Carpe Demonstratores: Towards a Bright-Line Rule Governing Seizure in Excessive Force Claims Brought by Demonstrators

This chapter turns to the restoration of consumer sovereignty. It revisits the three recurrent principles set out in Chapter 1 and argues that antitrust and intellectual property laws must understand consumers in their full socially embedded complexity to promote progress. Only in this way can analysts respect, rather than suppress, consumer preferences that evince concern for less proprietary forms of production and distribution in a marketplace which is heavily fixated on consumerism and passive consumption. It points to a number of ingenious recent studies from the cognitive psychological research that demonstrate that revealed preferences and external incentives have been offered as bright line rules for directing the consumer’s attention primarily (and exclusively) to conventional manufacturing and distribution techniques, but that such physical and economic processes scarcely exhaust the universe of choices about which consumers express strong interest.

Solar eclipse of 1900, May 28.—General discussion of spectroscopic results

Proceedings of the Royal Society of London ◽

10.1098/rspl.1902.0089 ◽

1903 ◽

Vol 71 (467-476) ◽

pp. 228-229

Keyword(s):

Solar Eclipse ◽

Wave Length ◽

Solar Spectrum ◽

Great Majority ◽

Dark Line ◽

Bright Line ◽

Flash Spectrum

In a general way the conclusions arrived at from the discussion of the spectra obtained in 1898 are amply confirmed and extended by the present results. It is now shown that every strong dark line of the solar spectrum exceeding Rowland’s intensity 7 is found in these spectra as a bright line; and the great majority of the bright lines of the flash spectrum, excluding hydrogen and helium lines, coincide with dark lines of intensity not less than 3. Most of the bright arcs of the flash spectrum are well-defined narrow lines admitting of considerable accuracy in the measures, and the present determinations of wave-length indicate that the coincidence of the bright lines with the dark lines is exact within ·05 t. m. for all the well-defined lines.

Visual Estimation of Force Applied During Simulated Deliveries Complicated by Shoulder Dystocia

American Journal of Perinatology Reports ◽

10.1055/s-0038-1673377 ◽

2018 ◽

Vol 08 (04) ◽

pp. e206-e211

Author(s):

Margaret Walters ◽

Allison Eubanks ◽

Elizabeth Weissbrod ◽

John Fischer ◽

Barton Staat ◽

...

Keyword(s):

Study Design ◽

Pubic Symphysis ◽

Shoulder Dystocia ◽

Objective Measurement ◽

Excessive Force ◽

Visual Estimation ◽

Average Amount ◽

Fetal Head

Background Shoulder dystocia occurs when the fetal head delivers, but the shoulder is lodged behind the pubic symphysis. Training for these emergency deliveries is not optimized, and litigation can occur around a shoulder dystocia delivery. Objective Evaluate the ability of an outside observer to visually estimate the amount of traction applied to the fetal head during simulated deliveries complicated by shoulder dystocia. Study Design Simulated deliveries with an objective measurement of traction were randomly organized for estimation of traction applied. Videos show providers applying a “normal” (75 N) and “excessive” (150 N) amount of force in both a “calm” and “stressed” delivery. Results Fifty participants rated the amount of force applied. Observers estimated traction, on a scale from 1 to 5, higher in the 150-N deliveries as compared with 75-N deliveries (“calm” environment: 3.1 vs. 2.8, p < 0.001; and “stressed” environment: 3.2 vs. 2.8, p < 0.001). Only 15% of observers rated force “above average” or “excessive” in a “calm” environment, as opposed to 30% of observers in the “stressed” environment. Conclusion Observers are not able to determine when “excessive force” is used and are twice as likely to overestimate the force applied to a fetal head when an average amount of force is used and the delivery environment is stressful. Precis Observers are unable to determine when excessive traction is applied to the fetal head during simulated deliveries complicated by shoulder dystocia.

Rethinking Excessive Force

Duke Law Journal ◽

10.2307/1372527 ◽

1987 ◽

Vol 1987 (4) ◽

pp. 692

Author(s):

R. Wilson Freyermuth

Keyword(s):

Excessive Force

Child Sexual Abuse in the Catholic Church

Criminal Justice and Behavior ◽

10.1177/0093854808314470 ◽

2008 ◽

Vol 35 (5) ◽

pp. 658-678 ◽

Cited By ~ 23

Author(s):

Michael D. White ◽

Karen J. Terry

Keyword(s):

Sexual Abuse ◽

Child Sexual Abuse ◽

Catholic Church ◽

Excessive Force ◽

Police Organization ◽

Sex Abuse ◽

Police Deviance ◽

The Individual ◽

The Church ◽

The Catholic Church

The Catholic Church response to its sexual abuse crisis and how the problem should be addressed parallels the “rotten apple” assertions of police deviance. The rotten apple theory, however, does not fully explain police deviance, as there are often also structural explanations. This article employs Kappeler, Sluder, and Alpert's (1998) police deviance framework to characterize and understand the Catholic Church sex abuse scandal, drawing specific comparisons to the intentional use of excessive force by police. Though the analogy has limitations, there are similarities at both the individual and organizational levels, particularly because the Church has implemented accountability mechanisms similar to the police. The article concludes with a discussion of lessons the Church can learn from the police organization as they seek to prevent, control, and effectively respond to sexual abuse of children by their clergy.

