Foreshadowing the Civil Rights Counter-Revolution

2021 ◽  
pp. 1-28
Author(s):  
Jeffery A. Jenkins ◽  
Justin Peck
Keyword(s):  
Civil Rights ◽  
Republican Party ◽  
Great Society ◽  
Johnson Administration ◽  
Housing Provision ◽  
Fair Housing ◽  
Policy History ◽  
Legislative Policy ◽  
The Moment ◽  
The Right

Abstract After overseeing the adoption of two landmark civil rights proposals in 1964 and 1965, the Johnson administration and its allies in Congress sought to implement the third item of its broader agenda: a legal prohibition on racial discrimination in the sale and rental of housing. Enacting fair housing legislation, however, proved to be a vexing process. Advocates had to win support from northern White Democrats skeptical of the policy, as well as Republicans who were often (and increasingly) unreliable allies. Fair housing legislation failed in 1966 (89th Congress) but passed two years later, during the 90th Congress. We provide a legislative policy history detailing how, after three tumultuous years, Congress came to enact the fair housing provision of the Civil Rights Act of 1968. Overall, the battle to enact fair housing legislation presaged a dynamic that would take hold as the Great Society gave way to the Nixon years: once federal civil rights policies started to bear directly on the lives of White northerners, they became much harder to pass and implement. It also showcased the moment at which the Republican Party in Congress first moved to the right on civil rights and explicitly adopted a position of racial conservatism.

scholarly journals Modernizing slavery : investigating the legal dimension

1999 ◽  
Vol 73 (3-4) ◽  
pp. 5-26 ◽  
Author(s):  
Mary Turner
Keyword(s):  
Civil Rights ◽  
Slave Labor ◽  
Labor System ◽  
The Moment ◽  
The Right ◽  
Free Status

Reviews the laws devised by the imperial government to dismantle the slave labor system in the period 1823-38 in order to locate the moment of articulation between chattel and wage slavery. According to the author, the distinguishing feature of these new laws was that the workers lost the right to labor bargaining. Abolition brought free status and civil rights, but the new labor system was not less rigorous.

scholarly journals Influence of Subjective Civil Rights Protection on the Dynamics of Contractual Obligations

2019 ◽  
pp. 67-79
Author(s):  
Oleh OMELCHUK
Keyword(s):  
Civil Rights ◽  
Stages Of Change ◽  
Scientific Article ◽  
Legal Rules ◽  
Legal Relationship ◽  
Person Features ◽  
Contractual Obligations ◽  
The Moment ◽  
The Right ◽  
Self Protection

The scientific article explores the influence of methods of protection of subjective civil rights on the dynamics of contractual binding legal relations. Scientific approaches to understanding the concepts of «protection» and «protection of civil rights» have been identified. Reference is made to the relevance of the concept of «protection of civil rights» as the application of a system of methods provided for by law aimed at «termination of violation, restoration or recognition of a civil right or compensation of damages caused to the entitled person». Features are described and the concept of ways to protect subjective civil rights is defined. The concepts of «means of protection» and «measures of protection» are distinguished. Special and general ways of civil rights are described. It is concluded that special ways of protecting civil rights are provided for in the legal rules governing specific legal relations, in particular with regard to contractual binding legal relations. It is determined that civil law grants every person the right to protection of his civil right in case of its violation, non-recognition or challenge. It is stated that certain types of contractual obligations apply means of protection, which are measures of liability. The relationship between «operational measures» and «methods of self-protection» has been studied, and it has been determined that operational measures are a form of self-protection methods, as they have a number of common features. It has been proven that any legal relationship is in the dynamics associated with legal facts from the moment of its occurrence to the moment of termination, which are mostly distant from each other in time and space. It is justified that both general and special ways of protecting civil rights are possible at the stage of the establishment of a contractual binding legal relationship. Along with the emergence of a legal relationship, the stages of change and termination of the legal relationship occupy a place.

