Confusion … Must Stifle All Enterprize

2019 ◽  
pp. 102-125
Author(s):  
Jeff Broadwater
Keyword(s):  
Religious Freedom ◽  
Central Government ◽  
Slave Trade ◽  
State Level ◽  
Legal Reform ◽  
The State ◽  
Constitutional Reform ◽  
African Slave ◽  
State Laws ◽  
American Trade

As a member of the Virginia assembly, Madison enjoyed considerable success in continuing the process of legal reform Jefferson had begun during the American Revolution, although his efforts to address Congress’s fiscal woes proved unavailing. Defeat of the general assessment bill in Virginia and passage of Jefferson’s Bill for Religious Freedom illustrated to Madison how a multitude of factions, in this case religious denominations, could be exploited to protect liberty. Meanwhile, Jefferson and Madison continued to wrestle with the issue of constitutional reform at the state level, and Jefferson’s ideal of a republic of yeomen farmers, as set forth in his Notes on the State of Virginia, predisposed him to support a central government strong enough to support American trade abroad and American expansion westward. Otherwise, his expectations for Congress were modest. Both men expressed opposition to slavery, but they could do little more than secure adoption of state laws ending the African slave trade and permitting private manumissions.

The Other Muslim Bans

2020 ◽  
Vol 1 (1) ◽  
pp. 2-38
Author(s):  
Will Smiley
Keyword(s):  
Security Policy ◽  
Islamic Law ◽  
State Level ◽  
The State ◽  
The Other ◽  
State Court ◽  
Court Cases ◽  
State Laws ◽  
Foreign Law ◽  
Muslim Majority

This Article addresses and critiques the case for state-level legislative bans on courts citing “Islamic law” or the law of Muslim-majority countries. In particular, the Article reviews the most substantive evidence adduced by the bans’ supporters, in the form of a set of state court cases published by the Center for Security Policy (CSP). Very few of these cases, in fact, show courts actually applying Islamic or foreign law, and in none of these cases would the various forms of proposed legislation have been likely to alter the result. Thus even this report does not suggest a need for the state laws purporting to ban sharīʿa. The Article thus argues that even if these bans are not unconstitutionally discriminatory in their effect, they are ineffective at achieving their claimed purpose. This Article was originally published as an Occasional Paper in the Harvard Papers in Islamic Law series in 2018.

scholarly journals Markets: State Franchise Laws, Dealer Terminations, and the Auto Crisis

2010 ◽  
Vol 24 (3) ◽  
pp. 233-250 ◽  
Author(s):  
Francine Lafontaine ◽  
Fiona Scott Morton
Keyword(s):  
Market Share ◽  
State Level ◽  
Legal Framework ◽  
The State ◽  
General Motors ◽  
Current Crisis ◽  
State Laws ◽  
Distribution Costs ◽  
Retail Prices ◽  
The Government

In fall 2008, General Motors and Chrysler were both on the brink of bankruptcy, and Ford was not far behind. As the government stepped in and restructuring began, GM and Chrysler announced their plan to terminate about 2,200 dealerships. In this paper, we first provide an overview of franchising in car distribution, how it came about, and the legal framework within which it functions. States earn about 20 percent of all state sales taxes from auto dealers. As a result, new car dealerships, and especially local or state car dealership associations, have been able to exert influence over local legislatures. This has led to a set of state laws that almost guarantee dealership profitability and survival—albeit at the expense of manufacturer profits. Available evidence and theory suggests that as a result of these laws, distribution costs and retail prices are higher than they otherwise would be; and this is particularly true for Detroit's Big Three car manufacturers—which is likely a factor contributing to their losses in market share vis-à-vis other manufacturers. After discussing the evidence on the effects of the car franchise laws on dealer profit and car prices, we turn to the interaction of the franchise laws and manufacturers' response to the auto crisis. Last, we consider what car distribution might be like if there were no constraints on organization. We conclude that although the state-level franchise laws came about for a reason, the current crisis perhaps provides an opportunity to reconsider the kind of regulatory framework that would best serve consumers, rather than carmakers or car dealers.

scholarly journals The State of Emergency in India: Böckenförde's Model in a Sub-National Context

