The Legal Status of American Political Parties, I

1940 ◽  
Vol 34 (3) ◽  
pp. 439-455 ◽  
Author(s):  
Joseph R. Starr
Keyword(s):  
Political Parties ◽  
Legal Status ◽  
Practical Importance ◽  
The United States ◽  
The Public ◽  
Legal Position ◽  
The Subject ◽  
The Government ◽  
The Many ◽  
The One

The legal status of political parties in the United States is far from being clearly defined. On the one hand, we do not have a mass of legislation and court decisions clearly constituting the political party as a branch of the government, as in the leading fascist countries of Europe; and, on the other hand, we do not have a situation similar to that of Great Britain or France, where political parties are practically unregulated except for laws designed to control subversive groups. To gain a concept of the legal position of American political parties, a great deal of legislation which differs widely in many particulars among the forty-eight states must be surveyed, and certain categories of common and public law must be explored. Even when the many branches of the law that seem to impinge upon the subject have been brought into view, the legal position of our political parties still seems elusive and indefinite. Yet the subject is one of considerable practical importance, since the near future is likely to bring insistent demands for new and more drastic regulation of political parties. A consideration of the rights of American political parties, and the scope of the powers of the legislature to interfere with parties in the public interest, therefore seems appropriate at the present time.

Basic U. S. Sources For Current Research In International Law: An Elementary Vade-Mecum

1977 ◽  
Vol 5 (3) ◽  
pp. 347-358 ◽  
Author(s):  
Adolf Sprudzs
Keyword(s):  
United States ◽  
International Law ◽  
The United States ◽  
The Other ◽  
Intergovernmental Organizations ◽  
Department Of State ◽  
The Public ◽  
The Government ◽  
The Many ◽  
The U.S

Among the many old and new actors on the international stage of nations the United States is one of the most active and most important. The U.S. is a member of most existing intergovernmental organizations, participates in hundreds upon hundreds of international conferences and meetings every year and, in conducting her bilateral and multilateral relations with the other members of the community of nations, contributes very substantially to the development of contemporary international law. The Government of the United States has a policy of promptly informing the public about developments in its relations with other countries through a number of documentary publication, issued by the Department of State

Nationality: Jus Soli or Jus Sanguinis

1930 ◽  
Vol 24 (1) ◽  
pp. 58-64 ◽  
Author(s):  
James Brown Scott
Keyword(s):  
The United States ◽  
Public Law ◽  
Private International Law ◽  
The Public ◽  
Law Of Nations ◽  
Difference Of Opinion ◽  
The Status ◽  
Women And Children ◽  
The Subject ◽  
The Government

There is no topic of present interest, involving as it does the status of men, women and children of various countries, and even of birth in the same country, as that of nationality. It bristles with difficulties! To begin with, various terms are used, apparently meant to mean one and the same thing, although unless they are carefully defined, they may refer to different aspects of the subject. For example, “ national” is used as a synonym for “ subject” or “ citizen,” yet one may be a national of a country, and subject to its jurisdiction, without, however, being a citizen—as in the case of the Filipinos, who are, indeed, subject to the Government of the United States and entitled to its protection abroad, although they are not citizens either in the sense of international, or of national law. Then there is a difference of opinion as to the branch of law to which the matter belongs—the Englishspeaking peoples regarding it as forming part of the public law of nations, whereas others consider it as more properly falling within the domain of private international law, to which, in turn, the English world gives the not inappropriate designation of conflict of laws.

scholarly journals Preventing conflicts of i nterest: the policy of giving and accepting gifts in the civil service

2020 ◽  
pp. 279-285
Author(s):  
M. D. Nauryzbek
Keyword(s):  
Conflict Of Interest ◽  
Conflicts Of Interest ◽  
Civil Servants ◽  
Public Officials ◽  
The Public ◽  
The Gift ◽  
The Subject ◽  
The Government ◽  
The One ◽  
Personal Interests

