Determining the Legitimacy of Laws That Use Racial/Ethnic Classifications

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Empirical Evidence ◽  
Legal System ◽  
Differential Treatment ◽  
Equal Treatment ◽  
Equal Protection ◽  
Equal Opportunities ◽  
The Us ◽  
Us Constitution ◽  
The Government ◽  
Racial Ethnic

Under the US Constitution, the government must ensure that individuals receive the equal protection of laws. This mandate, however, becomes challenging in that equal protection may be different depending on the involved individuals and circumstances. This chapter examines the general parameters of how the legal system addresses claims alleging violations of rights, such as those involving differential treatment based on race. The analysis demonstrates when discrimination exists in law and, equally important, discusses what is needed to envision ways to reach societal interests relating to equal opportunities and equal treatment. The chapter concludes by noting how these legal developments influence the potential relevance and utility of empirical evidence.

The Protection of Fundamental Human Rights

Japanese Law ◽  
2021 ◽  
pp. 89-114
Author(s):  
Hiroshi Oda
Keyword(s):  
Human Rights ◽  
Civil Code ◽  
Differential Treatment ◽  
Equal Treatment ◽  
Human Rights Law ◽  
Constitutional Review ◽  
The Us ◽  
Us Constitution ◽  
Illegitimate Children ◽  
Sizeable Number

In contrast to the previous Constitution, which was modelled on the 1850 Prussian constitution, the current Constitution of 1946 was heavily influenced by the US Constitution. In general, the courts has been instrumental in developing human rights law via constitutional review, particularly since the 1970s there have been a sizeable number of cases where the court found a law to be unconstitutional. The latest case involved a provision of the Civil Code which found the differential treatment of legitimate and illegitimate children in inheritance to be against equal treatment.

Legal Rationales Relating to School Segregation and Diversity

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Legal System ◽  
Differential Treatment ◽  
School Segregation ◽  
School Diversity ◽  
The Government ◽  
Do So

This chapter details how the legal system applies the legal developments to racial classifications, with a focus on school diversity and segregation. That analysis centers on the extent to which the government retains a compelling interest to assert a need for differential treatment and the extent to which the government’s actions reach the intended goals of furthering that compelling interest. To do so, the analysis proceeds in two directions, which reveal how the legal system raises questions that readily lend themselves to empirical formulations. The chapter concludes by presenting some of the key challenges raised by empirical evaluations of legal rationales, which sets the stage for the remainder of the book.

scholarly journals GENDER ASPECTS OF UKRAINIAN SOCIETY DEVELOPMENT: ACHIEVEMENTS AND PROBLEMS

2021 ◽  
Vol 77 (4) ◽  
pp. 39-50
Author(s):  
Galyna Utkina ◽  
◽  
Tetiana Datsiuk ◽  
Keyword(s):  
The State ◽  
Political Life ◽  
Equal Treatment ◽  
Sufficient Information ◽  
Equal Opportunities ◽  
Men And Women ◽  
Representation Of Women ◽  
Gender Culture ◽  
Gender Transformation ◽  
The Government

The authors note the existence of significant changes in the legal field of Ukraine on gender equality, awareness of the majority of the society of the importance of this issue for achieving equal opportunities and realization of women in the field of career and socio-political life. It is proved that the state pays more and more attention to specific mechanisms of gender transformation and takes into account international agreements signed and ratified by Ukraine. It is becaming a part of the world gender technologies. The state recognizes the main directions of gender democracy, restrictions which are based on the grounds of sex and aimed at the weakening, recognition, usage or exercising by women on the basis of equality between men and women, human rights and fundamental freedoms in political, economic, cultural, social or any other field of activity. The article concetrates on the imbalance between the awareness and the real state of gender issues in the labour market, wages and participation in politics. It is concluded that the most perfect laws and decisions of the Government will not be effective without overcoming the existing low level of gender culture in the society, creation of a sufficient information and consultation network in all regions of the country on implementation of equal opportunities of policy for men and women, introduction of equal treatment and equal opportunities for women and men in public policy in the field of labor, social policy, economic policy in order to prevent occupational segregation, eliminate inequality in wages, stimulate the growth of women's entrepreneurship, as well as to assess women's work; cooperation and interaction of various public administration bodies in the implementation of the principle of equal treatment and equal opportunities for women and men; balanced representation of women and men in the lists of candidates in elections and decision-making, improving the actual situation through the implementation of effective and concrete decisions and strategies.

