Power of State Dental Boards to Pass Rules Restricting Advertising by Dentists**In the October 1939 issue of The Journal, Leslie Childs discussed the right of the state legislature to regulate advertising by dentists. This article discusses more recent developments in respect to the question of regulating advertising; namely, whether the state dental board will be permitted to make rules which restrict advertising.

1940 ◽  
Vol 27 (3) ◽  
pp. 403-407
Author(s):  
Samuel R. Lewis
Keyword(s):  
State Legislature ◽  
The State ◽  
Recent Developments ◽  
The Right

Remaining Steadfast to the Right, 1859

2017 ◽  
Author(s):  
William F. Moore ◽  
Jane Ann Moore
Keyword(s):  
Abraham Lincoln ◽  
State Legislature ◽  
The State ◽  
Popular Sovereignty ◽  
Declaration Of Independence ◽  
Speaker Of The House ◽  
John Brown ◽  
The Right ◽  
The Impact ◽  
First Session

This chapter examines Abraham Lincoln and Owen Lovejoy's antislavery campaign in 1859. Although he lost in the state legislature in the 1858 elections, Lincoln won the support of legislators representing the majority of voters. This, coupled with Lovejoy's victory, put both men in a position to enhance the Republicans' chances of winning in Illinois in 1860. Lincoln also intensified his political efforts in 1859 by continuing to expose Stephen A. Douglas's distortions of both popular sovereignty and the Declaration of Independence. In a speech in Chicago, he implored the Republicans of Illinois “to keep the faith, to remain steadfast to the right, to stand by your banner...” This chapter first assesses the impact of the 1858 elections on Kansas and the fire-eaters before considering Joseph Lovejoy's betrayal of his brother Owen and the incident involving white abolitionist John Brown. It also discusses the first session of the Thirty-Sixth Congress, where a fierce battle for Speaker of the House erupted, and Lincoln and Lovejoy's preparations for the 1860 elections.

Private Prosecution in Nigeria: Recent Developments and Some Proposals

1990 ◽  
Vol 34 (1) ◽  
pp. 53-66 ◽  
Author(s):  
Isabella Okagbue
Keyword(s):  
Legal System ◽  
Historical Perspective ◽  
The State ◽  
Traditional Society ◽  
Checks And Balances ◽  
Recent Developments ◽  
The Right ◽  
Appointed Officials ◽  
Government Security

In most modern legal systems the prosecution of offences is conducted by government-employed or appointed officials on behalf of the State. Nevertheless it is generally recognised that private individuals also have an important, if somewhat diminished, role to play in this process. Recent legislation introduced into one of the 21 states of Nigeria has however partially abolished the right of private prosecution except in relation to the offence of perjury. This and the additional controversy surrounding one man's attempts to prosecute two government security agents for the murder of his friend has generated a surge of interest in a topic which has for the most part been largely ignored.This article traces from an historical perspective the role of the private prosecutor in Nigerian traditional society and under its present legal system. An attempt is then made to examine the powers, obligations and importance of the private prosecutor in Nigeria today, and to identify and suggest the checks and balances that are needed to preserve the right of the citizen to seek judicial redress by private prosecution when otherwise justice would be denied.

Rising from the Ashes of Defeat

2017 ◽  
Author(s):  
Susan Goodier ◽  
Karen Pastorello
Keyword(s):  
New York ◽  
Black Women ◽  
State Legislature ◽  
The State ◽  
Extensive Experience ◽  
Target Male ◽  
The Right

This chapter discusses how women suffragists engaged in legislative and political maneuvering in the crucial years between 1915 and 1917. Rural, immigrant, and black women rarely had the ability to lobby the state legislature directly. Mainstream suffragists, however—eventually fortified by male supporters—maintained their legislative lobbying efforts throughout the entire movement. Although the suffrage referendum failed in 1915, ever-resilient suffrage activists immediately rallied to analyze their shortcomings, draw on extensive experience, and systematically target male politicians and voters. After decades of disappointment on the part of suffragists, New York men finally acknowledged women's inherent right to the franchise with their own votes. Thus, the chapter challenges the prevalent idea that the right of women to vote came as a consequence of their war work, arguing instead that almost seventy years of women's tenacious efforts culminated in 1917 with the New York suffrage campaign victory.

