-30 ◽  
Author(s):  
Thomas M. Leonard
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Central America ◽  
The United States ◽  
Economic Gain ◽  
Policy Objectives ◽  
The Relationship ◽  
The U.S

Since the fall of Nicaragua's Somoza dynasty in 1979, nearly 900 books dealing with Central America have appeared. They repeat the themes of imperialism, paternalism, and security that traditionally have characterized studies about Central America and its relations with the U.S. The imperialist theme is pursued by Walter LaFeber's Inevitable Revolutions and Karl Berman's Under the Big Stick. They assert that the United States economically exploited and politically controlled Central America in general and Nicaragua in particular. A sense of moral righteousness is found in Tom Buckley's Violent Neighbors and Richard Alan White's The Morass while the security theme is pursued by John Findling in his Close Neighbors, Distant Friends. Histories about Central America reinforce these themes. For example, the Dean of the U.S. Central Americanists Ralph Lee Woodward, Jr., and Costa Ricans Edelberto Torres-Rivas and Hector Pérez-Brignoli, and Honduran Mario Argueta demonstrate that the American businessmen capitalized upon the ignorance of region's elite for their own economic gain. Despite their diversity, all of these volumes demonstrate that the United States dominated the relationship and criticize it for so doing.

scholarly journals Christianity and Implicit Racism in the U.S. Moral and Human Economy

Open Theology ◽  
2016 ◽  
Vol 2 (1) ◽  
Author(s):  
Bosco B. Bae
Keyword(s):  
United States ◽  
The United States ◽  
Christian Churches ◽  
Christian Morality ◽  
Implicit Racism ◽  
Human Economy ◽  
The Relationship ◽  
The U.S ◽  
Economic Responsibility

AbstractThe relationship between Christianity and racism in the United States has a long history. In an age of ‘multiculturalism’ and ‘colour-blind’ ideology, explicit forms of racism have become less conspicuous. Still, disparities arise across the country’s human economy, and explicit statements of egalitarianism are incongruent with practices of discrimination in U.S. Christian churches. This article explores this incongruence and the relationship between Christianity and implicit forms of racism. By discussing theological individualism and the principle of ‘homophily’, the article contributes to discussions about the relationship between the moral and human economy. Through this, a Christian morality of salvific aspiration is translated into a morality of personal economic responsibility and duty.

Coke, Corwin and the Constitution: The “Higher Law Background” Reconsidered

1993 ◽  
Vol 55 (3) ◽  
pp. 393-420 ◽  
Author(s):  
Gary L. McDowell
Keyword(s):  
United States ◽  
Judicial Review ◽  
Natural Law ◽  
Constitutional Law ◽  
Moral Theory ◽  
The United States ◽  
American Constitution ◽  
Higher Law ◽  
Relationship Of ◽  
The Relationship

In recent years the debate over the nature and extent of judicial power in the United States has been dominated by questions concerning moral theory, unwritten constitutions, and natural law. In a significant sense, the contemporary discussion is but the continuation of the theory of judicial review first put forth by Edward S. Corwin in 1910–1911; it was this theory that the “higher law background” of American constitutional law derived from the dicta of Sir Edward Coke's opinion in Bonham's Case (1610) that was given its most complete expression in Corwin's famous two-part article in the Harvard Law Review in 1928–29. The fact is, the influence of Coke's opinion in Bonham's Case came from within the scholarly world; its significance stems not from history but from the historians; it was largely Corwin's creation. This paper seeks to correct the record and to show the deficiencies of Corwin's understanding about the relationship of the “higher law” to the American Constitution.

USAID's Democratic Pluralism Initiative: Pragmatism or Altruism?

1991 ◽  
Vol 5 ◽  
pp. 215-231 ◽  
Author(s):  
Jerrold D. Green
Keyword(s):  
United States ◽  
Foreign Aid ◽  
The United States ◽  
Political Organization ◽  
Form Of Government ◽  
Critical Issues ◽  
Cultural Goals ◽  
Definition Of ◽  
The Relationship ◽  
The U.S

This program is evaluated in order to analyze the ethical and practical issues likely to influence its success. Among those critical issues discussed are the U.S.'s definition of “democracy,” the relationship between culture and democracy, and the ability, or desirability, of the United States to export its own form of government as historical and cultural goals. Substantial attention is given to the ethical dimension of whether the United States is, or should be, concerned with democracy as a generic form of political organization or be more committed to the expansion of American influence irrespective of a country's political or ideological character. Noting that foreign aid is pragmatic rather than altruistic in origin, the essay questions the likely effectiveness of the Democratic Pluralism Initiative.

scholarly journals Between Prohibitionism and Religious Freedom: The Legal Disputes Concerning an Ayahuasca Church and the United States Government

2021 ◽  
Vol 40 (3) ◽  
pp. 463-478
Author(s):  
Henrique Fernandes Antunes
Keyword(s):  
United States ◽  
Religious Freedom ◽  
The United States ◽  
United States Government ◽  
Drug Enforcement ◽  
Controlled Substances ◽  
States Government ◽  
The Relationship ◽  
Drug Enforcement Agency ◽  
The U.S

This article focuses on the legal disputes between the U.S. government and the Centro Espírita Beneficente União do Vegetal (UDV), as well as on the regulation of the religious use of ayahuasca by the Drug Enforcement Agency (DEA). Our aim is to present the main issues that were at stake throughout the dispute, especially the relationship between the limits of religious freedom when associated with the use of controlled substances.

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