POJAVA USLOVNE OSUDE U SJEDINjENIM AMERIČKIM DRŽAVAMA

Glasnik prava ◽  
2021 ◽  
Vol XII (2) ◽  
pp. 3-20
Author(s):  
Milica Marinković ◽  
Keyword(s):  
United States ◽  
Criminal Procedure ◽  
The United States ◽  
Wide Field ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Short Term ◽  
Current Form ◽  
Penal Policy ◽  
Judicial Practice

The author gives an overview of the origin of the institution of probation in the United States. Probation in its current form was preceded by several institutions created in judicial practice, by which judges and juries tried to alleviate the objective severity of criminal procedure and penal policy. The institution of probation originated in the United States, which was possible thanks to the peculiarities of Anglo-Saxon law, in the first place its precedent character and the creative freedoms of a judge. The contributions of John Augustus and other volunteers inspired by Protestant values were immeasurable. During the nineteenth and early twentieth centuries, it became clear that short-term imprisonment did more harm than good to certain categories of perpetrators, so probation was introduced as a means of avoiding short-term imprisonment while maintaining the repressive nature of punishment. From the United States, where it proved to be good, probation quickly spread across the ocean to European soil. Today, probation is a generally accepted legal institute with a wide field of application in all modern legal systems.

Convergence or Divergence in Text and Context? Reflections on Constitutional Preambles in the Constitution-making Exercises of Post-independence Cameroon and Post-apartheid South Africa

2018 ◽  
Vol 33 (2) ◽  
Author(s):  
Justin Ngambu Wanki
Keyword(s):  
United States ◽  
South Africa ◽  
African Country ◽  
The United States ◽  
Legal Systems ◽  
Anglo Saxon ◽  
Per Se ◽  
The Law ◽  
Western Nations ◽  
Constitution Making

In this article, I attempt to establish the need for the convergence of the spirit of the law—the Preamble—and the letter of the law—the provisions of the Constitution of Cameroon contained in its articles. First, I adduce prototypes or archetypes of ‘Jacobin constitutionalism’ and Anglo-Saxon-style constitutionalism as benchmarks through which I evaluate the extent to which the spirit and letter of the law of the Constitution of Cameroon have been converged. Having established the incongruence of the Preamble with these prototypes, I have referred to the Constitution of post-apartheid South Africa as a fitting paradigm that entrenches modern constitutionalism against which the Preamble to the Cameroon Constitution can be compared, revisited and revised. South Africa has been selected based on the view that, as another African country, it would serve as a more appropriate benchmark for reviewing the Preamble to the Cameroon Constitution than those of the United States, France or other Western nations, which might result instead in a skewed logic. Also, both countries have similar legal systems and historical experiences. A juxtaposition of the two constitutional preambles vividly exposes the lapses in the Cameroon example. As a result, I have suggested that the Cameroon Constitution be amended for the purposes of reviewing its Preamble to bring it into line with the conventional requirements of democratic preambles and to transform the formal demands of the Preamble as tangible demands placed on a government through entrenched provisions. Reasons have been advanced in support of the necessity for including preambulatory clauses in a constitution without which the intent of the constitution per se would be deferred.

scholarly journals Checkmate at the Check-In. Discrimination or Transatlantic People Smuggling from Brussels National Airport

2018 ◽  
Vol 5 (2) ◽  
pp. 86
Author(s):  
Wendy De Bondt ◽  
Nele Audenaert
Keyword(s):  
United States ◽  
Criminal Law ◽  
The United States ◽  
Legal Framework ◽  
Legal Systems ◽  
Policy Makers ◽  
Current Form ◽  
Indirect Discrimination

Pursuant to the so-called American travel ban, nationals from Iran, Libya, Somalia, Sudan and Yemen were denied access to US territory. Consequently airline companies are performing additional checks at the check-in in order to avoid allowing passengers on board who are not in the possession of the required travelling documents to be allowed into the United States. The authors argue that the American travel ban puts airline companies operating from Brussels National Airport, Belgium within the scope of several criminal law provisions. Obeying the travel ban and denying the passengers access to the plane could constitute a form of indirect discrimination based on nationality. Disobeying the travel ban and granting the passengers access to the plane could constitute a form of people smuggling. In its current form, taking account of the interpretation provided in jurisprudence, the Belgian criminal law does not provide a clear way out of this situation. The situation is therefore described as checkmate at the check-in and is used to urge policy makers to provide a more clear legal framework for companies (in this case airline companies) who find themselves confronted with incompatibilities between different legal systems. 

Cultural Awareness of Students in Communication Sciences and Disorders: A Mixed-Methods Study

2020 ◽  
Vol 5 (5) ◽  
pp. 1231-1242
Author(s):  
Celeste Domsch ◽  
Lori Stiritz ◽  
Jay Huff
Keyword(s):  
United States ◽  
Study Abroad ◽  
Cultural Awareness ◽  
Qualitative Data ◽  
The United States ◽  
Self Report ◽  
Global Awareness ◽  
Short Term ◽  
Term Study ◽  
Short Term Study

Purpose This study used a mixed-methods design to assess changes in students' cultural awareness during and following a short-term study abroad. Method Thirty-six undergraduate and graduate students participated in a 2-week study abroad to England during the summers of 2016 and 2017. Quantitative data were collected using standardized self-report measures administered prior to departure and after returning to the United States and were analyzed using paired-samples t tests. Qualitative data were collected in the form of daily journal reflections during the trip and interviews after returning to the United States and analyzed using phenomenological methods. Results No statistically significant changes were evident on any standardized self-report measures once corrections for multiple t tests were applied. In addition, a ceiling effect was found on one measure. On the qualitative measures, themes from student transcripts included increased global awareness and a sense of personal growth. Conclusions Measuring cultural awareness poses many challenges. One is that social desirability bias may influence responses. A second is that current measures of cultural competence may exhibit ceiling or floor effects. Analysis of qualitative data may be more useful in examining effects of participation in a short-term study abroad, which appears to result in decreased ethnocentrism and increased global awareness in communication sciences and disorders students. Future work may wish to consider the long-term effects of participation in a study abroad for emerging professionals in the field.

