Telecommunications Regulation in the USA: Seeking the Right Balance between Regulation and Competition

2017 ◽  
pp. 99-112
Keyword(s):  
Telecommunications Regulation ◽  
The Usa ◽  
The Right

Trial by Triad: substituted judgment, mental illness and the right to die

2021 ◽  
pp. medethics-2020-107154
Author(s):  
Jacob M Appel
Keyword(s):  
Depressive Symptoms ◽  
Depressive Disorders ◽  
Substituted Judgment ◽  
Diminished Capacity ◽  
Accepted Standard ◽  
The Usa ◽  
Aid In Dying ◽  
Incapacitated Patients ◽  
The Right

Substituted judgment has increasingly become the accepted standard for rendering decisions for incapacitated adults in the USA. A broad exception exists with regard to patients with diminished capacity secondary to depressive disorders, as such patients’ previous wishes are generally not honoured when seeking to turn down life-preserving care or pursue aid-in-dying. The result is that physicians often force involuntary treatment on patients with poor medical prognoses and/or low quality of life (PMP/LQL) as a result of their depressive symptoms when similarly situated incapacitated patients without such depressive symptoms would have their previous wishes honoured via substituted judgment. This commentary argues for reconsidering this approach and for using a substituted judgment standard for a subset of EMP/LQL patients seeking death.

scholarly journals Legal Status Of The Caspian Sea: History And Present

2012 ◽  
Vol 6 ◽  
Author(s):  
Ardak Kapyshev
Keyword(s):  
Caspian Sea ◽  
Legal Status ◽  
Oil Fields ◽  
Present Stage ◽  
The Caspian Sea ◽  
Interstate Relations ◽  
The Usa ◽  
History Of ◽  
The Right ◽  
Near Future

At  the  present  stage  one  of  the  unsolved   problems in  interstate relations of  Caspian bordering countries is defining international­legal status of the Caspian Sea. It is noted in the article that this problem is not a new one at all. The history of “division” of the Caspian Sea begins in the ancient age, namely in VIII century. It is underlined that the basic stumbling block  is the position of Iran on the right to use the Caspian Sea, and also occurrence of extra regional players, such as  the USA, China, etc. First of  all, it is connected with rich oil fields and other minerals, and also with convenient geopolitical and geostrategic position. The only way to worry out the international­legal delimitation of the Caspian Sea problem is a negotiating process. By now, despite of  certain disagreements on  legal status of  the Caspian Sea, five Caspian bordering countries managed to achieve certain progress, admitting the possibility of applying the principle of sectorial sectioning on the Caspian Sea.  Clear proof  of  it is the agreements on  division of ground on the northern part of Caspian Sea signed between Kazakhstan, Russia and Azerbaijan. It is important that Kazakhstan, Russia, Azerbaijan and Turkmenistan clearly stated their positions and agreed to make a compromise in their official statements. More than likely, in the near future Iran will soften its position, considering its present  situation and   strained relations with the USA. It has been alleged that the constructive  dialog  already  started; everything depends on  the mobility,  concurrency and rationality of actions of all Caspian bordering countries.

scholarly journals Board Diversity: More Than a Gender Issue?

2015 ◽  
Vol 20 (1) ◽  
pp. 123 ◽  
Author(s):  
Michael Adams
Keyword(s):  
Corporate Governance ◽  
Gender Diversity ◽  
Governance Structure ◽  
Share Price ◽  
Corporate Boards ◽  
Board Diversity ◽  
The World ◽  
The Usa ◽  
The 1960S ◽  
The Right

There has been extensive research conducted on the importance of corporate governance around the world. The research seems to demonstrate that, regardless of whether corporations are based in common law or civil code systems, their longevity and sustainability arise from good corporate governance. However, the evidence does not clearly demonstrate a correlation between a particular organisation’s governance structure and practices and its share price. Around the world the question of board diversity is gaining in importance. The beginning of the debate in the 1960s centred on gender. While it is essential to conduct a debate on gender diversity, other aspects of diversity should also be considered. Race, culture and even age may have a direct impact on the performance of a board. Australian companies, particularly those listed on the ASX, have a poor record of instituting any type of diversity. The USA and European Union have a much wider range of policies to promote diversity on corporate boards. The key question is how best to regulate to promote diversity across gender, race, culture and age. The historical approach of regulating diversity by setting targets and requiring disclosure does not seem to have delivered substantial change. Is it the right time to impose mandatory requirements, or are there other alternative strategies? Without doubt change is required, but there will be opposition.

