The American State

Author(s):  
Desmond King ◽  
Robert Lieberman

This chapter introduces the complex and extensive scholarly literature that political scientists have generated about the American federal State. It is organized into four sections and begins with the seminal work of political scientist Stephen Skowronek. After specifying the institutional structure of the American federal state, the second section identifies some of the distinctive features of this polity including the development of regulatory commissions, the way in which some agencies such as the Federal Reserve stretch the boundaries of autonomy, and the distinct congressional and judicial constraints shaping the American state. Third, the submerged state is discussed as an example of some key recent contributions about the American state. Last, we write about the challenge of transforming the set of institutions constitutive of the American State into a civil rights enforcing apparatus.

Elenchos ◽  
2020 ◽  
Vol 41 (2) ◽  
pp. 217-243
Author(s):  
Dora Suarez

AbstractIn this piece, I propose a reading of Plato’s Gorgias that pays special attention to the role that the fictional audience plays in the unfolding of the dialogue. To this end, I use some of the insights that Chaïm Perelman and Lucie Olbrechts–Tyteca conveyed in their seminal work, The New Rhetoric: A Treatise on Argumentation in order to argue that thinking about the way in which Socrates’ arguments are shaped by the different audiences that Gorgias, Polus, and Callicles aim to address and represent provides us with a new hermeneutical understanding of what is at stake in each of the different interactions Socrates engages in throughout the dialogue. In unpacking the way in which Socrates appropriates Gorgias’ particular audience, transforms Polus’ universal audience, and challenges Callicles’ elite audience, I provide an outline of the difficulties that Plato’s Socrates has to overcome in order to achieve the ‘community of minds’ that Perelman and Olbrechts–Tyteca identify as the bedrock of fruitful argumentation. Having done this, in the last section I turn to Plato’s Phaedrus, for the purpose of making evident that thinking about Plato’s deployment of rhetorical audiences is a crucial step in the effort to expose the implicit continuity that links the discussion of rhetoric delivered by the Gorgias to that of the Phaedrus.


2003 ◽  
Vol 14 (2) ◽  
pp. 159-173 ◽  
Author(s):  
Simon Learmount

In this paper I contrast ‘economic’ and ‘organizational’ approaches to corporate governance, in order to draw out some of their distinctive features and discuss their relative strengths and weaknesses. I identify some promising areas of new research that examine the role of social controls and trust for the way that companies are governed. Although these are fairly embryonic, I argue that they call into question the hegemony of economic theories in theorizing the governance of the corporation. I conclude by advocating a re-consideration and broadening of the current conceptual scope of corporate governance, so as to facilitate and encourage other potentially valuable ways of exploring and understanding how companies are governed.


KPGT_dlutz_1 ◽  
2017 ◽  
Vol 31 (2) ◽  
pp. 358
Author(s):  
Frederico Glitz ◽  
Gabriele Bortolan Toazza

Resumo: O presente trabalho demonstra a importância da realização do contrato para disposição da imagem, com base na perspectiva dos direitos da personalidade. Parte-se do estudo da proteção do direito à imagem como integrante dos direitos da personalidade. Em seguida, apresenta-se a relevância econômica da imagem, destacando como acontece seu aproveitamento econômico. Por fim, avalia-se a necessidade do consentimento para a utilização econômica da imagem, seus limites e os principais pontos que deveriam ser objeto de disposição contratual. Palavras-chave: Direito à imagem; Direitos da personalidade; Contrato de imagem; Consentimento. Abstract: The present work demonstrates the importance of the contract for personal image disposal in the perspective of personality rights. Initially, this article analyses the protection of the personal image as part of personality rights. Secondly, this article highlights the importance that the personal image has to the market, and the way it is object of economic exploitation. Finally, the work evaluates the necessity of consent for the economic utilization of the personal image, it´s limits and the main points that should be the object of contractual disposition. keywords: Personal image rights; Civil rights; Contract for image disposal; Consent.


2013 ◽  
Author(s):  
John Erik Fossum ◽  
Agustin José Menendez

A unique political animal, the European Union has given rise to important constitutional conundrums and paradoxes that John Erik Fossum and Agustín José Menéndez explore in detail in this book. The authors consider the process of forging the EU's constitution and the set of fundamental norms that define the institutional structure, the decision-making procedures, and the foundations of the Union's democratic legitimacy. Their analysis illuminates the distinctive features of the EU's pluralist constitutional construct but also the interesting parallels to the Canadian constitutional experience and provides the tools to understand the Union's development, especially during the Laeken (2001–2005) and Lisbon (2007–2009) processes of constitutional reform.


