The American social contract

Author(s):  
Anne Daguerre

Chapter 1 explains how the American political and legal tradition is characterized by a lack of strong legal protection of socio-economic rights. It examines the legacy of welfare reform, in particular the Work Opportunity Reconciliation Act signed by Bill Clinton in August 1996. This legacy is based on a consensus on paid work as a moral duty of citizenship as well as a preference for localized service-based social programs as opposed to federal cash assistance. Chapter 1 shows that the U.S. social contract has become increasingly flawed as social and racial inequalities widened and as the labor market became increasingly polarized. The Great Recession laid bare the holes of the safety net.

Author(s):  
Stefan Homburg

Chapter 1 describes the book’s aims and scope. The main objective is to improve understanding of the Great Recession and its aftermath. The book provides a unified theoretical framework that uses dynamic general equilibrium models, or DGE, but dispenses with the rational expectations assumption. Its distinctive features are clean models with a rich institutional structure encompassing credit money, external finance, borrowing constraints, net worth, real estate, and commercial banks. Written for economists in universities, governments, and financial institutions, the book addresses an international audience.


2020 ◽  
Vol 2 (1) ◽  
pp. 95-114
Author(s):  
Mahadiena Fatmashara ◽  
Muhamad Amirulloh ◽  
Laina Rafianti

ABSTRAKSalah satu instansi pemerintah di Jawa Barat, menggunakan logo yang diciptakan oleh pegawai dari instansi tersebut. Pembuatan logo tidak diperjanjikan khusus, sehingga pencipta tidak mendapatkan royalti (materiil dan ekonomi). Hal tersebut menarik untuk dikaji mengenai Implementasi Prinsip Alter ego yang berkaitan pada hak cipta seseorang yang mengakui pencipta sebagai pemilik hak tertinggi. Pencipta memiliki hak alamiah untuk memanfaatkan ciptaannya dan mempertahankan ciptaannya terhadap gangguan apapun dari pihak lain. Metode penelitian yang digunakan dalam penulisan ini bersifat deskriptif analitis guna memperoleh gambaran peraturan perundang-undangan yang berlaku dikaitkan dengan teori-teori hukum dan praktek pelaksanaan hukum positif. Pendekatan yang digunakan dalam penelitian ini adalah yuridis normatif, dengan cara meneliti bahan pustaka yang disebut data sekunder yang terdiri dari bahan hukum primer, literatur-literatur, artikel-artikel, pendapat dan ajaran para ahli serta implementasinya dalam praktek. Apabila dilihat pada Pasal 35 ayat (1) dan (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta tidak terpenuhi. Meskipun instansi pemerintah tidak bertujuan untuk kegiatan komersial. Namun hak moral dan hak ekonomi hakikatnya wajib dilaksanakan sesuai dengan prinsip perlindungan Hak Kekayaan Intelektual. Perlindungan Hukum terhadap pencipta atas logo tetap harus diakui. Kata kunci: alter ego; hak cipta; hak moral; logo; instansi pemerintah. ABSTRACTOne of the government agencies in West Java, using a logo created by employees of the agency. Logo creation is not specifically promised, so creators do not get royalties (material and economic). It is interesting to review the Implementation of Alter ego Principles relating to the copyright of a person who recognizes the creator as the owner of the highest right. The Creator has the natural right to utilize his creation and defend his creation against any interference from the other party.The research methods used in this writing are analytically descriptive to obtain an overview of the prevailing laws and regulations associated with legal theories and the practice of implementing positive laws. The approach used in this study is normative juridical, by examining library materials called secondary data consisting of primary legal materials, literature, articles, opinions, and teachings of experts and their implementation in practice.If viewed in Article 35 paragraph (1) and (2) of Law No. 28 of 2014 on Copyright is not fulfilled. Although government agencies do not aim for commercial activities. But moral rights and economic rights must essentially be implemented in accordance with the principles of intellectual property protection. Legal protection of creators over logos must still be recognized.Keywords: alter ego; copyright; government agencies; logo; moral rights.


