The American Constitution: First and Second Foundings

2018 ◽  
Author(s):  
Jud Mathews
Keyword(s):  
The State ◽  
The Political ◽  
Late Nineteenth Century ◽  
Constitutional Rights ◽  
American Constitution ◽  
State Action ◽  
Strong State ◽  
American Tradition ◽  
Late Nineteenth ◽  
State Action Doctrine

Officially, the U.S. Supreme Court hews to a strong state action requirement and rejects the idea that constitutional rights can shape what private parties owe each other. To highlight some of the peculiarities of the state action doctrine, this chapter begins with a detailed discussion of a modern case, Brooks v. Flagg Brothers. Then, to understand the doctrine’s origins, the chapter turns to history. This chapter illuminates the political logic of the state action requirement at the time when the Court first imposed it, in the late nineteenth century. The chapter also highlights more flexible approaches to conceptualizing rights in the American tradition that were closed off with the choice for a strong state action rule.

scholarly journals Mass petitions as a way to evaluate ‘public opinion’ in the late nineteenth-century Ottoman empire? The case of internal strife among Gaza’s elite

2013 ◽  
Vol 4 (2) ◽  
pp. 135-152 ◽  
Author(s):  
Yuval Ben-Bassat
Keyword(s):  
Nineteenth Century ◽  
Public Opinion ◽  
Ottoman Empire ◽  
The State ◽  
The Political ◽  
Late Nineteenth Century ◽  
Free Press ◽  
Late Nineteenth ◽  
Political Alignments ◽  
Key Questions

This article evaluates collective petitions (arz-ı mahzars) sent to Istanbul from Gaza at the end of the nineteenth century as a way of assessing the political mood of the elite in Ottoman provincial towns. Gaza was the theatre of considerable tension, cleavages, and rivalry among its elite. One of the key questions in this context is the implications of sending collective petitions from towns such as Gaza to the imperial centre given the political censorship and the absence of free press at a time when there was nonetheless greater communication between the centre and the provinces, and an altered relationship between the state and its subjects. Thus more than ever before collective petitions represented local political alignments and what could be very cautiously defined as ‘public opinion’ among the elite in provincial Ottoman towns such as Gaza.

State Action and Constitutional Containment

2018 ◽  
Author(s):  
Jud Mathews
Keyword(s):  
Nineteenth Century ◽  
Twentieth Century ◽  
Civil Rights ◽  
The State ◽  
Late Nineteenth Century ◽  
Constitutional Interpretation ◽  
State Action ◽  
Late Nineteenth ◽  
American Society ◽  
The U.S

This chapter explores the U.S. Supreme Court’s use of, and departures from, the state action rule. It begins by reconstructing the state action rule’s origins in the Civil Rights Cases. From the late nineteenth century onward, the state action rule served as a constitutional containment device, bolstering the Court’s monopoly over constitutional interpretation and eliminating uncomfortable questions about what rights meant for the ordering of American society. A changing political context and the emergence of new normative demands in the twentieth century put this regime under pressure, which the Court managed through a series of strategic evasions of the state action rule, even while pledging fealty to it.

Introduction

2018 ◽  
Author(s):  
Nurit Yaari
Keyword(s):  
Nineteenth Century ◽  
Eastern Europe ◽  
The Political ◽  
Late Nineteenth Century ◽  
Jewish Culture ◽  
The Past ◽  
Future State ◽  
History Of ◽  
Late Nineteenth ◽  
State Of Israel

This chapter examines the lack of continuous tradition of the art of the theatre in the history of Jewish culture. Theatre as art and institution was forbidden for Jews during most of their history, and although there were plays written in different times and places during the past centuries, no tradition of theatre evolved in Jewish culture until the middle of the nineteenth century. In view of this absence, the author discusses the genesis of Jewish theatre in Eastern Europe and in Eretz-Yisrael (The Land of Israel) since the late nineteenth century, encouraged by the Jewish Enlightenment movement, the emergence of Jewish nationalism, and the rebirth of Hebrew as a language of everyday life. Finally, the chapter traces the development of parallel strands of theatre that preceded the Israeli theatre and shadowed the emergence of the political infrastructure of the future State of Israel.

The State Action Doctrine and The Local Government Antitrust Act: The Restructured Public Hospital Model

1988 ◽  
Vol 14 (2-3) ◽  
pp. 171-219
Author(s):  
Theodore N. McDowel ◽  
J. Marbury Rainer
Keyword(s):  
Local Government ◽  
Public Hospital ◽  
The State ◽  
State Action ◽  
Hospital Facility ◽  
Practical Matter ◽  
Antitrust Analysis ◽  
The Impact ◽  
State Action Doctrine ◽  
Public Entity

This Article analyzes the development and complexities of the antitrust state action doctrine and the Local Government Antitrust Act as these doctrines apply to both “municipalities” and private entities. The restructuring of a public hospital is used as a model to facilitate the antitrust analysis. The restructuring model, which typically involves the leasing of a hospital facility by a public entity to a private nonprofit corporation, offers the unique opportunity to compare the different standards employed under the state action doctrine and the Local Government Antitrust Act. As a practical matter, the Article provides a framework for a public hospital to evaluate the impact of corporate restructuring on its antitrust liability exposure and to develop strategies to minimize antitrust risks.

The Concept of Asia: From Geography to Ideology

2006 ◽  
Vol 35 ◽  
pp. 21-35
Author(s):  
Hiroshi Mitani
Keyword(s):  
Nineteenth Century ◽  
Early Modern ◽  
East Asia ◽  
Regional Integration ◽  
The Political ◽  
Late Nineteenth Century ◽  
Historical Process ◽  
Contemporary World ◽  
Late Nineteenth ◽  
Asian People

In the contemporary world the word “Asia” invokes a sense of regional integration or solidarity among Asian peoples. This sense of the word is rather recent and can only be traced back to the late nineteenth and early twentieth centuries. In that period, Japan called on Asian people to unify against the Western threat under its leadership. But until the late nineteenth century, “Asia” was a purely geographical term; merely the name of one of the five continents-a concept that had been modeled by early modern Europeans.In this essay I will discuss how and why the political usage of the word “Asia,” stressing Asian solidarity, was invented by the Japanese around the 1880s. I also investigate the ways in which this sense of the word spread to the rest of the geographical region of Asia. In order to understand the unfolding of this historical process, we should first examine the traditional concepts of world geography in Japan and how the European concept of Asia was introduced into East Asia.

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