2018 ◽  
Vol 19 (2) ◽  
pp. 197-218
Author(s):  
Shylashri Shankar
Keyword(s):  
Central Government ◽  
State Level ◽  
The State ◽  
Model Structure ◽  
Law And Order ◽  
State Of Emergency ◽  
Difficult Situation ◽  
The Rule Of Law ◽  
Administrative Organization ◽  
National Emergency

The Constitution of India envisages three types of emergencies: A national emergency; a state emergency (in the federal setup, regions are called states in India, and the central government has the power to impose an emergency if there is a breakdown of law and order in that state); and a financial emergency. The problem the State faces is how it can respond effectively to exceptional situations without casting its adherence to the rule of law into question.“ Ernst-Wolfgang Böckenförde offers a set of solutions within a model structure anchored in constitutional laws. The model structure, which applies at the federal level, advocates a separation between the authorizing agency—the political wing—and the implementation agency, as well as creating a distinction between a ”law“ and a ”measure,“ and between a most extreme and a merely difficult situation. By focusing on the actions of the higher judiciary in India, this Article tests whether the safeguards in Böckenförde's model structure function at the sub-national state level in a very different geography and context. The results highlight the concern that the dynamics of democracy and the reality of how political power is garnered in a federal Westminster style framework effectively stymie the procedural innovations introduced by Böckenförde's model by creating conditions, not for fair play, but for subverting the spirit of the law. Even the procedures outlined by Böckenförde—such as an emphasis on making the agent who holds the emergency powers a political, and not merely an administrative organization—accentuates, rather than mitigates, this problem.

Stemming the Tide: Assisted Suicide and the Constitution

1995 ◽  
Vol 23 (4) ◽  
pp. 389-397 ◽  
Author(s):  
Carl H. Coleman ◽  
Tracy E. Miller
Keyword(s):  
Assisted Suicide ◽  
State Level ◽  
Federal Courts ◽  
The State ◽  
Equal Protection ◽  
State Court ◽  
State Laws ◽  
Equal Protection Clause ◽  
The Right

On November 8, 1994, Oregon became the first state in the nation to legalize assisted suicide. Passage of Proposition 16 was a milestone in the campaign to make assisted suicide a legal option. The culmination of years of effort, the Oregon vote followed on the heels of failed referenda in California and Washington, and other unsuccessful attempts to enact state laws guaranteeing the right to suicide assistance. Indeed, in 1993, four states passed laws strengthening or clarifying their ban against assisted suicide. No doubt, Proposition 16 is likely to renew the effort to legalize assisted suicide at the state level.The battle over assisted suicide is also unfolding in the courts. Litigation challenging Proposition 16 on the grounds that it violates the equal protection clause is ongoing in Oregon. More significantly, three cases, two in federal courts and one in Michigan state court, have been brought to establish assisted suicide as a constitutionally protected right.

Deterring Wage Theft: Alt-Labor, State Politics, and the Policy Determinants of Minimum Wage Compliance

2016 ◽  
Vol 14 (2) ◽  
pp. 324-350 ◽  
Author(s):  
Daniel J. Galvin
Keyword(s):  
Minimum Wage ◽  
National Level ◽  
State Level ◽  
The State ◽  
Regulatory Regime ◽  
State Laws ◽  
Wage Theft ◽  
Original Dataset ◽  
Effective Deterrent ◽  
The Rich

Can stronger state-level public policies help protect workers from “wage theft?” In recent years, workers' rights groups have responded to policy drift and legislative inaction at the national level by launching campaigns to enact stronger penalties for wage and hour violations at the state level. Many of these campaigns have been legislatively successful and formative for the development of “alt-labor.” But are such policies actually effective in deterring wage theft? Previous scholarship has long concluded that although stronger penalties should theoretically make a difference, in practice, they do not. But by confining the analysis to the admittedly weak national-level regulatory regime, the existing literature has eliminated all variation from the costs side of the equation and overlooked the rich variety of employment laws that exist at the state level. Using an original dataset of state laws, new estimates of minimum wage violations, and difference-in-differences analyses of a dozen recently enacted “wage-theft laws,” I find that stronger penalties can, in fact, serve as an effective deterrent against wage theft, but the structure of the policy matters a great deal, as does its enforcement. The implications for workers' rights and the changing shape of the labor movement are discussed in detail.