Excessive Force Claims: Removing the Double Standard

The University of Chicago Law Review ◽

10.2307/1599751 ◽

1986 ◽

Vol 53 (4) ◽

pp. 1369

Author(s):

Bradley M. Campbell

Keyword(s):

Double Standard ◽

Excessive Force

Of Bodies Politic and Pecuniary: A Brief History of Corporate Purpose

Michigan Business & Entrepreneurial Law Review ◽

10.36639/mbelr.9.1.bodies ◽

2020 ◽

pp. 1

Author(s):

David Guenther

Keyword(s):

Nineteenth Century ◽

Social Enterprise ◽

The United States ◽

Social Enterprises ◽

American Business ◽

Business Corporation ◽

For Profit ◽

Early American ◽

Bright Line ◽

History Of

American corporate law has long drawn a bright line between for-profit and non-profit corporations. In recent years, hybrid or social enterprises have increasingly put this bright-line distinction to the test. This Article asks what we can learn about the purpose of the American business corporation by examining its history and development in the United States in its formative period from roughly 1780-1860. This brief history of corporate purpose suggests that the duty to maximize profits in the for-profit corporation is a relatively recent development. Historically, the American business corporation grew out of an earlier form of corporation that was neither for-profit nor nonprofit in today’s parlance but rather, served a multitude of municipal, religious, charitable, educational, and eventually business purposes in early nineteenth-century New England. The purposes of early American business corporations—rather than maximization of profit to private shareholders— were often overtly public, involving development of local transportation, finance, and other much-needed economic infrastructure. With the rise of factory-based manufacturing, railroads, and other capital-intensive industries in the middle decades of the nineteenth century and the advent of general incorporation statutes, the purpose of the American business corporation shifted fundamentally from public to private. By 1860, the stage was set for the modern firm. This Article concludes that the corporation has no intrinsic purpose. The corporation’s defining features are separate legal personality and the ability to aggregate capital toward any otherwise lawful end, whether for-profit or nonprofit. Social enterprises today more closely resemble the early American business corporation than the profit-maximizing modern firm. Social enterprise should be seen less as a legally uncertain novelty than a return to the business corporation’s nineteenth-century American roots. Finally, this Article suggests potential limitations for social enterprise.

RADIKALISASI GERAKAN JAMAAH ANSHARUT TAUHID DAN PENGARUH ISIS DI INDONESIA

Jurnal Sosiologi Reflektif ◽

10.14421/jsr.v12i2.1295 ◽

2018 ◽

Vol 12 (2) ◽

pp. 213

Author(s):

Asman Abdullah

Keyword(s):

Social Change ◽

Direct Contact ◽

Military Training ◽

Complete Picture ◽

Deterrent Effect ◽

Excessive Force ◽

The Social

This research was a case study that observed the movement of Jamaah Anshorut Tauhid. JAT movement is a jihad movement with the aim of fighting for Islamic Sharia in Indonesia. This research uses qualitative deskriptif method in direct contact with the object under study. It gives a complete picture of the phenomenon of radical Islamic JAT movements that was religiously motivated and understand the process of dynamics and the purpose of the social change that they want. The radical changes that they expect was contradict with the regime in Indonesia. The government's refreshing action accompanies every step of the JAT jihadists. In fact, excessive force often carried out by the authorities to provide a deterrent effect. But such actions only lead to jihadist heroism and reinforce their beliefs. Two things should be explained in the JAT movement, firstly, JAT involvement in Aceh military training in 2010. This military training involved cross-tanzhim jihad in Indonesia. The alumnus of this training will form a new radical network affiliated with ISIS. Second, the influence of ISIS in Indonesia caused a split in JAT. For JAT jihadi that supports ISIS still survives under the leadership of Abu Bakar Ba'asyir and Aman Abdurrahman while those who refuse to join ISIS have to get out of tanzhim. Those who came out of JAT formed a new organisation with the name of Jamaah Anshorut Syariah (JAS) under the leadership of Muhammad Achwan.Penelitian ini merupakan studi kasus yang menyorot gerakan Jamaah Anshorut Tauhid. Gerakan JAT merupakan gerakan jihad dengan tujuan memperjuangkan 214 Syariat Islam di Indonesia. Penelitian ini menggunakan metode deskriptik kualitatif yang bersentuhan langsung dengan obyek yang diteliti. Memberikan gambaran utuh fenomena gerakan radikal Islam JAT yang bermotif agama dan memahami proses dinamika dan tujuan dari perubahan sosial yang hendak mereka wujudkan. Perubahan radikal yang mereka harapkan bertentangan dengan rezim di Indonesia. Tindakan refresif pemerintah mengiringi setiap langkah para jihadis JAT. Bahkan kerapkali kekerasan berlebihan dilakukan aparat untuk memberikan efek jera. Tetapi tindakan seperti ini hanya menimbulkan sikap heroisme jihadis dan semakin meneguhkan keyakinan mereka. Dua hal yang patut disorot dari gerakan JAT pertama, keterlibatan JAT dalam pelatihan militer Aceh tahun 2010. Pelatihan militer ini melibatkan lintas tanzhim jihad di Indonesia. Alumni dari pelatihan ini kelak membentuk jaringan radikal baru yang berafiliasi dengan ISIS. Kedua, pengaruh ISIS di Indonesia melahirkan perpecahan bagi JAT. Bagi jihadi JAT yang mendukung ISIS tetap bertahan dibawah pimpinan Abu Bakar Ba’asyir dan Aman Abdurrahman sedangkan yang menolak bergabung dengan ISIS harus keluar dari tanzhim. Mereka yang keluar dari JAT membentuk jamaah baru dengan nama Jamaah Anshorut Syariah (JAS) dibawah pimpinan Muhammad Achwan.