Discrimination law can tolerate exceptions

2020 ◽  
pp. 43-65
Author(s):  
Andrew Koppelman
Keyword(s):  
Citizenship Status ◽  
Antidiscrimination Law ◽  
The Law ◽  
At Will ◽  
Religious Accommodations

Religious accommodations have been granted only when this can be done without defeating the purposes of the law. This chapter examines the purposes of antidiscrimination law. That body of law is an exception to the normal rule of contract at will. Generally, one may refuse to deal for any reason at all. Legislation is only necessary when discrimination is ubiquitous. The law can thus achieve its ends while excusing idiosyncratic dissenters. The harms that have been attributed to discrimination, such as damage to full citizenship status and dignitary harm, are carefully unpacked.

Perlindungan Hukum Harta Bawaan Debitur Pasca Perceraian

2021 ◽  
Vol 1 (1) ◽  
pp. 68-77
Author(s):  
Puspa Fitriyah
Keyword(s):  
Legal Protection ◽  
Legal Liability ◽  
Legal Certainty ◽  
Citizenship Status ◽  
Credit Guarantees ◽  
Personal Status ◽  
The Will ◽  
The Law ◽  
Joint Property ◽  
Husband And Wife

The problem of debt is included in the field of personal status, where marriages are carried out between spouses, which as a result of the law of debt become a burden to be borne together from marriage agreements between citizens, especially related to the distribution of joint assets. How is the legal liability of debtors to creditors in the final period of marriage? and How is the legal protection for the debtor's innate property? Regarding the marriage agreement, it is regulated in Article 29 of Law Number 1 of 1974 concerning Marriage. This is because of the agreement made between the husband and wife both regarding joint property after marriage and the child's guardianship rights as well as the citizenship status of the child and each party. The method used in this research is normative juridical and empirical juridical research which is analyzed using legal certainty theory and legal liability theory. From the results of the research. Events that often occur in the field of debt, debt repayments that must be paid by the debtor are often not as agreed. In the legal certainty of customer credit guarantees on objects of land and building mortgages, there is a decrease in the appraisal value by the bank, but the binding of credit guarantees with mortgages is carried out if a customer or debtor obtains credit facilities from the bank. Divorce is an abolition of marriage accompanied by a judge's decision. or at the will of one of the parties, both husband and wife, through the submission of a claim by one of the parties to the marriage. Keywords: Legal Liability, Debt, Creditors, Wife.

The New Federal Arbitration Law

2021 ◽  
pp. 203-206
Author(s):  
Julius Henry Cohen ◽  
Kenneth Dayton
Keyword(s):  
United States ◽  
Public Policy ◽  
The United States ◽  
Federal Courts ◽  
Commercial Activity ◽  
Business World ◽  
The Law ◽  
Federal Jurisdiction ◽  
And Control ◽  
At Will

This article focuses on the federal arbitration law. On February 12, 1925, President Calvin Coolidge signed the United States Arbitration Law, which became effective on January 1, 1926. This act reversed the hoary doctrine that agreements for arbitration are revocable at will and are unenforceable, and in the language of the statute itself, they are made “valid, enforceable and irrevocable” within the limits of federal jurisdiction. There are three evils which arbitration is intended to correct: (1) the long delay usually incident to a proceeding at law, in equity or in admiralty, especially in recent years in centers of commercial activity, where there has arisen great congestion of the court calendars; (2) the expense of litigation; and (3) the failure, through litigation, to reach a decision regarded as just when measured by the standards of the business world. The article then argues that the proposed law rests upon the constitutional provision by which Congress is authorized to establish and control inferior federal courts. It also contends that sound public policy demands specific enforcement of arbitration agreements by the law.

Regulating Mixed Marriages through Acquisition and Loss of Citizenship

2015 ◽  
Vol 662 (1) ◽  
pp. 170-187 ◽  
Author(s):  
Betty de Hart
Keyword(s):  
Privileged Access ◽  
Citizenship Status ◽  
Mixed Marriages ◽  
Key Indicator ◽  
Problematic Relationship ◽  
Sociocultural Integration ◽  
The Law ◽  
Mainstream Society ◽  
Over Time

Mixed marriages have always had an ambiguous and often problematic relationship with the law. On one hand, mixed marriages have been seen as a key indicator of sociocultural integration into mainstream society. In terms of the law, this perception has been expressed, for example, as privileged access to citizenship status for immigrant family members of citizens. On the other hand, mixed marriages have been seen as a threat to society and social cohesion. In this article, I argue that these contradictory perceptions of mixed relationships have informed the development of citizenship law over time. Building on literature on the regulation of mixed marriages in law, as well as gender and citizenship law, I use the Netherlands as a case study to demonstrate how citizenship law has been used as a tool to prevent certain types of “undesirable” mixed couples and how this approach has informed Dutch citizenship law until today.

Unequal Coverage

2017 ◽  
Keyword(s):  
Affordable Care Act ◽  
Insurance Coverage ◽  
The United States ◽  
Lessons Learned ◽  
Citizenship Status ◽  
Role Of Government ◽  
Care Workers ◽  
The Everyday ◽  
The Law

Unequal Coverage documents the everyday experiences of individuals across the United States as they attempted to access coverage and care in the five years following the passage of the Affordable Care Act (ACA). The contributors to this edited volume employ research methods rooted in ethnography and focused on how reform was actually experienced on the ground by frontline health care workers, the newly insured, and those who remained uninsured. The book argues that while the ACA did extend social protections to some groups previously excluded from health insurance, its design- and controversy-plagued implementation also created new forms of exclusion. Access to affordable coverage options were highly segmented by state of residence, income, and citizenship status. To explain and contextualize the stratified experiences of health reform that the book’s authors documented across nine states, Unequal Coverage explores interrelated themes from medical anthropology: stratified citizenship, risk, and responsibility. In the years since its enactment, some 20 million uninsured Americans gained access to insurance coverage. And yet, the law remained unpopular and politically vulnerable. This book illustrates lessons learned from the contentious implementation of the ACA and reveals how the law became a flashpoint for battles over inequality, fairness, and the role of government.

