Manners of Imagining the real

1994 ◽  
Vol 19 (04) ◽  
pp. 995-1022 ◽  
Author(s):  
Kim Lane Scheppele
Keyword(s):  
Sexual Violence ◽  
Supreme Court ◽  
Violence Against Women ◽  
The Real ◽  
The Supreme Court

What counts as evidence? What is accepted as true in court given the evidence admitted? How are subordinated peoples further oppressed in courts because they cannot demonstrate that their experience is fact? Drawing on the confirmation brings for Clarence Thomas as Associate Justice of the Supreme Court and the testimony of Anita Hill in those hearings, the author explores the ways in which representations of sexual violence against women can be seen as not “real.”

scholarly journals Disclosure and Production in Sexual Violence Cases: Situating Stinchcombe

1969 ◽  
pp. 655
Author(s):  
Jennifer Koshan
Keyword(s):  
Sexual Violence ◽  
Violence Against Women ◽  
Supreme Court Of Canada ◽  
Appellate Courts ◽  
Judicial Decisions ◽  
Trial Judges ◽  
The Supreme Court ◽  
History Of ◽  
Exercise Of Discretion ◽  
Case Basis

This article examines the issue of disclosure and the legacy of Stinchcombe through a review of the history of disclosure and production in criminal sexual assault proceedings and an analysis of judicial decisions and legislative enactments in this context. The author presents a feminist analysis of the tension between those representing the rights of accused persons who seek to access a complainant's personal records and the voices of equality-seeking and anti-violence groups that challenge stereotypes about sexual violence against women. The author presents a comprehensive review of the louver court decisions in production applications since the Supreme Court of Canada decision in R. v. Mills. The author concludes that while Bill C-46 and Mills are positive developments, a great deal of discretion is left to trial judges to decide on the merits of production on a case-by-case basis, and such decisions are granted much deference by appellate courts. The exercise of discretion may encourage the application of stereotypes about women and sexual violence and is the reason an absolute ban on production is preferred by women's and anti- violence groups.

scholarly journals The Rise of American Minimum Wages, 1912–1968

2021 ◽  
Vol 35 (1) ◽  
pp. 73-96
Author(s):  
Price V. Fishback ◽  
Andrew J. Seltzer
Keyword(s):  
World War Ii ◽  
Supreme Court ◽  
Minimum Wages ◽  
Federal Law ◽  
World War ◽  
State Laws ◽  
The Real ◽  
The Supreme Court ◽  
Women And Children ◽  
The Impact

This paper studies the judicial, political, and intellectual battles over minimum wages from the early state laws of the 1910s through the peak in the real federal minimum in 1968. Early laws were limited to women and children and were ruled unconstitutional by the Supreme Court between 1923 and 1937. The first federal law in 1938 initially exempted large portions of the workforce and set rates that became effectively obsolete during World War II. Later amendments raised minimum rates, but coverage did not expand until 1961. The states led the way in rates and coverage in the 1940s and 50s and again since the 1980s. The most contentious questions of today—the impact of minimum wages on earnings and employment—were already being addressed by economists in the 1910s. By about 1960, these discussions had surprisingly modern concerns about causality but did not have modern econometric tools or data.

scholarly journals Perspektif Psikoviktimologi dalam Pendampingan Dan Perlindungan Anak Korban Kekerasan Seksual

EGALITA ◽  
2017 ◽  
Vol 10 (2) ◽  
Author(s):  
Reni Kusumowardhani
Keyword(s):  
United States ◽  
Sexual Violence ◽  
Supreme Court ◽  
The Other ◽  
Serious Crime ◽  
The Supreme Court

<p>Sexual violence to child is a serious crime, but on the other side, the case of sexual violence to child often difficult to proved. The Supreme Court of United States have perceived that sexual violence to child is one of the most difficult crime to detected and claimed because most of the case have not eyewitness except the victim. (Pennsylvania v. Ritchie, 480 U.S. 39, 60. 1987). In many cases, witness of eyewitness is very important matter. It  become very ironic because children in one side as victim because the weakness of them, but strength of children as eyewitness is the best expectation for them to get law protection.</p><p> </p><p>Kekerasan seksual terhadap anak merupakan kejahatan serius, namun di sisi lain kasus kekerasan seksual terhadap anak kerap kali sulit dibuktikan. Mahkamah Agung AS telah mengamati bahwa kekerasan seksual terhadap anak adalah salah satu kejahatan yang paling sulit untuk dideteksi dan dituntut karena kebanyakan tidak ada saksi kecuali korban (Pennsylvania v.  Ritchie,  480  U.S.  39,  60.  1987). Dalam  banyak  kasus  kesaksian  saksi merupakan hal yang sangat penting. Ini menjadi sangat ironis karena anak di satu sisi sebagai korban karena kelemahan mereka, namun kekuatan anak sebagai saksi  merupakan harapan terbaik mereka untuk mendapatkan  perlindungan hukum.</p>

scholarly journals Filling the Hole in Indonesia’s Constitutional System: Constitutional Courts and the Review of Regulations in a Split Jurisdiction

