scholarly journals How the Rational Basis Test Protects Policing for Profit

Author(s):  
William Maurer

Since the police shooting of Michael Brown in 2014 and the civil unrest that followed, numerous lawsuits have challenged laws that use the government’s ability to impose fines and fees for reasons other than the protection of the public. These challenges have usually raised equal protection challenges to these laws—that is, that the laws punish the poor more harshly than others. The challenges have been unsuccessful, largely because courts examine these laws using “rational basis review,” a standard that is highly deferential to the government and one in which the courts themselves are often required to actively advocate for the government’s position. This article explains these challenges, outlines the critiques of rational basis review, and argues that courts should abandon the use of this standard in cases in which punitive sanctions fall more heavily on the poor than others.

2019 ◽  
Vol 35 (2) ◽  
pp. 255-281
Author(s):  
Sylvia Dümmer Scheel

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.


Worldview ◽  
1977 ◽  
Vol 20 (1-2) ◽  
pp. 38-41
Author(s):  
Kai Bird ◽  
Sue Goldmark

The American electorate has acquired an ingrained prejudice against foreign aid. The public suspects that foreign aid is something the government takes from the poor in a rich country and gives to the wealthy in a poor country. This suspicion— like many of America's populist wisdoms—is the tragic truth in one of the world's poorest nations, Bangladesh.Only a pittance of international food aid to Bangladesh feeds the starving or destitute. Even in this bumper crop year an estimated 368,000 babies and young children will die due to malnutrition or related diseases. Food aid generally does not reach the poor; 90 per cent of the 1.6 million tons of foreign food aid shipped to Bangladesh this year was used to subsidize a ration system for the middle class.


Author(s):  
Yue Chim Richard Wong

There is one very simple and costless way to alleviate poverty in one fell swoop. All one has to do is to transfer full private ownership rights of the public housing units to the occupying tenant free of charge. . … This would, according to the government study, lift 600,000 households in public rental housing above the poverty line. This would have been the best Christmas gift the Poverty Commission could bestow on the poor people in Hong Kong on the eve of the sixtieth anniversary of the Shek Kip Mei Fire.


2019 ◽  
Vol 1 (2) ◽  
pp. 158-165
Author(s):  
Roberto Tambunan ◽  
Suhatrizal Suhatrizal ◽  
Taufik Siregar

Smuggling is a problem that often occurs in Indonesia, so the smuggling problem must receive the full attention of the government to be immediately addressed. As a national legal product based on the Pancasila and the 1945 Constitution, the form of the Proactive and Anticipatory Customs Law is still very simple, on the other hand it must reach a broader aspect to anticipate the development of trade. The method of this research is Library Research and Field Research. The negative impact of smuggling used clothing is very detrimental to the domestic industry and detrimental to the country's income and economy, but on the other hand there are also positive impacts on the poor that benefit from being able to buy ex-foreign goods from smuggling at low prices and higher quality high. As one of the Government Agencies participating in the effort to eradicate the smuggling of used clothing and the public should not be easily tempted by the import price of used clothing which is cheaper than local clothing, because the level of health is not necessarily guaranteed.


Author(s):  
Intan Kumalasari ◽  
Darliana Sormin ◽  
Muhammad Irsan Barus

Post-1998 is the spread of spiritualism discourse. The emergence of celebrity ‘ulama’ in Islamic expression of contemporary Indonesian treasury is one example of how popular culture with a set of ideologies taking advantage of the rise of Islam. Television became an agent of a culture to the people with his ability as a link between one culture with another culture. Televisions have unpacked the real with the imaginary. With television all things can be esthetizatied, the sacred and the profane into somersaults. Television media such strength finally gave birth to a new religious authority, called celebrities ‘ulama’. Factors caused by the emergence of celebrity ‘’ulama’ are sociological, which characterized by many people who prefer to watch the celebrity ‘ulama’ than watching Conventional Ulama. Then supported by sophisticated Tecnology Science, the stage, and commodification. This shows that Islam has been negotiating with the market and subsequently published widely in the public sphere as a form of freedom of expression in the new order in which the strength of the potential of Islam to be appreciated by the government. This can be described as a form of commodification of religion in the sense of religious values ​​commercialized for profit.


2021 ◽  
Author(s):  
◽  
Walter Takaha Penetito

<p>The history of the relationship between Maori (the indigenous minority) and Pakeha (the dominant majority) is one that is encapsulated in processes of mediation. Pakeha resolve issues that favour kawanatanga solutions (article 1 of the Treaty) while Maori recommendations almost always line up with solutions that uphold questions to do with tino rangatiratanga (article 2 of the Treaty). Each takes into account forms of accommodation of the other but these compromise positions are usually the tasks for the public servants who are by definition, working for the government of the day, and therefore, on the side of kawanatanga. The point of articulation is critical in the nature of the relationship between Maori and Pakeha. The legal academic, Alex Frame (2002) describes this position as important for those New Zealanders "who have tried to walk in both worlds, thereby not only honouring and strengthening their own and each other's cultures, but also bringing to life a third and co-existing culture of interaction in Aotearoa". A study of a variety of mediating structures, explores the relationship between Maori and Pakeha and analyses the effects these have on both parties, especially as these pertain to developments in Maori education. An approach to settling the conundrum of prioritising one agenda without creating new grievances for redress is argued throughout the study. It is argued, further, that a major re-think is needed of what an education will mean in order to meet the requirements of a contemporary Polynesian/Western society that both honours the tenets of its foundation document as well as providing a rational basis for meeting commitments in the modern global society.</p>