scholarly journals MANAGING PUBLIC PROCUREMENT APPEALS

2019 ◽  
Vol 4 (4) ◽  
pp. 79-85
Author(s):  
Anna SLOBODIANYK ◽  
Nadiya REZNIK
Keyword(s):  
Civil Rights ◽  
Process Analysis ◽  
Public Procurement ◽  
Individual Case ◽  
The Public ◽  
Procurement Contract ◽  
Procurement Procedure ◽  
The Moment ◽  
The Right ◽  
Procurement System

Introduction. The main purpose of the public procurement system is determined by the need to ensure efficient use of budget funds in the development of competition, transparency and openness of the procurement process organization. The purpose of the research is to conduct the process analysis of contesting the public procurement procedure by tenderers. Results. The authors argue that evaluating the dispute resolution effectiveness between the complainant and the customer on the basis of the balance of rights, interests, and objectives of the procurement law is, in practice, an extremely difficult issue that must be resolved in each individual case. The specifics of determining the procurement subject by the customer are highlighted in such a way as to preserve the right to choose the product that suits him best and not to buy the cheapest existing product on the market, such as paper according to certain parameters of density and level of linen. But if the customer has already defined in the tender documentation technical and the qualitative characteristics of the procurement subject, he has no right to further deviate from them when selecting the winner. It is proved that the appeal procedure is created specifically to ensure a quick and professional settlement of conflicts between the participant or potential participant of the procurement procedure and the customer regarding the actions of the customer, which violate the right of such participant in the procurement procedure and the conclusion of the contract with the customer. Attention is drawn to the appeal terms of the tender documentation claim being challenged and the possible addition of justification for the need to amend the conditions of the tender documentation with the opportunity to give additional evidence. Conclusions. From the moment of the procurement contract conclusion between the state customer and the successful tenderer, classic private legal relations emerge, and consequently, after the conclusion of the procurement contract for public funds, which is the final stage of the procurement procedures, civil rights and obligations arise between the parties, and consequently civil rights and obligations arise to appeal the procurement procedure. Keywords: public procurement; body of appeal; tender documentation; the subject of the appeal; legislation on public procurement.

Temporal certainty of material civil legal relations. Some problematic issues

2021 ◽  
pp. 91-96
Author(s):  
P. Guyvan
Keyword(s):  
Civil Rights ◽  
New Right ◽  
Legal Relationship ◽  
Temporal Boundary ◽  
The Moment ◽  
Definition Of ◽  
The Right ◽  
Substantive Law ◽  
Real Essence ◽  
The Relationship

This article is devoted to the study of the scientific question of the temporal parameters of the certainty of the protection and legal relationship that arises in the case of violation of the subjective civil rights of the person. The author’s vision of the time of existence of the law is given, in this context the fundamental difference between the concepts of "duration of the legal relationship" and "time of exercise of subjective right" is substantiated. It is substantiated that the duration of the behavior of the contractors is not always equal to the duration of the legal relationship, because the moment of the relationship does not always coincide with the moment of its implementation. Along with the legal relationship arises not the behavior itself, but only the legal means of ensuring such behavior – a subjective right and legal obligation. So, on the other hand, the time for the exercise of a subjective right coincides with the period of its existence. Given that the temporal factors in the protection of law have a significant specificity of regulation, a fundamental separation of protective and regulatory material relations. The fact is that it is not always easy to establish a temporal boundary when an intact right passes to a disturbed state. This means that there are certain problems in accessing the appropriate protective tools. Examples of such substitution of concepts and criteria for their elimination are given. The paper also provides a scientific definition of the real essence of the protective relationship, which is that in the case of violation of subjective substantive law there is a different than before, the interaction, which is protective and legal in nature. It includes the material claim of the right holder to the infringer and the corresponding obligation of the latter. It is noted that the forms of implementation of the protection requirement of the holder of the new right may be different, each of them has its own time regulators. For example, a lawsuit is filed for a limited period of time – a statute of limitations, while for operational measures or other out–of–court claims there are special deadlines, or no time limit at all. Therefore, the need for a separate temporal mediation of each of these methods of protective response is emphasized.

