Conclusion

2016 ◽  
Author(s):  
Kurt X. Metzmeier
Keyword(s):  
State Government ◽  
Case Law ◽  
The State ◽  
The Public ◽  
The 1950S

By the late 1870s, Kentucky legislators recognized that the system of reporting developed by the nominative reporters had become so regularized that it could be absorbed into the (still undersized) machinery of state government. In 1878 a new law was passed that put the printing of reports in the hands of the public printer and retained copyright for the state. The existing nominative reports (including the much criticized Sneed’s Decisions and Thomas B. Monroe’s legally questionable second volume) were renumbered volumes 1–77 of the new Kentucky Reports. They soon faced an aggressive national competitor, West’s South Western Reporter, established in 1886. By the 1950s, the South Western Reporter had become so preferred that the state discontinued the official Kentucky Reports. Today, the Westlaw Next database contains all Kentucky case law from Hughes through the South Western Reporter.

Institutional pressures influencing environmental management accounting adoption by Malaysian local governments

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Che Ku Hisam Che Ku Kassim ◽  
Noor Liza Adnan ◽  
Roziani Ali
Keyword(s):  
Environmental Management ◽  
State Government ◽  
Local Governments ◽  
Management Accounting ◽  
The State ◽  
Institutional Pressures ◽  
Content Type ◽  
The Public ◽  
Reporting Practices ◽  
Environmental Management Accounting

Purpose Because of the heightened environmental awareness of the public, local governments (LGs) are being pressured to improve on the extent and quality of environmental disclosures (EDs) provided in an array of reporting media. The lack of an accounting tool to identify, measure and report EDs has propelled the infusion of environmental management accounting (EMA) to support the reporting practices. This paper aims to examine the institutional pressures influencing EMA adoption by Malaysian LGs. Design/methodology/approach Using the consensus approach, a self-administered questionnaire survey is conducted on accountants in LGs in Peninsular Malaysia. The items in the questionnaire are based on the findings of prior studies on EMA adoption. Findings The results suggest that coercive isomorphism from the state government is perceived to be the influential institutional factor placing intense pressures on LGs to adopt EMA. Research limitations/implications The results solidify the potential role of the state government in any public policy changes which could further stimulate and promote the adoption of EMA. Originality/value Insufficient empirical evidence on the adoption of EMA in LGs within a developing country’s perspective contributes to a limited understanding on the development of environmental-related practices in different economic stages and environment as well as within the public sector’s perspective.

scholarly journals The Development of Arkansas’ International Trade: Problems and Progress

1982 ◽  
Vol 2 ◽  
pp. 1-15
Author(s):  
Gene E. Bigler
Keyword(s):  
International Trade ◽  
The State ◽  
Public And Private ◽  
The Public ◽  
The 1950S ◽  
Made In

The importance of international exports for Arkansas' economy was recognized belatedly in the state; so, even though momentum was actually built in the 1950s, little additional progress was achieved until the late 1970s. This paper examines both the practical and structural conditions that have impeded the growth of Arkansas' exports and then reviews the progress that has been made in overcoming these obstacles. Contributions from the public and private sectors are considered, as well as problems of coordinating state and federal efforts in order to assist both the manufacturing and agricultural interests of the state.

scholarly journals Mediating bureaucrats: embedded economic action in the Mozambican sugar industry

2020 ◽  
Vol 58 (3) ◽  
pp. 337-360
Author(s):  
Lars Buur ◽  
Malin J. Nystrand
Keyword(s):  
Private Sector ◽  
State Government ◽  
Sugar Industry ◽  
The State ◽  
Reform Initiatives ◽  
One Dimensional ◽  
The Public ◽  
Economic Action ◽  
Conflicting Interests ◽  
The Government

