Of Markets and Principles

2020 ◽  
Author(s):  
Stéphanie Hennette Vauchez
Keyword(s):  
United States ◽  
Human Rights ◽  
Human Body ◽  
North American ◽  
The United States ◽  
Fundamental Rights ◽  
The Other ◽  
Body Parts ◽  
North American Market ◽  
The Status

This chapter assesses how blood, tissue, and cells are retrieved and circulated in Europe. It investigates the ongoing tug of war between two main regulatory paradigms in the field of human body parts and cells: a human/fundamental rights–inspired paradigm on one hand, and a market–inspired one on the other hand. It also recasts the familiar opposition that is often found in comparative work in the field of health and biomedical law between a European “human rights” model of regulation and a North American “market” one as overly simplistic. As it highlights the status of the actual actors that evolve in the field of biomedicine concerned in blood, tissue, and cells circulation as well as the corresponding normative rationales, it complements Natalie Ram’s “incomplete commodification” paradigm in the United States to that of the market creep that is taking place in Europe.

Pain and Prejudice in the Santiago Campaign of 1898

1976 ◽  
Vol 18 (1) ◽  
pp. 59-73
Author(s):  
Alice Wexler
Keyword(s):  
United States ◽  
Public Opinion ◽  
North American ◽  
Physical Appearance ◽  
The United States ◽  
The Other ◽  
The Status

What is resented in Caliban is not really his physical appearance, his bestiality, his ‘evil’ instincts-… but that he should claim to be a person in his own right and from time to time to show that he has a will of his own. In other words, we are perfectly happy if we can project the fantasies of our own unconscious on to the outside world, but if we suddenly find that these creatures are not pure projections but real beings with claims to liberty, we consider it outrageous, however modest their claims. Further, it is not the claims themselves which makes us indignant, but the very desire for freedom.–O. Mannoni(1950)Although the United States entered the Cuban war against Spain in 1898 with a great burst of pro-Cuban enthusiasm, this friendliness suddenly soured into contempt. A revolution in public opinion during the summer of 1898 abruptly lowered the Cuban heroes to the status of villains in North American eyes, while the Spanish enemy came to be regarded as brave and honorable. A Michigan soldier expressed a characteristic view when he confessed that “while my opinion of the Spanish troops is in the ascendant, that of the Cuban troops is at the other end of the teeter.

The Status Quo

2013 ◽  
Author(s):  
Emilie M. Hafner-Burton
Keyword(s):  
United States ◽  
European Union ◽  
Human Rights ◽  
Military Intervention ◽  
The United States ◽  
Political Authority ◽  
Status Quo ◽  
The Other ◽  
The European Union ◽  
The Status

This chapter considers the status quo—the punishments and rewards used by steward states as part of their foreign policy to advance human rights today. Although they are not the only stewards, the chapter focuses on the United States and the European Union and the ways that they already use their political authority, resources, and reach for human rights promotion. The limits of punishments, such as military intervention and nonmilitary punishments, and rewards are discussed, along with two important lessons about how stewards can be more effective: one concerns localization, and the other is about setting priorities. The chapter argues that a more strategic use of state power has enormous potential to enhance the effectiveness of stewardship.

How Freedom of Expression Defines the Parody Exception

2019 ◽  
pp. 134-166
Author(s):  
Sabine Jacques
Keyword(s):  
United States ◽  
Human Rights ◽  
Intellectual Property Rights ◽  
Freedom Of Expression ◽  
The United States ◽  
Fundamental Rights ◽  
The United Kingdom ◽  
European Court ◽  
Margin Of Appreciation ◽  
Proportionality Test

This chapter examines the relevance of freedom of expression to the parody exception. It first considers the debate on the interaction between intellectual property rights and fundamental rights before discussing the ways in which freedom of expression may address the excessive expansion of exclusive rights as well as the outer limits of the parody exception. The chapter explains how human rights are embodied in the parody exception and how factors established in the European Court of Human Rights jurisprudence may legitimately restrict freedom of expression. It also explores how national legislators and courts in France, Australia, Canada, the United States, and the United Kingdom strike a balance between freedom of expression values and copyright values. It shows that the outer limits of the parody exception in each jurisdiction are determined by the influence of freedom of expression on copyright, the margin of appreciation, and the proportionality test.

