Recent Developments in Challenging the Right to Take in Eminent Domain

2010 ◽  
Author(s):  
Robert H. Thomas



2013 ◽  
Vol 45 (1-2) ◽  
pp. 77-108 ◽  
Author(s):  
Leif Magne Lervik

In June 2008, the U.S. Supreme Court ruled that the Second Amendment to the U.S. Constitution guarantees an individual the right to keep and bear arms. Two years later, this decision was also made applicable to state and local governments. Today, seven U.S. states have provisions allowing the carrying of concealed weapons on their public senior high school campuses. This article, introduced by a brief comment on the Second Amendment’s legal and academic history, traces several recent developments of legal change. It discusses relevant arguments and attitudes towards guns on campus, and explores issues of future concern for public colleges and universities within the realm of firearms and campus safety.



Author(s):  
Lisa Rodgers

‘Ordinary’ employment contracts—including those of domestic servants—have been deemed to attract diplomatic immunity because they fall within the scope of diplomatic functions. This chapter highlights the potential for conflict between these forms of immunity and the rights of the employees, and reflects on cases in which personal servants of diplomatic agents have challenged both the existence of immunity and the scope of its application. The chapter examines claims that the exercise of diplomatic immunity might violate the right to a fair trial under Article 6 of the European Convention on Human Rights and the way in which courts have dealt with these issues. The chapter analyses diplomats’ own employment claims and notes that they are usually blocked by the assertion of immunity, but also reflects on more recent developments in which claims had been considered which were incidental to diplomatic employment (eg Nigeria v Ogbonna [2012]).



2017 ◽  
Vol 7 (2) ◽  
pp. 1-17 ◽  
Author(s):  
Fabienne Peter

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights that do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm.



Author(s):  
Knut Fournier

The complexity of the right to privacy is particularly striking when the issues at stake are, ultimately, other political rights and freedoms such as the right to free speech and the right of association. The surveillance of individuals and groups by the state has strong political consequences: the surveillance of political activities re-defines what the private sphere is, and displaces its limits, in a context in which more information is becoming available to the public. Multiple recent developments, exemplified by the role of the right to privacy in movies, exacerbated the tensions between Europe and the United States over the notion of privacy. The future EU data protection laws will create a right to be forgotten, whose political value is still unknown.



2011 ◽  
pp. 632-641
Author(s):  
Mohammed Jabed Sarwar

Numerous factors, like political stability, physical infrastructure, basic healthcare, and so forth influence the extent and speed of social and economic development. There is no suggestion that ICT can eliminate the need for these or offer a panacea for all development problems. But detail analyses of experience around the world reveal ample evidence that, if used in the right way and for the right purposes, ICT can have a dramatic impact on achieving specific socio-economic development goals, as well as, play a key role in broader national development strategies. The real benefits lie not in the provision of technology rather in its application to create powerful socio-economic networks by drastically improving communication and the exchange of information (Vulkan, 1999). Recent developments in the fields of communications and information technology are indeed revolutionary in nature. Information and knowledge are expanding in quantity and accessibility. In many fields, future decision-makers will be presented with unprecedented new tools for development. In such fields as agriculture, health, education, human resources and environmental management, or transport and business development, the consequences could be really quite revolutionary. Communications and information technology have enormous potential, especially for developing countries, and in furthering sustainable development (Hamelink, 1997). ICTs have therefore brought about a new hope for the developing world. Many of these countries continue to labor in the agricultural age and their economic development is thus restricted and unable to move on and catch up with the developed world. Most developing nations have also been unable to industrialize their economies leading to greater impoverishment and dependence. In this context, the very prospect of “leapfrogging” the traditional stages and cycles of progress, is seen as revolutionary. Telemedicine, distance education, wireless applications, the use of the Internet for a wide variety of critical information dissemination tasks—hold the promise of overcoming fundamental barriers of infrastructure which have plagued the developing world (Mody, 1999).