Author(s):  
Timothy Feddersen

In September 2014 Leyth Jamal, a transgender woman, filed suit against her employer, luxury retailer Saks Fifth Avenue. Jamal alleged that she experienced harassment from managers and other employees because of her gender identity while employed by Saks, including verbal abuse and threats of violence. At the time she filed suit, no federal, state, or local laws protected transgender employees from discrimination. However, some federal district courts had recently begun to allow such suits on the premise that discrimination based on gender identity was a form of sex discrimination. Other suits and amicus briefs brought by the Equal Employment Opportunity Commission (EEOC) furthered this trend. The EEOC is the federal agency charged with investigating and supporting claims of discrimination under Title VII of the Civil Rights Act of 1964, so district and appellate courts watched the EEOC's position on the application of Title VII. Socio-culturally, many Americans supported transgender rights, even as they voiced anxiety about transgender men in women's bathrooms. This case has students assume the role of a trusted member of the executive team of Hudson's Bay Company, which owns Saks Fifth Avenue. One Friday afternoon in late December 2014, the Hudson's Bay CEO sends an email to his executive team notifying them that he has approved corporate counsel's motion to dismiss Jamal's case based on the argument that transgender people are not a protected class according to Title VII. The motion will be filed in federal court on Monday. The CEO shares that he personally believes it is preposterous for anyone to think that Saks Fifth Avenue is anything but a strong advocate for LGBT rights, but he invites executive team members to call him if they have any concerns. Members of the executive team have a responsibility to consider the broader strategic implications for the company, so students must decide if and how to respond to the CEO.


Author(s):  
John D. Skrentny

This chapter introduces the problems of the roles racial differences play in the workplace. It discusses the changes in the way Americans talk about race and what pragmatic and progressive voices say that they want since the enactment of the Civil Rights Act of 1964. Never before has such a wide variety of employers, advocates, activists, and government leaders in American society discussed the benefits of racial diversity and the utility of racial difference in such a broad range of contexts. Thus, the chapter points out the emerging discourse of race as a qualification for employment, and briefly details the many issues as well as the role of established laws on such an issue. It also lays out the conceptual foundations upon which the following chapters will be based on.


Author(s):  
Joaquín Marín-Montín

The second screen has become a new resource for accessing information in addition to what you can see on television. This allows for an enhanced viewing experience through the generation of new services, apps, and changes in the production of content. Sporting events, especially large ones that are broadcast live, have especially developed this innovation. This chapter examines the distinctive features that the second screen contributes to televised sporting events, considering the type of production as well as the effects that are generated in the reception of the content and the alteration to the way the treatment the audiovisual content may receive. To achieve this, real cases from the Spanish context are studied, such as two major cycling events: La Vuelta 2017 (rtve.es) and the Tour de France 2019 (rtve.es and Eurosport Player App).


Author(s):  
Younus Y. Mirza

This chapter seeks to address the misleading assumption that vocational discernment should lead a person toward a clear and definitive goal. In practice, the process of finding one’s callings will necessarily be accompanied by doubt and uncertainty; in fact, the ambiguous and shadowy nature of vocation can be a positive feature. Many stories from various religious traditions remind us that even the most deeply committed and vocationally focused individuals have experienced doubt about their own callings and uncertainty about their lives. The chapter cites a range of scholarly literature on vocation to emphasize this point, then illustrates it through various elements in the Qur’an—including a detailed retelling the story of Joseph. Like Joseph, many people may retrospectively come to see how the various elements of their lives have been woven together, even if they faced a great deal of doubt and uncertainty along the way.


Author(s):  
Michael C. Rea

Analytic theology differs from other forms of theology primarily in its methodology: its ambitions, its style, its conversation partners, and so on. This is where the most interesting differences between analytic philosophical discussions of the divine attributes and contemporary theological discussions of that topic are to be found. The main positive thesis of this chapter is that the most distinctive features of the approach to divine attributes that one finds in the analytic philosophical literature are simply instances of more general distinctives of analytic theology. The chapter focuses on some of the distinguishing features of the way in which the topic of divine attributes is approached in analytic philosophy of religion as contrasted with the way(s) in which many contemporary theologians are inclined to approach it. The end result is a clearer picture both of the nature of analytic theology in general and of the distinctive character of an analytic approach to the topic of divine attributes.


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