ABSTRACTThis article develops the concept of ‘mediating bureaucrats’ by exploring their role during liberal reforms that led to rehabilitation of the sugar industry in Mozambique. By focusing on how relations between the state, government and business are mediated by a group of cadres who have occupied positions in different social domains, the article argues that these ‘mediating bureaucrats’ cannot easily be identified in one-dimensional terms as belonging to either the public or private sector, the state or the market. It is argued that as ‘socially embedded actors’, the group of ‘mediating bureaucrats’ are in a position to translate and mediate between diverse and sometimes conflicting interests and aspirations of the state, the government and business. We use the rehabilitation of the sugar industry in Mozambique to show how mediating bureaucrats adopted two practices – muddling through and translation – in order to straddle conflicting interests during different reform initiatives in post-independence Mozambique.

North Carolina’s Public Schools: Growth and Local Taxation

1985 ◽  
Vol 9 (3) ◽  
pp. 277-291
Author(s):  
Jonathan B. Pritchett
Keyword(s):  
Public Schools ◽  
State Government ◽  
White Students ◽  
School Boards ◽  
Black Children ◽  
The State ◽  
White Children ◽  
The Public ◽  
Black And White ◽  
White Schools

The Rapid increase in public spending for white schools that occurred in North Carolina after the turn of the century led to a large racial disparity in the amount spent per child by 1910. Previous scholars have attributed this racial difference in school spending to the disfranchisement of the black voter (Margo, 1982). It was argued that once blacks were prevented from voting, the white members of the school boards were able to divert the public funds which were initially allocated for the education of black children. The most widely accepted version of this theory is credited to Horace Mann Bond (1934) who studied education expenditures for black children in Alabama. Bond argued that the governmental level at which schools were financed was important in determining the racial division of public school funds since the white members of the county school boards were particularly inclined to divert the funds allocated by the state government. The state funds which were allocated to the local school boards in Alabama were not required to be shared equally between black and white students. After blacks had been disfranchised, the county school boards responded by allocating a disproportionate share of these state funds for the education of white children.

scholarly journals Crítica à interferência entre os poderes à luz da teoria de luhmann e a nova lei de abuso de autoridade

2020 ◽  
Vol 1 (1) ◽  
Author(s):  
Abel Dionizio Azeredo ◽  
Carlos Eduardo Soares Vaz
Keyword(s):  
State Government ◽  
Executive Branch ◽  
The State ◽  
Niklas Luhmann ◽  
The Public ◽  
Systemic Theory ◽  
Law And Politics ◽  
Relationship Of ◽  
The Relationship ◽  
State Context

<p><strong>Criticism of the interference between powers in the light of luhmann's theory and the new law of abuse of authority</strong></p><p><strong>RESUMO</strong>: O presente artigo busca explicar, à luz da teoria sistêmica de Luhmann, as interações entre Direito e Política, especificamente na relação de poderes no sistema estatal tripartite, culminando na nova lei de abuso de autoridade. Utiliza de metodologia baseada na análise de estudos teóricos, qualitativos e descritivos, através de levantamento de material bibliográfico quanto à teoria sistêmica de Niklas Luhmann aplicada ao contexto estatal brasileiro atual, podendo ser enquadrado no eixo temático Estado, Governo e Sociedade. A pesquisa expõe terminologias dos estudos de Luhmann e seus significados, para compreensão da teoria sistêmica, interligando-se em dois caminhos: a diferenciação entre Direito e Política e seu acoplamento estrutural, apresentando crítica quanto à interferência entre os poderes, especialmente a constituição de um Tribunal Político atuando nas políticas públicas reservadas à Administração Pública do Poder Executivo e, por outro lado, a atuação legiferante dos Poderes Executivo e Legislativo na limitação de atuação do Poder Judiciário, especialmente na recente nova lei de abuso de autoridade.</p><p><strong>Palavras-chaves</strong>: Poderes estatais, direito e política, teoria sistêmica de Niklas Luhmann, tribunal político, lei de abuso de autoridade.</p><p><strong>Abstract:</strong> This article seeks to explain, in the view of Luhmann's systemic theory, the interactions between Law and Politics, specifically in the relationship of powers in the state tripartite system, culminating in the new law of abuse of authority. It uses a methodology based on the analysis of theoretical, qualitative and descriptive studies, through the survey of bibliographic material regarding niklas Luhmann's systemic theory applied to the current Brazilian state context, and can be framed in the state, government and society thematic axis. The research exposes terminologies of Luhmann's studies and its meanings, to understand systemic theory, interconnecting in two paths: the differentiation between Law and Politics and its structural coupling, presenting criticism about the interference between the powers, especially the constitution of a Political Court acting in public policies reserved for the Public Administration of the Executive Branch and, on the other hand, the legiferante action of the Executive and Legislative Branches in limiting the judiciary, especially in the recent new law of abuse of authority.</p><p><strong>Keywords</strong>: State powers, law and politics, Niklas Luhmann systemic theory, political court, authority abuse law.</p><p><strong>Data da submissão: 03/11/2020</strong><br /><strong>Data da aceitação: 18/05/2020</strong></p>