1998 ◽  
Vol 37 (4II) ◽  
pp. 299-327
Author(s):  
Nadeem ul Haq

“Civil service reform,” which has become the nickname for public sector management reform in the parlance of development economics, has only recently and grudgingly been accepted by those who advise on policy in the poor countries. Even then, the approach is somewhat paternalistic in that it emphasises externally-designed rules and processes for management, organisation, audit and accountability. It recognises the role of people in terms of noting that incentives and employment policies matter but only in terms of right-sizing the government and second to the need to spread budgetary resources over the politically chosen level of employment. What it does not accept is that and the drive to manage the public sector better has to be led and implemented by the domestic talent and in that they must have both the incentive and the honour of doing just that. This paper argues that the main reason that the public sector management has suffered in many of the poor countries is that incentives have been allowed to erode rapidly as public sector employment was viewed politically as a means of providing welfare.


2020 ◽  
Vol 18 (1) ◽  
pp. 129-153
Author(s):  
Nurhasnah Hasyim ◽  
Fikri ◽  
Rusdaya Basri ◽  
Aris

This paper examines the maslahah analysis of  practice of determination of the highest price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency, consisting of three problems, namely; 1) what is the practice of determination of the highest price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency?; 2) how is the effectiveness of Perda No. 12 of 2014 concerning LPG 3 kg in Panca Lautang, Sidenreng Rappang Regency ?; 3) how is the implementation of maslahah values in the practice of setting the highest retail prices of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency?.This paper uses qualitative research methods. The focus of the study is the determination of the highest price of 3 kg LPG. Location of study in Panca Lautang, Sidenreng Rappang Regency.The results of this study indicate that1) The practice of the determination of the highest price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency, was found that Pangkalan still ignored regional regulations, due to several reasons such as transportation costs, capital, and the uncontrolled distribution chain; 2) Effectiveness of Perda No. 12 of 2014 concerning LPG 3 kg in Panca Lautang, Sidenreng Rappang Regency to implement retail prices is considered ineffective even though the Government intends to protect the public from arbitrary prices, and provide guarantees of justice; 3) The implementation of maslahah values in the practice of setting the highest retail price of 3 kg LPG in Panca Lautang, Sidenreng Rappang Regency is legal protection for consumers in setting the highest retail price, fighting for consumers or the poor to get their rights.


Subject Economic troubles. Significance Nicaragua’s economic activity has contracted sharply since the outbreak of civil unrest in 2018. Social tensions, political gridlock and business uncertainty have weighed heavily on investment and consumption, driving unemployment and capital outflows. A severe tightening of available financing due to sanctions and plummeting public revenues has forced the government to cut spending, exacerbating the downturn. Nicaragua so far appears to have avoided the worst of the global COVID-19 pandemic, with only a handful of confirmed cases to date. However, an alarming lack of preventative action increases contagion risks both nationally and regionally and will threaten economic activity in the medium term. Impacts Government inaction on COVID-19 will exacerbate the public-health impact, potentially resulting in a substantial death toll. Washington will not ease sanctions in light of COVID-19 and may instead redouble efforts to force governmental change. The exchange rate will continue to weaken, posing a threat to the dollarised economy.


2015 ◽  
Vol 2 (01) ◽  
Author(s):  
Raddana Raddana

Abstract: Empowerment is an attempt to make people, groups or communities become more empowered so that they can take care of their interests independently. As we know, that in the implementation of PNPM-MP should involve community participation as an essential element. However, the implementation in the field, PNPM-MP faced with the problem of minimal participation of the community. This will result in less optimal implementation of PNPM-MP in Sukarara, Jonggat, Central Lombok. The writer interested in conducting research with the title of PNPM-MP in Improving Welfare of the Poor with the formulation of the problem: (1) How is the implementation (2) What are the barriers and factors supporting the implementation and (3) what the government's efforts to overcome obstacles of PNPM-MP in improving the welfare of the poor in Sukarara, Jonggat, Central Lombok.This study uses descriptive qualitative research method, the writer did not use the sample population. The writer is using purposive informants as a source of primary data and documents as a source of secondary data. To support ongoing research, writer uses a variety of secondary data in order to support the completeness of the data required in this study.The results of the study: (1). PNPM-MP can be broadly improve the welfare of the poor due to open employment opportunities through development of infrastructure. (2). Barriers in general practice: Human resources is still low, procurement of materials/goods to be auctioned, disbursements are often not timely, lack of socialization and development and (3) Supporting the management of the program is already well organized from the central, provincial, regency, districts and villages (4) efforts by the government is directing the public to increase their knowledge and skills.Keywords: Implementation, PNPM-MP, Welfare of the Poor


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