scholarly journals Symbolism and the Thirteenth Amendment: The Injury of Exposure to Governmentally Endorsed Symbols of Racial Superiority

2020 ◽  
pp. 77
Author(s):  
Edward Kyle
Keyword(s):  
Mere Exposure ◽  
Public Concern ◽  
Unique Form ◽  
The Government ◽  
The Right ◽  
Made In ◽  
Racial Supremacy

One of the debates often encountered by native southerners centers around our historical symbols. There are heated opinions on both sides of the issue as to what these symbols mean and whether they should be allowed to be displayed. The latter question has begun making its way into the courts, with many southern symbols and memorials being accused of promoting the philosophy of racial supremacy. Despite the growing public concern, modern courts refuse to rule on the question. They claim they are forestalled by Article III’s standing requirement that plaintiffs must have suffered a concrete injury in fact. They state that merely asserting offense at a message does not meet this requirement, even if the message is offered by the Government. In this article, I show that holding to be incorrect. The Constitution provides certain absolute rights that the government may not infringe upon. One of those rights is the right to be free from slavery, which the courts have expanded to include all of its badges and incidents. Though courts have gone back and forth on what constitutes a badge of slavery, a historical look at the Thirteenth Amendment shows that amongst the things the drafters intended the definition to include was the philosophical message of racial supremacy if it is communicated by the government. In my article, I demonstrate that the scope of the Thirteenth Amendment includes a ban on the governmental endorsement of racial supremacy, including endorsements made in the form of symbols. I show that mere exposure to such a message is the unique form of injury that a violation of that right creates and, as such, is a concrete harm on which Article III standing can be based. Finally, I provide a workable test for determining whether a particular exposure to a symbol of racial superiority possesses all the elements necessary to constitute an injury in fact for the purposes of standing.

Mediation as a Final Settlement in Bankruptcy Disputes

2020 ◽  
Vol 8 (4) ◽  
pp. 1456-1462
Keyword(s):  
Civil Rights ◽  
Civil Code ◽  
Research Approach ◽  
Peace Agreement ◽  
Legal Principles ◽  
Legal Rules ◽  
The Government ◽  
The Right ◽  
Final Settlement ◽  
Made In

This study seeks to examine the concept of final mediation in the settlement of bankruptcy disputes as a form of alternative dispute resolution which has been opted by the disputing parties outside of court. The study used a normative legal research approach by investigating legal rules, legal principles, and legal doctrines to answer the legal problems faced. The results of the study show that the mediation is only a voluntary option as the Supreme Court’s Decree on Bankruptcy does not require any mediation in the settlement. It will be argued that the process of mediation is cheaper, faster, and simpler than the settlement process through the court. The implementation of mediation as a final settlement in bankruptcy disputes is a form of a person's civil rights that must be respected and upheld high as a form of agreement and contract made in accordance with Article 1320 in conjunction with Article 1338 of the Civil Code. The principle is an embodiment of the philosophy of natural law stipulating that rationally human being is given the right to freedom to perform acts. The final mediation for the settlement of bankruptcy disputes should be based on a peace agreement made by both creditors and debtors in good faith with reference to articles 1851, 1858 of the Civil Code and article 1338 in conjunction with article 1320 of the Civil Code. Thus, the study suggests that it is necessary to establish a national private mediation institution by the government or by the competent authorities.

scholarly journals Science communicators intimidated: researchers' freedom of expression and the rise of authoritarian populism

2021 ◽  
Vol 20 (04) ◽  
pp. A08
Author(s):  
Esa Valiverronen ◽  
Sampsa Saikkonen
Keyword(s):  
Freedom Of Expression ◽  
Right Wing ◽  
Authoritarian Populism ◽  
The Government ◽  
The Right ◽  
Popular Party ◽  
First Time ◽  
Opinion Polls ◽  
Made In

In this article, we explore scientists' freedom of expression in the context of authoritarian populism. Our particular case for this analysis is Finland, where the right-wing populist Finns Party entered the government for the first time in 2015. More recently, after leaving the government in 2017, the party has been the most popular party in opinion polls in 2021. We illustrate the current threats to Finnish researchers' freedom of expression using their responses on three surveys, made in 2015, 2017 and 2019. We focus on politically motivated disparagement of scientists and experts, and the scientists' experiences with online hate and aggressive feedback. Further, we relate these findings to the recent studies on authoritarian populism and science-related populism. We argue that this development may affect researchers' readiness to communicate their research and expertise in public.

