scholarly journals How the Government Can ‘Come and Take It’

2016 ◽  
Vol 3 (2) ◽  
pp. 121-146
Author(s):  
Sean M. Grove
Keyword(s):  
State Legislation ◽  
State Laws ◽  
Property Owners ◽  
The Status ◽  
History Of ◽  
The Government ◽  
Asset Forfeiture

As a model of review, this Comment will use Texas’s laws—juxtaposed against state laws that are providing more protections—to compare what Texas is doing wrong in light of what other states are doing right. First, this Comment will give a brief history of asset forfeiture in general and provide the status of civil asset forfeiture in the twentyfirst century. Part II will discuss the benefits of some asset forfeiture programs while highlighting the shortcomings and burdens that civil asset forfeiture brings. Part III will show state legislation aimed at curtailing civil asset forfeiture and the factors that make Texas’s laws (arguably) among the worst in the country. Finally, Part IV will discuss what Texas and similar states should do to improve the protections afforded to property owners and also improve the use of forfeiture overall.

1848 and Parliamentary Reform

1988 ◽  
Vol 31 (4) ◽  
pp. 831-851 ◽  
Author(s):  
Roland Quinault
Keyword(s):  
Solid Support ◽  
Status Quo ◽  
Middle Classes ◽  
State Security ◽  
Property Owners ◽  
Parliamentary Reform ◽  
The Status ◽  
History Of ◽  
The Government ◽  
History Books

1848 has gone down in history – or rather in history books – as the year when England was different. In that year a wave of revolution on the Continent overthrew constitutions, premiers and even a dynasty but in England, by contrast, the middle classes rallied round the government and helped it preserve the status quo. This interpretation of 1848 has long been the established orthodoxy amongst historians. Asa Briggs took this view thirty years ago and it has lately been endorsed by F. B. Smith and Henry Weisser. Most recently, John Saville, in his book on 1848, has concluded that events in England ‘demonstrated beyond question and doubt, the complete and solid support of the middling strata to the defence of existing institutions’. He claims that ‘the outstanding feature of 1848 was the mass response to the call for special constables to assist the professional forces of state security’ which reflected a closing of ranks among all property owners. Although some historians, notably David Goodway, have recently stressed the vitality of Chartism in 1848 they have not challenged the traditional view that the movement failed to win concessions from the establishment and soon declined. Thus 1848 in England is generally regarded as a terminal date: the last chapter in the history of Chartism as a major movement. Thereafter Britain experienced a period of conservatism – described by one historian as ‘the mid-Victorian calm’–which lasted until the death of Palmerston in 1865.

scholarly journals Slavistics at St. Petersburg and Greifswald Universities (results of cooperation)

2020 ◽  
Vol 17 (4) ◽  
pp. 691-708
Author(s):  
Harry Walter ◽  
◽  
Valerij M. Mokienko ◽  
Keyword(s):  
Gottfried Wilhelm Leibniz ◽  
State University ◽  
Peter The Great ◽  
The Status ◽  
History Of ◽  
The Government ◽  
The University ◽  
Academy Of Sciences ◽  
Slavic Studies

The article offers a review on the history of Slavic studies at St. Petersburg and Greifswald universities from the era of Peter the Great to present day. The role of Professor Lyudmila Verbitskaya is highlighted who always actively supported the activities of the Department of Slavic Philology (for example, she approved the initiative to create a department of Ukrainian studies in the early 2000s). Thanks Verbitskaya, St. Petersburg University was historically recognized as the first university in Russia founded by Peter the Great in 1724, which was proven by archival materials stored in Greifswald. Peter the Great, in the assembly hall of the University of Greifswald in September 1712, at a meeting of the Academic Council received a proposal from the President of the German Academy of Sciences Gottfried Wilhelm Leibniz on the establishment of a university in St. Petersburg with a European status. The status of the first university was officially recognized by a decree of the Government of the Russian Fed- eration in 1999 when the 275th anniversary of the founding of St. Petersburg State University was celebrated. As the Rector of St. Petersburg University, Verbitskaya in 2006 concluded an inter-university agreement with the Rector of the University of Greifswald Professor Jürgen Kohler. Slavic scholars and professors from St. Petersburg and Greifswald Universities collaborate closely. One of the active pedagogical and scientific areas of such cooperation is Slavic studies, which have long combined the efforts of Russian and German philologists.

