Minorities in Correction

1974 ◽  
Vol 20 (4) ◽  
pp. 339-346
Author(s):  
Daniel L. Skoler ◽  
Ralph Loewenstein
Keyword(s):  
Racial Composition ◽  
Judicial Decisions ◽  
The Past

One of the most striking manpower problems in our correc tional systems is the vast disparity in racial composition between inmate populations and correctional staffs. This imbalance has stimulated a move to increase minority hiring in correction. In the past two or three years, developments on three levels—rhetoric, judicial decisions, and administrative regulations—offer hope that the goal of increased minority hiring will be realized.

scholarly journals Systemic Judicial Authority: The “Fourth Corner” of “The Judicial Trilemma”?

AJIL Unbound ◽  
2017 ◽  
Vol 111 ◽  
pp. 349-353
Author(s):  
Gleider Hernández
Keyword(s):  
International Law ◽  
Judicial Decision ◽  
International Court Of Justice ◽  
Judicial Decision Making ◽  
International Courts ◽  
Judicial Decisions ◽  
The Past ◽  
Court Of Justice ◽  
International Court ◽  
Empirical Social Science

Jeffrey Dunoff and Mark Pollack's Judicial Trilemma is a refreshing challenge to prevailing narratives about judicial decision-making in international courts and tribunals and is part of a growing wave of scholarship deploying empirical, social science-driven methodology to theorize the place of judicial institutions in the international legal field. Seeking to peek behind the black robes and divine the reasoning behind judicial decisions without descending into speculation and actively trying to thwart considerations of confidentiality is a fraught endeavor on which I have expressed skepticism in the past. The Judicial Trilemma admirably seeks to overcome these challenges, and I commend the authors for tackling the hard question as to whether one can truly glance behind the black robe.

Cities of Color: The New Racial Frontier in California's Minority-Majority Cities

2007 ◽  
Vol 76 (1) ◽  
pp. 1-28 ◽  
Author(s):  
ALBERT M. CAMARILLO
Keyword(s):  
African Americans ◽  
Race Relations ◽  
Racial Minorities ◽  
Racial Composition ◽  
Demographic Changes ◽  
Palo Alto ◽  
Large Cities ◽  
The Past ◽  
New Frontier ◽  
Living Together

Demographic changes of enormous magnitude have altered the ethnic and racial composition of large cities and metropolitan suburbs across the nation over the past thirty years, especially in California. Many cities and suburbs that were once home to large majorities of whites are now places where ethnic and racial minorities form the majority. "Minority-majority" cities in California have emerged as a new frontier in ethnic and race relations, where African Americans, Latinos, and other non-white groups now fi nd themselves, many for the fi rst time, living together and struggling to coexist. Although confl ict, tension, and misunderstanding characterize this new racial frontier, historians and other scholars must look deeper to fi nd examples of cooperation and collaboration in these new "cities of color." This article considers three cities in California-Compton, East Palo Alto, and Seaside-as examples of the historical and contemporary forces that have shaped "minority-majority" cities and the relations between African Americans and Latinos in particular.

scholarly journals The Right to Informational Self-Determination in the Context of Selected Judicial Decisions and Practical Background

2019 ◽  
Vol 4 (2) ◽  
pp. 16-29
Author(s):  
Andrea Erdősová
Keyword(s):  
Information Age ◽  
Codes Of Ethics ◽  
Third Parties ◽  
Self Determination ◽  
Identity Information ◽  
Judicial Decisions ◽  
The Past ◽  
Private Data ◽  
The Individual ◽  
The Right

It is essential to address in particular the comprehensive prevention of breaches of the right to informational self-determination and whether the persons concerned are aware that they “voluntarily agree” to pass on their identity information to third parties. It is alarming nowadays what amount of private data are available at their disposal for companies or private persons regarding other persons and how easy it seems to obtain this data. In today’s information age and the era of more advanced use of artificial intelligence, it will be more necessary than in the past to define what the individual intended, what he agreed with, and what he eventually approved as data privacy.In order to ensure the protection of the individual and his/her privacy, it is therefore necessary to respond to and refine the existing sources of law, especially to establish codes of ethics taking into account the modern technological and social development.