Rejoinder

2009 ◽  
Vol 42 (2) ◽  
pp. 275-278
Author(s):  
Richard A. Posner
Keyword(s):  
Distributive Justice ◽  
Civil Liberties ◽  
Habeas Corpus ◽  
The Creation ◽  
The Government ◽  
The Right ◽  
Made In

My reply is brief; I do not try to recapitulate the arguments in my book, and the précis that accompanies the comments. There are many good points made in the comments, which I do not repeat either; my focus is on the areas of disagreement emphasized in the comments.Segev. I am puzzled by the reference on the first page of his comment to distributive justice. I understand the term to refer to the principles for allocating wealth or other goods across persons, and I do not think those principles are engaged by efforts to balance concerns of security against concerns of civil liberties.When I said that “what counts as justification is no part of habeas corpus,” I did not mean that the detention of a person cannot be challenged by asking for habeas corpus, or that the detention need not be justified. I meant merely that the creation of a right of habeas corpus does not indicate how great a showing of necessity to detain a person the government must demonstrate. Justification is a separate issue from the existence of a right of habeas corpus. Obviously if little or no justification is required, the right becomes nugatory.

Analytics for Decision Making at Ports

2015 ◽  
Vol 3 (2) ◽  
Author(s):  
Mrinal Kumar Dasgupta
Keyword(s):  
Analytical Framework ◽  
Decision Makers ◽  
State Governments ◽  
Dynamics Model ◽  
Global Standards ◽  
Causal Approach ◽  
The Government ◽  
The Right ◽  
The Relationship ◽  
Made In

Ports serve as an important link in global supply chain. Worldwide more than 75 percent of cargo move by sea. Over the years, the Indian Union has endeavoured to invest on major ports of the country to meet up to the global standards. Yet the share of major ports under the government of India has decrease from 90 to 70 percentage of total sea borne cargo in the country. The major ports lost its share to the minor ports under the state governments. Two reasons could be hypothesized for the said problem. One, the investments are not made in the right direction and other that the efficiency needs to be improved in functioning of the ports. In this paper an attempt has been made to identify the dimensions of port performance and the causality between the dimensions. It chooses to take average turn round time (ATRT) as an indicator of port performance. The paper proposes an analytical framework to identify the causality that would aid the decision makers. The causal approach has been based on identifying the dimensions (factors) using multi-variate data analysis, establishing the linear causal association between the ATRT and the factors, analyzing the relationship so obtained to propose an System Dynamics model for policy simulation by the decision makers.

Updating labor legislation in 2020

2020 ◽  
pp. 57-69
Author(s):  
Viktor Arkadyevich Lebedev ◽  
Elena Ivanovna Lebedeva
Keyword(s):  
Russian Federation ◽  
Legal Regulation ◽  
Labour Relations ◽  
Labor Legislation ◽  
The Russian Federation ◽  
The Government ◽  
Managerial Positions ◽  
The Right ◽  
Compensation Payments ◽  
Made In

The article deals with the issues of further improvement of labor legislation, including a comparative analysis of the amendments made in 2020 to the Labor code of the Russian Federation concerning the establishment of the age limit for filling managerial positions of budgetary universities, scientific and medical organizations. The analysis of the initiatives of the Government of the Russian Federation in the procedure for delegating him the right to make decisions, establishing features of legal regulation of labor relations, taking into account opinion of the Russian trilateral Commission for regulating social-labour relations, including those relating to compensation payments to employees of organizations of the far North and equated localities.

A right to mislead Parliament?

