Introduction

2016 ◽  
Author(s):  
William A. Penn
Keyword(s):  
The State ◽  
Early Years ◽  
State Court ◽  
Native State ◽  
Court Of Appeals ◽  
Confederate Army ◽  
Newspaper Editor ◽  
The Town ◽  
At Home ◽  
State Representatives

When a Confederate officer scribbled in his journal after the Second Battle of Cynthiana that Morgan’s men were “plundering & pillaging … the best rebel town of our native state,” he was expressing a widely held perception that, in the Bluegrass, Cynthiana was a “Rebel town.” This reputation was earned in the early years of the war after a series of implicating events: the county judge, county clerk, sheriff, and newspaper editor were arrested for being southern sympathizers; one of the very first Kentucky Rebel volunteer companies was from Harrison County, marching off to war as a Confederate flag was displayed on the courthouse flagpole; and the majority of Harrison County recruits joined the Confederate army. At this divisive time, a citizen admitted: “It is not safe for a man to talk about or in favor of the Union.” The state representatives from Harrison County were known to be prosouthern by their speeches during the neutrality period. Rep. Lucius Desha fled behind Confederate lines to avoid being arrested, only to be indicted for treason on returning to the state. Cincinnati newspapers and a US representative from Bourbon County pointed to the arrest of about sixty citizens to support their contention that Cynthiana was full of “lurking Rebels” and described the town as a “pestiferous Secession hole.” A militia officer, writing state officials in October 1861, referred to “Cynthiana, that infernal hole of rebellion.” And in correspondence with President Lincoln about shipping guns through Harrison County, the clerk of the Kentucky state court of appeals warned, “Cynthiana is a dark hole of traitors.” Even after the war ended, complaints surfaced that some candidates for office in Harrison County were former “stay-at-home rebels.”...

scholarly journals New Jersey’s Zoning Amendment

2019 ◽  
Vol 5 (2) ◽  
pp. 28
Author(s):  
Alex Costin
Keyword(s):  
New Jersey ◽  
The State ◽  
Early Years ◽  
Political Elite ◽  
State Court ◽  
The People ◽  
Town Meeting ◽  
The Press ◽  
Growth And Change ◽  
The Town

A half century before the New Jersey Supreme Court endorsed inclusionary zoning in Southern Burlington N.A.A.C.P. v. Mount Laurel Township, the state struggled to secure basic municipal zoning. While New Jersey’s political elite embraced zoning in the 1910s and 20s to weather a period of tremendous growth and change, a disapproving judiciary steadfastly maintained that the practice violated basic property rights. Hundreds of state court decisions in the 1920s held zoning ordinances unconstitutional. Finally, the people of New Jersey in 1927 overwhelmingly passed an amendment to the state constitution overruling those decisions and affirming zoning as a reasonable exercise of the state’s police power. This essay traces those uncertain early years of zoning in New Jersey. The amendment was not the result of a state monolithically coming to its senses. Instead, its passage documents a decade-long struggle played out not only in the courts and legislature but also in the press and the town meeting.

Kentucky Rebel Town

2016 ◽  
Author(s):  
William A. Penn
Keyword(s):  
African American ◽  
Civil War ◽  
Confederate Army ◽  
Newspaper Editor ◽  
Secession Crisis ◽  
The Town ◽  
Union Soldiers ◽  
The Way ◽  
State Representatives

This is a detailed Civil War study of a Kentucky Blue Grass town and county. This extensive research of Cynthiana and Harrison County reveals the area’s divisive sectional animosities and personalities. As the title suggests, Cynthiana was widely perceived to be a Rebel stronghold when the secession crisis erupted. The county’s state representatives, Lucius Desha and W. W. Cleary, were among Kentucky’s pro-secession supporters during neutrality, and Desha was arrested for treason when accused of recruiting for the Confederate army. Belief that the town was a den of Southern sympathizers was further supported when Union soldiers arrested and imprisoned for disloyal activities about sixty citizens, including several county officials and newspaper editor. Countering these secession activities were Home Guards and Union supporters, such as attorney W. W. Trimble. John Hunt Morgan’s raids in Kentucky resulted in the First and Second Battles of Cynthiana, which the author carefully researched and enhanced by new battlefield maps. Readers will learn of the central role of the county in the Union military defenses of the Kentucky Central Railroad corridor. The book also describes from both the soldiers’ and citizens’ viewpoints the Confederate army march through the county on the way to threaten Cincinnati in 1862. It also describes the recruiting activities of Union and Confederate supporters, and the controversial African American enrollments.