scholarly journals Konsep Nasab, Istilhâq, dan Hak Perdata Anak Luar Nikah

2012 ◽  
Vol 12 (2) ◽  
Author(s):  
Muhammad Taufiki
Keyword(s):  
Civil Rights ◽  
Married Couple ◽  
Basic Rights ◽  
The Moment ◽  
The Right

Abstract: The Concept of Family, istilhâq, and civil rights of children born out of wedlock. One of the basic rights that all newborns have is the right to family. This means that the moment a child is born it immediately gets the right to belong to his parents’ family, in addition to other rights that relate to being related to that family. However, not all children are born with as good a lot as that. If that is the case, Islam has several ways for that child to get to have family. A family can be sought through iqrâr (declaration), evidence, and istilhâq. Once that family has been linked, civil rights, which he gets from having that father, automatically apply to that child. Children born out of wedlock can be linked to a family with people who are willing to be compassionate towards the child’s mother, when that birth doesn’t happen as a result of adultery. In that case, it is permissible if the nature of the birth is either uncertain or didn’t happen through adultery. A child born to a married couple considered unlawful can be linked to another family and with them get his or her civil rights as needed from the father of that family.Keyword: family, istilhâq, civil right, children born ouy of wedlockAbstrak: Konsep Nasab, Istilhâq, dan Hak Perdata Anak Luar Nikah. Anak yang terlahir ke dunia memiliki hak nasab sebagai salah satu hak dasar yang dimilikinya. Ini berarti bahwa saat anak terlahir langsung mendapatkan hak nasab dari ayahnya dengan hak-hak lain yang melekat akibat adanya kaitan nasab itu. Akan tetapi, tidak semua anak terlahir dengan nasib sebaik itu. Dalam hal ini, Islam memiliki beberapa cara untuk mendapatkan nasab itu. Nasab bisa didapat melalui iqrâr (pengakuan), pembuktian, dan istilhâq. Bila nasab itu sudah terkait, maka hak-hak perdata anak secara otomatis melekat pada anak itu yang dapat diperolehnya dari ayahnya. Anak luar nikah bisa dikaitkan nasabnya dengan orang yang menanam benihnya ke rahim ibu si anak, bila hal itu terjadi bukan karena zina. Dalam hal ini, bisa karena syubhât atau hal lain selain zina. Anak yang terlahir dalam pernikahan yang dinggap tidak sah bisa dikaitkan nasabnya dengan ayahnya dan mendapatkan hak perdata sebagaimana mestinya, bila hal itu dilakukan oleh ayahnya.Kata Kunci: nasab, istilhâq, hak perdata, anak luar nikahDOI: 10.15408/ajis.v12i1.966

scholarly journals The problems of recognition of property right on not accepted for operation immovable property as judicial way of protection of investor’s subjective civil rights and interests

2020 ◽  
pp. 94-102
Author(s):  
Denis Spesivtsev
Keyword(s):  
Civil Rights ◽  
Point Of View ◽  
Property Right ◽  
Real Property ◽  
Scientific Approach ◽  
The Moment ◽  
Investment Object ◽  
The Right ◽  
Judicial Protection ◽  
Right Of Property

