The NAfME Position Statement on Sacred Music in Schools: A Genealogical Inquiry

2020 ◽  
Vol 107 (2) ◽  
pp. 20-27
Author(s):  
Matthew R. Koperniak
Keyword(s):  
Sacred Music ◽  
Case Law ◽  
Position Statement ◽  
Theoretical Framework ◽  
Music Educators ◽  
School Prayer ◽  
Relevant Case ◽  
History Of ◽  
Future Revision

This article examines the NAfME Position Statement on Sacred Music in Schools, which has not been significantly updated since it was first published in 1984. Using genealogical inquiry, the author examines the conditions surrounding the construction of this document in relation to the conditions in the present. Relationships between the history of school prayer, the archive of Music Educators Journal, and relevant case law are investigated. Postsecularsim is described and explored as a possible theoretical framework for a future revision of the position statement.

scholarly journals The Establishment Clause and Public Schools

2018 ◽  
Vol 9 (2) ◽  
pp. 33
Author(s):  
Clifford Fisher ◽  
Ethan Hicks
Keyword(s):  
Public Schools ◽  
Supreme Court ◽  
Case Law ◽  
Establishment Clause ◽  
Legal Issue ◽  
Court Cases ◽  
Relevant Case ◽  
History Of ◽  
Pledge Of Allegiance

The purpose of this report is to explore and elucidate the application of the Establishment Clause to the activities of U.S. public schools, primarily through an examination of relevant case law. It is intended to facilitate an understanding of the fundamental principles and nuances of this legal issue throughout its history. The first sections offer a glimpse of the history of the Establishment Clause itself, including a discussion of the historic Supreme Court cases that laid the foundation off of which many of the decisions to be examined are built. Subsequent sections, organized by specific issue, analyze Establishment Clause cases that involve public schools, and have two primary objectives: to determine established precedents, and to discover trends and inconsistencies. Specific issues addressed include evolution and creationism in curricula, released time programs, prayer in class, and recitation of the Pledge of Allegiance.

The Insanity Defense as a History of Mental Disorder

2013 ◽  
Author(s):  
Daniel N. Robinson
Keyword(s):  
Mental Illness ◽  
Rule Of Law ◽  
Ancient Greece ◽  
Case Law ◽  
Insanity Defense ◽  
General Concept ◽  
The Rule Of Law ◽  
Relevant Case ◽  
History Of ◽  
Historical Developments

Throughout its history, the insanity defense specifically and the more general concept of mental defect or incompetence have been grounded in the assumption that those people fit for the rule of law are able to give and to comprehend reasons for their actions. This chapter traces the evolution of perspectives on the nature of mental illness and the manner in which cultural and extra-scientific influences have shaped perspectives. These perspectives are most saliently expressed in statutory provisions and relevant case law summarized here and covering historical developments from ancient Greece and Rome to the present. Significant interactions between law and psychiatry are further highlighted and informed by core and controversial philosophical assumptions. Attention is given to differences between juridical and medical conceptions of responsibility.

The age of symbolic economic policies?

2015 ◽  
Vol 37 (2) ◽  
pp. 245-265
Author(s):  
Peter Galbács
Keyword(s):  
Economic Policy ◽  
Theoretical Framework ◽  
Policy Tools ◽  
Economic Policies ◽  
Mainstream Economics ◽  
History Of ◽  
Theoretical Considerations ◽  
Macroeconomic Environment

This paper offers a few remarks on the so-called heterodoxy commentaries of recent times (e.g. Bod 2013, Csaba 2011). In accordance with the growing popularity of unusual economic policy actions, a set of “tools” is emerging that aims to exert its effects breaking with instrumental actions. Outlining a special framework of the history of mainstream economics, it will be argued that economic policy only gradually has become capable of applying this system. In our view, both the emergence of symbolic economic policies mentioned above and the rise of heterodoxy are on the same level, since certain governments can only operate through giving signals. Although it is not the time to formulate ultimate and eternal generalised statements, it may perhaps be stated that symbolic economic policies can make some room for manoeuvring available as a last resort. In other words, the possibility of a certain kind of economic policy “tools” can be derived from theoretical considerations, and this set has become highlighted recently by some constraining changes in the macroeconomic environment. Our theoretical framework will be filled sporadically with some episodes from the last few years of the economic policy of Hungary.