2021 ◽  
Vol 8 (8) ◽  
pp. 731-739
Author(s):  
Asima Trismawati Situmeang ◽  
Saidin . ◽  
T. Keizerina Devi A

Moral Rights and Economic Rights are Exclusive Rights that cannot be separated in relation to Copyrights. Copyright protects all forms of work, one of which is Film Script Writing as referred to in Article 40 paragraph (1) of Law Number 28 of 2014 concerning Copyright (UUHC). One of the forms of infringement on the copyrighted work of the film script is the reuse of the film script without the permission of the creator, resulting in the loss of the moral rights and economic rights of the creator. The problems in this study are: how to use the principles of Moral Rights and Economic Rights of the Author in claiming protection against Copyright infringement on Film Script Writing, how legal remedies can be taken in the form of legal protection for the Author of Film Script Writing used without permission, and how analysis of the Judge's decision on the violation of Moral Rights for the Creator in the dispute of the film "Benyamin Biang Kerok" based on the decision of the Panel of Judges Number 09/Pdt.Sus-HKI/Cipta/2018/PN Niaga Jkt. Pst. This research is descriptive analytical with a normative juridical approach. Qualitative analysis methods are used to process and analyze research data and then draw conclusions using deductive methods through a normative framework. The results of the research show: the use of the Principles of Moral Rights and Economic Rights of the Creator as a claim for infringement of Copyright is listed in Article 4, Article 5. This right will continue to exist and is eternally attached to the Creator and will continue to apply indefinitely. Legal efforts as a form of legal protection for Film Scripts that are used without permission are to follow the provisions in Article 95 to Article 109 of the UUHC, namely by preventing violations from occurring and through alternative dispute resolution through arbitration or through the Commercial Court. The Plaintiff's lawsuit was declared defeated by the Panel of Judges, due to lack of parties. But the production of the film "Benyamin Biang Kerok" is not determined as a violation of the exclusive rights of the Creator. This decision has not provided justice and provided legal protection for the Plaintiff as the author of the original manuscript and it is feared that the same violation will continue to occur in the future. Suggestions that can be given include: in providing explanations and strengthening the importance of the Creator's Exclusive Rights, it is necessary to have awareness, socialization and public education so as not to use other people's creations carelessly. Legal efforts to prevent infringement of film script writing is to conduct socialization in the film industry and other related creative industries. Against a decision that has not provided legal protection for the Plaintiff, the Panel of Judges must also determine that the defendant has violated the exclusive rights of the Plaintiff's written film script and stipulates compensation for the violation of exclusive rights committed. Keywords: Legal Protection, Moral Rights, Economic Rights, The Author, Copyrights,Film Script Writing.


2020 ◽  
Vol 22 (1) ◽  
pp. 25-48
Author(s):  
Sri Walny Rahayu ◽  
Widiya Fitrianda

Lagu-lagu tradisional Aceh merupakan bagian rezim hak cipta dan termasuk dalam ekspresi budaya tradisional masyarakat Aceh, kekayaan dan identitas bangsa. Untuk memajukan lagu-lagu tradisonal sebagai bagian kebudayaan Aceh, diperlukan langkah strategis melalui perlin-dungan, pengembangan, pemanfaatan, pembinaan untuk mewu-judkan masyarakat Aceh yang berdaulat secara politik, berdikari secara ekonomi, dan berkepribadian dalam Kebudayaan. Hal lainnya, lagu-lagu tradisional Aceh merupakan hak milik yang dapat beralih melalui warisan. Dalam praktiknya ahli waris pencipta lagu-lagu Aceh tidak memahami dan belum mendapatkan hak ekonominya  sebagai-mana diatur dalam Pasal 16 ayat (2) Undang-Undang Nomor 28 Tahun 2014 tentang Hak Cipta. Budaya masyarakat komunal berbeda pandang dengan filosofi konsep hak kekayaan Intelektual, bersifat eksklusif monopoli, dan lemahnya implementasi penegakan hukum hak cipta merupakan persoalan yang harus mendapat perhatian pemerintah di Aceh dalam melestarikan budaya tradisonalnya. Tujuan penulisan menjelaskan perlindungan hukum terhadap lagu tradisional Aceh yang merupakan ekspresi budaya tradisional, menjelaskan perlindungan kepada ahli waris pencipta lagu Aceh melalui warisan menurut Undang-Undang Hak Cipta, Kitab Undang-undang Hukum Perdata, dan Hukum Islam menjelaskan kendala pengalihan pencipta hak ekonomi lagu-lagu tradisional Aceh melalui warisan. Jenis penelitian ini menggunakan data sekunder sebagai data utama, atau yang disebut penelitian yuridis normatif yang menguji norma hukum sebagai objek penelitian. Pendekatan yang digunakan adalah pendekatan konseptual dan pendekatan hukum komparatif. Tulisannya disajikan dalam bentuk analisis deskriptif. Aceh Traditional Cultural Expression and Its Inheritance Model Traditional Acehnese songs which are part of the copyright regimes are one part of the expression of traditional Acehnese culture, wealth and national identity. The promotion of Acehnese culture through traditional songs requires a strategic step through protection, development, utilization, and coaching to realize an Acehnese society that is politically sovereign, economically independent, and has a personality in culture. Other things Traditional Aceh songs are property rights that can be transferred through inheritance. In practice the heirs of Acehnese songs creators do not understand and obtain economic rights from the commercial use of Acehnese songs as stipulated in Article 16 paragraph (2) of Law Number 28 of 2014 concerning Copyright. The communal society's culture is different from the philosophy of the concept of intellectual property rights that is exclusively monopoly and the weak implementation of copyright law enforcement is an issue that must be gotten the attention of the government, especially in Aceh to preserve the traditional Acehnese culture which is the expression of its people. The purpose of writing is to explain the legal protection of traditional Acehnese songs which are expressions of Acehnese cultural identity, explain the protection to the heirs of the creators of Aceh songs through inheritance according to the 2014 UUHC, the Civil Code and Islamic Law and explain what constitutes obstacles to the transfer of rights economic creator of traditional Acehnese songs through inheritance. This type of research uses secondary data as the main data, or so-called normative juridical research that tests legal norms as the object of research. The approach used is the conceptual approach and comparative legal approach. This writing is presented in the form of descriptive analysis.