Empirical Assessments of the Implementation of Laws Addressing School Segregation and Diversity

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
School Districts ◽  
Supreme Court ◽  
Empirical Evidence ◽  
Legal System ◽  
Racial Disparity ◽  
Economic Status ◽  
Empirical Support ◽  
School Segregation ◽  
The Us ◽  
Us Supreme Court

This chapter analyzes research related to the necessity of remedial approaches as well as potential alternatives to addressing racial disparity and the segregation of schools. These constitute critical analyses due to the manner in which the US Supreme Court addresses group classifications relating to race. These analyses reveal scant empirical evidence that addresses the law’s direct needs. Notably, it is not clear that integration efforts that use racial classifications are necessary to address the ills described by the legal system. In addition, it is not clear that alternatives, such as using economic status to shape school districts, increase integration in ways that reduce the harms associated with discrimination. In the end, the conclusion is not that these approaches could not receive empirical support; rather, it is that researchers simply have not engaged in the type of research needed to address key legal claims.

scholarly journals US Presidents: Personal Dimension

2018 ◽  
pp. 3-13
Author(s):  
R. V. Yengibaryan
Keyword(s):  
United States ◽  
The United States ◽  
Executive Power ◽  
Scientific Methods ◽  
World Community ◽  
The Us ◽  
The World ◽  
Us Constitution ◽  
The Government ◽  
And Behavior

Introduction. The personality of any US president due to his enormous constitutional authority and the place in the government structure of the country has always been considered extremely significant, even if in reality he did not quite measure up to the high moral and political criteria that both voters and the international community wanted him to meet.Materials and methods. Various scientific methods such as comparative-legal, systemic and a number of others form the methodological and research basis of the article.Results of the study. The US President, who is also the head of the Federal Government, the Commander-in-Chief of the Army and the US Navy is not only the first executive person of the country, but also the leader of one of the two leading political parties with enormous political and moral impact on the whole country, and the entire world community. During his term in office as President of the United States, all America and the whole world watch him on television, read and hear about him almost daily. To some extent he sets standards for men’s official fashion and behavior in society and in the family, he is a epitome of virtue and justice. How successful he is in this capacity is another question, but the fact is that the world community discusses his actions, words and behavior, wants to be like him or, on the contrary, criticizes him and does not agree with him, and this is an undeniable fact.Discussion and conclusion. With the date of the next presidential elections approaching and especially in the midst of the presidential campaign a large number of popular scientific and other publications are published in the United States and around the world on the institution of the US Presidency, its amazing stability and the ability to effectively lead the most dynamic branch of the three powers provided by the US Constitution the executive power.

Empirical Assessments of Legal Doctrine Responding to School Segregation and Diversity

2017 ◽  
Author(s):  
Roger J.R. Levesque
Keyword(s):  
Empirical Evidence ◽  
Differential Treatment ◽  
School Segregation ◽  
Social Scientists ◽  
Legal Doctrine ◽  
Unequal Treatment ◽  
Racial Ethnic

The utility of empirical findings rests on the relevant legal disputes and the interpretive mechanisms that will lead to their resolution. These determinative factors are at play in the legal system’s responses to racial/ethnic status. This chapter evaluates empirical evidence addressing the two fundamental approaches to segregation and diversity: anti-classification (resisting differential treatment) and anti-subjugation (permitting differential treatment). It addresses them in the context of schooling. The investigation reveals striking findings relating to the support of these major approaches to addressing unequal treatment. In fact, much of the research offered by social scientists fails to support the legal positions that they hope to influence.

scholarly journals Building Bridges: Perspectives on Partnership and Collaboration from the US Forest Service Tribal Relations Program

2017 ◽  
Vol 116 (2) ◽  
pp. 123-132 ◽  
Author(s):  
Michael J Dockry ◽  
Sophia A Gutterman ◽  
Mae A Davenport
Keyword(s):  
American Indian ◽  
Forest Service ◽  
Tribal Sovereignty ◽  
Executive Orders ◽  
Semistructured Interviews ◽  
The Us ◽  
Us Forest Service ◽  
Us Constitution ◽  
Indian Tribes ◽  
The Government

