Special Municipal Legislation in Iowa

1920 ◽  
Vol 14 (3) ◽  
pp. 423-445
Author(s):  
Frank Edward Horack
Keyword(s):  
Total Population ◽  
The State ◽  
General Nature ◽  
General Assembly ◽  
Bill Of Rights ◽  
General Law ◽  
Two Cities

The Iowa constitution of 1857 was one of the first to prohibit the passage of special laws for cities and towns. Section 30 of Article III of the constitution enumerates six subjects upon which the legislature is forbidden to pass any special act; the fourth of which proscribes the passage of any act “For the incorporation of cities and towns.” The same section also declares that “In all the cases above enumerated, and in all other cases where a general law can be made applicable, all laws shall be general, and of uniform operation throughout the state.” In addition to these provisions Section 6 of Article I of the Bill of Rights requires that “All laws of a general nature shall have a uniform operation; the general assembly shall not grant to any citizen or class of citizens, privileges or immunities, which upon the same terms shall not equally belong to all citizens.”Just what prompted the convention which drafted the constitution of 1857 to declare against special legislation for cities and towns is not clear. The proceedings of the convention do not disclose any debate upon the provision when adopted. The experience of other states may have impressed the constitution makers of Iowa with the evils arising from the unlimited exercise of powers over municipalities by legislative bodies, but that these evils had manifested themselves seriously in Iowa as early as 1857 is almost beyond belief. In 1856 the total population of Iowa was only 517,875 and this was largely rural. The federal census of 1860 shows but two cities in the state with a population above 10,000 and these were both under 15,000.

Surveys of State Administrative Organization: Iowa and Wyoming

1934 ◽  
Vol 28 (3) ◽  
pp. 481-488
Author(s):  
Kirk H. Porter
Keyword(s):  
Local Government ◽  
The State ◽  
General Assembly ◽  
Administrative Organization ◽  
State And Local Government ◽  
Government Research ◽  
State And Local

Largely in response to the urgings of the newly elected Democratic governor of Iowa, Clyde L. Herring, the forty-fifth general assembly early in its session passed the necessary legislation to make possible a survey of state and local government in Iowa by the Brookings Institute for Government Research. The survey was begun early in February, 1933; and by the end of July, it was possible to file the report with the interim committee of the legislature which had the matter in hand. This report was published by the state in January, 1934, as a paper-covered volume of 650 closely printed pages.

Asad on the Secular

2013 ◽  
Vol 30 (1) ◽  
pp. 1-21
Author(s):  
Auwais Rafudeen
Keyword(s):  
Human Rights ◽  
South African ◽  
The State ◽  
South African Context ◽  
Bill Of Rights ◽  
The South ◽  
Legal Nature ◽  
African Context

This paper examines a South African debate on legislating Muslim marriages in the light of anthropologist Talal Asad’s critique developed in his Formations of the Secular (2003). It probes aspects of the debate under four Asadian themes: (1) the historicity of the secular, secularism, and secularization; (2) the place of power and the new articulations of discourses it creates; (3) the state as the arm of that power; and (4) the interconnections (or dislocations) among law, ethics, and the organic environment (habitus). I argue that Asad illumines the debate in the following ways: (1) by providing a deeper historical and philosophical appreciation of its terms of reference, given that the proposed legislation will be subject to South Africa’s secular Bill of Rights and constitution; (2) by requiring us to examine and interrogate the genealogies of such particular hegemonic discourses as human rights, which some participants appear to present as ahistorical and privileged; and (3) by showing, through the concept of habitus, why this debate needs to go beyond its present piecemeal legal nature and develop an appreciation of the organic linkages among the Shari‘ah, morality, community, and self. Yet inevitable nuances are produced when applying Asad’s ideas to the South African context.

What Use Is Customary International Law?