Author(s):  
Evelyne Huber ◽  
Zoila Ponce de León

Latin American welfare states have undergone major changes over the past half century. As of 1980, there were only a handful of countries (Argentina, Brazil, Chile, Costa Rica, and Uruguay) with social policy regimes that covered more than half of their population with some kind of safety net to insure adequate care during their old age and that provided adequate healthcare services. With few exceptions, access to social protection and to healthcare in these countries and others was based on formal employment and contributions from employees and employers. There were very few programs, and those few were poorly funded, for those without formal sector jobs and their dependents. The debt crisis and the ensuing neoliberal reforms then damaged the welfare state in all countries, including these leading nations. Deindustrialization, shrinking of the public sector, and cuts in public expenditures reduced both coverage and quality of transfers and services. Poverty and inequality rose, and the welfare state did little to ameliorate these trends. With the turn of the century, the economic and political situation changed significantly. The commodity boom eased fiscal pressures and made resources available for an increase in public social expenditure. Democracy was more consolidated in the region and civil society had recovered from repression. Left-wing parties began to win elections and take advantage of the fiscal room which allowed for the building of redistributive social programs. The most significant innovation has been expansion of coverage to people in the informal sector and to people with insufficient histories of contributions to social insurance schemes. The overwhelming majority of Latin Americans now have the right to some kind of cash assistance at some point in their lives and to healthcare provided by their governments. In many cases, there have also been real improvements in the generosity of cash assistance, particularly in the case of non-contributory pensions, and in the quality of healthcare services. However, the least progress has been made toward equity. With very few exceptions, new non-contributory programs were added to the traditional contributory ones; severe inequalities continue to exist in the quality of services provided through the new and the traditional programs.


2019 ◽  
Vol 7 (5) ◽  
pp. 900-913 ◽  
Author(s):  
Miriam K. Forbes ◽  
Robert F. Krueger

The full scope of the impact of the Great Recession on individuals’ mental health has not been quantified to date. In this study we aimed to determine whether financial, job-related, and housing impacts experienced by individuals during the recession predicted changes in the occurrence of symptoms of depression, generalized anxiety, panic attacks, and problematic alcohol use or other substance use. Longitudinal survey data ( n = 2,530 to n = 3,293) from the national Midlife in the United States study that were collected before (2003–2004) and after (2012–2013) the Great Recession were analyzed. The population-level trend was toward improvements in mental health over time. However, for individuals, each recession impact experienced was associated with long-lasting and transdiagnostic declines in mental health. These relationships were stronger for some sociodemographic groups, which suggests the need for additional support for people who suffer marked losses during recessions and for those without a strong safety net.


2019 ◽  
Vol 46 (4) ◽  
pp. 306-324 ◽  
Author(s):  
Bradley L. Hardy ◽  
Rhucha Samudra ◽  
Jourdan A. Davis

We examine the predictors of state spending on Temporary Assistance for Needy Families (TANF) cash assistance, which has fallen dramatically since the passage of welfare reform in 1996. Over the 2000s, states allocating 33% or more of their TANF expenditures toward cash assistance are more likely to have higher minimum wages and are more liberal, though with fewer Black residents—both overall and on the TANF caseload. Our preferred empirical specifications suggest a negative link between state basic assistance expenditures—which we use as a measure of cash assistance—and the proportion of Black residents on the state’s TANF caseload. These findings contribute to a longstanding body of research examining the political economy of racial disparities within the welfare system and support further investigation into the mechanisms driving these observed associations. Upon considering the Kerner Commission’s call to reinvest in economically disadvantaged communities, it is important to consider how reform proposals modeled off of TANF may extend to new domains of the American social safety net. Our findings, as well as those of others within the welfare research literature, recommend a closer look at whether and how race operates within systems of devolved authority.


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