scholarly journals POETRY OF NATASHA TRETHEWEY IN CONTEMPORARY CULTURAL DISCOURSE

2020 ◽  
Vol 11 (87) ◽  
Author(s):  
Oleksandr Lukyanenko ◽  
Keyword(s):  
African American ◽  
American Literature ◽  
The United States ◽  
Library Of Congress ◽  
Early 21St Century ◽  
Poet Laureate ◽  
The Usa ◽  
The Individual ◽  
State Registration ◽  
The Right

The article provides an analysis of the presence of the American poet-laureate Natasha Trethewey in modern literary discourse. The publication emphasizes the need to combine the methods of linguistics and culturology, anthropology and everyday history in the study of the construction of everyday USA in the works of the poet. The author explains the relevance of certain topics in the work of N. Trethewey to understand the psychology of the African American population in the USA. The state of studying the work of the poet-laureate in domestic science is determined. Remarks were made on the specifics of the creative search for the master of the word. The article illustrates the problem of reflection and national (ethnic) consciousness through the prism of the poetic word. She became the poetic voice of black America in the early 21st century. The ambiguous African-American side of the history of the United States awoke in the pages of her collections. With the deepening equality movement that swept North America during Donald Trump’s reactionary presidency, the lines of her poetry condemning racism, showing the country's participation in the American nation's foundation, and the often painful diffusion of white and black worldviews sound rather poignant. America. These reflections gained special strength with the development of the Black Lives Matter public initiative. The author’s work is gaining weight with the emphasis of the world community on gender issues. During the existence of the award in its various forms, women struggled to fight for the right to be the face of American literature. Of the 30 poetry advisers in the Library of Congress (the award was named from 1936 to 1986), only 6 were women. Since the renaming of the award in 1986, an unprecedented wave of feminization has begun. In 2012, Natasha Trethewey became the sixth woman to work among the nineteen winners in this office at the Library of Congress since the late 1980s. The work was carried out within the framework of the research theme of the Department of Culturology of the Poltava National Pedagogical University named after V.G.Korolenko “Polylogue of the global and regional in the formation of the socio-cultural identity of the individual” (state registration number 0120U103840).

Conclusion

2018 ◽  
pp. 246-256
Author(s):  
Steven Hurst
Keyword(s):  
Nuclear Weapons ◽  
Islamic Republic ◽  
Political Factions ◽  
The Usa ◽  
The Right ◽  
Made In ◽  
Key Questions

The conclusion summarizes the arguments made in the previous chapters and returns to the key questions raised in the introduction. It concludes that the available evidence suggest that the Islamic Republic was not bent on the development of nuclear weapons and that key political factions within Iran were happy to forego them in return for reciprocal concessions from the USA. It further follows from that conclusion that claims that the JCPOA represented a successful coercion of Iran through sanctions are wide of the mark. Iranian leaders had been prepared to offer a compromise before effective sanctions were imposed and a deal was only reached when Obama conceded Iran the right to continue enriching uranium. Finally, the chapter argues, based on these conclusions, that Donald Trump's decision to abandon the agreement and re-impose sanctions is unlikely to produce the concessions from Iran that he desires

Constant de Rebecque, Henri-Benjamin (1767–1830)

2018 ◽  
Author(s):  
Dennis Wood
Keyword(s):  
Modern Society ◽  
Political Activity ◽  
British Government ◽  
French Enlightenment ◽  
The Usa ◽  
Benjamin Constant ◽  
The Individual ◽  
The Right ◽  
The Masses ◽  
Totalitarian Regimes