2021 ◽  
Vol 9 (1) ◽  
pp. 119-131
Author(s):  
Anthony Carty
Keyword(s):  
International Law ◽  
Legal Theory ◽  
The State ◽  
Legal Doctrine ◽  
Customary International Law ◽  
Legal Personality ◽  
Historical School ◽  
General Law ◽  
The One ◽  
The 19Th Century

Abstract Customary international law as a source of general law is given a primary place in Article 38 of the ICJ Statute. However, it is historically a concept created by legal doctrine. The very idea of custom supposes legal persons are natural persons living in a dynamic, evolving community. This was the assumption of the historical school of law in the 19th century when the concept of custom was developed. Now the dominant notion of legal personality is the State as an impersonal corporation and international legal theory (Brierly and D’Amato) can see well that the death of the historical school of law has to mean the death of the concept of custom. What should replace it? Two steps need to be taken in sequence. Firstly, following the Swedish realist philosopher Haegerstrom, we have to ascertain the precise constellations of the conflictual attitudes the populations of States have to the patterns of normativity which they project onto international society. Secondly, we should follow the virtue ethics jurisprudence of Paul Ricoeur and others, who develop a theory of critical legal doctrinal judgement, along the classical lines of Aristotle and Confucius, to challenge and sort out the prejudices of peoples into some reasonable shape, whereby these can be encouraged to understand and respect one another. Then one will not have to endure so many silly interpretations of international law such as the one declaring that there are only rocks in the South China Sea and not islands. Such interpretations have nothing to do with the supposedly ordinary legal language analysis of a convention and the State practice surrounding it. They have to do entirely with a continued lack of respect by Western jurists for non-Western societies and nations.

scholarly journals Estimation of HIV incidence in two Brazilian municipalities, 2013

2016 ◽  
Vol 50 (0) ◽  
Author(s):  
Célia Landmann Szwarcwald ◽  
Orlando da Costa Ferreira Júnior ◽  
Ana Maria de Brito ◽  
Karin Regina Luhm ◽  
Clea Elisa Lopes Ribeiro ◽  
...  
Keyword(s):  
Total Population ◽  
Hiv Infections ◽  
Incidence Rates ◽  
Hiv Incidence ◽  
Female Ratio ◽  
Exposure Category ◽  
Two Cities ◽  
Population Subgroup ◽  
Sex With Men ◽  
Male To Female

ABSTRACT OBJECTIVE To estimate HIV incidence in two Brazilian municipalities, Recife and Curitiba, in the year of 2013. METHODS The method for estimating incidence was based on primary information, resulting from the Lag-Avidity laboratory test for detection of recent HIV infections, applied in a sample of the cases diagnosed in the two cities in 2013. For the estimation of the HIV incidence for the total population of the cities, the recent infections detected in the research were annualized and weighted by the inverse of the probability of HIV testing in 2013 among the infected and not diagnosed cases. After estimating HIV incidence for the total population, the incidence rates were estimated by sex, age group, and exposure category. RESULTS In Recife, 902 individuals aged 13 years and older were diagnosed with HIV infection. From these, 528 were included in the study, and the estimated proportion of recent infections was 13.1%. In Curitiba, 1,013 people aged 13 years and older were diagnosed, 497 participated in the study, and the proportion of recent infections was 10.5%. In Recife, the estimated incidence rate was 53.1/100,000 inhabitants of 13 years and older, while in Curitiba, it was 41.1/100,000, with male-to-female ratio of 3.5 and 2.4, respectively. We observed high rates of HIV incidence among men who have sex with men, of 1.47% in Recife and 0.92% in Curitiba. CONCLUSIONS The results obtained in the two cities showed that the group of men who have sex with men are disproportionately subject to a greater risk of new infections, and indicate that strategies to control the spread of the epidemic in this population subgroup are essential and urgent.

scholarly journals INCENTIVES AND ENTRENCHMENT IN BRAZILIAN AGRICULTURAL COOPERATIVES: EVIDENCE FROM COOPERATIVES IN THE STATE OF SÃO PAULO