The article raises the issue of conflict of interest and its prevention. The first threat of a conflict of interest in general is a violation of the balance between the personal interests of civil servants and the public interest. And the second risk is that a conflict of interest reduces the level of public trust and confidence in the loyalty and impartiality of public officials. This article analyzes and studies the real form of conflict of interest in Kazakhstan, namely two gift policy options. In particular, the zero gift policy and the limited gift ban policy are the subject of this research. On the one hand, the gift policy may completely prohibit accepting the gifts in order to prevent conflicts of interest. This zero gift policy implies that there is a ban for any gifts, regardless of the price. The establishment of a zero gift policy affects the level of confidence in the government, since citizens know that no factors affect the performance of a civil servant’s work. However, this will significantly restrict the freedom of action of civil servants. On the other hand, the gift policy can determine the rules for accepting the gifts both at workplace and after the work hours. If a gift is permissible, then there is a question of establishing an acceptable price. This means adopting a policy of limited prohibition on gifts and such a policy promotes the development of civil servants' consciousness. As a result, the author suggests a more favorable policy for Kazakhstan.

Marx on Immigration: Workers, Wages, and Legal Status

2017 ◽  
Vol 68 (9) ◽  
pp. 20 ◽  
Author(s):  
David L. Wilson
Keyword(s):  
United States ◽  
Working Class ◽  
Legal Status ◽  
The United States ◽  
Immigrant Workers ◽  
Monthly Review ◽  
The Subject ◽  
The One ◽  
The Way

Given the intense and often bitter debates over immigration now taking place in the United States and Europe…. [Marx's thoughts on the subject have] received surprisingly little attention from the modern left.… [Marx wrote about immigrant workers] nearly 150 years ago, and he was certainly not infallible, but a great deal of his analysis sounds remarkably contemporary.… [And among his insights, largely ignored by economists and activists alike, is] the one Marx considered "most important of all": the way immigration can be used to create "a working class divided into two hostile camps."Click here to purchase a PDF version of this article at the Monthly Review website.

scholarly journals Jurisdiction of Iranian Courts to Deal with Civil Lawsuits against Foreign States

2015 ◽  
Vol 47 ◽  
pp. 46-54
Author(s):  
Mahdi Haddadi
Keyword(s):  
The United States ◽  
The State ◽  
Political Incentives ◽  
State Immunity ◽  
Foreign State ◽  
Civil Lawsuits ◽  
The Subject ◽  
Iranian Government ◽  
The Government ◽  
The Many

The principle of immunity of state and their property from foreign state courts is a natural consequence of the adoption of the principle of equal sovereignty of states in the International law and the international community. The principle, except with the consent of a state and outside the exceptions generally accepted in international practice, prevents domestic courts to exercise jurisdiction over a foreign state or their property. However, some countries contrary to the exceptions have taken some steps to violate the principle of state immunity through legislative and judicial measures. In this regard, the Iranian government has been the subject of numerous lawsuits in Federal courts of the United States through which it has been sentenced in absentia to pay more than $ 12 billion. "Thelaw of Jurisdiction of the Justice of the Islamic Republic of Iran to Deal with Civil Lawsuits against Foreign States" is countermeasures to deal with the government violated the immunity of the Iranian government or its officials. Regardless of the many conceptual objections on this law, the act is in place to respond to a political rival with strong political incentives and without approaching to the foundations and the concepts of immunity of the state and adopting a clear stance against it. Thus, despite the adoption of this countermeasure, unfortunately, the Iranian government lacks a coherent formulated policy on the subject of the state immunity and in particular on how to deal with the governments violated its immunity.

scholarly journals PERLINDUNGAN HUKUM TERHADAP CALON ADVOKAT YANG SEDANG MAGANG PADA KANTOR HUKUM BERDASARKAN UNDANG-UNDANG NOMOR 18 TAHUN 2003 TENTANG ADVOKAT

2019 ◽  
Vol 6 (1) ◽  
pp. 1104-1124
Author(s):  
Martin Luter Ndaparoka
Keyword(s):  
Legal Status ◽  
Criminal Procedure ◽  
Criminal Case ◽  
Public Prosecutor ◽  
Judicial Process ◽  
The Public ◽  
Procedure Code ◽  
Legal Position ◽  
The Subject ◽  
Legal Consequences

