Case Citation Formats in the United States: Is a Radical New Approach Needed?

1995 ◽  
Vol 23 (1) ◽  
pp. 53-65
Author(s):  
Donna M. Bergsgaard ◽  
William H. Lindberg
Keyword(s):  
United States ◽  
The United States ◽  
Public Domain ◽  
The State ◽  
New Approach ◽  
New Public ◽  
Judicial Opinions ◽  
The Way

Several proposals have been introduced in the United States to create new “public domain” or “vendor-neutral” approaches for citing judicial opinions.’ Differing systems for public domain citations have been adopted in the states of Colorado and Louisiana. At this writing, the judiciary in the state of Wisconsin is considering a third approach, one that would radically change the way lawyers and judges cite state cases in that jurisdiction.

The Adoption of Criminal Disenfranchisement Provisions in the United States: Lessons from the State Constitutional Convention Debates

2007 ◽  
Vol 19 (3) ◽  
pp. 282-312 ◽  
Author(s):  
John Dinan
Keyword(s):  
United States ◽  
African Americans ◽  
Voter Turnout ◽  
The United States ◽  
The State ◽  
Constitutional Convention ◽  
Legal Strategies ◽  
Number Of Individuals ◽  
Scholarly Attention ◽  
The Way

State criminal disenfranchisement provisions have recently attracted much scholarly attention. Some scholars have examined the consequences of these policies, such as the number of individuals they have disenfranchised (particularly the high percentage of African Americans), the way in which they have altered election outcomes, and their effect on voter turnout. Other scholars have assessed the persuasiveness of various justifications for these policies. Still other scholars have analyzed legal strategies that might be used to repeal these policies.

The Death of the ‘Big Lie’ and the Emergence of Postmodern Incredulity in the Spy Cinema of the 1960s

2016 ◽  
Author(s):  
Simon Willmetts
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
James Bond ◽  
New Politics ◽  
Historical Authenticity ◽  
New Type ◽  
The 1960S ◽  
Official Sources ◽  
The Way

In the 1960s American spy cinema underwent a profound transformation: out went the austere state-sponsored narratives of the semi-documentary format that proclaimed their historical authenticity due to their reliance upon official sources, and in came a new type of spy cinema, epitomised by the James Bond films, that was tongue-in-cheek, “camp”, and which revelled in artifice. Though ostensibly apolitical, this formal shift in the way in which Hollywood portrayed American secret intelligence was the beginning of a profound shift away from the state as the arbiter of authenticity and towards a new politics of incredulity, marking the onset of postmodernity in the United States.

Online News: User Agreements and Implications for Readers

2002 ◽  
Vol 79 (3) ◽  
pp. 602-618 ◽  
Author(s):  
Victoria Smith Ekstrand
Keyword(s):  
United States ◽  
Free Speech ◽  
The United States ◽  
Public Domain ◽  
Online News ◽  
Legal Analysis ◽  
The Public ◽  
Fundamental Shift ◽  
News Online ◽  
The Way

This study is a legal analysis of the online news user agreements of the Top 50 U.S. daily circulation newspapers in the United States. News user agreements are contracts that specify the conditions under which readers may access news. The contracting of news online represents a fundamental shift in the way consumers, who once bought their news, must now agree to terms of access. This study concludes that such terms often expand ownership of content that might otherwise flow freely in the public domain. It also concludes that limitations on liability as expressed in these agreements raise questions about the commitment to free speech and journalistic values online.

scholarly journals The United States, PMSCs and the state monopoly on violence: Leading the way towards norm change

2013 ◽  
Vol 44 (1) ◽  
pp. 53-71 ◽  
Author(s):  
Elke Krahmann
Keyword(s):  
United States ◽  
The United States ◽  
The State ◽  
Armed Force ◽  
International Norm ◽  
Theoretical Approaches ◽  
The Usa ◽  
State Monopoly ◽  
Norm Change ◽  
The Way

The proliferation of private military and security companies (PMSCs) in Iraq and Afghanistan has raised many questions regarding the use of armed force by private contractors. This article addresses the question of whether the increased acceptance of PMSCs indicates a transformation of the international norm regarding the state monopoly on the legitimate use of armed force. Drawing on theoretical approaches to the analysis of norm change, the article employs four measures to investigate possible changes in the strength and meaning of this norm: modifications in state behaviour, state responses to norm violation, the promulgation of varying interpretations of the norm in national and international laws and regulations, and changes in norm discourse. Based on an analysis of empirical evidence from the United States of America and its allies, the article concludes that these measures suggest that the USA is leading the way towards a transformation of the international norm of the state monopoly on violence, involving a revised meaning. Although this understanding has not yet been formally implemented in international law, it has allowed a growing number of countries to tolerate, accept or legalize the use of armed force by PMSCs in the international arena.

