Legal process theory and judicial discipline in the United States

2021 ◽  
pp. 334-361
Author(s):  
Dmitry Bam
Keyword(s):  
United States ◽  
The United States ◽  
Process Theory ◽  
Legal Process

Facts in Law and Facts of Law

2003 ◽  
Vol 7 (3) ◽  
pp. 153-171 ◽  
Author(s):  
Ronald J. Allen ◽  
Michael S. Pardo
Keyword(s):  
United States ◽  
The United States ◽  
Complex Interaction ◽  
Legal Process ◽  
Structural Relationships ◽  
Simple Rules ◽  
The Law

The nature of the distinction between issues of fact and issues of law is considered. Courts in the United States and England have failed to articulate the distinction. Arguments that a distinction may be drawn on ontological, epistemological or analytical grounds are considered and rejected. It is argued that the law/fact distinction involves a complex interaction between three variables: (1) conventional meanings of the terms ‘law’ and ‘fact’; (2) structural relationships within the legal process; and (3) a distinction between matters of general import and specific, localised phenomena. It is concluded that this interaction is too complex to be reduced to simple rules and that the labelling of a particular issue as ‘legal’ or ‘factual’ is essentially a functional decision made on pragmatic grounds.

International Tin Council v. Amalgamet Inc.

1988 ◽  
Vol 82 (4) ◽  
pp. 837-840
Author(s):  
Steven R. Ratner
Keyword(s):  
United States ◽  
New York ◽  
Supreme Court ◽  
The United States ◽  
International Organization ◽  
Legal Process ◽  
Arbitration Clause ◽  
The Supreme Court ◽  
York County

Petitioner, International Tin Council (ITC), brought an action to stay an American Arbitration Association arbitration that was initiated by respondent, Amalgamet Inc., and that arose out of petitioner’s refusal to honor three contracts for the purchase of tin from respondent. Petitioner claimed that it was immune from suit in the United States by virtue of its status as an international organization under British law, and, in the alternative, that the arbitration clause in its contract with respondent was unenforceable. The Supreme Court of New York County (per Parness, J.) dismissed the petition, and held that petitioner lacked any basis under U.S. law for immunity from legal process and that petitioner had consented to the arbitration clause providing for arbitration in New York.

scholarly journals RESHAPING THE HOMOSEXUAL IDENTITY OF MIDDLE-AGED GAY MEN IN AMERICA: A SOCIOLOGICAL STUDY OF IDENTITY PROCESS ON ANDREW SEAN GREER’S LESS

2020 ◽  
Vol 7 (2) ◽  
pp. 135
Author(s):  
Fairuz Su'da ◽  
Muh Arif Rokhman
Keyword(s):  
United States ◽  
Gay Men ◽  
The United States ◽  
Process Theory ◽  
Internalized Homonegativity ◽  
Middle Aged ◽  
Sociological Study ◽  
Internal Conflicts ◽  
Identity Process Theory ◽  
Homosexual Identity

The detrimental effects caused by the LGBT victimization in America are directly felt by middle-aged homosexuals nowadays and is internalized into their identity, creating problems that continuously affect them even after LGBT acceptance in the United States. The shift of homosexual identity in middle-aged American homosexuals is thus inevitable in order to regain their identity balance. Andrew Sean Greer’s Less depicts this issue through the internal conflicts of Arthur Less —a character struggling to accept his identity as an aging homosexual man. Arthur’s process in assimilating new experiences around him and accommodating his conceptionabout his homosexual identity become the highlights of this study. The writer utilizes Susan Krauss Whitbourne’s Identity Process Theory that deals with identity assimilation, identity accommodation, and identity balance. The result shows that past LGBT victimization has caused (1) HIV/AIDS trauma, (2) hyper-sexualized image, (3) cynicism towards marriage, and (4) internalized homonegativity, all of which creating the balance disruption on identity. When identity assimilation fails and identity accommodation occurs, middle-aged American homosexuals are encouraged to acknowledge that (1) homosexual identity exists beyond stereotyped sexual context, (2) there are no standardized attitudes that they must adopt, and (3) they are allowed to desire the same sense of comfort and intimacy through committed relationship or marriage, like their heterosexual counterparts.

scholarly journals Iraq and the Serious Consequences of Word Games: Language, Violence and Responsibility in the Security Council

2002 ◽  
Vol 3 (11) ◽  
Author(s):  
Craig Scott
Keyword(s):  
United States ◽  
Security Council ◽  
The United States ◽  
Legal Process ◽  
The Past ◽  
The Us ◽  
Un Security Council

For some months now and with special intensity in the past few weeks, a battle over legal process – what may or may not the United States do militarily in Iraq without new authorization from the UN Security Council, and at what stage and under what conditions should a Council resolution give such authorization? – has simultaneously become a battle over what words in a resolution will be sufficient to count as implicit authorization. The current diplomatic discourse around a new Iraq resolution is focussing on one or more “hidden triggers” in the draft text presented by the US on October 21.

Eminent Domain: Building Toward Worker Cooperatives in the United States

2016 ◽  
Vol 15 (1-2) ◽  
pp. 28-37
Author(s):  
Peter Ranis
Keyword(s):  
United States ◽  
Public Policy ◽  
Work Organization ◽  
The United States ◽  
Eminent Domain ◽  
Self Management ◽  
Legal Process ◽  
The Public ◽  
Worker Cooperatives ◽  
Worker Autonomy

This article deals with the major challenges to the development of cooperatives owing to the retreat of the state in intervening on behalf of the public good. Cooperatives represent a clear response to unemployment and poverty within the liberal capitalist economies. Cooperatives represent a re-envisioning of work organization, democratic procedures, the reality of employee self-management, the fostering of community and political outreach that combine to provide an alternative to the hierarchical private firm’s place in the economy and society. The potential uses of eminent domain to meet this socio-economic challenge in the United States represent viable public policies that can provide workers with the legitimacy to own and run their own enterprises. Eminent domain, a legal process, has a basis in public policy, which includes the powers to tax and spend, to zone for economic purposes, to impose environmental regulations, and to avoid neighborhood blight. Worker control requires the implementation of eminent domain on behalf of workers for the clear benefit of economic development, social justice and worker autonomy.

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