scholarly journals The Definition of Bullying in Compulsory Education: From a General to a Legal Perspective

2017 ◽  
Vol 10 (1) ◽  
pp. 205-229 ◽  
Author(s):  
Agnė Margevičiūtė
Keyword(s):  
Compulsory Education ◽  
The United States ◽  
The State ◽  
Special Focus ◽  
State Law ◽  
State Laws ◽  
Legal Context ◽  
Legal Perspective ◽  
National Jurisdiction ◽  
Definition Of

Abstract The definition of the word ‘bullying’ diverges based on the field of practice and research, in the absence of an agreed-upon overreaching definition. The latter would allow maximum flexibility in contributing to the variations in findings of various academic studies. Some argue that the lack of comprehensive definition is a factor of inaccuracy in estimating the prevalence of bullying itself. The ‘definition’ per se [of bullying] is in general recognized by the state law of the United States as one of the key components of any policy adopted by the states and local educational agencies, and which is required to be consistent with the definitions specified in state law. This article presents an overview of the definitions of bullying beyond the legal sphere in general as well as from a legal perspective. Special focus is dedicated to the state laws of the US as the main national jurisdiction that has adopted education law that contains explicit definition of bullying, as well as some of the aspects of defining bullying within the general and legal context of Lithuanian jurisdiction.

Constructing Images of Deviance: A Look at State Intervention into the Problem of Wife-Battery

1983 ◽  
Vol 31 (1_suppl) ◽  
pp. 60-76
Author(s):  
Patricia A. Morgan
Keyword(s):  
Social Problem ◽  
State Intervention ◽  
The United States ◽  
The State ◽  
Structural Position ◽  
Wife Battering ◽  
The Social ◽  
Class Context ◽  
Definition Of ◽  
The Cost

Patricia Morgan's paper describes what happens when the state intervenes in the social problem of wife-battering. Her analysis refers to the United States, but there are clear implications for other countries, including Britain. The author argues that the state, through its social problem apparatus, manages the image of the problem by a process of bureaucratization, professionalization and individualization. This serves to narrow the definition of the problem, and to depoliticize it by removing it from its class context and viewing it in terms of individual pathology rather than structure. Thus refuges were initially run by small feminist collectives which had a dual objective of providing a service and promoting among the women an understanding of their structural position in society. The need for funds forced the groups to turn to the state for financial aid. This was given, but at the cost to the refuges of losing their political aims. Many refuges became larger, much more service-orientated and more diversified in providing therapy for the batterers and dealing with other problems such as alcoholism and drug abuse. This transformed not only the refuges but also the image of the problem of wife-battering.

Koppelman, J., concurring.

2020 ◽  
pp. 129-145
Keyword(s):  
Sex Discrimination ◽  
The State ◽  
State Law ◽  
State Laws ◽  
Sex Stereotypes

If April DeBoer were a man, or James Obergefell a woman, or Valeria Tanco a man, or Greg Bourke a woman, then state law would readily give them the relief they seek. But because the state laws challenged in these cases provide that only a man can marry a woman and only a woman can marry a man—or that existing marriages will be denied recognition if they do not fit this description—April and James and Valeria and Greg are being discriminated against on the basis of their gender. Such sex-based classifications constitute sex discrimination. Accordingly, they must be subjected to intermediate scrutiny. The justifications the state offers not only fail to satisfy such scrutiny. They are themselves based on the precise invidious sex stereotypes that intermediate scrutiny seeks to uncover....

State Law on the Nomination, Election, and Instruction of Presidential Electors

1948 ◽  
Vol 42 (3) ◽  
pp. 523-529 ◽  
Author(s):  
Ruth C. Silva
Keyword(s):  
South Carolina ◽  
Vice President ◽  
The United States ◽  
State Legislature ◽  
The State ◽  
Electoral College ◽  
State Laws ◽  
Southern States ◽  
Legal Fiction ◽  
Fair Employment

The Constitution of the United States provides that each state shall appoint, in such manner as its legislature may direct, a number of presidential electors equal to the number of Senators and Representatives to which the state is entitled in the Congress. The Supreme Court has ruled that this clause gives the state legislature exclusive power to decide the manner of choosing electors. Before 1832, several legislatures themselves selected the members of the state's electoral college, a practice followed by South Carolina until the Civil War. As every student of American government knows, in the period from 1788 to 1832, the popular selection of electors was established and real discretion on the part of electors in choosing a President and Vice President became a legal fiction. For a century, the practice has been for the electorate to choose a set of electors, who, it is understood, will legally confirm the decision already made at the polls.The automatic operation of the electoral college as a device for translating popular votes into electoral votes is now challenged, however, with the projection of the possibility of eighty “unpledged electors.” The governors of seven Southern states recently agreed that if the Democratic national convention nominates a presidential candidate advocating anti-segregation, anti-lynching, anti-poll tax, and fair employment practices legislation, they will attempt to keep the Democratic electoral votes of their states from being cast for such nominee. This possibility makes state laws regulating the nomination, election, and instruction of presidential electors of utmost interest and importance.