Legal Studies ◽  
1996 ◽  
Vol 16 (1) ◽  
pp. 63-83
Author(s):  
Adam Tomkins
Keyword(s):  
Relevant Information ◽  
Accurate Information ◽  
House Of Commons ◽  
Central Aspect ◽  
The Government ◽  
The Right ◽  
Made In

The assertion was recently made in the House of Commons that ministers have the right, in certain circumstances, to mislead Parliament, either by telling an outright lie, or by keeping quiet. This astonishing statement concerns a central aspect of the British constitution: namely the essential ability of Parliament to acquire accurate information about government, even (or perhaps especially) when the government does not want to give it. Despite popular cynicism as to the ability of politicians ever to tell the truth, not lying to Parliament has long been regarded as being of the utmost importance. The very survival of politicians in office has often been made dependent on whether it can be shown that they have misled Parliament: ‘John Profumo lost office not because of his sexual misbehaviour but because he lied to Parliament. When Mrs Thatcher narrowly survived the Westland affair the debate was on whether Parliament had been deceived’. The ability to ensure the effective acquisition of relevant information is essential to Parliament's key tasks of engaging in meaningful and effective debate, and of scrutinising the work of the executive:

scholarly journals Školstvo i hrvatski jezik u BIH s posebnim osvrtom na udžbenike hrvatskog jezika i književnosti

2008 ◽  
Vol 3 (1.) ◽  
Author(s):  
Šimun Musa ◽  
Marija Musa
Keyword(s):  
Educational System ◽  
Legal Regulation ◽  
Educational Process ◽  
Negative Consequences ◽  
Active Correlation ◽  
European Standards ◽  
The Government ◽  
State Organization ◽  
The Right ◽  
Made In

The post-Dayton Bosnia and Herzegovina, state community in which the war stopped at the end of 1995, has many unsolved questions, many problems in all the segments of life, just like in the area of education. With regard to complex traditional, religious and national structure and everything which was a consequence of life in such society, it is hard, but inevitable, to arrange, plan and conduct affairs from different areas of the society and state immediately after the conflict. However, when peace was restored by the intercession of the international community, all aspects of life were being consolidated gradually, at one level, and among them educational system at all the levels. With regard to changed social circumstances, new state organization and forming of government, with all constitutional principles and legal regulation, it was hard to establish normal flows in society. In the same way it was complicated to organize education as the society activity especially because of different national, political, traditional and language interests of nations in BiH. However, despite all difficulties and interruptions certain solutions were made in education in order that every constitutive nation in BiH has its own system, which is, in contact with others, completed in the arranged reciprocity and active correlation, making a common complex educational system in BiH. On that basis, regardless of all the attempts of unitarianism from bigger nations, and regardless of weaker position of the Croatian nation in the government bodies, from which many negative consequences emerged, it gains the right to official usage of its own language in education and all other segments. In that way the Croats will, in their own language, make the textbooks and other literature as the basis of educational process, which will, through democratic procedures, with regard to both home and foreign circumstances and harmonization by the European standards, completely come closer to the European education system.

Nazistowski mord na Żydach w prasie polskich komunistów (1942–1944).

2006 ◽  
pp. 54-75
Author(s):  
Klaus Peter Friedrich
Keyword(s):  
Shared Responsibility ◽  
The Political ◽  
Right Wing ◽  
Social Democrats ◽  
The Social ◽  
The Government ◽  
Post War ◽  
Polish Government ◽  
The Right ◽  
Political Right

Facing the decisive struggle between Nazism and Soviet communism for dominance in Europe, in 1942/43 Polish communists sojourning in the USSR espoused anti-German concepts of the political right. Their aim was an ethnic Polish ‘national communism’. Meanwhile, the Polish Workers’ Party in the occupied country advocated a maximum intensification of civilian resistance and partisan struggle. In this context, commentaries on the Nazi judeocide were an important element in their endeavors to influence the prevailing mood in the country: The underground communist press often pointed to the fate of the murdered Jews as a warning in order to make it clear to the Polish population where a deficient lack of resistance could lead. However, an agreed, unconditional Polish and Jewish armed resistance did not come about. At the same time, the communist press constantly expanded its demagogic confrontation with Polish “reactionaries” and accused them of shared responsibility for the Nazi murder of the Jews, while the Polish government (in London) was attacked for its failure. This antagonism was intensified in the fierce dispute between the Polish and Soviet governments after the rift which followed revelations about the Katyn massacre. Now the communist propaganda image of the enemy came to the fore in respect to the government and its representatives in occupied Poland. It viewed the government-in-exile as being allied with the “reactionaries,” indifferent to the murder of the Jews, and thus acting ultimately on behalf of Nazi German policy. The communists denounced the real and supposed antisemitism of their adversaries more and more bluntly. In view of their political isolation, they coupled them together, in an undifferentiated manner, extending from the right-wing radical ONR to the social democrats and the other parties represented in the underground parliament loyal to the London based Polish government. Thereby communist propaganda tried to discredit their opponents and to justify the need for a new start in a post-war Poland whose fate should be shaped by the revolutionary left. They were thus paving the way for the ultimate communist takeover