Conscientious Objection to Assisted Death: Can Pharmacy Address This in a Systematic Fashion?

1996 ◽  
Vol 30 (10) ◽  
pp. 1185-1191 ◽  
Author(s):  
Kenneth Mullan ◽  
William L. Allen ◽  
David B. Brushwood
Keyword(s):  
State Legislature ◽  
Conscientious Objection ◽  
The State ◽  
Assisted Death ◽  
Legal Structure ◽  
Quality Of Patient Care ◽  
Pharmacy Profession ◽  
The Right ◽  
Policy And Procedure

OBJECTIVE: To describe a legal structure for the accommodation of pharmacists' rights of conscience in the dispensing of drugs for pharmaceutically assisted death. BACKGROUND: Pharmacists have indicated that there is disagreement in the profession regarding the appropriateness of a practice known as “pharmaceutically assisted death”, in which lethal medications are prescribed for terminally ill patients who want to end their lives. Pharmacists who object to pharmaceutically assisted death may be asserting a conscientious objection that threatens to create a conflict with their employers. In addition, pharmacists who support pharmaceutically assisted death, but whose employers forbid the dispensing of medications for this purpose, may face a similar conflict. Current laws and principles of professional ethics fail to adequately address the resolution of either of these conflicts. DISCUSSION: We propose a system within which the pharmacy profession could accommodate the right to conscientious objection without sacrificing the quality of patient care. At the heart of our proposal is the understanding that employers must respect an employee's right to beliefs that differ from those of the employer and, correspondingly, the understanding that employees must respect the employer's duty to provide products and services to those who seek them from the employer. CONCLUSIONS: Pharmacy associations can adopt policies for conscientious objection and have those policies become law through action of the state legislature or the state board of pharmacy. This approach could lead to the development of a clear policy and procedure for resolving the issue of conscientious objection within the pharmacy community, making it far less likely that institutions outside pharmacy would be required to develop a solution for pharmacy.

THE LIMITS OF STATE SUFFRAGE FOR CALIFORNIA WOMEN CANDIDATES IN THE PROGRESSIVE ERA

2004 ◽  
Vol 73 (1) ◽  
pp. 21-48 ◽  
Author(s):  
L.V. INGEN
Keyword(s):  
Progressive Era ◽  
Political Power ◽  
State Legislature ◽  
The State ◽  
Women's Clubs ◽  
Women Candidates ◽  
Electoral Success ◽  
Nineteenth Amendment ◽  
The Right ◽  
Progressive Party

California women gained the right to run for the state legislature and Congress when they won the vote in 1911. Coming nine years before the Nineteenth Amendment enfranchised women nationally in 1920, this era of state enfranchisement appeared ripe for women's electoral success. The ongoing national suffrage movement, the California Progressive Party, and the extensive network of California women's clubs could all have worked to advance women's candidacies. Instead, these factors created conditions that undermined women's political ambitions. Not until 1918, when passage of a national suffrage amendment seemed imminent and the power of the Progressive Party in California faded, did women �nd success as candidates. Their delayed victories reveal the limits of state enfranchisement for women's political power.

scholarly journals The right to the truth in international law: The significance of Strasbourg's contributions

Legal Studies ◽  
2017 ◽  
Vol 37 (4) ◽  
pp. 739-764 ◽  
Author(s):  
Alice M. Panepinto
Keyword(s):  
Human Rights ◽  
International Law ◽  
The State ◽  
Right To Know ◽  
The Past ◽  
The Status ◽  
Recent Developments ◽  
The Right ◽  
Comprehensive Study

The concept of a right to the truth is increasingly utilised in different settings to empower victims and societies to find out about past abuses linked to conflict or authoritarianism. Since the last comprehensive study of this topic in 2006, there has been little attempt to draw together the advancements of fragmented practices. Recent developments in European human rights call for a fresh analysis of the right to the truth as a freestanding principle linked to, but separate from, the state duty to investigate. This paper takes stock of the more recent evolutions of the right to the truth and contributes to its independent conceptualisation. The first part investigates whether there is growing consistency between the Inter-American and European human rights systems around the contours of the right to the truth, as linked to survivors’ right to know the past and to access justice (make claims) as an individual and collective matter. The second part broadens the discussion to the status of the right to the truth under international law in light of the ECHR jurisprudence, and considers whether the available legal categories are suited to its formalisation.

