Married Women's Economic Rights Reform in State Legislatures and Courts, 1839–1920

2018 ◽  
Vol 32 (2) ◽  
pp. 236-256
Author(s):  
Sara Chatfield
Keyword(s):  
State Legislatures ◽  
State Level ◽  
State Courts ◽  
Commercial Development ◽  
Economic Rights ◽  
Political Actors ◽  
Legal Reforms ◽  
American States ◽  
Multiple State ◽  
The Right

Beginning in 1839 and continuing through the early twentieth century, the American states passed laws expanding married women's economic rights, including the right to own property and sign contracts. In almost every state, these significant legal changes took place before women had the right to vote. I argue that married women's economic rights reform is best understood as a piecemeal, iterative process in which multiple state-level institutions interacted over time. This rights expansion often occurred as a by-product of male political actors pursuing issues largely unrelated to gender—such as debt relief and commercial development—combined with paternalistic views of women as needing protection from the state. State courts played a crucial role by making evident the contradictions inherent in vague and inconsistent legal reforms. Ultimately, male political actors liberalized married women's economic rights to the extent that they thought it was necessary to allow for the development of efficient and workable property rights in a commercial economy, leaving women's place in the economy partially but not fully liberalized.

Flush Times, Hard Times: Law, Jacksonism, and a Cotton Economy

2019 ◽  
pp. 54-75
Author(s):  
Joseph A. Ranney
Keyword(s):  
Women's History ◽  
Credit System ◽  
Andrew Jackson ◽  
Legal Reforms ◽  
American States ◽  
Legal Challenges ◽  
Hard Times ◽  
The Right ◽  
Federal Judges ◽  
Women’S History

American states implemented many important legal reforms during the age of Andrew Jackson. Mississippi, always enthusiastic for Jackson, pioneered several of those reforms but was slow to adopt others. Mississippi was the first state to provide for popular election of all its judges (1832) and at the urging of Piety Smith Hadley, an underappreciated figure in women’s history, it was the first to give women the right to control their own property (1839). Mississippi judges strongly resisted federal judges’ efforts to limit the extent to which legislatures could regulate corporations. Mississippi legislators actively regulated banks and other fledgling corporations but also guaranteed many banks’ obligations in order to sustain the credit system on which the state’s cotton economy relied. When early banks failed and their obligations fell due, Mississippi, unlike most Jacksonian states, repudiated its guarantees and rejected legal challenges to repudiation.

scholarly journals From Local Concerns to Global Challenges: Continuity and Change in Sub-state “Green Nationalism”

2022 ◽  
Vol 3 ◽  
Author(s):  
Mark F. Hau
Keyword(s):  
Climate Change ◽  
Global Climate ◽  
State Level ◽  
Progressive Politics ◽  
Political Actors ◽  
Global Challenge ◽  
Continuity And Change ◽  
Role Of The State ◽  
Climate Action ◽  
The Right

Issues related to anthropogenic climate change such as global warming, fossil fuel emissions, and renewable energy have emerged as some of the most important and pertinent political questions today. While the role of the state in the Anthropocene has been explored in academia, there is a severe dearth of research on the relationship between climate change and nationalism, especially at the sub-state level. This paper builds on the concept of “green nationalism” among sub-state nationalist parties in European minority nations. Using a multimodal analysis of selected European Free Alliance (EFA) campaign posters from the past 30 years, the article explores an extensive “frame bridging” where minority nationalist political actors actively seek to link environmental issues to autonomy. Although there is an apparent continuity in minority nationalist support for green policies, earlier initiatives focused on preservation of local territory while EFA parties today frame climate change as a global challenge that requires local solutions, which only they can provide. The frame bridging between territorial belonging and progressive politics has lead to the emergence of an environmentally focused, minority nationalist agenda that advocates for autonomy in order to enact more ambitious green policies, or “green nationalism”. This shows that nationalism in the right ideological environment can be a foundation for climate action, as minority nationalist actors base their environmentally focused agenda to address the global climate crisis precisely on their nationalist ideology.