2017 ◽  
Vol 10 (1) ◽  
Author(s):  
Leandro Massaki Yonemura ◽  
Davi Rogério De Moura Costa
Keyword(s):  
Corporate Governance ◽  
Sao Paulo ◽  
The State ◽  
General Assembly ◽  
Agricultural Cooperatives ◽  
São Paulo ◽  
Market Failures ◽  
Structure And Property ◽  
Economic Organizations ◽  
And Control

Agricultural cooperatives are economic organizations that arise due to market failures and that adopt relevant roles in the organization of producers in different countries around the world. Research on the corporate governance of these organizations is abundant due the peculiarities of their structure and property rights. In Brazil, studies in this area are infrequent and in need of furtherexplanation. The aims of the present study were to identify and characterize the incentive mechanisms (remuneration) used by agricultural cooperatives and, in addition, to determine if they have an effect on the president’s longevity in office in agricultural cooperatives. The study was conducted by considering the different models of corporate governance and analyzing a sample of cooperatives from the State of São Paulo. The methodology asked for access to the bylaws, Minutes of general assembly s (MoGA) and registration forms, available for download on the website of the CommercialCouncil of the State of Sao Paulo (JUCESP). The sample consisted of data from 49 agricultural cooperatives. The results indicate that larger cooperatives tend to develop governance structures that separate ownership and control. Moreover, these organizations have the best-paid presidents.In general, apparently there is a positive relationship between entrenchment and remuneration and company size. These exploratory results identify interesting elements for further researchon cooperative governance. However, the methodological challenges for determining causalitymust be overcome by research designed to demonstrate the effect of remuneration on entrenchmentof the president and its effect on the performance of the cooperative.

scholarly journals The Socio-Linguistic Paradox of Goa

2016 ◽  
Vol 5 (3) ◽  
pp. 15-38 ◽  
Author(s):  
Luís Filipe F. R. Thomaz
Keyword(s):  
Total Population ◽  
Mother Tongue ◽  
The State ◽  
Large Majority ◽  
Local Language

Abstract This article sets out to explore the socio-linguistic situation of Goa, a small territory corresponding to the former district of Goa of the Portuguese Estado da Índia, occupied and annexed by India in 1961. Goa had to choose between local language, Konkani, and the language of the neighbouring state of Maharashtra, i. e., Marathi, which was traditionally used as a cultural language by the Hindus of Goa, who nowadays form the large majority of the population. Even if virtually every Goan is able to speak Konkani, this was, according to recent statistics, the mother tongue of only 61 % of the population of the state, the rest being forms by people from other parts of India, who migrated here. This phenomenon explains the feeble proportion of Konkani speakers in the total population of the state, which favours the resort to English as a means of communication and explains why Konkani only keeps an elevated status in churches, where it is currently used for praying and preaching. Drawing upon historical facts, but also on socio-linguistic consideration, we will try to explain this paradox.

scholarly journals Socio-economic rights and women in South Africa: nothing but a handful of feathers?

2011 ◽  
Vol 7 (1) ◽  
Author(s):  
M K Ingle
Keyword(s):  
South Africa ◽  
Human Rights ◽  
Political Science ◽  
South African ◽  
Gender Studies ◽  
The State ◽  
Development Studies ◽  
Bill Of Rights ◽  
Economic Rights ◽  
South African Constitution

The Bill of Rights contained within South Africa’s Constitution features a number of ‘socio- economic rights’. Although these rights are justiciable they are subject to various limitations. They generally entail a positive onus on the part of the state to provide some good – not immediately, but ‘progressively’. Women have a direct interest in the realization of these rights and, where given effect to, they should exert a positive developmental impact. Some authorities are, however, of the opinion that socio-economic rights are not really enforceable. This article contends that the provision of social goods, by the state, should be the concomitant of the disciplined implementation of policy. Delivery should not therefore be contingent upon the legalistic vagaries of the human rights environment.Keywords: Socio-economic rights; justiciability; Bill of Rights; development; South African Constitution; womenDisciplines: Development Studies;Human Rights; Gender Studies; Political Science