The Future of Muslim Education in the United States: An Agenda for Research

2003 ◽  
Vol 20 (3-4) ◽  
pp. 46-82
Author(s):  
Fathi Malkawi
Keyword(s):  
United States ◽  
The United States ◽  
American Education ◽  
Future Trends ◽  
Muslim Community ◽  
Short Term ◽  
The Future ◽  
Muslim Education ◽  
Future Plans

This paper addresses some of the Muslim community’s concerns regarding its children’s education and reflects upon how education has shaped the position of other communities in American history. It argues that the future of Muslim education will be influenced directly by the present realities and future trends within American education in general, and, more importantly, by the well-calculated and informed short-term and long-term decisions and future plans taken by the Muslim community. The paper identifies some areas in which a wellestablished knowledge base is critical to making decisions, and calls for serious research to be undertaken to furnish this base.

Foreign Relations Law

2019 ◽  
pp. 43-61
Author(s):  
Karen Knop
Keyword(s):  
United States ◽  
International Law ◽  
Foreign Relations ◽  
Comparative Law ◽  
The United States ◽  
Legal Systems ◽  
The U.S

The two starting points for this chapter are that fields of law are inventions, and that fields matter as analytical frames. All legal systems deal with foreign relations issues, but few have a field of “foreign relations law.” As the best-stocked cabinet of issues and ideas, U.S. foreign relations law would be likely to generate the field elsewhere in the process of comparison. But some scholars, particularly outside the United States, see the nationalist or sovereigntist strains of the U.S. field, and perhaps even just its use as a template, as demoting international law. The chapter begins by asking whether this apprehension can be alleviated by using international law or an existing comparative law field to inventory the foreign relations issues to be compared. Finding neither sufficient, it turns to the U.S. field as an initial frame and sketches three types of anxieties that the U.S. experience has raised or might raise for international law. The chapter concludes by suggesting how Campbell McLachlan’s allocative conception of foreign relations law might be adapted so as to turn such anxieties about international law into opportunities.

Fat as a Floating Signifier

2019 ◽  
pp. 143-163
Author(s):  
Sabrina Strings
Keyword(s):  
United States ◽  
Discourse Analysis ◽  
The United States ◽  
Anglo Saxon ◽  
National Belonging ◽  
Time Period ◽  
Irish Women ◽  
Stuart Hall ◽  
Fat Phobia ◽  
Fat Stigma

Studies on the development of fat stigma in the United States often consider gender, but not race. This chapter adds to the literature on the significance of race in the propagation of fat phobia. I investigate representations of voluptuousness among “white” Anglo-Saxon and German women, as well as “black” Irish women between 1830 and 1890—a time period during which the value of a curvy physique was hotly contested—performing a discourse analysis of thirty-three articles from top newspapers and magazines. I found that the rounded forms of Anglo-Saxon and German women were generally praised as signs of health and beauty. The fat Irish, by contrast, were depicted as grotesque. Building on the work of Stuart Hall, I conclude that fat was a “floating signifier” of race and national belonging. That is, rather than being universally lauded or condemned, the value attached to fatness was related to the race of its possessor.

“Of Sound Mind and Body”

2019 ◽  
pp. 64-86
Author(s):  
Frank E. Vandervort ◽  
Vincent J. Palusci
Keyword(s):  
United States ◽  
Substance Abuse ◽  
Social Problem ◽  
Drug Testing ◽  
The United States ◽  
Developmental Trajectory ◽  
Prenatally Exposed ◽  
Short Term ◽  
Mind And Body ◽  
Sound Mind

Substance abuse is a major medical and social problem. Estimates suggest that each year some 15 percent of the 4 million babies born in the United States are exposed to drugs or alcohol. Research demonstrates that exposure to these substances is harmful to the children in both the short term and across their developmental trajectory. This chapter summarizes the harms that might result from such prenatal exposure and considers the ways that both federal and state law respond to this. The chapter argues for universal drug testing of newborns in an effort to ascertain whether they have been prenatally exposed to such substances so that treatment and other services can be provided.

scholarly journals Decline in Marriage Associated with the COVID-19 Pandemic in the United States

2020 ◽  
Vol 6 ◽  
pp. 237802312098032
Author(s):  
Brandon G. Wagner ◽  
Kate H. Choi ◽  
Philip N. Cohen
Keyword(s):  
United States ◽  
The United States ◽  
Cumulative Number ◽  
Short Term ◽  
Know How ◽  
The Social ◽  
Reporting Delays ◽  
Social Upheaval ◽  
Near Future ◽  
Do So

In the social upheaval arising from the coronavirus disease 2019 (COVID-19) pandemic, we do not yet know how union formation, particularly marriage, has been affected. Using administration records—marriage certificates and applications—gathered from settings representing a variety of COVID-19 experiences in the United States, the authors compare counts of recorded marriages in 2020 against those from the same period in 2019. There is a dramatic decrease in year-to-date cumulative marriages in 2020 compared with 2019 in each case. Similar patterns are observed for the Seattle metropolitan area when analyzing the cumulative number of marriage applications, a leading indicator of marriages in the near future. Year-to-date declines in marriage are unlikely to be due solely to closure of government agencies that administer marriage certification or reporting delays. Together, these findings suggest that marriage has declined during the COVID-19 outbreak and may continue to do so, at least in the short term.

Sign in / Sign up

Export Citation Format

Share Document