The State and the Individual: An Overview Interpretation

1991 ◽  
Vol 127 ◽  
pp. 443-466 ◽  
Author(s):  
Lucian W. Pye
Keyword(s):  
United States ◽  
Human Rights ◽  
Moral Worth ◽  
The United States ◽  
The State ◽  
Chinese Version ◽  
The West ◽  
Moral Virtues ◽  
The Individual ◽  
The Way

It could be that no people have ever outdone the Chinese in ascribing moral virtues to the state or in deprecating the worth of the individual. First Confucianism and then the Chinese version of Leninism went all out in extolling the importance of rulers and society and in minimizing the rights of individuals. The gap between the moral worth and the recognized rights of state and citizen in China was and remains huge both because of the way the Chinese have consistently given paramountcy to the state and the ways in which they have subordinated the individual to the group. The extraordinary imbalance in the relations of the state and individuals provides both the structural and the cultural bases for the human rights practices which are now the most contentious issues between China and the west, especially the United States. What is outrageous to Americans can be for most Chinese normal expectations – although since Tiananmen a majority may feel that the state has gone too far.

Slavery's Legalism: Lawyers and the Commercial Routine of Slavery

2019 ◽  
Vol 37 (2) ◽  
pp. 571-603 ◽  
Author(s):  
Justin Simard
Keyword(s):  
United States ◽  
Supreme Court ◽  
Critical Role ◽  
The United States ◽  
The State ◽  
The People ◽  
The Right ◽  
Legal Training ◽  
The Way

Eugenius Aristides Nisbet played a critical role in Georgia's secession from the United States. Elected as a delegate to Georgia's 1861 secession convention, Nisbet introduced a resolution in favor of severing ties with the Union, and he led the committee that drafted his state's secession ordinance. Nisbet was a trained lawyer who had served on the Georgia Supreme Court, and his legal training shaped the way that he viewed secession. He believed that the Constitution did not give states the right to dissolve the Union; instead, this power rested solely in the people, and he framed the resolution and ordinance accordingly. Thanks in part to Nisbet, it was the “people of the State of Georgia” who “repealed, rescinded and abrogated” their ratification of the Constitution in 1788.

US Diplomacy and the Salvadorean Revolution of 1931

1998 ◽  
Vol 30 (1) ◽  
pp. 95-119 ◽  
Author(s):  
PHILIP F. DUR
Keyword(s):  
United States ◽  
Latin America ◽  
State Department ◽  
The United States ◽  
The State ◽  
Face Saving ◽  
The Way ◽  
The Revolution

The United States reacted to the revolution which brought General Maximiliano Hernández Martínez to power in 1931 by refusing to recognise him under a 1923 treaty. Martínez broke precedent by entrenching himself in the presidency. The State Department first attempted to subvert him. The outbreak of a peasant rebellion, supposedly under communist leadership, then caused Washington to seek a face-saving accommodation. The bargain failed because of the general's duplicity. Eventually the United States was forced to abandon the 1923 treaty and recognise Martínez. This opened the way to habitual recognition of non-communist dictators in Latin America.

Is This the Care We Need?: An Examination of Childcare Policy in Pennsylvania

Commonwealth ◽  
2017 ◽  
Vol 19 (2) ◽  
Author(s):  
Jennie Sweet-Cushman ◽  
Ashley Harden
Keyword(s):  
United States ◽  
Child Care ◽  
Current System ◽  
The United States ◽  
The State ◽  
Federal State ◽  
Women And Politics ◽  
Richard Nixon ◽  
State And Local ◽  
Childcare Policy

For many families across Pennsylvania, child care is an ever-present concern. Since the 1970s, when Richard Nixon vetoed a national childcare program, child care has received little time in the policy spotlight. Instead, funding for child care in the United States now comes from a mixture of federal, state, and local programs that do not help all families. This article explores childcare options available to families in the state of Pennsylvania and highlights gaps in the current system. Specifically, we examine the state of child care available to families in the Commonwealth in terms of quality, accessibility, flexibility, and affordability. We also incorporate survey data from a nonrepresentative sample of registered Pennsylvania voters conducted by the Pennsylvania Center for Women and Politics. As these results support the need for improvements in the current childcare system, we discuss recommendations for the future.

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