scholarly journals Z dziejów administracji państwa stanu wyjątkowego. Ustrój administracji publicznej na terenach byłego zaboru austriackiego u progu II Rzeczypospolitej

2020 ◽  
Vol 41 (4) ◽  
pp. 163-181
Author(s):  
Jarosław Kostrubiec
Keyword(s):  
Public Administration ◽  
Governing Committee ◽  
Duality Principle ◽  
National Council ◽  
Second Republic ◽  
State Of Emergency ◽  
General Government ◽  
The Status ◽  
History Of ◽  
The Government

The history of public administration in the state of emergency: the system of public administration in the territories of the former Austrian partition on the threshold of the Second Republic of PolandIn the reborn Poland, in the territories of the three former partitions, the creation of Polish centres of administrative power and its structures took place in a different political and legal environment. The main purpose of this article is to present the specificity of the process of creating public administration structures and determining its organizational model in the territories of the former Austrian partition in the context of the reconstruction of the Polish country. The article focuses on the status and rules of organization of public administration introduced by the Polish Liquidation Committee, Interim Governing Committee of Eastern Galicia, the Governing Committee, the General Government Delegate of Galicia and the National Council of the Duchy of Cieszyn. The main thesis of the author of the article is the statement that at the time of creating public administration structures in the territories of the former Austrian partition, the duality principle of the government and self-government administration was no longer in use, transferring the responsibility of administering to the monocratic administration authorities.

scholarly journals Status of the chairman of the local government administration in Ukraine: experience of legislative definitions

2018 ◽  
Vol 6 (5) ◽  
pp. 12-23
Author(s):  
Y. I. Borodin
Keyword(s):  
Civil Service ◽  
Local State ◽  
Political Activity ◽  
Political Activities ◽  
The Status ◽  
General Competence ◽  
History Of ◽  
The Government ◽  
State Of Affairs ◽  
Heads Of State

The article deals with the issue of determining the status of heads of local state administrations in Ukraine in the context of the history of public service. The author focuses on such important aspects as assigning the positions of heads of state executive bodies to the general competence of the regional and subregional levels into the civil service, imposing restrictions on political activity, defining the role of the president, the government and the prime minister in appointing and dismissing said officials, application of competitive procedures, etc. On the basis of the analysis of legislative acts of 1992-2017, comparison and generalization of information from different sources shows how the question arose about the status of heads of local state administrations, which changes occurred in the process of creating the constitutional principles of public administration, the adoption of legislation on civil service, activities government, local state administrations, prevention of corruption, etc. Particular attention is paid to the current state of affairs, which is characterized by the presence of contradictions in the Ukrainian legislation; an increase in the uncertainty of the status of heads of local state administrations as a result of changes to the civil service law (November 2017) regarding their removal from the civil service, removal of restrictions on political activities, etc.The author concludes that there is a lot of experience of the state authorities of Ukraine in this area, the contradictory nature of the actions of the subjects of determining the status of heads of local state administrations, which has manifested itself in the recent period, the need to define the conceptual principles of the consideration of the issue and to make concerted changes to the Ukrainian legislation.

scholarly journals Norwegian policy on sami language learning and preservation

2018 ◽  
Vol 71 (1) ◽  
pp. 185-194
Author(s):  
Olga Shchukina ◽  
Maksim Zadorin ◽  
Ivan Savelev ◽  
Irina Ershova ◽  
Tatiana Konopleva
Keyword(s):  
Cultural Identity ◽  
Language Learning ◽  
Government Policy ◽  
Educational Opportunities ◽  
Current Status ◽  
State Legislation ◽  
The Status ◽  
The Government ◽  
International Conventions ◽  
Inequality Of Educational Opportunities