Human Rights Progress in Psychiatry: More Apparent Than Real (Observations and Reflections on Life in the Texas Mental Health Courts)

2006 ◽  
Vol 8 (3) ◽  
pp. 241-254
Author(s):  
John Breeding
Keyword(s):  
Mental Health ◽  
United States ◽  
Human Rights ◽  
Informed Consent ◽  
The United States ◽  
The Other ◽  
Mental Health Courts ◽  
Modern Psychiatry ◽  
History Of ◽  
The One

The history of modern psychiatry includes a legacy of coercion and infamous physical and mechanical treatments, on the one hand, and progress in human rights, particularly patient rights, on the other. The purpose of this article is to remind readers that this modern progress in psychiatry is more apparent than real. The author’s experience with recent cases in the mental health courts is discussed in order to demonstrate the ongoing abuse of human rights in psychiatry. A brief look at other aspects of the current mental health climate in the United States is also provided, along with considerations of informed consent.

Taxonomic studies on the genus Atrichum in North America

1969 ◽  
Vol 47 (3) ◽  
pp. 353-368 ◽  
Author(s):  
Robert R. Ireland
Keyword(s):  
United States ◽  
North America ◽  
North American ◽  
Distinct Species ◽  
The United States ◽  
Morphological Characters ◽  
Taxonomic Study ◽  
Chromosome Counts ◽  
The Status ◽  
Taxonomic Studies

A taxonomic study was made of several North American taxa in the genus Atrichum. The primary emphasis was on the Canadian taxa and a key to the six species (A. altecristatum, A. angustatum, A. crispum, A. oerstedianum, A. selwynii, A. undulatum) and one variety (A. undulatum var. gracilisetum) of the country is presented. Atrichum oerstedianum, which has been confused with A. undulatum, is added to the moss flora of the United States and Canada. The distribution of A. crispum is clarified and a detailed study of the species revealed new morphological characters that are useful to distinguish it. A variety of A. undulatum, the var. altecristatum, is raised to the rank of a species and morphological and distributional data are given to support the status of A. selwynii as a distinct species. The first chromosome counts are reported for A. selwynii (n = 7) and A. altecristatum (n = 14). Detailed descriptions are provided for A. altecristatum, A. crispum, A. oerstedianum, and A. selwynii.

scholarly journals Religion, Constitution, and Human Rights: An Overview of Muslim Life and Religious Freedom in the United States

2021 ◽  
Vol 7 (2) ◽  
pp. 137
Author(s):  
Suci Ramadhan
Keyword(s):  
United States ◽  
Human Rights ◽  
Religious Freedom ◽  
Secondary Data ◽  
The United States ◽  
Fundamental Rights ◽  
United States Constitution ◽  
Primary Data ◽  
The Political ◽  
The Social

<p class="abstrak">The United States Constitution affirms that religious freedom is a fundamental human right regardless of religion. It is upheld by every citizen and the country. However, the political policies in a particular country are often considered to paralyze fundamental rights in religion, causing various problems in Muslim life at the social and political levels. This research aims to analyze the intersectional dynamic of religion, constitution, and Muslim human rights towards life and religious freedom in the United States. This qualitative research uses the lens of political approach. Primary data are taken from the United States Constitution and policies, and supported by secondary data from various books, scientific articles, and news. The results suggest that religious sentiment (Islam) is found in the political policies of the United States. Currently, unconstitutional and discriminative policies are gradually removed because it triggers the social and political chaos. The United States constitution strives towards a pluralist and multi-religious country rebuilding that is safe and peaceful for religion as guaranteed by the constitution. In fact, the public and political spaces have been occupied by many Muslims in an effort to resolve the problems of state and human rights, including the religious sentiment issues.</p>

scholarly journals Corporations and human rights - new challenges and solutions

2019 ◽  
Vol 15 (3) ◽  
pp. 64-70
Author(s):  
Igor A. Arsenyev
Keyword(s):  
United States ◽  
Human Rights ◽  
Multinational Corporations ◽  
The United States ◽  
Contract Law ◽  
The State ◽  
Fundamental Rights ◽  
Legal Personality ◽  
Electoral Campaigns ◽  
The Individual