The Evolution of Bank Supervisory Institutions: Evidence from American States

2015 ◽  
Vol 75 (3) ◽  
pp. 819-859 ◽  
Author(s):  
Kris James Mitchener ◽  
Matthew Jaremski
Keyword(s):  
Commercial Banks ◽  
State Legislatures ◽  
State Level ◽  
The State ◽  
Data Set ◽  
Structural Shift ◽  
American States ◽  
The Creation

We use a novel data set spanning 1820–1910 to assess the factors leading to the creation of formal bank supervisory institutions across American states. We show that it took more than a century for all states to create separate agencies tasked with monitoring the safety and soundness of banks. State legislatures initially pursued cheaper regulatory alternatives, such as double liability laws; however, banking distress at the state level as well as the structural shift from note-issuing to deposit-taking commercial banks and competition with national banks propelled policymakers to adopt costly and permanent supervisory institutions.

Asymmetric Partisan Polarization, Labor Policy, and Cross-State Political Power-Building

2019 ◽  
Vol 685 (1) ◽  
pp. 64-79
Author(s):  
Alexander Hertel-Fernandez
Keyword(s):  
Republican Party ◽  
State Level ◽  
Labor Policy ◽  
Policy Feedback ◽  
Political Actors ◽  
Partisan Polarization ◽  
Feedback Strategies ◽  
Distribution Of Power ◽  
The Right

As the Republican Party has moved to the Right, conservative politicians have become more comfortable viewing policy as a means of demobilizing their political adversaries. In this article, I show how conservative activists within the Republican Party have leveraged cutbacks to union rights to weaken their political opponents. This case study thus reveals the role of policy feedback strategies in asymmetric partisan polarization. It also illustrates lessons about the conditions under which policy feedback can durably shift the distribution of power in America’s fragmented polity. These insights underscore how the success of policy feedback effects depends not just on the initial passage of policies in one city or state, but on the ability of political actors to organize in multiple venues simultaneously. In particular, they highlight the importance of organizing at the cross-state level given the substantial political authority of states.

scholarly journals The Right to a Well-Rested Jury

2020 ◽  
pp. 1459
Author(s):  
Caroline Howe
Keyword(s):  
Sleep Deprivation ◽  
State Legislatures ◽  
State Courts ◽  
Vast Amount ◽  
Trial Judges ◽  
Jury Deliberations ◽  
The Right ◽  
Scholarly Attention

The vast amount of control that state trial judges exercise over the dynamics of their courtrooms is well established. The length of trial days and jury deliberations, however, has received little scholarly attention. Longstanding research has conclusively established the disruptive effects of sleep deprivation on many of the mental facilities necessary for juries to competently fulfill their duties. By depriving juries of sleep, trial judges may be compromising the fair rights of criminal defendants for the sake of efficiency. This Note argues that trial judges must use their discretion to ensure juries are well-rested, keeping jurors’ needs in mind. Further, state legislatures have a responsibility to properly fund state courts and to pass legislation that ensures overlong tri-al days do not impact verdicts handed down.

QUO VADIS HUKUM ISLAM (ANTARA IDEALITAS DAN REALITAS INDONESIA)

2020 ◽  
Vol 8 (2) ◽  
pp. 97-108
Author(s):  
Dinda Izzati
Keyword(s):  
Political Rights ◽  
Right To Life ◽  
Economic Rights ◽  
Christian Communities ◽  
Basic Assumptions ◽  
Eastern Indonesia ◽  
The Republic ◽  
Quo Vadis ◽  
The Right

Evidently, a few months after the Jakarta Charter was signed, Christian circles from Eastern Indonesia submitted an ultimatum, if the seven words in the Jakarta Charter were still included in the Preamble to the 1945 Constitution, then the consequence was that they would not want to join the Republic of Indonesia. The main reason put forward by Pastor Octavian was that Indonesia was seen from its georaphical interests and structure, Western Indonesia was known as the base of Islamic camouflage, while eastern Indonesia was the basis for Christian communities. Oktavianus added that Christians as an integral part of this nation need to realize that they also have the right to life, religious rights, political rights, economic rights, the same rights to the nation and state as other citizens, who in fact are mostly Muslims. This paper aims to determine and understand the extent to which the basic assumptions of the Indonesian people view the role of Islam as presented in an exclusive format.