Article 76 of the LOSC on the Definition of the Continental Shelf: Questions concerning its Interpretation from a Legal Perspective

2006 ◽  
Vol 21 (3) ◽  
pp. 269-285 ◽  
Author(s):  
Alex Oude Elferink
Keyword(s):  
United Nations ◽  
Continental Shelf ◽  
Law Of The Sea ◽  
The Third ◽  
Complex Process ◽  
Legal Perspective ◽  
National Jurisdiction ◽  
United Nations Convention ◽  
The Law ◽  
Definition Of

AbstractThe establishment of the outer limits of the continental shelf beyond 200 nautical miles under Article 76 of the United Nations Convention on the Law of the Sea (LOSC) is a complex process, which requires a coastal state to dedicate significant resources. To understand the reasons for the inclusion of this complex provision in the LOSC, this article first looks at the origins of Article 76. Subsequently, a number of provisions of Article 76 are considered to illustrate the questions which exist in connection with its application and interpretation. It is concluded that Article 76 fulfills the mandate that had been given to the Third United Nations Conference on the Law of the Sea in respect of the definition of the limits of national jurisdiction, notwithstanding the complexity of the issue and the interests involved. Before the Third Conference started there was no certainty about the extent of the continental shelf. Article 76 provides a procedure to arrive at precisely defined outer limits. Once Article 76 will have been implemented by all the present states parties to the Convention, most of the outer limits of the continental shelf vis-à-vis the Area will be defined in precise terms.

A Transnational Concept of Law

2005 ◽  
Author(s):  
H. Patrick Glenn
Keyword(s):  
Legal Theory ◽  
The State ◽  
Western World ◽  
State Law ◽  
Significant Development ◽  
State Laws ◽  
State Institutions ◽  
Western Law ◽  
Concept Of Law

Most of the legal theory of the last four centuries, in the Western world, has been state-centred. It has justified the existence of states, facilitated their expansion, conceptualized their sources and structures, sought to resolve their conflicts, and developed their law. The state has even been taken, in much of this writing, as the exclusive source of law. There are indications, however, that this theoretical preoccupation with state structures, state institutions, and state laws may now be in decline. This would be a significant development, a historical shift in emphasis in the conceptualization of Western law. It would not, however, mean the end of states or of state law, but rather their contextualization. States and state law would exist in a larger field of normativity. This would entail recognition of a wider range of sources of law and a wider range of relations between laws and between peoples. To attempt to understand these processes, and the extent of their progression, this article examines what we know, or think we know, of the relations between law and the state, before turning to current efforts to develop a transnational concept of law.

scholarly journals COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE USA AND THE RUSSIAN FEDERATION ON CIVIL LIABILITY FOR DAMAGE CAUSED BY GOODS WITH INCREASED HAZARDOUS PROPERTIES

2020 ◽  
Vol 35 (3) ◽  
pp. 86-90
Author(s):  
S.M. Salikhova ◽  
◽  
A.M. Shakhaeva ◽  
Keyword(s):  
United States ◽  
Legal System ◽  
Civil Liability ◽  
The United States ◽  
Important Place ◽  
State Laws ◽  
Goods And Services ◽  
The Usa ◽  
American Legal System ◽  
Definition Of

The relevance of the consideration of the problem of civil liability for harm caused by goods with increased hazardous properties is determined by the fact that such cases occupy an increasingly important place in judicial practice. This shows that not only the legal awareness of citizens is growing, but the very definition of “goods with increased dangerous properties” does not have all the principles of specificity. In this regard, one can turn to the experience of other countries, especially those where consumer protection has proven effective. The United States is one of such countries, where not only the culture of consumption is high, but also the legal culture. This combination allows the American legal system to respond to citizens ’appeals in a timely manner and resolve issues with an objective review of cases where liability for damage caused by goods with increased dangerous properties is considered. In the United States, the definition of civil liability for manufacturers and sellers of goods and services is governed by federal and state laws. Moreover, it is the laws of the states in most cases that govern the most important aspects related to determining the shortage of goods, services and work. It should be noted the importance of the precedent in the US legal system, which also determines many cases for determining civil liability for harm caused by some properties of goods. To compare the fundamentals of the legislation of the two countries in the studied area, the comparative legal research method was applied, which allows us to highlight general and excellent legislative norms. Based on the results of the comparison, it was concluded that the similarities and differences between the American and Russian legislation in terms of civil-steam liability for damage caused by goods with dangerous properties.