Equitable Poetics and the State of Conflict in Edmund Spenser's Two Cantos of Mutabilitie

2014 ◽  
Vol 32 (4) ◽  
pp. 362-385 ◽  
Author(s):  
Drew J. Scheler
Keyword(s):  
The State ◽  
Civil Conflicts ◽  
General Law ◽  
Rudolph Agricola ◽  
Rhetorical Argumentation ◽  
Rational Process

This essay argues that Edmund Spenser's legal poem, the Two Cantos of Mutabilitie, considers how civil conflicts implicitly generate a basis for their own evaluation and resolution. To illustrate this idea, Spenser draws from a tradition of rhetorical argumentation stretching from Aristotle and Cicero to Rudolph Agricola and Philip Sidney. This tradition emphasizes how fictions establish the shared questions that can create a deliberative context for equitable judgment when general law and particular case come into conflict. Dramatizing this rational process through an allegorical legal trial, Spenser illuminates how divergent judgments and actions become ethically legible to one another as parts of the same deliberative whole.

WOMEN ENTREPRENUER, CHALLENGES IN BUSINESS DEVELOPMENT AND EMPLOYMENT IN KHAIRPUR MIRS- SINDH-PAKISTAN

2012 ◽  
Vol 02 (01) ◽  
pp. 58-63
Author(s):  
Nadeem Bhatti ◽  
Muhammad Aslam Memon ◽  
AISHA BASHIR SHAH ◽  
Faiz M. Shaikh
Keyword(s):  
State Government ◽  
Total Population ◽  
Negative Impact ◽  
Reliability And Validity ◽  
Business Development ◽  
The State ◽  
Entrepreneurship Development ◽  
State Economy ◽  
Problematic Issue ◽  
Private And Public

This research investigates the entrepreneurship development and employment in Khairpur Mirs. Data were collected from 2000 respondents from Khairpur Mirs and their vicinity. A structural questionnaire was developed for the reliability and validity of the data. It was revealed that Khairpur Mirs is facing unemployment problems like other states of Pakistan. The number of population increases every year but the state government cannot provide jobs to all the citizens. Unemployment gives different negative impact to the state economy in particular and the country economy in general. However, government had taken up various measures to reduce unemployment problems but it increases rather than minimising it. It was further revealed that only 3.13 percent out of total population who got employment in the state private and public sectors. This shows that the total number of employments in the state is very less. The result may be due to various factors but it is clearly concluded that the getting employment in Khairpur Mirs- Sindh-Pakistan is a problematic issue that hinder the growth of state economy.

Prospect of Promoting Sikkim as a Smart Tourism Destination

2022 ◽  
pp. 326-345
Author(s):  
Supriya Dam
Keyword(s):  
Economic Growth ◽  
Smart City ◽  
Financial Support ◽  
The State ◽  
Tourism Destination ◽  
Essential Ingredient ◽  
North Eastern ◽  
Two Cities ◽  
Tourism Destinations ◽  
Smart Tourism

Since 2006, Sikkim progressively switching to a full-fledged tourism-centred state having declared it a predominant industry as an engine for its economic growth. The state accounted for the highest influx of foreign tourists amongst the eight north eastern states of India during the last 20 years or so. The smart city mission was commissioned by government of India as a centrally sponsored scheme destined to provide financial support for the allotted cities to the extent of INR. 100 Crore per city per year spanning over five years. Studies suggest that induction of smart city concept will act as precursor for growth of smart tourism destinations (STDs) across the country. The STD as a concept revolves around “6A's,” an essential ingredient for promoting smart tourism in destinations. Incidentally, two cities in Sikkim have been enlisted amongst the top 100 cities in India for promoting smart city, instrumental in promoting STD in tourism-driven states. The chapter delves into the concept of smart city as an antecedent for promoting STD along with conditions with respect to Sikkim.

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