The subject matter of the study of the effect of the law on the judge's decision to ignore the litis contestatio in the criminal acts of corruption, with the problem of how the legal position of the indictment in the judicial process against a criminal act of corruption and what the legal consequences if the judge's decision on a crime occurred ignore litis contestatio. Approach of concepts and case approach, the following conclusions are obtained: Legal Status The indictment in a criminal case of corruption which is one of the most fundamental principles in the criminal process is the necessity of making an indictment and the judge may only decide on the basis of the facts, less or more. The indictment is viewed as litis contestation. The indictment is the basis for the judge in examining and adjudicating a criminal case and the Judge's Decision on a case involving STA in a criminal act of corruption in Judge Consideration based solely on facts in the hearing does not comply with the provisions of article 182 paragraph (4) of the Criminal Procedure Code, If the provisions of the articles charged by the Public Prosecutor are not legally and convincingly proven, the Judge shall award the decision or the vrijspraak as determined in Article 191 paragraph (1) of the Criminal Procedure Code, and if not in accordance with Article 197 paragraph (2) of the Criminal Procedure Code then the verdict will be null and void.

John Dewey and Curriculum Studies

2021 ◽  
Author(s):  
Craig A. Cunningham
Keyword(s):  
John Dewey ◽  
Theoretical Work ◽  
The United States ◽  
Curriculum Studies ◽  
The Public ◽  
The Arts ◽  
The Subject ◽  
The Many ◽  
The University ◽  
General Guidance

John Dewey (1859–1952) has been (and remains) the most influential person in the United States—and possibly in the entire world—on the development of the field of curriculum studies. His theoretical works on education, spanning more than 50 years, have been widely read by theorists and practitioners, who have used Dewey’s ideas as a kind of North Star for American educational theory. Of particular importance for the study of curriculum, Dewey strove to overcome traditional dualistic conceptions of the relation of the child to the curriculum, seeing them as two points on the same line, to be connected through the child’s experiences. Dewey offered general guidance for determining whether particular experiences are likely to lead to growth. Contemporary curriculum scholars who look at the many rich resources that Dewey offers in his works that are not explicitly about education may be richly rewarded. Books and articles about the arts and aesthetics, politics and democracy, ethics, logic, metaphysics, and psychology have yet to be fully incorporated into curriculum studies. In addition to his theoretical work, Dewey was the founder (in 1896) and director of the Laboratory School at the University of Chicago, where he and his wife Alice Chipman Dewey conducted pedagogical experiments with elementary schoolchildren, demonstrating how a set of well-framed social activities could lead students to face and solve problems, thus gaining knowledge and skills from the subject-matter disciplines. Dewey also spent a lifetime demonstrating commitments to democracy and the public good. While Dewey offers many opportunities for criticism, overall, his expansive influence has resulted in better theory across educational fields including curriculum studies.

The New Amateur in Public Administration

1935 ◽  
Vol 29 (2) ◽  
pp. 257-269
Author(s):  
Paul T. Stafford
Keyword(s):  
Public Administration ◽  
The United States ◽  
Individual Liberty ◽  
Civil Service Reform ◽  
Dominant Position ◽  
The Public ◽  
History Of ◽  
The Many ◽  
The One ◽  
Merit System

The history of public administration in the United States is a record of compromise between conflicting principles. The oldest and most bitterly-contested of the many clashes between antagonistic points of view is that between the principle of the spoils system on the one hand and the merit principle on the other. Stripped of eulogistic verbiage, these principles present two diametrically opposed objectives—the former that administration shall be the happy hunting ground of the spoilsman, the latter that administration shall be a non-political service where “efficiency is king.” For a century at least, with the possible exception of the early days of the national administration, the advocates of the spoils system held a dominant position in the struggle, compromising only where a tradition of service protected a public office from partisan control. By 1870, however, the movement for civil service reform had gained strength and the following three or four decades witnessed a determined drive for the adoption of the merit system. The reaction to the spoils system principle, once begun, has continued ever since. Today, administration, by virtue of its sweeping powers over individual liberty and property, has come into closer contact with the citizen than ever before, and this fact is serving to accelerate the movement in favor of the merit principle in the public service.