IS THERE A FUTURE FOR STATE AGREEMENTS?

2005 ◽  
Vol 45 (1) ◽  
pp. 221
Author(s):  
A.G. Castledine ◽  
M. Lamattina
Keyword(s):  
State Government ◽  
Public Interest ◽  
State Regulation ◽  
Third Parties ◽  
The State ◽  
Third Party ◽  
Public Infrastructure ◽  
The Public ◽  
Political Risks ◽  
National Competition

State Agreements are agreements between private proponents and a State government which aim to facilitate the development of resources and processing projects and associated public infrastructure. State Agreements have been used extensively throughout Australia and each has been given varying levels of legislative recognition and effect, which in turn affects whether the rights and obligations arising under them have statutory or merely contractual effect. This ambiguity highlights the need to balance within State Agreements the private rights of the proponents with the public interest. The public interest critically involves third party rights to access infrastructure or services developed by proponents under the State Agreement. The introduction of National Competition Principles and regulatory regimes has affected the balance of these interests in favour of the public interest which has, in turn, led to a more stringent approach to State regulation under State Agreements. In particular, States are compelled through inter-governmental, federal and international competition and trade agreements to limit the extent to which it can negotiate its terms in a purely commercial way, embodying concessions in favour of proponents or preferences in favour of the State over other states or countries. Where a State Agreement expressly confers a benefit on third parties associated with access, third parties have successfully sought to enforce those benefits through the Courts, resulting in increased risks and costs for proponents that may not have been originally anticipated. Coupled with the political risks associated with changing governments and government policies, State Agreements, which have historically played a significant role in State development, are increasingly losing their ability to meet the commercial objectives of proponents.

Notes: ‘Observations’ on the State Capture judgment

2021 ◽  
Vol 138 (3) ◽  
pp. 477-500
Author(s):  
Michael Tsele
Keyword(s):  
South Africa ◽  
Case Law ◽  
The State ◽  
Controversial Issue ◽  
Court Decision ◽  
Constitutional Court ◽  
High Court ◽  
The Public ◽  
State Capture ◽  
The Law

This note concerns a controversial issue that has, surprisingly, received limited academic interrogation: whether the Public Protector has the power to instruct the President of South Africa to appoint a commission of inquiry. In this respect, I critique a high court decision which answered the question in the affirmative. I contend that the judgment contradicts prior case law, including Constitutional Court precedent. Thus, I argue that the court misconstrued the law on the President’s powers, particularly when it concluded that those powers are not purely discretionary but entail ‘responsibilities’ which are ‘coupled with a duty’. This reasoning led the court to conclude that the President thus has a constitutional ‘obligation’ to appoint a commission. In summary, I take issue with the court’s conclusion that the Public Protector has the power to instruct the President to appoint a commission of inquiry. I conclude that the decision caused uncertainty on the limitations of the Public Protector’s powers. I further say it is questionable whether the commission, better known as the ‘State Capture’ commission, was established lawfully.

