Looking for Rights in All the Wrong Places

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
United States ◽  
The United States ◽  
Labor Rights ◽  
Constitutional Rights ◽  
Political Movements ◽  
Constitutional Politics ◽  
State Constitutions ◽  
Positive Rights ◽  
1960S And 1970S ◽  
The 1960S

This book examines the nature and political origins of America's positive constitutional rights. It is widely assumed that constitutional rights in the United States protect people from government alone, not to mandate that government to protect them from other sorts of dangers. In other words, America is often believed to be exceptional in its lack of positive rights and its exclusive devotion to negative ones. The book challenges this conventional wisdom about the nature of America's constitutional rights by focusing on three political movements: the campaign for education rights, the movement for positive labor rights, and the push for constitutional rights to environmental protection during the 1960s and 1970s. Together, these cases demonstrate that rights movements in the United States have used state constitutions for reasons that have been largely overlooked by theories of constitutional politics.

Environmental Protection

2013 ◽  
Author(s):  
Emily Zackin
Keyword(s):  
Environmental Protection ◽  
National Level ◽  
Constitutional Rights ◽  
State Constitutions ◽  
Positive Rights ◽  
The Subject ◽  
Constitutional Conventions ◽  
1960S And 1970S ◽  
The 1960S ◽  
Executive Agency

This chapter examines the campaigns for constitutional rights to environmental protection. In the 1960s and 1970s, when Congress was passing landmark environmental regulations and an entire executive agency had been developed to address the subject, environmental activists continued to lobby for the insertion of positive rights to environmental protection into their state constitutions. As a result, state constitutions came to include broad rights to environmental health and protection. The chapter first provides an overview of environmental activism during the 1960s and 1970s before explaining why environmental activists targeted state constitutions despite so much environmental action at the national level. It argues that environmentalists did not choose to pursue constitutional rights to environmental protection only at the federal level. Instead, states' constitutional conventions, environmental organizations, and even legislatures continued to alter state constitutions by adding mandates for protective and interventionist government.

Electronic Monitoring Around the World

2021 ◽  
Author(s):  
Mike Nellis
Keyword(s):  
United States ◽  
Electronic Monitoring ◽  
The United States ◽  
Policy Transfer ◽  
Community Supervision ◽  
Equal Importance ◽  
The World ◽  
Offender Supervision ◽  
1960S And 1970S ◽  
The 1960S

Since its operational beginnings in the United States in 1982—where its prototypes were first experimented with in the 1960s and 1970s—the electronic monitoring (EM) of offenders has spread to approximately 40 countries around the world, ostensibly—but not often effectively—to reduce the use of imprisonment by making bail, community supervision, and release from prison more controlling than they have hitherto been. No single authority monitors the development of EM around the world, and it is difficult to gain fully comprehensive accounts of what is happening outside the Western and Anglophone users of it. Some countries are secretive. Standpoints in writing on EM are varied and partisan. Although it still tends to be the pacesetter of technical innovation, the United States remains a relatively lower user of EM, in part because the exceptional punitiveness of its penal culture has inhibited its expansion, even when it has itself been developed in various punitive ways. Interprofessional and intergovernmental processes of “policy transfer” have contributed to EMs spreading around the world, but the commercial bodies that manufacture and market EM equipment have been of at least equal importance. In Europe, the Confederation of European Probation (CEP), a transnational probation advocacy organization, took an early interest in EM, and its regular conferences became a touchstone of international debate. As it developed globally, the United Nations reluctantly accepted that it may be of some value even in developing countries and set out standards for its use. Continuing innovations in EM technology will create new possibilities for offender supervision, both more and less punitive, but it is always culture, commerce, and politics in particular jurisdictions which shape the scale, pace, and form of its development.

Rodney Marsh

2016 ◽  
pp. 222-249
Author(s):  
Dominic Standish
Keyword(s):  
United States ◽  
Home Country ◽  
The United States ◽  
1960S And 1970S ◽  
The 1960S ◽  
Rules Of The Game

Rodney Marsh is a British footballer who found his sporting success in his home country and the United States in the 1960s and 1970s. This chapter frames Marsh as a maverick, as a result of his drinking, womanizing, gambling, but also his blatant disregard for the rules of the game and society. Largely based on Marsh’s own words, from interviews and his autobiography, the chapter examines the ways Marsh was understood as a maverick in the sport of football.

Conclusion

2017 ◽  
Author(s):  
Pamela E. Pennock
Keyword(s):  
United States ◽  
The United States ◽  
American Identity ◽  
First Century ◽  
Arab Americans ◽  
Arab American ◽  
Muslim Americans ◽  
Politics And Culture ◽  
1960S And 1970S ◽  
The 1960S

As we approach the third decade of the twenty-first century, the United States continues to wrestle with defining its role in Middle East conflicts and fully accepting and fairly treating Arab and Muslim Americans. In this contentious and often ill-informed climate, it is crucial to appreciate the struggles, priorities, and accomplishments of Arab Americans over the past several decades, both what has set them apart and what has integrated them into the politics and culture of the United States. Arab American organizing in the environment of minority rights movements in the 1960s and 1970s fostered a heightened consciousness of and pride in Arab American identity....