Fulfilling the Right to Food for South Africa: Justice, Security, Sovereignty and the Politics of Malnutrition

2020 ◽  
Vol 11 (3) ◽  
pp. 112-152
Author(s):  
Busiso Helard Moyo ◽  
Anne Marie Thompson Thow
Keyword(s):  
South Africa ◽  
Food Systems ◽  
Food System ◽  
Food Sovereignty ◽  
Food Justice ◽  
System Transformation ◽  
Right To Food ◽  
Economic Rights ◽  
The Individual ◽  
The Right

Despite South Africa’s celebrated constitutional commitments that have expanded and deepened South Africa’s commitment to realise socio-economic rights, limited progress in implementing right to food policies stands to compromise the country’s developmental path. If not a deliberate policy choice, the persistence of hunger, food insecurity and malnutrition in all its forms is a deep policy failure.  Food system transformation in South Africa requires addressing wider issues of who controls the food supply, thus influencing the food chain and the food choices of the individual and communities. This paper examines three global rights-based paradigms – ‘food justice’, ‘food security’ and ‘food sovereignty’ – that inform activism on the right to food globally and their relevance to food system change in South Africa; for both fulfilling the right to food and addressing all forms of malnutrition. We conclude that the emerging concept of food sovereignty has important yet largely unexplored possibilities for democratically managing food systems for better health outcomes.

Navigating the Complex Maze of Ethics CPE

2010 ◽  
Vol 10 (1) ◽  
pp. 88-104 ◽  
Author(s):  
Howard O. Rockness ◽  
Joanne W. Rockness
Keyword(s):  
Detailed Analysis ◽  
Ethics Education ◽  
State Level ◽  
Course Content ◽  
Complex Maze ◽  
Education Literature ◽  
Current State ◽  
Multiple State ◽  
Ethics Courses ◽  
Overall Effectiveness

ABSTRACT: This paper evaluates the current state of ethics CPE requirements for the CPA profession in the context of the ethics literature in philosophy, business, and accounting and documents the development of state-level ethics requirements for CPAs. It presents a detailed analysis of ethics CPE requirements by state including hours required, frequency required, acceptance of ethics CPE across state lines, and course content. The paper then proposes changes in the content of CPE-required ethics courses consistent with the ethics education literature and to reduce the complexity of meeting multiple state requirements. The recommendations would improve the overall effectiveness of ethics CPE for CPAs.

Accountability in Global Governance

2020 ◽  
Author(s):  
Gisela Hirschmann
Keyword(s):  
Human Rights ◽  
Global Governance ◽  
International Organizations ◽  
Third Parties ◽  
Human Rights Violations ◽  
The European Union ◽  
Economic Rights ◽  
The Right ◽  
Austerity Policy ◽  
Comprehensive Study

How can international organizations (IOs) like the United Nations (UN) and their implementing partners be held accountable if their actions and policies violate fundamental human rights? Political scientists and legal scholars have shed a much-needed light on the limits of traditional accountability when it comes to complex global governance. However, conventional studies on IO accountability fail to systematically analyze a related, puzzling empirical trend: human rights violations that occur in the context of global governance do not go unnoticed altogether; they are investigated and sanctioned by independent third parties. This book puts forward the concept of pluralist accountability, whereby third parties hold IOs and their implementing partners accountable for human rights violations. We can expect pluralist accountability to evolve if a competitive environment stimulates third parties to enact accountability and if the implementing actors are vulnerable to human rights demands. Based on a comprehensive study of UN-mandated operations in Afghanistan, Bosnia, and Kosovo, the European Union Troika’s austerity policy, and global public–private health partnerships in India, this book demonstrates how competition and human rights vulnerability shape the evolution of pluralist accountability in response to diverse human rights violations, such as human trafficking, the violation of the rights of detainees, economic rights, and the right to consent in clinical trials. While highlighting the importance of studying alternative accountability mechanisms, this book also argues that pluralist accountability should not be regarded as a panacea for IOs’ legitimacy problems, as it is often less legalized and might cause multiple accountability disorder.

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