scholarly journals CHURCH AUTONOMY, SEXUAL ORIENTATION, AND EMPLOYMENT POLICY IN BRITAIN: A LEGISLATIVE HISTORY OF THE EMPLOYMENT PROVISIONS OF THE EQUALITY ACT 2010

2013 ◽  
Vol 7 (1) ◽  
pp. 173-191
Author(s):  
Jerold Waltman
Keyword(s):  
Sexual Orientation ◽  
Religious Institutions ◽  
Employment Policy ◽  
Labour Government ◽  
Legislative History ◽  
Liberal Pluralism ◽  
History Of ◽  
The Law ◽  
The Moment

How much autonomy should religious institutions have when they employ paid staff? This paper lays out two contrasting models, blanket liberalism and liberal pluralism, that come into play in this area. It then examines in some detail how Parliament dealt with the issue as it considered the Equality Act 2010, especially as the law pertained to sexual orientation. Although the Labour government would have liked to have pushed the country more toward blanket liberalism, in the end it left the law as it was, which was a victory, for the moment at least, for those churches who wished to retain their present degree of autonomy.

Questions of Guerrilla Warfare in the Law of War

1946 ◽  
Vol 40 (3) ◽  
pp. 534-562 ◽  
Author(s):  
I. P. Trainin
Keyword(s):  
International Law ◽  
Guerrilla Warfare ◽  
Law Of War ◽  
History Of ◽  
The Law ◽  
The Moment

The history of war knows no such brigandage, fanaticism, or such craftiness as the German fascist usurpers practiced from the moment of their attack upon the peoples of other states. The rules and customs relating to the conduct of war, recognized by all civilized peoples, were rejected and trampled under foot by these usurpers. These rules and customs relating to the conduct of war, put together in the course of many centuries, have received the title “the law of war” and constitute an inseparable part of international law.

scholarly journals Paying for America’s Elections: The Bipartisan Campaign Reform Act of 2002 and Information Access

2019 ◽  
Vol 47 (4) ◽  
pp. 21
Author(s):  
Rachel Condon
Keyword(s):  
Campaign Finance ◽  
Information Access ◽  
American People ◽  
Access To Information ◽  
Federal Election ◽  
Legislative History ◽  
Election Process ◽  
History Of ◽  
The Law

This paper provides an overview of the legislative history of the Bipartisan Campaign Reform Act of 2002 (BCRA), known popularly as McCain-Feingold. It will also explore the challenges to the act in the courts. The paper will conclude with a review of access to campaign finance reports resulting from the Bipartisan Campaign Reform Act of 2002. With a rich legislative history that spans several Congresses as well as a history of judicial interventions which have shaped the law as it stands today, it is pertinent that the American people have access to information associated with the law so as to better understand the federal election process and assess its strengths and weaknesses in advance of the 2020 elections.

Section 1031 Like-Kind Exchanges: Review of the Past and Proposal for the Future

2015 ◽  
Vol 13 (1) ◽  
pp. 1-16
Author(s):  
Edward J. Schnee ◽  
Shane R. Stinson
Keyword(s):  
Dual Use ◽  
Legislative History ◽  
The Past ◽  
Policy Suggestions ◽  
The Future ◽  
History Of ◽  
The Law ◽  
Over Time

ABSTRACT Congress created the tax-free exchange of like-kind property over 90 years ago and has since made several revisions to the law to prevent tax abuse and limit its application. However, the like-kind exchange rules, now governed by Section 1031, are expanding over time. In this article, we review the legislative history of Section 1031 and recently proposed changes to the law. In line with recent proposals, we recommend that Congress eliminate the special tax treatment granted to like-kind exchanges. However, in the event that Congress is unable or unwilling to make such a change, we also offer policy suggestions to limit current abuses of the like-kind provision relating to exchanges of investment property, the use of qualified intermediaries in non-simultaneous exchanges, and exchanges involving dual-use property.