The Editor

2016 ◽  
Author(s):  
Kurt X. Metzmeier
Keyword(s):  
New Hampshire ◽  
State Legislature ◽  
The State ◽  
Andrew Jackson ◽  
High Quality ◽  
Court Of Appeals ◽  
Newspaper Editor ◽  
Henry Clay

James G. Dana was a politically attuned attorney and experienced newspaper editor. His paper had once owned the contract to publish the acts and journals of the state legislature. Dana was one of many educated easterners who immigrated to Kentucky to find their fortunes in the professions and in politics. The New Hampshire–born Dana maintained a law office in Frankfort while he edited the Commentator, the unabashed defender of the Old Court and Henry Clay, as well a spirited adversary of Amos Kendell’s Western Argus and the presidential ambitions of Andrew Jackson. In 1833 Dana would combine his two professions and begin his service as reporter of the Court of Appeals, eventually producing nine high-quality volumes.

The Judicialization of the Planning Process in São Paulo’s Informal Settlements: Enforcing Housing and Environmental Rights through the Courts?

2020 ◽  
pp. 0739456X2093516
Author(s):  
Ana Paula Pimentel Walker ◽  
María Arquero de Alarcón ◽  
Maria Fernanda Penha Machado ◽  
Juliana Lemes Avanci
Keyword(s):  
Planning Process ◽  
Separation Of Powers ◽  
Informal Settlements ◽  
The State ◽  
State Court ◽  
Constitutional Rights ◽  
Environmental Rights ◽  
Legal Cases ◽  
Court Of Appeals ◽  
Healthy Environment

This article examines claims about the judicialization of the planning process. How does the judiciary manage disputes between constitutional rights to housing and a healthy environment in São Paulo’s informal settlements? We scrutinize thirty-six legal cases from 2013 to 2016 in the State Court of Appeals, examining the litigants and their argumentations. The findings demonstrate judicial deference to planning. Court rulings defer to municipal plans by invoking separation of powers and budgetary constraints principles. The supremacy of the plan highlights the ethical responsibilities of educators and practitioners and has implications for housing and environmental activists in their organizing strategies.

scholarly journals Observations on MacDonald v. Moose

2017 ◽  
Author(s):  
Kevin C. Walsh
Keyword(s):  
The State ◽  
State Court ◽  
Oral Sex ◽  
Habeas Corpus ◽  
Criminal Conviction ◽  
Court Of Appeals ◽  
A Minor ◽  
The U.S

In MacDonald v. Moose, a split panel of the U.S. Court of Appeals for the Fourth Circuit granted a petition for a writ of habeas corpus to undo the state criminal conviction of an adult for soliciting oral sex from a minor. Based on Lawrence v. Texas, the court held a longstanding Virginia prohibition of bestiality and sodomy to be partially facially unconstitutional. Its decision left the bestiality prohibition untouched while holding the sodomy prohibition completely unenforceable, even as applied in cases involving minors.The panel majority misapplied the deferential standard of review required by Congress for federal habeas review of state court convictions. And the court's analysis further muddled the already confused doctrine surrounding facial and as-applied challenges. More fundamentally, the panel majority's concern about the supposed need to engage in a "drastic" "judicial reformation" of Virginia's law to render it compatible with Lawrence was simply misplaced. The court could have--and should have--easily applied Virginia's law together with Lawrence, just as the Virginia courts did in the decade between Lawrence and MacDonald.

KEGAGALAN PRIVATISASI BUMN DI ERA REZIM ORDE BARU DALAM PERSPEKTIF EKONOMI POLITIK

Wacana Publik ◽  
2019 ◽  
Vol 12 (02) ◽  
Author(s):  
Syamsul Ma'arif
Keyword(s):  
Market Economy ◽  
Free Market ◽  
Dominant Role ◽  
The State ◽  
Early Years ◽  
New Order ◽  
Free Market Economy ◽  
Economic Sectors ◽  
Role Of The State

After had being carried out nationalization and hostility against west countries, the New Order regime made important decision to change Indonesia economic direction from etatism system to free market economy. A set of policies were taken in order private sector could play major role in economic. However, when another economic sectors were reformed substantially, effords to reform the State Owned Enterprises had failed. The State Owned Enterprise, in fact, remained to play dominant role like early years of guided democracy era. Role of the State Owned Enterprises was more and more powerfull). The main problem of reforms finally lied on reality that vested interest of bureaucrats (civil or military) was so large that could’nt been overcome. 

Heads of International Organizations

2017 ◽  
Author(s):  
Xu Yi-chong ◽  
Patrick Weller
Keyword(s):  
International Organizations ◽  
Daily Basis ◽  
The State ◽  
State Representatives

This chapter first considers the means, from election to selection to nomination, by which IO leaders are (s)elected and the consequences of those methods. It is followed by a discussion on the qualities regarded as necessary for successful tenure, stressing the need for trust, expertise, and legitimacy. It then analyses the three roles that the leaders of IOs, to a greater or lesser extent, must play. They are diplomats dealing with state leaders and talking in international forums. They are politicians negotiating with the state representatives on a daily basis. They are managers heading an often large secretariat. How they balance these roles often determines their capacity to shape the outcomes of their organization.

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