2021 ◽  
pp. 136-146
Author(s):  
Tom Ginsburg

This chapter focuses on the abuse of international rights to political participation so as to facilitate a leader's remaining in office beyond the constitutionally mandated term. This involves not only the abuse of the interpretation of rights, but also the abuse of the doctrine of unconstitutional constitutional amendments, which has spread around the world in recent years. How does this happen and what, if anything, can international law do about it? After introducing a motivating case — the famous decision of the Colombian Constitutional Court in the second re-election decision, in which courts stood for the protection of democracy — the chapter examines recent 'bad' cases in which rights and constitutional amendments are abused to extend leaders' terms. It surveys recent developments in the law of term limits, and briefly proposes a normative interpretation of the right to political participation which ought to be consistent with the emerging doctrine. The chapter suggests that there is an emerging consensus, at least in some regions of the world, that there are limits in states' ability to modify term limits unconditionally.



Author(s):  
M. J. Sarwar

Numerous factors, like political stability, physical infrastructure, basic healthcare, and so forth influence the extent and speed of social and economic development. There is no suggestion that ICT can eliminate the need for these or offer a panacea for all development problems. But detail analyses of experience around the world reveal ample evidence that, if used in the right way and for the right purposes, ICT can have a dramatic impact on achieving specific socio-economic development goals, as well as, play a key role in broader national development strategies. The real benefits lie not in the provision of technology rather in its application to create powerful socio-economic networks by drastically improving communication and the exchange of information (Vulkan, 1999). Recent developments in the fields of communications and information technology are indeed revolutionary in nature. Information and knowledge are expanding in quantity and accessibility. In many fields, future decision-makers will be presented with unprecedented new tools for development. In such fields as agriculture, health, education, human resources and environmental management, or transport and business development, the consequences could be really quite revolutionary. Communications and information technology have enormous potential, especially for developing countries, and in furthering sustainable development (Hamelink, 1997). ICTs have therefore brought about a new hope for the developing world. Many of these countries continue to labor in the agricultural age and their economic development is thus restricted and unable to move on and catch up with the developed world. Most developing nations have also been unable to industrialize their economies leading to greater impoverishment and dependence. In this context, the very prospect of “leapfrogging” the traditional stages and cycles of progress, is seen as revolutionary. Telemedicine, distance education, wireless applications, the use of the Internet for a wide variety of critical information dissemination tasks—hold the promise of overcoming fundamental barriers of infrastructure which have plagued the developing world (Mody, 1999).



2020 ◽  
Vol 12 (2) ◽  
Author(s):  
Gloria Pelizzo ◽  
Mario Giuseppe Vallone ◽  
Mario Milazzo ◽  
Gregorio Rosone ◽  
Salvatore Amoroso ◽  
...  

Recent developments in endovascular radiological techniques and devices have rendered embolization a major therapeutic option prior to surgery in many renal vascular or neoplastic diseases. A 19-yearold female patient, with a diagnosis of tuberous sclerosis complex (TSC) in childhood, was admitted with severe anemia. Polycystic kidney disease in end-stage renal failure appeared four years before and the patient has been undergoing peritoneal dialysis. The patient’s medical history also included bilateral renal angiomyolipomas (AMLs). One year earlier, a unilateral endovascular embolization was performed to repair a bleeding aneurysm at the right renal upper pole. A second bilateral ruptured renal aneurysm was diagnosed at admission. To continue with peritoneal dialysis and prevent intrarenal hemorrhage and intraperitonal bleeding, an urgent bilateral renal AE was performed. Two months later she underwent a bilateral retroperitoneal nephrectomy. The posterior surgical approach, preserved the peritoneal surface area and adequate conditions to continue dialysis. At histology, bilateral AMLs were confirmed and a renal cell carcinoma of the right kidney was concurrently discovered. She undergoes continuous peritoneal dialysis. Urgent selective renal AE represents a feasible treatment for bilateral AML bleeding. It is safe and feasible before performing nephrectomy in patients with end-stage renal failure.



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