scholarly journals Umweltschutzrecht in Ungarn

2021 ◽  
Vol 67 (3) ◽  
pp. 276-297
Author(s):  
László Fodor
Keyword(s):  
Turning Point ◽  
Environmental Law ◽  
Competition Law ◽  
Environmental Policies ◽  
The Political ◽  
Historical Overview ◽  
Environmental Legislation ◽  
Judicial Decisions ◽  
The Past ◽  
Fundamental Freedoms

Until 1990, Hungary’s environmental legislation had been broadly incomprehensive. Since then, several laws and judicial decisions were passed, and scholarly literature on this topic exists in abundance. However, as yet, there is no exhaustive evaluation of the development of the legal and legislative development of the country’s environmental law of the past thirty years. This article provides a historical overview of Hungary’s environmental law, followed by an outline of the developments of the 1990 s; it then presents Hungary’s post-millenial environmental law, shedding light on the first decade. The next chapter covers Hungary’s environmental law after 2010, which was a turning point in the country’s environmental policies, associated with the FIDESZ party’s accession to power and several controversial environmental policies. The article concludes that environmental law cannot be observed separately, but must always be reviewed in conjunction with, and in the context of, changes in the entire legal system and the political changes taking place in a country at large. Despite EU approximation of environmental law, there are still cases of Hungarian environmental law contradicting European domestic market fundamental freedoms and competition law.

The Constitutionally Anomalous Right to Education

2018 ◽  
Author(s):  
Joshua E. Weishart
Keyword(s):  
United States ◽  
The United States ◽  
Right To Education ◽  
Half Century ◽  
Judicial Decisions ◽  
The Past ◽  
Form Function ◽  
Past Half Century ◽  
The Right ◽  
Past Half

This chapter clarifies the nature of right to education in the United States. It analyzes the constitutional text and judicial decisions from the past half-century to identify the right’s form, function, and scope. These interrelated, constitutive parts reveal (i) the duties and freedoms conferred by the right, (ii) the purpose and content of those educational entitlements, (iii) the conditions by which the right can be vindicated in courts, and (iv) the range of potential remedies.

scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2016 ◽  
Author(s):  
Donald E. Greenfield ◽  
Thomas W. McInerney ◽  
Ian R. Laing
Keyword(s):  
Environmental Law ◽  
Case Law ◽  
Employment Law ◽  
Contaminated Sites ◽  
Judicial Decisions ◽  
The Past ◽  
The Face ◽  
Polluter Pays Principle ◽  
Aboriginal Law ◽  
Summary Judgment

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas, including Aboriginal law, environmental law, employment law, contractual interpretation, enforcement of foreign judgments, surface rights, utility regulation, and selected developments in civil procedure. Specific topics addressed include the availability of summary judgment for operators’ claims in the face of countervailing non-operators’ claims, recent appellate case law regarding the duty to consult, and the application of the “polluter pays” principle in contaminated sites litigation.

scholarly journals Retrospective Operation of Amendments in Taxing Statues vis-à-vis Judicial Decisions

2022 ◽  
Vol 9 (1) ◽  
pp. 74-82
Author(s):  
Niranjanaa. A
Keyword(s):  
Indian Government ◽  
Judicial Decisions ◽  
The Past