The article contains the results of author’s idea of an order of usage such way of protection of investor’s subjective civil rights on immovable property (an investment object) and his interests in it as recognition of property right. Nowadays the usage of such protecting way linked to two main problems. The first problem is an object of protection. At the moment of sue the investor has no property right on appropriate immovable thing that makes it impossible to protect it with above-mentioned way. The second problem is a widespread approach according to which the investor has a right to claim the right of property but does not has such right of property till the thing is taken into operation. Moreover scientific approach according to which till the immovable thing is taken into operation it considered as construction in process is supported in modern juridical literature. This make impossible to recognize property right on appropriate thing as on immovable one. The author proposes an alternative point of view on appropriate problem. In his opinion such way of protecting as recognition of the right of property on immovable thing, that is the investment object, can be used for protection of investor’s right to claim in appropriate relationship as well as for protection his proprietary interest in acquisition the right of property on appropriate real property. At the same time the taking of the immovable property into operation confirms the fact of the completion of the construction building but is not a circumstance that leads to such completion. The author states that an amendments that have been done in current legislative provisions of Ukraine during the last several years expanded the court’s possibilities in protection of investor’s rights in construction sector. Obviously the recognition of investor’s right to claim related to investment object doesn’t provide the satisfaction of his proprietary interest that is tendency to get right of property on appropriate immovable thing. Moreover, the right to claim is a mean of appropriate aim achievement. In this regard the most effective way of protection in analyzed situation is the recognition of investor’s right of property on immovable thing (investment object). Key words: immovable property, judicial protection, right of property, recognition of property right, proprietary interest

scholarly journals The Tempests of Time, Rights, Race and Justice: Mandela and MLK Jr. as Transformational Leaders or Beneficiaries of Extraordinary Circumstances?

2020 ◽  
Author(s):  
Stephen Magu
Keyword(s):  
Human Rights ◽  
African Americans ◽  
Civil Rights ◽  
Transformational Leaders ◽  
Magical Thinking ◽  
Nelson Mandela ◽  
The Us ◽  
The Moment ◽  
The Right ◽  
Historical Issues

The Rev. Martin Luther King Jr. and Nelson Mandela were two of the world's most iconic civil (political) (human) rights advocates and leaders of all time. Both advocated for, and to varying degrees, applied elements of peaceful protests to the achievement of their goals. Both spent time in jail, often concurrently, but eventually forced their respective countries to extend the same rights that white populations had denied Africans and African Americans. For the US, civil rights, voting rights, right to education, housing and housing loans suggested that equality had been achieved, capped in South Africa by the election of Nelson Mandela as the first majority-rule president, and in the US, by Barack Obama’s election to the presidency. Yet the historical over-policing, police mistreatment and more generally, the judicial system’s inordinate ‘targeting’ of African Americans, with egregious cases running from Emmett Till to Rodney King to Walter Scott to Breonna Taylor to George Floyd to Rayshard Brooks and thousands of others shows the danger of such magical thinking. The now-persistent global wave pursuing human rights, civil rights and the right to be treated equally, primarily driven by the loosely-organized Black Lives Matter (BLM) movement, has become the leading voice in pursuit of equality. Riots such as those in LA, protests in Ferguson and everywhere in summer 2020 has ushered new civil rights campaign. In the US and elsewhere, it has morphed to include historical issues such as monuments to colonialism, the US civil war, slavery and slave owners and traders, institutions, companies and people whose wealth and existence has links to slavery. Instructively, the protests persisted even as COVID-19, the hundred-year plague, continues to ravage the world. Lost in the moment is the absence of central leadership and leaders such as MLK or Mandela. Their charisma and effectiveness has been lacking for 50 years. This paper evaluates whether this has led to inconsistent civil and human rights pursuit for equality, or whether perchance, Mandela and MLK were extraordinary, once-in-a-lifetime transformative leaders uniquely selected by history for their time.

What are Civil Rights?