Elections and borderlands in Ghana

2019 ◽  
Vol 118 (473) ◽  
pp. 672-691 ◽  
Author(s):  
Nathalie Raunet Robert-Nicoud
Keyword(s):  
Political Parties ◽  
Local Level ◽  
Citizenship Status ◽  
The Real ◽  
Electoral Outcomes ◽  
Identification Documents ◽  
The Law

Abstract In the nationwide debates in the build-up to the Ghana elections of December 2016, the New Patriotic Party, then in the opposition, claimed that 76,000 individuals were registered on both the Togolese and the Ghanaian voters’ registers, casting doubt on the citizenship status of voters who crossed the border from Togo to vote in Ghana. The issues that political parties continually raise about the voters’ register result in recurrent debates about identification documents and belonging. This article poses the underlying questions that many election analyses overlook: who is the electorate? Who decides who belongs to the nation? I argue that the criteria for belonging are neither those that are set in the law, nor those that seem to be suggested by political parties, but those that are decided at a local level where communities are the real gatekeepers of the vote. This article contributes to the literature on elections in Africa by highlighting the porosity of borders in a mobile world, not purely in terms of electoral outcomes, but in terms of broader issues about citizenship and belonging.

XIV. On the mathematical expression of observations of complex periodical phenomena; and on planetary influence on the earth's magnetism

1875 ◽  
Vol 165 ◽  
pp. 361-402
Keyword(s):  
Mathematical Expression ◽  
The Other ◽  
Periodic Functions ◽  
The Law ◽  
At Will

The writers purpose in the following pages to determine, by Bessel’s method, a mathe­matical expression for a periodical phenomenon from observations which are affected by one or more other periodical phenomena, and to find criteria for judging of the extent to which the expression is affected by these other phenomena; also, having found an expression for a period of known approximation to the truth, to find from it the expression for the true period. In the course of these inquiries, certain ambiguities which affect similarly Bessel’s expression for a single periodical phenomenon and the results here arrived at will be remarked upon; and, finally, the results will be applied to determine the nature of periodic planetary magnetic influence in particular cases. 2. In Bessel’s paper “On the Determination of the Law of a Periodic Phenomenon” (a translation of which has been published by the Meteorological Committee in the Quarterly Weather Report, part iv. 1870), the author describes, in Section VII., how periodical phenomena which depend on two or more angles can be developed from observations of the same; and he remarks upon the simplicity of a certain class of cases in which both angles are exact measures of 2π, and one is a multiple of the other. In the description of the process occur the following words:- “If we designate the two angles by x , x’ , then in the expression y = p + p 1 cos x + q 1 sin x + p 2 cos2 x + q 2 Sin2 x + &c. the p , p 1 , q 1 , &c. which occur are not constant, but depend on x'; and as they are periodic functions of x', each of them has an expression of the form a+ a 1 cos x' + b 1 sin x '+ a 2 cos2 x' + b 2 sin2 x' +&c.

Lawlessness in Russia? Rethinking the Narratives of Law

2016 ◽  
Author(s):  
Kathryn Hendley
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Institutions ◽  
The Rule Of Law ◽  
The Law ◽  
Fundamental Value ◽  
Soviet Russia ◽  
Willingness To Use ◽  
At Will

This book examines how ordinary Russians experience the law and the legal system. Russia consistently ranks near the bottom of indexes that measure the rule of law, an indication of the country's willingness to use the law as an instrument to punish its enemies. The book considers whether the fact that the Kremlin is able to dictate the outcome of cases seemingly at will—a phenomenon known as “telephone justice”—deprives law of its fundamental value as a touchstone for society. Drawing on the literature on “everyday law,” it argues that the routine behavior of individuals, firms, and institutions can tell us something more about the role of law in Russian life than do sensationalized cases. Rather than focusing on the “supply” of laws, the book concentrates on the “demand” for law. This introduction discusses the perceived lawlessness in Soviet Russia and the dualism that lies at the heart of Russians' attitudes toward law and legal institutions. It also provides an overview of the book's chapters.

Toward a Relational Corporate Law

2018 ◽  
Author(s):  
Abraham A. Singer
Keyword(s):  
20Th Century ◽  
Limited Liability ◽  
Normative Theory ◽  
Corporate Law ◽  
Fiduciary Duty ◽  
Relational Approach ◽  
Governance Theory ◽  
The Law ◽  
Corporate Personality ◽  
At Will

This chapter begins the presentation of a normative theory of the corporation, assessing corporate law in light of the argument in Part II. It argues that the relational approach to law, developed and pioneered by 20th-century feminist political and legal theorists, has a natural affinity with the norm-governance approach developed in previous chapters. While not always explicitly dealing with the specific questions that this book is concerned with, the framework and method of analysis that these scholars have developed for other branches of the law are useful for drawing out the implications of the norm-governance theory for questions of corporate law. Drawing on this tradition, this chapter sketches out what a relational approach to corporate law and business entails, the types of concerns it can help register, and some of the consequences this approach has for how firms and corporations are, and ought to be, structured. This includes a novel way of understanding corporate personality, fiduciary duty, limited liability, and at-will employment.

“Impossible Families”: Mixed-Citizenship Status Couples and the Law

Law & Policy ◽  
2015 ◽  
Vol 37 (1-2) ◽  
pp. 93-118 ◽  
Author(s):  
Jane Lilly López
Keyword(s):  
Citizenship Status ◽  
The Law
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