The cardinal principle of interpretation of a taxing statute is that every statute is prospective unless it is expressly stated that it is retrospective. The term retrospective means operating from a date in the past or taking effect from a past date. Thus, a taxing statute is said to have retrospective operation only when it is expressly or by necessary implication states that it will operate from a date in the past. The Indian revenue in spite of this settled principle of interpretation often tends to retrospectively impose tax for the purpose of gaining revenue. In addition to this, the Indian government has many times made retrospective amendments in the disguise of clarificatory and declaratory amendments. However, the Indian judiciary has always been the saviour of these kind of interpretations and amendments. The judiciary has given different principles both in favour of and against retrospective operation of taxing statutes. Thus, this paper first of all tries to identify the principles against and in favour of retrospective operation of taxing statutes. Then it explains about how a declaratory or clarificatory amendment of a taxing statute should be interpreted. Finally, it points out the rules laid down by the judiciary on retrospective operation of taxing statutes. Keywords: Clarificatory amendments, Declaratory amendments, Judicial rulings, Principles of interpretation, Retrospective operation.

scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2017 ◽  
Author(s):  
Kevin Kerr ◽  
Ben Rogers ◽  
Marita Zouravlioff
Keyword(s):  
Climate Change ◽  
Constitutional Law ◽  
Environmental Law ◽  
Case Law ◽  
Good Faith ◽  
Background Information ◽  
Labour Law ◽  
Judicial Decisions ◽  
The Past ◽  
Aboriginal Law

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including Aboriginal law, contractual interpretation, corporate governance and shareholder rights, employment and labour law, environmental law, utility regulation, constitutional law, and selected developments in civil procedure. Specific topics addressed include the duty to consult, plans of arrangement, the duty of good faith in contractual relations, environmental claims upon insolvency, and the constitutionality of federal climate change legislation. For each case, some background information is given, followed by a brief explanation of the facts, a summary of the decision, and some commentary on the outcome.

scholarly journals Recent Judicial Decisions of Interest to Energy Lawyers

2019 ◽  
pp. 503
Author(s):  
Bryan Walker ◽  
Lucy L'Hirondelle
Keyword(s):  
Dispute Resolution ◽  
Alternative Dispute Resolution ◽  
Competition Law ◽  
Case Law ◽  
Background Information ◽  
Environmental Cleanup ◽  
Indigenous Law ◽  
Judicial Decisions ◽  
The Past

This article summarizes a number of recent judicial decisions of interest to energy lawyers. The authors review and comment on the past year’s case law in several areas including alternative dispute resolution, bankruptcy and insolvency, contractual interpretation (including operator agreements), competition law, corporate separateness, damages and limitations of liability, Indigenous law, torts, and selected developments relating to summary dismissal. Specific topics addressed include the interpretation of exclusion clauses; the reaffirmation of the principle of corporate separateness; confirmation that environmental cleanup costs take priority over creditors in bankruptcy proceedings; confirmation that the development, passage, or enactment of legislation does not trigger the duty to consult; and apportionment of liability and Pierringer agreements. For each case, some background information is provided, followed by a brief explanation of the facts, a summary of the decision, and commentary on the outcome.

The Constitutional Adjudication Mosaic of Latin America

2005 ◽  
Vol 38 (2) ◽  
pp. 189-217 ◽  
Author(s):  
Patricio Navia ◽  
Julio Ríos-Figueroa
Keyword(s):  
Latin America ◽  
Latin American ◽  
A Priori ◽  
Democratic Consolidation ◽  
Habeas Corpus ◽  
A Posteriori ◽  
Judicial Decisions ◽  
The Past ◽  
Constitutional Adjudication

This article maps current constitutional adjudication systems in 17 Latin American democracies. Using recent theoretical literature, the authors classify systems by type (concrete or abstract), timing (a priori or a posteriori), and jurisdiction (centralized or decentralized). This approach captures the richness and diversity of constitutional adjudication in Latin America, where most countries concurrently have two or more mechanisms. Four models of constitutional adjudication are currently in use. In the past, weak democratic institutions and the prevalence of inter partes, as opposed to erga omnes, effects of judicial decisions, prevented the development of constitutional adjudication. Today, democratic consolidation has strengthened the judiciary and fostered constitutional adjudication. After discussing the models, the authors highlight the role of the judiciary in the constitutional adjudication bodies, the broad range of options existing to initiate this adjudication process, and the prevalence of amparo (habeas corpus) provisions.

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