The Legal Status of Local Government in South Africa under the New Constitutional Dispensation

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Mbuzeni Mathenjwa
Keyword(s):  
South Africa ◽  
Local Government ◽  
Legal Status ◽  
Case Law ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
First Time

The history of local government in South Africa dates back to a time during the formation of the Union of South Africa in 1910. With regard to the status of local government, the Union of South Africa Act placed local government under the jurisdiction of the provinces. The status of local government was not changed by the formation of the Republic of South Africa in 1961 because local government was placed under the further jurisdiction of the provinces. Local government was enshrined in the Constitution of the Republic of South Africa arguably for the first time in 1993. Under the interim Constitution local government was rendered autonomous and empowered to regulate its affairs. Local government was further enshrined in the final Constitution of 1996, which commenced on 4 February 1997. The Constitution refers to local government together with the national and provincial governments as spheres of government which are distinctive, interdependent and interrelated. This article discusses the autonomy of local government under the 1996 Constitution. This it does by analysing case law on the evolution of the status of local government. The discussion on the powers and functions of local government explains the scheme by which government powers are allocated, where the 1996 Constitution distributes powers to the different spheres of government. Finally, a conclusion is drawn on the legal status of local government within the new constitutional dispensation.

PRINCIPLE OF AUTONOMY IN LETTER OF CREDIT: MALAYSIAN PRACTICE

2012 ◽  
Vol 19 (2) ◽  
Author(s):  
Rosmawani Che Hashim ◽  
Ahmad Azam Othman ◽  
Akhtarzaite Abdul Aziz
Keyword(s):  
International Trade ◽  
Significant Role ◽  
Case Law ◽  
Huge Amount ◽  
Letter Of Credit ◽  
Relevant Case ◽  
Method Of Payment ◽  
Almost All

The term letter of credit (LC) is not uncommon in international trade as it is the most frequently used method of payment by seller and buyer in their sales contract. LC serves its significant role by facilitating payment between buyer and seller from different countries, who are always prejudiced towards each other on the issue of payment, especially when the deal involves a huge amount of money. By using LC, the seller and buyer will be represented by their own bankers whose function, among others is to issue an LC for the buyer and pay on presentation of seller’s documents which strictly comply to LC requirements. It is well-known that LC is governed by the principle of autonomy or also referred to as the principle of independence1 which indicates LC, being a contract of payment is totally separate from the underlying sales contract. Banks are concerned with documents only and not with the goods. LC transaction can be governed by the Uniform Custom and Practice for Documentary Credit, known as the UCP through express incorporation which provides the rules relating to LC matters and is adopted in almost all LC transactions. This paper discusses the nature, background and significance of principle of autonomy in LC transaction. In elaborating the provisions on the principle of autonomy in the UCP 600, comparisons between relevant articles in the UCP 500 are highlighted. The discussion also focuses on relevant case law and on the application of the autonomy principle in conventional and Islamic LC. The paper concludes with the finding that Malaysian bankers fully subscribe to the principle of autonomy as outlined by the UCP 600.

The Domestication of the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Direct Effect ◽  
Legal Status ◽  
Case Law ◽  
Legal Systems ◽  
Persons With Disabilities ◽  
International Treaty ◽  
Four Dimensions ◽  
Relevant Case ◽  
Similarities And Differences ◽  
Domestic Law

This chapter reflects on jurisdiction-specific approaches to the domestication of the Convention on the Rights of Persons with Disabilities (CRPD), considering in particular the domestic legal status of the CRPD and the relevance of that legal status for case law. The chapter explores four dimensions of the CRPD’s legal status: direct effect; indirect interpretative effect (where the CRPD influences the interpretation given to domestic law); use of the CRPD because of commitments to another international treaty; and absence of domestic legal status. With the exception of the first category, all dimensions can potentially present themselves in legal systems which tend towards the monist approach as well as in those which tend towards the dualist approach. The chapter discusses examples of relevant case law and reflects on similarities and differences emerging from a comparison of that case law.

Article 51 of the EU Charter of Fundamental Rights from the Perspective of the National Judge

2021 ◽  
Vol 13 (4) ◽  
pp. 53-85
Author(s):  
Petr Mádr
Keyword(s):  
Case Law ◽  
Fundamental Rights ◽  
National Courts ◽  
Track Record ◽  
Court Of Justice ◽  
Relevant Case ◽  
Charter Of Fundamental Rights ◽  
Scope Of Application ◽  
The Eu ◽  
Academic Debate

This article contributes to the growing scholarship on the national application of the EU Charter of Fundamental Rights ('the Charter') by assessing what challenges national courts face when dealing with Article 51 of the Charter, which sets out the Charter's material scope of application. In keeping with this aim, the relevant case law of the Court of Justice of the EU (CJEU) – with its general formulas, abstract guidance and implementation categories – is discussed strictly from the perspective of the national judge. The article then presents the findings of a thorough study of the case law of the Czech Supreme Administrative Court (SAC) and evaluates this Court's track record when assessing the Charter's applicability. National empirical data of that kind can provide valuable input into the CJEU-centred academic debate on the Charter's scope of application.