1991 ◽  
Vol 8 (2) ◽  
pp. 1-21 ◽  
Author(s):  
Lloyd L. Weinreb
Keyword(s):  
Civil Rights ◽  
The United States ◽  
Equal Employment Opportunity ◽  
Constitutional Rights ◽  
Fair Housing ◽  
Legal Doctrine ◽  
Federal Constitutional ◽  
Failure To Protect ◽  
The Right ◽  
Principal Task

For all the discussion and debate about civil rights, it is striking how little attention is given initially to the question of what civil rights are. There is no well-understood principle of inclusion or exclusion that defines the category. Nor is there an agreed list of civil rights, except perhaps a very short, avowedly nonexhaustive one, with rather imprecise entries. Yet, if the extension of the category of civil rights is uncertain, its significance is not. All agree that it is a principal task of government to protect civil rights, so much so, indeed, that a failure to protect them usually is regarded as outweighing substantial achievements of other kinds. But a right does not count as a civil right just because it is valuable or valued. Some of the rights most often asserted as civil rights reflect practical interests of their possessors considerably less than other actual or potential rights not so identified.In the United States, familiar legal doctrine provides a shortcut to the specification of civil rights. They are whatever is embraced by the provisions of the federal Civil Rights Acts: the right to vote, fair housing, equal employment opportunity, and so forth. That path, however, is not adequate for the present purpose. For the most part, the statutes refer explicitly or implicitly to federal constitutional rights, and the collective reference to them as civil rights is unexplained. The bases of the constitutional rights are too various to be a reliable guide to an independently designated category of civil rights.

White Backlash

2015 ◽  
Author(s):  
Marisa Abrajano ◽  
Zoltan L. Hajnal
Keyword(s):  
Ethnic Diversity ◽  
Republican Party ◽  
Large Scale ◽  
White Americans ◽  
Political Beliefs ◽  
White Backlash ◽  
Political Spectrum ◽  
Racial Divide ◽  
The Right ◽  
Political Backlash

This book provides an authoritative assessment of how immigration is reshaping American politics. Using an array of data and analysis, it shows that fears about immigration fundamentally influence white Americans' core political identities, policy preferences, and electoral choices, and that these concerns are at the heart of a large-scale defection of whites from the Democratic to the Republican Party. The book demonstrates that this political backlash has disquieting implications for the future of race relations in America. White Americans' concerns about Latinos and immigration have led to support for policies that are less generous and more punitive and that conflict with the preferences of much of the immigrant population. America's growing racial and ethnic diversity is leading to a greater racial divide in politics. As whites move to the right of the political spectrum, racial and ethnic minorities generally support the left. Racial divisions in partisanship and voting, as the book indicates, now outweigh divisions by class, age, gender, and other demographic measures. The book raises critical questions and concerns about how political beliefs and future elections will change the fate of America's immigrants and minorities, and their relationship with the rest of the nation.

Would you Make the Right Decision? – Decision Making Biases in Economy - Related Dilemmas

2018 ◽  
Vol 9 (1) ◽  
pp. 59-66
Author(s):  
Zsuzsanna Gödör ◽  
Georgina Szabó
Keyword(s):  
Decision Making ◽  
Online Survey ◽  
Framing Effect ◽  
Economic Knowledge ◽  
Bank Account ◽  
Financial Decisions ◽  
Hungarian Population ◽  
The Moment ◽  
The Right ◽  
Decision Making Biases

Abstract As they say, money can’t buy happiness. However, the lack of it can make people’s lives much harder. From the moment we open our first bank account, we have to make lots of financial decisions in our life. Should I save some money or should I spend it? Is it a good idea to ask for a loan? How to invest my money? When we make such decisions, unfortunately we sometimes make mistakes, too. In this study, we selected seven common decision making biases - anchoring and adjustment, overconfidence, high optimism, the law of small numbers, framing effect, disposition effect and gambler’s fallacy – and tested them on the Hungarian population via an online survey. In the focus of our study was the question whether the presence of economic knowledge helps people make better decisions? The decision making biases found in literature mostly appeared in the sample as well. It proves that people do apply them when making decisions and in certain cases this could result in serious and costly errors. That’s why it would be absolutely important for people to learn about them, thus increasing their awareness and attention when making decisions. Furthermore, in our research we did find some connection between decisions and the knowledge of economics, people with some knowledge of economics opted for the better solution in bigger proportion

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