Metodologi Pengeluaran Fatwa di Jawatankuasa Fatwa Negeri Johor

2018 ◽  
Vol 13 (1) ◽  
pp. 70-88
Author(s):  
Mohd Faez Mohd Shah ◽  
Norhidayah Pauzi
Keyword(s):  
Literature Review ◽  
Research Methods ◽  
Research Methodology ◽  
Research Method ◽  
Islamic Law ◽  
Field Research ◽  
The State ◽  
Original Source ◽  
Interview Methods ◽  
The Right

In the discipline of Islamic law research, strong proofing and clear Istinbat method are key pillars in the construction of Islamic law based on the application of the science of usul al-fiqh and maqasid al-shari'ah. However, what happens at the state of Johor’s fatwa institution is the opposite. The fatwa research methods applied by the Fatwa Committee of Johor in resolving current fatwa issues is not based on the right and true discipline of Islamic law research. In fact, current inputs related to fatwa issues are not explicitly stated in the method of determining the law either in the form of reality or scientifically verified. Therefore, this paper will discuss the fatwa procedures undertaken by the Fatwa Committee of Johor based on the methods applied in resolving current issues. The research methodology adopted is library and interview methods. This study shows that fatwa management and production in the state of Johor is placed under the jurisdiction of the Mufti of Johor’s Department. The methods adopted by the Fatwa Committee of Johor covers two methods, namely: internal research methods including literature review through the application of original source and proofs based on syarak. Second: field research method that includes an external review or going to the location of study such as conducting observation, questionnaires and interviews including referrals to specialists of different fields. Maslahah and mafsdah consideration are also implemented by the Fatwa Committee in every fatwa decision based on the standard that meets the interests of maqasid al-shari'ah. Keywords: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah ABSTRAK Dalam disiplin penyelidikan hukum Islam, kekuatan pendalilan dan kaedah istinbat yang jelas merupakan tunggak utama dalam pembinaan hukum Islam berasaskan kepada aplikasi ilmu usul al-fiqh dan maqasid al-shari’ah. Namun begitu, apa yang berlaku di institusi fatwa negeri Johor adalah sebaliknya. Kaedah penyelidikan fatwa yang diaplikasi oleh Jawatankuasa Fatwa Negeri Johor dalam menyelesaikan isu fatwa semasa tidak berasaskan kepada disiplin penyelidikan hukum Islam yang tepat dan sebenar. Malahan input-input semasa yang berkaitan dengan isu fatwa juga tidak dinyatakan secara jelas dalam kaedah penentuan hukum sama ada dalam bentuk realiti yang berlaku atau pembuktian secara saintifik. Justeru, kertas kerja ini akan membincangkan prosedur fatwa Jawatankuasa Fatwa Negeri Johor berdasarkan metode-metode yang diaplikasi dalam menyelesaikan isu-isu yang bersifat semasa. Metodologi kajian yang digunakan dalam kajian ini adalah melalui metode perpustakaan dan metode lapangan. Hasil kajian menunjukkan bahawa pengurusan dan pengeluaran fatwa di negeri Johor hanya terletak di bawah bidang kuasa Jabatan Mufti Johor. Metode fatwa yang diamalkan oleh Jawatankuasa Fatwa Negeri Johor merangkumi dua metode iaitu pertama, kaedah penyelidikan dalaman yang merangkumi kajian kepustakaan menerusi pengaplikasian dari sumber asas dan dalil-dalil syarak. Kedua, kaedah penyelidikan lapangan yang meliputi kajian luaran atau turun ke lokasi kajian seperti observasi, soal selidik dan temubual dan rujukan kepada pakar dalam bidang yang berlainan. Pertimbangan maslahah dan mafsdah juga dimplementasikan oleh Jawatankuasa Fatwa dalam setiap keputusan fatwanya berasaskan standard yang menepati kepentingan maqasid al-shari’ah. Kata kunci: Metode, fatwa, istinbat, usul al-fiqh, maqasid al-shari’ah