AbstractThe article discusses the government policy of Norway, one of the countries that has significantly succeeded in solving ethnocultural problem. It introduces the main stages of the Norwegian government policy towards the Sami people. Special atten­tion is given to the problem of preserving the cultural identity of the Sami and the status of the Sami language in Norwegian society. The article presents the problem of learning and preserving the Sami language through the analysis of Norwegian official state legislation which constitutes the methodological basis of the article. It also considers a number of local and international conventions and acts that are designed to protect Sami rights, as well as the effects these conventions and acts have on the status and situation of the Sami language in Norway. The current status of the Sami language and educational perspectives are considered in a comparative and historical framework. The results presented in the article are intended to raise awareness of cultural identity and inequality of educational opportunities based on ethnic minority background.

scholarly journals Defamation Laws and Practice in the Age of Internet in Albania

2018 ◽  
Vol 4 (3) ◽  
pp. 61 ◽  
Author(s):  
Adrian Leka
Keyword(s):  
The Political ◽  
Government Officials ◽  
The Public ◽  
High Profile ◽  
Judicial Corruption ◽  
The Status ◽  
History Of ◽  
The Media ◽  
The Government ◽  
The One

The picture of recent legal developments concerning defamation in Albania is mixed. On the one hand, several criminal defamation and insult statuteshave been abolishedsince 2012, following strong lobbying of human rights organizations. On the other, the application of criminal defamation laws has not stopped, while government officials and other high profile persons have discovered the power of civil defamation claims. Faced with intense criticism, the government has tried to re-introduce the abolished criminal defamation laws and has faced the same strong opposition and international outcry. In the meantime, defamation claims or threats thereof are routinely being used against the media or against the political opponent for the only purposes of creating tension and diffusing the attention of the public. The vagueness of the laws and the inconsistencies of judicial interpretation, helped in no little measure by judicial corruption and the political control of the judiciary, have widened the gap between constitutional and international guarantees of the freedom of speech and the actual enforcement of those guarantees. This article will briefly expose the history of defamation laws in Albania, the difficulties of their application, and the status of affairs concerning defamation laws and claims.

scholarly journals Meeting the Real “Gini” of India:

2021 ◽  
Vol 10 (3) ◽  
Author(s):  
Aman Gulati ◽  
Kah Ying Cho
Keyword(s):  
Income Inequality ◽  
Gini Coefficient ◽  
Online Survey ◽  
Indian Government ◽  
Call To Action ◽  
The Status ◽  
History Of ◽  
The Government ◽  
Societal Inequality ◽  
Relative Comparisons

Based on our fraught human history of widespread revolts, it is often presumed that income inequality can disrupt the status-quo. In recent years, researchers have come to question this connection between actual inequality and adverse political results. The findings show that most people around the world are unable to gauge societal inequality through relative comparisons, and are uncertain about both the magnitude and directionality of the gap. The aim of this study was twofold: 1) to assess the disparity between Indian respondents’ perceived and actual ratings of income inequality in India using a Gini Coefficient score; and 2) to identify factors that influenced these ratings. Almost 250 respondents from a wide cross-section of India participated in an online survey to give their perceived ratings of India’s Gini coefficient score along with the factors that influenced their responses.  Over 90.2% considered the degree of inequality in India to be far higher than the actuality, thus showing the great extent to which they consider their country to be an unequal one. The analysis identifies “Quality of Governance” as the only statistically significant predictor for improving income inequality, showing that the government is considered to be the primary bearer of responsibility for providing quality education and healthcare, which is sadly lacking. Nonetheless, the findings constitute a “call to action” for the Indian Government to implement more effective policies to tackle these issues. Future studies could delve deeper into the problem to determine the extent to which governance influences perceived income inequality in India.

scholarly journals The status of wildlife conservation in Botswana

Koedoe ◽  
1977 ◽  
Vol 20 (2) ◽  
Author(s):  
W. Von Richter
Keyword(s):  
Wildlife Conservation ◽  
Rapid Expansion ◽  
Conservation Areas ◽  
The Past ◽  
Landuse Planning ◽  
The Status ◽  
History Of ◽  
The Republic ◽  
The Government ◽  
State Of Affairs