THE IDEA OF «COMMUNITY» IN THE GOVERNMENT CONCEPTS OF GALICIA OF THE XIX – BEGINNING OF THE XX CENTURY

2019 ◽  
pp. 15-21
Author(s):  
Liubomyr Ilyn
Keyword(s):  
Nineteenth Century ◽  
19Th Century ◽  
Practical Significance ◽  
Distinctive Features ◽  
Legal Studies ◽  
Legal Principle ◽  
General Scientific ◽  
The Government ◽  
The Right ◽  
The 19Th Century

Purpose. The purpose of the article is to analyze and systematize the views of social and political thinkers of Galicia in the 19th - beginning of the 20th centuries. on the right and manner of organizing a nation-state as a cathedral. Method. The methodology includes a set of general scientific, special legal, special historical and philosophical methods of scientific knowledge, as well as the principles of objectivity, historicism, systematic and comprehensive. The problem-chronological approach made it possible to identify the main stages of the evolution of the content of the idea of catholicity in Galicia's legal thought of the 19th century. Results. It is established that the idea of catholicity, which was borrowed from church terminology, during the nineteenth century. acquired clear legal and philosophical features that turned it into an effective principle of achieving state unity and integrity. For the Ukrainian statesmen of the 19th century. the idea of catholicity became fundamental in view of the separation of Ukrainians between the Russian and Austro-Hungarian empires. The idea of unity of Ukrainians of Galicia and the Dnieper region, formulated for the first time by the members of the Russian Trinity, underwent a long evolution and received theoretical reflection in the work of Bachynsky's «Ukraine irredenta». It is established that catholicity should be understood as a legal principle, according to which decisions are made in dialogue, by consensus, and thus able to satisfy the absolute majority of citizens of the state. For Galician Ukrainians, the principle of unity in the nineteenth century. implemented through the prism of «state» and «international» approaches. Scientific novelty. The main stages of formation and development of the idea of catholicity in the views of social and political figures of Halychyna of the XIX – beginning of the XX centuries are highlighted in the work. and highlighting the distinctive features of «national statehood» that they promoted and understood as possible in the process of unification of Ukrainian lands into one state. Practical significance. The results of the study can be used in further historical and legal studies, preparation of special courses.

Tanggung Jawab Hukum Penilai Publik terhadap Laporan Penilaian Kegiatan Pengadaan Tanah bagi Pembangunan untuk Kepentingan Umum (Studi Atas Kantor Jasa Penilai Publik Toto Suharto)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Gagah Yaumiyya Riyoprakoso ◽  
AM Hasan Ali ◽  
Fitriyani Zein
Keyword(s):  
Future Development ◽  
Public Interest ◽  
Legal Responsibility ◽  
Legal Research ◽  
The Public ◽  
The Government ◽  
Conducting Research ◽  
The Right ◽  
The Relationship ◽  
Systematic Explanation

This study is based on the legal responsibility of the assessment of public appraisal reports they make in land procurement activities for development in the public interest. Public assessment is obliged to always be accountable for their assessment. The type of research found in this thesis is a type of normative legal research with the right-hand of the statue approach and case approach. Normative legal research is a study that provides systematic explanation of rules governing a certain legal category, analyzing the relationship between regulations explaining areas of difficulty and possibly predicting future development. . After conducting research, researchers found that one of the causes that made the dispute was a lack of communication conducted between the Government and the landlord. In deliberation which should be the place where the parties find the meeting point between the parties on the magnitude of the damages that will be given, in the field is often used only for the delivery of the assessment of the compensation that has been done.

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