A Self-Executing Amendment

2020 ◽  
pp. 69-88
Author(s):  
Paula A. Monopoli
Keyword(s):  
The State ◽  
The Self ◽  
State Courts ◽  
State Court ◽  
Constitutional Interpretation ◽  
State Law ◽  
State Laws ◽  
Nineteenth Amendment ◽  
Actual Impact ◽  
Constitutional Construction

Chapter 4 examines the state cases that were brought, after ratification, around the validity of voter petitions and elections in which women voted and around preconditions to voting, like poll taxes. Those cases gave state courts a forum to discuss the self-executing nature of the Nineteenth Amendment, in terms of its impact on existing state law. The general conclusion was that the Nineteenth Amendment was self-executing as to voting itself. But state differences in statutory and constitutional construction yielded mixed results, in terms of its actual impact on state laws around voter eligibility, including the requirement that women pay poll taxes. These cases demonstrate the broad discretion in state court judges regarding what was encompassed within “voting” as a matter of constitutional interpretation and statutory construction.

The Legal Context

2013 ◽  
Author(s):  
Rickie Solinger
Keyword(s):  
United States ◽  
The United States ◽  
National Government ◽  
United States Constitution ◽  
Court Decisions ◽  
State Laws ◽  
Governing System ◽  
Legal Context ◽  
Federal Laws

Why are reproductive issues governed variously by state laws, federal laws, and court decisions? The United States Constitution created a governing system known as federalism, under which the states and the national government share powers. The Constitution is specific about which powers the...

scholarly journals Factors to influence the formation of the US foreign policy during the presidency of Bill Clinton

2017 ◽  
pp. 6-15
Author(s):  
Viktoriia Bondaruk
Keyword(s):  
United States ◽  
Foreign Policy ◽  
Developed Countries ◽  
The United States ◽  
Bill Clinton ◽  
Us Foreign Policy ◽  
The State ◽  
Economic Relations ◽  
The Us ◽  
Definition Of

The US foreign policy serves as an example for other countries, as it is one of the most developed countries in the world. For a better understanding of the features of contemporary foreign policy, the preconditions for its formation are determined. The history of the United States of America has been analyzed, which has inevitably influenced the formation of its current foreign policy and geostrategy. The political system of the country is defined as one of the direct factors influencing the formation of foreign policy. It is revealed that the very political preconditions create the legal basis for the existence and development of foreign policy, and therefore their study is very important for a deeper understanding of the vectors, principles and means of implementing the modern foreign policy of any state, namely, the United States. The internal economic situation, structure and development of the country’s economy, as well as problems and challenges on the way to the development of the national economy that are directly relevant for defining the functions, priorities and directions of foreign policy are considered. After all, it is the economy that is one of the most important factors shaping the foreign economic strategy of the state, which is an important factor in the formation of foreign economic relations and politics in general. It is proved that the geopolitical situation is the main factor for the definition of foreign policy vectors of the state. The geographic and geopolitical location of the state, in this case, the United States, defines the directions and vectors of the foreign policy of the state. The article explores all the factors and preconditions for the formation of US foreign policy during the presidency of Bill Clinton and his predecessors.

scholarly journals How Much and to Whom Does Free Education Cost? Human Right Based on Solidarity

2020 ◽  
Vol 3 (2) ◽  
pp. 1
Author(s):  
Gabriele Taminskaite
Keyword(s):  
European Union ◽  
Compulsory Education ◽  
The State ◽  
University Education ◽  
Equal Rights ◽  
Human Right ◽  
Legal Context ◽  
European Union Legislation ◽  
Legitimate Interests ◽  
Education Costs

According to international and European Union legislation, everyone has equal rights to education at all levels, and the access to compulsory education must be free of charges for all. The commonly used wording of „free education“ leads to a widespread perception in society that education, often not only compulsory but also university education, costs nothing to anyone. The article raises the question of whether education is really free. It discusses in the legal context who actually funds education and on what basis. The article looks for the answers to the questions, what does public solidarity idea mean, what is the balance between legitimate interests of a person and the needs of the society and the state, what is the purpose of it and how to guarantee it.

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