Verán ustedes las chozas más humildes. El discurso de pobreza en la diplomacia pública cardenista dirigida a Estados Unidos

2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel
Keyword(s):  
United States ◽  
New Deal ◽  
Public Diplomacy ◽  
The United States ◽  
The Public ◽  
The Poor ◽  
The Face ◽  
The Government ◽  
Lazaro Cardenas ◽  
The New Deal

El artículo analiza la diplomacia pública del gobierno de Lázaro Cárdenas centrándose en su opción por publicitar la pobreza nacional en el extranjero, especialmente en Estados Unidos. Se plantea que se trató de una estrategia inédita, que accedió a poner en riesgo el “prestigio nacional” con el fin de justificar ante la opinión pública estadounidense la necesidad de implementar las reformas contenidas en el Plan Sexenal. Aprovechando la inusual empatía hacia los pobres en tiempos del New Deal, se construyó una imagen específica de pobreza que fuera higiénica y redimible. Ésta, sin embargo, no generó consenso entre los mexicanos. This article analyzes the public diplomacy of the government of Lázaro Cárdenas, focusing on the administration’s decision to publicize the nation’s poverty internationally, especially in the United States. This study suggests that this was an unprecedented strategy, putting “national prestige” at risk in order to explain the importance of implementing the reforms contained in the Six Year Plan, in the face of public opinion in the United States. Taking advantage of the increased empathy felt towards the poor during the New Deal, a specific image of hygienic and redeemable poverty was constructed. However, this strategy did not generate agreement among Mexicans.

27. Immigration and other evils: A profile of Dr. C. K. Clarke and the eugenics movement in Canada

2007 ◽  
Vol 30 (4) ◽  
pp. 41
Author(s):  
L. Lee
Keyword(s):  
Mentally Ill ◽  
The United States ◽  
Cornell University ◽  
The Public ◽  
Canadian Population ◽  
Historical Figures ◽  
The Social ◽  
Eugenics Movement ◽  
The Government ◽  
Mental Defectives

Dr. C.K. Clarke (1857-1924) was one of Canada’s most prominent psychiatrists. He sought to improve the conditions of asylums, helped to legitimize psychiatry and established formal training for nurses. At the beginning of the 20th Century, Canada experienced a surge of immigration. Yet – as many historians have shown – a widespread anti-foreigner sentiment within the public remained. Along with many other members of the fledgling eugenics movement, Clarke believed that the proportion of “mental defectives” was higher in the immigrant population than in the Canadian population and campaigned to restrict immigration. He appealed to the government to track immigrants and deport them once they showed signs of mental illness. Clarke’s efforts lead to amendments to the Immigration Act in 1919, which authorized deportation of people who were not Canadian-born, regardless of how many years that had been in Canada. This change applied not only to the mentally ill but also to those who could no longer work due to injury and to those who did not follow social norms. Clarke is a fascinating example of how we judge historical figures. He lived in a time where what we now think of as xenophobia was a socially acceptable, even worthy attitude. As a leader in eugenics, therefore, he was a progressive. Other biographers have recognized Clarke’s racist opinions, some of whom justify them as keeping with the social values of his era. In further exploring Clarke’s interest in these issues, this paper relies on his personal scrapbooks held in the CAMH archives. These documents contain personal papers, poems and stories that proclaim his anti-Semitic and anti-foreigner views. Whether we allow his involvement in the eugenics movement to overshadow his accomplishments or ignore his racist leanings to celebrate his memory is the subject of ongoing debate. Dowbiggin IR. Keeping America Sane: Psychiatry and Eugenics in the United States and Canada 1880-1940. Ithaca and London: Cornell University Press, 1997. McLaren A. Our Own Master Race: Eugenics in Canada 1885-1945. Toronto: McClelland and Stewart, 1990. Roberts B. Whence They Came: Deportation from Canada 1900-1935. Ottawa: University of Ottawa Press, 1988.

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