AbstractAmerican Indian tribes have inherent rights to national forestland and resources codified in treaties, the US Constitution, statutes, Presidential Executive Orders, and case law. These rights require a government-to-government relationship between each tribe and the US Forest Service (USFS), which recognizes federal trust responsibilities and tribal sovereignty. This is implemented through government-to-government consultation. Along with consultation, the USFS seeks to create opportunities to work in partnership with tribes to support natural resource management for mutual benefit. The purpose of this article is to explore partnership building and collaboration between the USFS and American Indian tribes in the context of the USFS tribal relations program. The article outlines successful practices and barriers for building partnerships between federally recognized tribes and the USFS. Qualitative research methods were used to analyze 26 semistructured interviews with USFS employees with tribal relations duties to understand their perspectives on building partnerships and fulfilling the government trust responsibility with American Indian tribes.

scholarly journals An Assessment of Right to Fair Trial Under the Constitution of Pakistan, 1973: A Comparative Study of the US and Pakistan

2020 ◽  
Vol V (IV) ◽  
pp. 31-39
Author(s):  
Bakht Munir ◽  
Ali Nawaz Khan ◽  
Naveed Ahmed
Keyword(s):  
Comparative Study ◽  
19Th Century ◽  
Fair Trial ◽  
Equal Protection ◽  
Constitutional Amendment ◽  
New Methods ◽  
The Us ◽  
Us Constitution ◽  
Speedy Trial ◽  
Made In

Right to fair trial is considered as the basic right affirmed by Islam and recognised by different international documents i.e., ICCPR, UDHR, etc. In Pakistan, the notion of fair trial has been incorporated through Article 10-A through 18th constitutional amendment. The two amendments were made in the US Constitution in 18th and 19th century i.e., 6th and 14th amendments which safeguards right to speedy trial, impartial jury, public trial and equal protection of law. The Investigation for Fair Trial Act, 2013, permits the use of new methods in collection of evidence and also bridles arbitrary powers from being used. However, being dissimilar to the essence of the Constitution, 21st Amendment was made to adopt Pakistan Army Act, 2015 in order to control the extremism. The key purpose of the article is to assess how far the efforts for the enforcement of right to fair trial in Pakistan are sufficient?

scholarly journals Investigating government spending multiplier for the US economy: empirical evidence using a triple lasso approach

2021 ◽  
Author(s):  
Zacharias Bragoudakis ◽  
Dimitrios Panas
Keyword(s):  
Empirical Evidence ◽  
Government Spending ◽  
Us Economy ◽  
Lag Selection ◽  
The Us ◽  
The Government ◽  
The Military

An essential dilemma in economics that has yielded ambiguous answers is whether governments should spend more in recessions. This paper provides an extension of the work of Ramey & Zubairy (2018) for the US economy according to which the government spending multipliers are below unity, especially when the economy experiences severe slack. Nonetheless, their work suffered from some limitations with respect to invertibility and weak instrument problem. The contribution of this paper is twofold: Firstly, it provides evidence that a triple lasso approach for the lag selection is a useful tool in removing the invertibility issues and the weak instrument problem. Secondly, the main results using a triple lasso approach suggest multipliers below unity for most cases with no evidence for differences between different states of the economy. Nevertheless, re-running the code in Ramey & Zubairy (2018), the case where WWII is excluded exhibits multipliers above unity, in both the military news and Blanchard-Perotti specifications, contradicting their baseline findings and providing evidence for a more effective government spending in recessions.

Stolen Valor

Liars ◽  
2021 ◽  
pp. 39-51
Author(s):  
Cass R. Sunstein
Keyword(s):  
Social Media ◽  
Supreme Court ◽  
Great Honor ◽  
The Public ◽  
The Us ◽  
Us Supreme Court ◽  
Relevant Case ◽  
Us Constitution ◽  
The Government ◽  
First Time

In 2012, the US Supreme Court ruled, for the first time in its history, that lies and falsehoods are protected by the US Constitution. In the relevant case, a politician said that he had won the Congressional Medal of Honor, which was a palpable lie. Referring to the risks that would come from an Orwellian Ministry of Truth, the Court ruled that the government could not punish that lie. The Court was quite right to say that some false statements are protected by the Constitution, but its decision was wrong, even preposterous. A lie is worse than an innocent mistake, or even a negligent one, and if a politician says that he obtained a great honor, he imposes real harm on the public. The Court’s decision seems especially ill-considered in light of the nature and power of modern social media. It should not be read to say that falsehoods and lies are generally protected by the Constitution.

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