Communal Dimensions of Hasidic Politics

2013 ◽  
pp. 218-265
Author(s):  
Marcin Wodziński
Keyword(s):  
Political Participation ◽  
Central Government ◽  
State Level ◽  
The State ◽  
Macro Level ◽  
Passive Resistance ◽  
Administrative Procedures ◽  
The Relationship ◽  
Communal Politics

This chapter analyzes communal hasidic politics, and the relationship between the hasidic elite and the hasidic masses, shifting its focus from the state level to communal politics and the relations between “elite” and “ethnic,” or popular, political participation. It portrays hasidic politics as being chiefly engaged in problems at the macro level, particularly Raphael Mahler's evocative narration of the hasidic leadership of the passive resistance of the Jewish masses. The chapter also include the martyrological historiography of the Lubavitch dynasty, which focuses on the sufferings of the holy men of the Schneersohn family at the hands of the central government. Since the Kingdom of Poland was a highly bureaucratic and centralized state, no political undertakings could be classified as purely local or even provincial. Every intervention in a local matter required universal state-level competencies and triggered administrative procedures reaching the level of ministries or even the central government.

What Determines Electoral Outcomes in India?

Asian Survey ◽  
2012 ◽  
Vol 52 (2) ◽  
pp. 270-297 ◽  
Author(s):  
Rahul Verma
Keyword(s):  
Central Government ◽  
National Level ◽  
State Level ◽  
The State ◽  
National Elections ◽  
General Satisfaction ◽  
Electoral Outcomes ◽  
The Government ◽  
High Level ◽  
Member Of Parliament

Abstract In 2004 and 2009, the incumbent central governments in India enjoyed a high level of voter satisfaction. Why then did incumbents lose elections in 2004, while winning them in 2009? The different electoral outcomes can be explained by a combination of satisfaction with a constituent's member of Parliament and the performance of the government at the state level, as well as satisfaction with the government at the national level. This analysis rejects the conventional argument of general satisfaction with the performance of the central government as being the determinant of electoral outcomes in national elections.

Medicaid 101: A Primer for Speech-Language Pathologists in Education Settings

2011 ◽  
Vol 12 (1) ◽  
pp. 3-11
Author(s):  
Janet Deppe ◽  
Marie Ireland
Keyword(s):  
State Level ◽  
The State ◽  
Speech Language Pathologists ◽  
Inspector General ◽  
Medical Necessity ◽  
School Settings ◽  
Speech Language Pathologist ◽  
School Based ◽  
Emerging Trends

This paper will provide the school-based speech-language pathologist (SLP) with an overview of the federal requirements for Medicaid, including provider qualifications, “under the direction of” rule, medical necessity, and covered services. Billing, documentation, and reimbursement issues at the state level will be examined. A summary of the findings of the Office of Inspector General audits of state Medicaid plans is included as well as what SLPs need to do in order to ensure that services are delivered appropriately. Emerging trends and advocacy tools will complete the primer on Medicaid services in school settings.

Doctoral Studies in Psychology in Spain

2003 ◽  
Vol 8 (1) ◽  
pp. 28-33
Author(s):  
Yolanda García Rodríguez
Keyword(s):  
Doctoral Programs ◽  
Legal Reform ◽  
The State ◽  
Teaching Program ◽  
Doctoral Studies ◽  
Public And Private ◽  
Teaching And Research ◽  
Doctoral Thesis ◽  
Critical Phase ◽  
The Individual

In Spain doctoral studies underwent a major legal reform in 1998. The new legislation has brought together the criteria, norms, rules, and study certificates in universities throughout the country, both public and private. A brief description is presented here of the planning and structuring of doctoral programs, which have two clearly differentiated periods: teaching and research. At the end of the 2-year teaching program, the individual and personal phase of preparing one's doctoral thesis commences. However, despite efforts by the state to regulate these studies and to achieve greater efficiency, critical judgment is in order as to whether the envisioned aims are being achieved, namely, that students successfully complete their doctoral studies. After this analysis, we make proposals for the future aimed mainly at the individual period during which the thesis is written, a critical phase in obtaining the doctor's degree. Not enough attention has been given to this in the existing legislation.

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