Benjamin Constant combined the activities of a religious historian, autobiographer and novelist with a career as a political theorist and politician. Constant’s intellectual outlook was shaped by French Enlightenment thought and two years spent at Edinburgh University in 1783–5 added experience of observing the British government and constitution at work. Through all of Constant’s writings runs a consistent theme: the necessity of safeguarding the freedom of the individual in modern society. At the end of his life he summed up his liberalism thus: ‘Freedom in all things, in religion, philosophy, literature, industry and politics. And by freedom I mean the triumph of the individual both over an authority that would wish to govern by despotic means and over the masses who would claim the right to make a minority subservient to a majority’ (1957: 835). Constant’s political activity and his writings, which some consider prophetic of the growth of modern totalitarian regimes, have been influential in the development of liberal thought in Europe and the USA.

2. Liberty

2014 ◽  
Author(s):  
Jonathan Riley
Keyword(s):  
Civil Liberty ◽  
Political Liberty ◽  
Patriot Act ◽  
Usa Patriot Act ◽  
Normative Concepts ◽  
Natural Domain ◽  
Positive Liberty ◽  
The Usa ◽  
The Right

This chapter examines the normative dimensions of liberty by relating the descriptive concept to normative theories of civil and political liberty, as well as security, defended by key thinkers in historical and contemporary debates. Purely descriptive concepts of liberty must be distinguished from normative concepts. Thomas Hobbes offered a valid descriptive concept of liberty as doing as one wishes. For John Stuart Mill, civil liberty or security must always include a basic right to do whatever one wishes, in relation to a natural domain of ‘purely self-regarding’ conduct. This chapter first considers the link between liberty and rights before discussing negative and positive liberty, civil liberty and political liberty, and the interrelationships among justice, security, and liberty. It concludes with an analysis of the right to absolute self-regarding liberty. A case study concerning the USA Patriot Act of 2001 and the war on terror is presented.

Is ‘best interests’ the right standard in cases like that of Charlie Gard?

2019 ◽  
Vol 46 (1) ◽  
pp. 16-17 ◽  
Author(s):  
Robert D Truog
Keyword(s):  
Harm Principle ◽  
Best Interests ◽  
Clinical Decisions ◽  
Disabled Children ◽  
The Usa ◽  
The Uk ◽  
The Right ◽  
Legal Judgments ◽  
The Harm Principle

Savulescu and colleagues have provided interesting insights into how the UK public view the ‘best interests’ of children like Charlie Gard. But is best interests the right standard for evaluating these types of cases? In the USA, both clinical decisions and legal judgments tend to follow the ‘harm principle’, which holds that parental choices for their children should prevail unless their decisions subject the child to avoidable harm. The case of Charlie Gard, and others like it, show how the USA and the UK have strikingly different approaches for making decisions about the treatment of severely disabled children.

'Human Rights', 'Religion' and the 'Secular': Variant Configurations of Religion(s), State(s) and Society(ies)

2006 ◽  
Vol 1 (1) ◽  
pp. 17-39 ◽  
Author(s):  
Paul Weller
Keyword(s):  
Human Rights ◽  
The Netherlands ◽  
Historical Development ◽  
Historical Perspective ◽  
Religious Plurality ◽  
The Future ◽  
The Usa ◽  
The Right ◽  
The Relationship

AbstractDiscussions about the relationship between 'religion' and 'human rights' often focus on the problems that arise from 'religion'. Within a European historical perspective this is understandable since one of the most important aspects of the historical development of the 'human rights' tradition in the Europe has been the struggle for the right not to believe.However, the concept of the 'secular' is also not unproblematic. Thus this article explores the contested relationship between 'human rights' and 'religion' by bringing into focus also the relatively hidden factor of the 'secular'. This is done by exploring the forms of secularity exemplified in the traditions and approaches that are found in the USA, France, Turkey, the Netherlands and India. Finally, reference is made to traditional Islamic models for integrating cultural and religious plurality, before concluding with some discussion of the thought of Marc Luyckx in relation to the future of Europe.

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