Introduction: Exploring Russian nationalisms

2018 ◽  
Author(s):  
Pål Kolstø ◽  
Helge Blakkisrud
Keyword(s):  
The State ◽  
Complex Interplay ◽  
Recent Developments ◽  
Part Structure

Russian societal nationalism comes in various guises, both ethnic and imperialist. Also Putin’s rhetoric is marked by the tensions between ethnic and state-focused, imperialist thinking. Noting the complex interplay of state nationalism and societal nationalism, this introductory chapter examines the mental framework within which Russian politicians were acting prior to the decision to annex Crimea. The chapter develops a typology of Russian nationalisms, surveys recent developments, and presents the three-part structure of this book: official nationalism, radical and other societal nationalisms, and identities/otherings. It concludes that after the annexation of Crimea, when the state took over the agenda of both ethnic and imperialist nationalists in Russia, societal nationalism finds itself at low ebb.

When the State Speaks, What Should It Say?

2012 ◽  
Author(s):  
Corey Brettschneider
Keyword(s):  
Freedom Of Expression ◽  
The State ◽  
Hate Groups ◽  
New Approach ◽  
State Action ◽  
Democratic State ◽  
Theory Of Value ◽  
The Right ◽  
Equal Citizenship ◽  
The Ideal

How should a liberal democracy respond to hate groups and others that oppose the ideal of free and equal citizenship? The democratic state faces the hard choice of either protecting the rights of hate groups and allowing their views to spread, or banning their views and violating citizens' rights to freedoms of expression, association, and religion. Avoiding the familiar yet problematic responses to these issues, this book proposes a new approach called value democracy. The theory of value democracy argues that the state should protect the right to express illiberal beliefs, but the state should also engage in democratic persuasion when it speaks through its various expressive capacities: publicly criticizing, and giving reasons to reject, hate-based or other discriminatory viewpoints. Distinguishing between two kinds of state action—expressive and coercive—the book contends that public criticism of viewpoints advocating discrimination based on race, gender, or sexual orientation should be pursued through the state's expressive capacities as speaker, educator, and spender. When the state uses its expressive capacities to promote the values of free and equal citizenship, it engages in democratic persuasion. By using democratic persuasion, the state can both respect rights and counter hateful or discriminatory viewpoints. The book extends this analysis from freedom of expression to the freedoms of religion and association, and shows that value democracy can uphold the protection of these freedoms while promoting equality for all citizens.

The Right to Housing: Challenges Associated with the ‘Waiting List System’ Ekurhuleni Metropolitan Municipality V Various Occupiers, Eden Park Extension 5 2014 3 SA 23 (SCA)

2017 ◽  
Vol 30 (1) ◽  
pp. 112-121
Author(s):  
Shamier Ebrahim
Keyword(s):  
Supreme Court ◽  
Waiting Lists ◽  
The State ◽  
Waiting List ◽  
Allocation Process ◽  
The Supreme Court ◽  
The Right ◽  
The Impact ◽  
Court Of Appeal

The right to adequate housing is a constitutional imperative which is contained in section 26 of the Constitution. The state is tasked with the progressive realisation of this right. The allocation of housing has been plagued with challenges which impact negatively on the allocation process. This note analyses Ekurhuleni Metropolitan Municipality v Various Occupiers, Eden Park Extension 51 which dealt with a situation where one of the main reasons provided by the Supreme Court of Appeal for refusing the eviction order was because the appellants subjected the unlawful occupiers to defective waiting lists and failed to engage with the community regarding the compilation of the lists and the criteria used to identify beneficiaries. This case brings to the fore the importance of a coherent (reasonable) waiting list in eviction proceedings. This note further analyses the impact of the waiting list system in eviction proceedings and makes recommendations regarding what would constitute a coherent (reasonable) waiting list for the purpose of section 26(2) of the Constitution.

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