LA FALSEDAD EN DOCUMENTOS SOCIALES DEL ART. 290 CP: ¿DELITO DE FALSEDAD DOCUMENTAL

2010 ◽  
pp. 389-430
Author(s):  
JUAN IGNACIO ECHANO BASALDÚA
Keyword(s):  
Financial Statements ◽  
Case Law ◽  
Theoretical Framework ◽  
Criminal Code

La ausencia de un marco teórico suficiente en el delito de falsedad en documentos sociales del art. 290 CP ¿como hace patente la disparidad de interpretaciones que reciben los elementos típicos¿, aconseja investigar si su naturaleza es la propia de un delito de falsedad documental. Con este fin se analizan críticamente las opiniones presentes en la jurisprudencia, se concluye, contra la opinión de la jurisprudencia actualmente mayoritaria, que la falsedad no es un delito de falsedad documental y que es posible una interpretación tanto de las falsedades documentales como de la falsedad en documentos sociales más acorde con la línea iniciada por el CP de 1995 en esta materia, que permite configurar esta falsedad como un delito de información. Kode Penaleko 290. artikuluak jasotzen duen agiri sozialen faltsutasun- delituak ez duenez euskarri teoriko nahikorik ¿argi erakusten du hori elementu tipikoek ere hainbat interpretazio jasotzeak¿ komeni da aztertzea ea agiri- faltsutzearen delitu baten izaera ote duen benetan. Helburu hori aintzat hartuta, jurisprudentzian agertzen diren iritziak ikuspegi kritikoz aztertzen dira eta ondorioztatzen da, gaur egun jurisprudentzian nagusi den iritziaren kontra bada ere, faltsutasuna ez dela agirien faltsutze delitua eta litekeena dela bai agirien faltsutzeari bai agiri sozialen faltsutasunari interpretazio erabat bestelakoa ematea, kontu horretan 1995. urteko Kode Penalak adierazten zuen moduan: faltsutasun hori informazio- delitua moduan konfiguratzea. The lack of a sufficient theoretical framework for the crime of falsifying corporate financial statements by section 290 in Criminal Code ¿as it is evident given the disparity of the interpretations to the legal elements of the crime¿ suggests us to investigate whether its nature is that of a crime of misrepresenting documents. To this end, the opinions in the case law are critically analyzed and we come to the conclusion that against the majority caselaw opinion, falsehood is not a crime of misrepresenting documents and that it is arguable an interpretation of both misrepresenting documents and falsifying corporate financial statements in conformity with the trend commenced by the Criminal Code from 1995, which permits the construction of this falsehood as a crime of information.

scholarly journals CAN WE SPEAK ENGLISH? REFLECTIONS ON THE UNSPOKEN EFL IN BRAZIL

2017 ◽  
Vol 56 (1) ◽  
pp. 213-233
Author(s):  
Simone Tiemi Hashiguti
Keyword(s):  
Foreign Language ◽  
Theoretical Framework ◽  
Methodological Framework ◽  
Discussion Forums ◽  
Language Policies ◽  
Oral Production ◽  
History Of ◽  
Conditions Of Possibility ◽  
Brazilian Students

ABSTRACT This essay explores the issue of oral production in English as a foreign language in Brazil. It reports the difficulty some students find to speak the language to matters of authority and legitimacy constituted in a particular history of language policies. Interest in the theme emerged because many Brazilian students who know English state they cannot speak the language and avoid pronouncing it and engaging in conversations. A discursive methodological framework forms the basis for the analysis of postings collected from discussion forums on different websites. First, I can´t speak English works as the reference statement that makes it possible to verify a discursive regularity in operation in Brazil. Second, a postcolonial theoretical framework supports the discussion on the conditions of possibility to speak English as a foreign language in a former Portuguese colony. The author argues that the ghost of the native, idealized speaker prevents students from recognizing the English they know as legitimate, and to speak it, and points out that dignity is a possible discourse to help deconstruct the colonial, silenced positioning that exists regarding the oral production in this foreign language.

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