Fly Until You Die

2019 ◽  
Author(s):  
Chia Youyee Vang
Keyword(s):  
United States ◽  
Vietnam War ◽  
Ethnic Minorities ◽  
Forced Migration ◽  
The United States ◽  
Complex Nature ◽  
Social Fabric ◽  
1960S And 1970S ◽  
The 1960S ◽  
The Many

The Vietnam War is the subject of hundreds of scholarly studies, policy reports, memoirs, and literary titles. As America’s longest and most controversial war, it coincided with domestic turmoil in the United States and in Southeast Asia, led to the displacement of large numbers of people, and strained the social fabric of Cambodian, Lao, and Vietnamese societies. The complex nature of the war means that despite the many books that have been written about it, much remains to unfold, in particular the experiences of ethnic minorities in Laos who became entangled in Cold War politics during the 1960s and 1970s. This book fills the gap by exploring the dramatic forces of history that drew several dozen young Hmong men to become fighter pilots in the United States’ Secret War in Laos, which was in direct support of the larger war in Vietnam. They transformed from ethnic minorities who mostly lived on the margins of Lao society to daring airmen working alongside American pilots. After four decades in exile, surviving pilots, families of those killed in action, and American veterans who worked with them collectively narrated their version of the historical events that resulted in the forced migration of nearly 150,000 Hmong to the United States. By privileging Hmong knowledge, this book begs us to reconsider the war from overlooked perspectives and to engage in the ongoing construction of meanings of war and postwar memories in shaping ethnic and national identities.

Part II Rights Guarantees under State Constitutions: the New Judicial Federalism, 6 Methodology in State Constitutional Rights Interpretation

2009 ◽  
Author(s):  
Williams Robert F
Keyword(s):  
United States ◽  
Due Process ◽  
The United States ◽  
State Court ◽  
Economic Regulation ◽  
Constitutional Rights ◽  
United States Supreme ◽  
State Constitutions ◽  
Federal Constitutional ◽  
14Th Amendment

This chapter discusses methodology problems arising in cases where similar federal and state constitutional rights claims are raised. Most federal constitutional rights have been incorporated into the federal Constitution's 14th Amendment so as to be applicable to the states. United States Supreme Court interpretations of federal constitutional rights are not binding on state court interpretation of identical or similar state constitutional rights, but state court divergence under these circumstances can raise questions about its legitimacy. A number of questions arise in this context, including for example the proper sequence of arguments, which constitution's rights guarantees should be argued first by counsel, and analyzed first by the state court. The most substantial methodology issue is whether state courts should develop criteria to guide them in deciding whether to interpret identical or similar state constitutional rights to be more protective than the federal analog. The criteria approach is analyzed in some depth, utilizing examples of the use of this methodology in a number of states. The chapter criticizes the use of the criteria approach based on a number of factors that make state court enforcement of state constitutional rights different from the United States Supreme Court's enforcement of the federal bill of rights. The United States Supreme Court's interpretation of federal constitutional rights guarantees is therefore not presumptively correct for the interpretation of state constitutions. The chapter also discusses briefly several other methodological problems, including the direct right of action for money damages under state constitutions, state action, and substantive due process and economic regulation.

Us Extraterritorial Jurisdiction: The Helms-burton and D'Amato Acts

1997 ◽  
Vol 46 (2) ◽  
pp. 378-390 ◽  
Author(s):  
Vaughan Lowe
Keyword(s):  
United States ◽  
The United States ◽  
Large Measure ◽  
The United Kingdom ◽  
History Of ◽  
Competition Laws ◽  
1960S And 1970S ◽  
The 1960S ◽  
Extraterritorial Jurisdiction ◽  
National Governments

The history of clashes over extraterritorial jurisdiction between the United States of America and other States in the Americas, Europe and elsewhere is a long one. That history is commonly traced back to the antitrust claims arising from the Alcoa case in 1945, in which the “effects” doctrine was advanced in the peculiar and objectionable form in which it is applied, not simply to acts which constitute elements of a single offence but which occur in different jurisdictions but, rather, to the economic repercussions of acts in one State which are felt in another. The conflict persisted into the 1950s, with the clashes over US regulation of the international shipping and paper industries. In the 1960s and 1970s there were further clashes in relation to the extraterritorial application of US competition laws, notably in disputes over shipping regulation and the notorious Uranium Antitrust litigation, in which US laws were applied to penalise the extraterritorial conduct of non-US companies, conducted with the approval of their national governments, at a time when those companies were barred by US law from trading in the United States. It was that litigation which was in large measure responsible for the adoption in the United Kingdom of the Protection of Trading Interests Act 1980, which significantly extended the powers which the British government had asserted in the 1952 Shipping Contracts and Commercial Documents Act to defend British interests against US extraterritorial claims.

Stopping the Bomb

2018 ◽  
Author(s):  
Nicholas L. Miller
Keyword(s):  
United States ◽  
Statistical Analysis ◽  
Nuclear Weapons ◽  
Historical Development ◽  
International Security ◽  
The United States ◽  
Selective Approach ◽  
Credible Threat ◽  
1960S And 1970S ◽  
The 1960S

This book examines the historical development and effectiveness of US efforts to prevent the spread of nuclear weapons. Drawing on hundreds of declassified documents, the first part of the book shows how the anticipation of nuclear domino effects in the 1960s and 1970s led the United States to strengthen its nonproliferation policy, moving from a selective approach—which was relatively permissive toward allies acquiring nuclear weapons—and toward a more universal policy that opposed proliferation across the board. Most notably, Washington spearheaded the establishment of the Nuclear Non-Proliferation Treaty in 1968 and adopted sanctions legislation in the late 1970s that credibly threatened to cut off support to countries seeking nuclear weapons. The second part of the book analyzes how effective these policies have been in limiting the spread of nuclear weapons. Statistical analysis suggests that a credible threat of sanctions has deterred countries dependent on the United States from even starting nuclear weapons programs over the last several decades. Meanwhile, in-depth case studies of French, Taiwanese, Pakistani, and Iranian nuclear activities illustrate the conditions under which sanctions succeed against ongoing nuclear weapons programs. The findings hold important implications for international security and nonproliferation policy.

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