Floor and Apartment Ownership System A vision for a New Legislative Organization in Iraqi Law

2021 ◽  
Author(s):  
MOHAMMED JAFAR
Keyword(s):  
Civil Law ◽  
Arab Countries ◽  
Housing Crisis ◽  
Legislative Organization ◽  
Legislative History ◽  
The Real Estate ◽  
Common Ownership ◽  
History Of ◽  
The Common ◽  
The Law

The system of ownership of floors and apartments represents a developed form of the forms of class ownership. In addition to the old image that prevailed in the old laws of the ownership of classes, represented by the system of ownership of the top and bottom, it appeared in Europe as a result of the acute housing crisis in which the system of ownership of floors and apartments occurred. The law was adopted The Egyptian civil system adopted this system, and from it the majority of laws in Arab countries were taken. This advanced system of tiered ownership is based on dividing the vertical building into tiers or apartments owned by multiple persons, separate ownership and common ownership in the building structure, its land and all the common parts intended for the common use of the owners. Although the Iraqi civil law did not adopt the system of ownership of floors and apartments in its texts, the Iraqi legislator tried to fill this legislative deficiency in the Real Estate Registration Law No. (43) of 1971, and despite that, the system of ownership of floors and apartments remained unorganized and constituted completely in Iraqi legislation, The Iraqi legislator has made many attempts to fill this shortcoming, the most recent of which was his issuance of the Law Regulating Ownership of Floors and Apartments in Buildings No. (61) of 2000. However, the change that Iraq witnessed after 2003 made it necessary to reconsider the legislative regulation of the system of ownership of floors and apartments, from During the development of a new regulation in line with the investment laws and instructions in Iraq and in the Kurdistan Region of Iraq. We have divided our research into three demands. In the first requirement, we discussed the legislative history of the ownership system of floors and apartments in Iraqi law. In the second requirement, we discussed the legal systems applied in the ownership of classes. As for the third requirement, we devoted it to discussing ways to manage the common parts in the system of ownership of floors and apartments. . We concluded our research, with a conclusion in which we mentioned the most important conclusions, the most important of which is the distinction of the system of ownership of floors and apartments from the system of ownership of the top and bottom, and the multiplicity of Iraqi laws that dealt with this system by organizing without the existence of a comprehensive law for all its provisions applicable to all parts of Iraq, and we suggested finding a new legal organization in the Iraqi legislation , by regulating the substantive provisions of the system of ownership of floors and apartments in the Iraqi civil law, and the necessity of developing a special law dealing with the detailed provisions of this system.

The Legislative History of the Gold Coast and Nigerian Marriage Ordinances:II

1969 ◽  
Vol 13 (3) ◽  
pp. 158-178
Author(s):  
Shirley Zabel ◽  
B. Ceylon
Keyword(s):  
Gold Coast ◽  
Legislative History ◽  
Secretary Of State ◽  
History Of ◽  
The Law ◽  
History Of Marriage

The next chapter in the history of the Gold Coast and Nigerian marriage ordinances is encountered a few years later in documents concerning the law of marriage in Ceylon.2On May, 30th, 1863, Governor MacCarthy wrote to the Duke of Newcastle, then Secretary of State for the Colonies, a lengthy despatch concerning the history of marriage in Ceylon and expressing his views on the need for a new ordinance.

Marrying “Well”: Debating Consanguinity, Matrimonial Law, and Brazilian Legal Medicine, 1890–1930

2015 ◽  
Vol 33 (3) ◽  
pp. 703-743 ◽  
Author(s):  
Okezi Otovo
Keyword(s):  
Catholic Church ◽  
Critical Issue ◽  
Civil Code ◽  
Law Schools ◽  
The Third ◽  
History Of ◽  
The Law ◽  
Old Republic ◽  
The Moment ◽  
Special Circumstances