Introduction. The article examines the issues of legal personality related to human rights in international and national law and whether these relations are limited by the interaction of the state and the individual.Since 2016 the United States has been investigating alleged Russian meddling in the US election, which, in addition to hacker attacks, might have been carried out through social networks and services owned by the American multinational corporations – Facebook, Youtube, Twitter, etc. Discussions in the Senate shed light on the business activities of the companies themselves which had an opportunity to manipulate and most likely manipulated the public consciousness, which is a violation of the basic human rights to freedom of choice, freedom of the media and others. At the same time this activity occurred with the alleged observance of legislation and contract law.The article discusses various aspects of the activities of Google and Facebook during a number of American electoral campaigns as evidence of corporate human rights violations.Materials and methods. The methodological basis of the study comprises general scientific (analysis, analogy, comparison) and special methods of researching legal phenomena and processes (method of interpretation of legal norms, technical-legal, formal-legal and formal-logical methods).The results of the study. Nowadays Corporations have reached a level of influence comparable to that of the states. But if for economists or political scientists there is no question of including companies in the legal personality structure, lawyers still have doubts. The analysis shows that the traditional approach to human rights as a relationship exclusively between the state and the individual does not fully meet modern realities. The person of legal relations is a participant in interaction regulated by the rules of law. The electoral campaigns in the United States in recent years show that large transnational corporations are able to violate the fundamental rights of the person enshrined in the constitution while observing secondary norms designed to ensure their implementation as well as contract law concerning user agreements.Discussion and conclusions. The necessity of considering human rights in the system of relations “state corporation – physical individual” was substantiated. The conclusion is made that corporations are a threat to the observance of human rights. The topicality of researching the American experience regarding Internet companies influencing the electoral processes in Russia was shown.

This American Voice

2019 ◽  
pp. 95-123
Author(s):  
Tom McEnaney
Keyword(s):  
United States ◽  
The United States ◽  
The Other ◽  
Public Radio ◽  
American Life ◽  
The Past ◽  
The Arts ◽  
New Radio ◽  
The Status ◽  
Cultural Shifts

Over the past seventeen years This American Life has functioned, in part, as an investigation into, and representation and construction of an American voice. Alongside David Sedaris, Sarah Vowell, Mike Birbiglia, and the panoply of other odd timbres on the show, Glass’s delivery, pitch, and tone have irked and attracted listeners. Yet what began as a voice on the margins of public radio has become a kind of exemplum for what new radio journalism in the United States sounds like. How did this happen? What can this voice and the other voices on the show tell us about contemporary US audio and radio culture? Can we hear the typicality of that American voice as representative of broader cultural shifts across the arts? And how might author Daniel Alarcón’s Radio Ambulante, which he describes as “This American Life, but in Spanish, and transnational,” alter the status of these American voices, possibly hearing how voices travel across borders to knit together an auditory culture that expands the notion of the American voice?

The Logic of a Soft Intervention Strategy: The United States and Conflict Conciliation in Africa

2006 ◽  
Vol 11 (2) ◽  
pp. 317-339
Author(s):  
Donald Rothchild
Keyword(s):  
United States ◽  
Human Rights ◽  
Large Scale ◽  
Military Intervention ◽  
Intervention Strategy ◽  
The United States ◽  
Third Parties ◽  
The Other ◽  
Coercive Diplomacy ◽  
Peace Agreements

AbstractWhat forms of U.S. intervention are likely to prove realizable and to be appropriate for facilitating the implementation of peace agreements and protecting human rights in Africa? The choices for action are certainly wider than the polar opposites of disengagement and large-scale military intervention. Because the United States can afford neither prolonged military hegemony nor the indulgence of neo-isolationism, it must find some form of creative engagement that fulfills its obligations to facilitate and protect in ways that are acceptable to both American and overseas opinion. Limited interests in Africa and the nature of public pressures leave little alternative to utilizing soft intervention approaches in most cases. Within the category of soft intervention, there appears to be a continuum of means leading to possible movement into muscular intervention. At one end, there is coercive diplomacy, which is associated with threats of military and economic sanctions; if these sanctions are actually used, the intervening state becomes involved in muscular intervention. At the other end is diplomacy associated not with threats, but with the promise of rewards. Between the two poles lies diplomacy that involves neither threats nor rewards (i.e., conciliation and mediation without the use of pressures and incentives). In real world contexts, third parties tend to apply mixed packages of non-coercive and coercive incentives, with coercive incentives becoming increasingly dominant as the costs of altering preferences and the intensity of conflict rise.

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