The sparse human population and the general lack of surface water over most parts of the Republic of Botswana, which has hampered rapid expansion of agricultural activities into the less suitable areas in the past, have contributed to the fact that Botswana still supports a varied and rich wildlife population. The long history of hunting by the local populae makes them understand and appreciate the concept of wildlife conservation and utilization and has assisted in general to implement a policy for rational conservation and utilization. The next decade will be decisive whether this laudable state of affairs will continue or whether the wildlife resource will be depleted and finally restricted only to formal conservation areas as it has happened in many other countries on the African continent. The government is fully aware of the significance of wildlife conservation and utilization and the necessity to integrate it into overall landuse planning.

scholarly journals Power of emperor in Russian legal discourse of second half of 19th– early 20th centuries: justification and options for interpretation

2021 ◽  
Vol 6 (1) ◽  
pp. 9-15
Author(s):  
I. G. Adoneva ◽  
◽  
Yu. V. Druzhinina ◽  
Keyword(s):  
Legal Framework ◽  
Russian Empire ◽  
State Law ◽  
State Laws ◽  
Virtual Absence ◽  
Imperial Power ◽  
History Of ◽  
The Government ◽  
The Russian Empire ◽  
Scientific Ideas

The article is devoted to resolving the issue of how the legal intellectual elite of the period under review understood the imperial power, its origin, capabilities and authorities. The legal professorship formed an outwardly consistent discourse between the theoretical aspects of state law and the content of the Basic State Laws of the Russian Empire: teachers had to justify and explain the existence of the unlimited power of the monarch. They analyzed the courses of state law developed by nine professors of the Imperial Universities and the School of Law. The methodological basis of this study is the history of intellectual culture as an analysis of legal ideas and discourses in the context of the second half of the 19th - early 20th centuries. The power of the emperor is characterized by the authors of textbooks in a section that is most often called «On the Supreme Power». Russian autocracy was described by jurists in a conceptual and categorical apparatus borrowed from their European colleagues. Legal scholars were looking for a balance between their own personal and scientific ideas and the form of government that existed in the Russian Empire. Despite the differences in the political outlook, they saw the reason for the Russian autocracy in the historical development: a vast territory, low population density, and the virtual absence of a struggle between the government and society. For state scholars closely associated with Western jurisprudence, who shared its values, it was important to emphasize the belonging of the Russian Empire to the European world, where a skeptical view of the Russian monarchy remained. This way out was the idea of legality. Without disputing the content of the «Fundamental State Laws» and guided by censorship considerations, the professors tried to convey to the student university audience the idea that the bureaucratic apparatus formed in the empire is a natural limiter of the imperial power; the legal framework is an obstacle to despotism, and the judiciary is in fact independent. This kind of theoretical constructs became a compromise between the preservation of absolute monarchical power and the worldview of those jurists who shared liberal values

scholarly journals Guilty Until Proven Innocent

2019 ◽  
Vol 5 (3) ◽  
pp. 1001-1019
Author(s):  
Luis Suarez
Keyword(s):  
Law Enforcement ◽  
Attorney General ◽  
War On Drugs ◽  
Criminal Prosecution ◽  
Criminal Courts ◽  
Property Owners ◽  
Relevant Role ◽  
The Government ◽  
Asset Forfeiture ◽  
Constitutional Protections

Law enforcement departments across the country use civil asset forfeiture as a method to fund the work of law enforcement departments under the guise of combatting the “War on Drugs.” Attorney General Jeff Sessions made in- creasing civil asset forfeiture a DOJ priority. If civil asset forfeiture continues to rise to the level that Attorney General Sessions would like to see it, then we will soon find ourselves fighting to keep what is rightfully ours. This Comment will argue that the government should be required to prove that the owner of forfeited property had actual knowledge that the property was connected to an underlying crime. Dick M. Carpenter, Director for the Institute for Justice, believes that civil asset forfeiture is a thing of the past that today’s legal system should eschew. Civil asset forfeiture plays a relevant role in contemporary law enforcement, but additional safeguards should be enacted to ensure that civil asset forfeiture is not used at the expense of citizens’ property rights. Uniform reporting reform regarding forfeiture should occur amongst the states, and the government must prove that the innocent owner is not innocent. This is not to say that the government is required to succeed in a criminal prosecution before property can be forfeited, but this Comment argues that the government must prove from the onset that any owner of the property is not innocent and detached from the crime. Property owners should never be forced to prove their innocence without the constitutional protections guaranteed in criminal courts.

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