2018 ◽  
Vol 4 (1) ◽  
pp. 27
Author(s):  
Tim Lindsey
Keyword(s):  
Supreme Court ◽  
Judicial Review ◽  
Civil Law ◽  
Constitutional Court ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
The Real ◽  
The Supreme Court ◽  
Constitutional System ◽  
Do So

The Indonesian constitutional system contains a serious flaw that means that the constitutionality of a large number of laws cannot be determined by any court. Although the jurisdiction for the judicial review of laws is split between the Constitutional Court and the Supreme Court, neither can review the constitutionality of subordinate regulations. This is problematic because in Indonesia the real substance of statutes is often found in implementing regulations, of which there are very many. This paper argues that that is open to the Constitutional Court to reconsider its position on review of regulations in order to remedy this problem. It could do so by interpreting its power of judicial review of statutes to extend to laws below the level of statutes. The paper begins with a brief account of how Indonesia came to have a system of judicial constitutional review that is restricted to statutes. It then examines the experience of South Korea’s Constitutional Court, a court in an Asian civil law country with a split jurisdiction for judicial review of laws like Indonesia’s. Despite controversy, this court has been able to interpret its powers to constitutionally invalidate statutes in such a way as to extend them to subordinate regulations as well. This paper argues that Indonesia’s Constitutional Court should follow South Korea’s example, in order to prevent the possibility of constitutionalism being subverted by unconstitutional subordinate regulations.

scholarly journals Placing Future Senate Reform in Context

2015 ◽  
Vol 24 (2) ◽  
Author(s):  
Bruce Hicks
Keyword(s):  
Supreme Court ◽  
Court Ruling ◽  
Supreme Court Ruling ◽  
The Real ◽  
The Third ◽  
Current State ◽  
The Supreme Court ◽  
Real Constraint

As the opening speaker at the Centre for Constitutional Studies’ March 2015 conference entitled “Time for Boldness on Senate Reform,” I took it as my mission not to advance any bold ideas of my own (though some found my comments on Senate numbers particularly bold). Rather, I tried to set the context for other participants’ bold ideas.  This paper follows a format similar to my talk. In the first part, I explain the current state of scholarly knowledge of second chambers and bicameralism. In the second part, I discuss the accepted orthodoxy that exists in Canada concerning Senate reform, namely that it must simultaneously address the method of selection, the numbers of seats each province gets, and the powers of the Senate.  In the third part, I discuss the real constraint on Senate reform which is sociological and not constitutional. I left it to my fellow panelists to explore the Supreme Court ruling in the reference on Senate reform.

scholarly journals Kilka uwag o zwolnieniu z opłaty od skargi na przewlekłość postępowania skarżącego w sprawach z zakresu prawa pracy i ubezpieczeń społecznych. Glosa do uchwały Sądu Najwyższego z dnia 6 września 2006 r. (III SPZP 2/06)

2019 ◽  
Vol 28 (4) ◽  
pp. 155
Author(s):  
Tomasz Demendecki
Keyword(s):  
Social Security ◽  
Supreme Court ◽  
Reasonable Time ◽  
The Real ◽  
The Supreme Court ◽  
Fee Exemption ◽  
The Right ◽  
Fixed Fee

<p>The appropriate system of reimbursement of the costs of proceedings and the institution of exemption from such costs both guarantee the real implementation of the right to court. In connection with the lack of explicit regulation in the Act of 17 June 2004 on complaints about the breach of the right to a trial within a reasonable time in practice, it becomes very important to determine whether it is possible to exempt an authorised entity (the complainant) from a fixed fee of complaint about excessive length of proceedings in matters of labour and social security law. In a resolution of 6 September 2006 (III SPZP 2/06) the Supreme Court stated that a complaint about excessive length of proceedings filed by the insured regarding the appeal examined by the Labour and Social Security Court of fees (Article 96 (1) (4) of the Act of 28 July 2005 on court costs in civil matters). This resolution confirms that in the indicated category of cases there is no obligation to pay the fee, and if it has been paid it is refundable. The position held by the Supreme Court in the above-mentioned resolution shall be accepted. When it comes to conclusion regarding <em>de lege ferenda</em> proposals, there is a need to make appropriate normative changes and introduce to the Act of 17 June 2004 on complaints about the breach of the right to a trial within a reasonable time a suitable regulation that would reflect the right fee exemption, as mentioned above.</p>

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