On August 28, 1919, Brazil's most famous pediatrician, Dr. Carlos Arthur Moncorvo Filho, addressed his colleagues at the illustrious National Academy of Medicine in Rio de Janeiro, reminding them that consanguineous marriage was the topic of the moment. Dr. Moncorvo Filho's insistence that “everyone knew why” was a reference to a proposal made before the Senate just three months prior by Senators Eloy de Souza of the state of Pernambuco and Álvaro de Carvalho of São Paulo. The senators proposed that language prohibiting marriage between blood relatives in the recently ratified Brazilian Civil Code be amended to allow for special juridical or medical dispensation. Souza and Carvalho, with the backing of the Catholic Church and a minority of members of the Brazilian Institute of Attorneys, supported permitting marriage between third-degree relatives under special circumstances. At issue for the attorneys was how the law would deal with situations in which couples had a compelling need to marry within the third degree of kinship. A recent case of an uncle who had “deflowered” his niece and then offered to “remedy the damage” through marriage brought this issue to public debate. Marriages between uncles and their nieces and aunts and their nephews (third-degree relations) were traditional in Brazil, and Brazilian law had a long history of yielding to custom and context. However, under the new laws of the 30-year-old republic, this type of marriage was no longer legal, having been specifically prohibited by the 1916 Civil Code. Senators Souza and Carvalho, both lawyers by training, proposed reforming the Code, while their ultimately unsuccessful amendment sparked vigorous debate in both legal and medical circles on the validity of marriage restrictions within the third degree of consanguinity. As a result, physicians at Brazil's leading medical schools and their jurist counterparts at the law schools took sides on this critical issue, dividing themselves into rival camps of consanguinistas and anticonsanguinistas.

A Tale of Two Countries: Divorce in England and Prussia, 1670–1794

2021 ◽  
Author(s):  
Saskia Lettmaier
Keyword(s):  
Eighteenth Century ◽  
European Countries ◽  
Legal Change ◽  
Legislative History ◽  
Legal Development ◽  
History Of ◽  
The Law

Abstract Why did two leading European countries (Prussia and England), which at first sight appeared to have much in common, enact radically different divorce legislation during the eighteenth century? This Article takes a close look at each country’s reforms, their legislative history, and their likely effects in an effort to tease out what motives lay behind them. And by connecting the legal changes to the countries’ sociopolitical and intellectual structures, it goes on to explain why the reforms were so different. The Article’s findings are relevant not only for the history of the law of divorce, but also for the broader issue of what forces play a role in the evolution of the law. Today, few would doubt the proposition that there are social and ideological “causes” of legal development. However, what these causes are and in what combination they have to be present for a legal change to occur are questions that are rarely examined in any detail.

A Legislative History of Nonhuman Animal Fighting in the U.S. and Its Territories

2020 ◽  
pp. 1-21
Author(s):  
Wayne Pacelle ◽  
Richard L. Pacelle
Keyword(s):  
19Th Century ◽  
Policy Making ◽  
Local State ◽  
Nonhuman Animal ◽  
Legislative History ◽  
History Of ◽  
Federal Laws ◽  
The Law ◽  
The U.S ◽  
Animal Fighting

Abstract Nonhuman animal fighting is an ancient form of exploitation, still attracting millions of followers. While 19th-century proscriptions imposed in the U.S. succeeded in stigmatizing it, animal fighters adapted to these cultural and legal taboos and continued to operate, often clandestinely. Cockfighting thrived, operating as a quasi-legal enterprise until an incremental policy-making campaign succeeded in passing a raft of local, state, and federal laws to outlaw it everywhere in the U.S. Between 1998 and 2018, legal cockfighting was banned in the final five states; more than 40 other states reformed their laws; and Congress passed multiple reforms to ban animal fighting, including in the U.S. territories. The process of outlawing animal fighting faced fierce resistance, but these practices are now the most widely and severely criminalized forms of animal mistreatment in the U.S. Adherence to the law and enforcement are continuing challenges.

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