scholarly journals Finding Captain Swing: Protest, Parish Relations, and the State of the Public Mind in 1830

2009 ◽  
Vol 54 (3) ◽  
pp. 429-458 ◽  
Author(s):  
Peter Jones
Keyword(s):  
The State ◽  
Combined Approach ◽  
Subsequent Work ◽  
Public Mind ◽  
The Public ◽  
Popular Protest ◽  
The 1950S ◽  
Nuanced Understanding

SummaryFrom the 1950s to the 1970s, the study of English popular protest was dominated by the work of Eric Hobsbawm, George Rudé, and Edward Thompson, and it is no exaggeration to suggest that their combined approach became the standard against which all subsequent work was judged. It was seminal, innovative and crucial to the emergence of a new “history from below”. But it was, to a degree, also formulaic: it relied on a trusted framework that historians have since struggled to deviate from. Through a detailed investigation of a set of disturbances in Berkshire, England during the so-called “Swing riots”, this essay seeks to demonstrate that a continued reliance on this model can be seen to have stifled a more nuanced understanding of particular “moments” of protest in the locality, and in doing so it places a much greater emphasis on local social – and in particular, parochial – relations than has previously been the case. In sum, within the context of late-Hanoverian popular protest, this essay is a plea for a new “history from within” to supplement the (now venerable) tradition of “history from below”.

Transparency in search of a theory

2015 ◽  
Vol 18 (2) ◽  
pp. 150-167 ◽  
Author(s):  
Mark Fenster
Keyword(s):  
Political Theory ◽  
State Government ◽  
The State ◽  
Theory And Practice ◽  
Government Information ◽  
State Information ◽  
The Public ◽  
Contemporary State ◽  
Control Information ◽  
Theoretical Assumptions

Transparency’s importance as an administrative norm seems self-evident. Prevailing ideals of political theory stipulate that the more visible government is, the more democratic, accountable, and legitimate it appears. The disclosure of state information consistently disappoints, however: there is never enough of it, while it often seems not to produce a truer democracy, a more accountable state, better policies, and a more contented populace. This gap between theory and practice suggests that the theoretical assumptions that provide the basis for transparency are wrong. This article argues that transparency is best understood as a theory of communication that excessively simplifies and thus is blind to the complexities of the contemporary state, government information, and the public. Taking them fully into account, the article argues, should lead us to question the state’s ability to control information, which in turn should make us question not only the improbability of the state making itself visible, but also the improbability of the state keeping itself secret.

scholarly journals Pendalilan Ayat Hukum dan Kaedah Fiqh dalam Penghujahan Fatwa Berkaitan DNA: Analisis Terhadap Fatwa Negeri Pulau Pinang

2018 ◽  
Vol 12 (1) ◽  
pp. 55-72
Author(s):  
Nurul Ain Anuar Shariff ◽  
Abdul Basir Mohamad
Keyword(s):  
Content Analysis ◽  
State Government ◽  
The State ◽  
Reference Source ◽  
Analysis Method ◽  
Reference Levels ◽  
The Public ◽  
Content Analysis Method

Ayat Hukm or Quranic Legal Verses which is contained therein fiqh rulings are an important source in issuing fatwas and resolve any problems that arise in past and the present. To achieve 'dalil' of Ayat Hukm that correct and appropriate, the Quran verses must be interpreted correctly thorough interpretation based on the books of Tafsir Ayat Al-Ahkam. Other sources that can be found in making a submission  as a reference source of minorities is well-known as Qawa'id Fiqhiyyah. Both of these sources can be arguments in the submissions of the fatwa issued by States Mufti Department in Malaysia. But when the fatwas decision was issued are generally too short and is not included with the arguments that led to that decision make it referred only by public but not for the researchers and students. Hence this study will find a 'using of dalil' and methods of fiqh which is appropriate for decisions related to DNA fatwa released by the State Mufti Department of Penang. Libraries and content analysis method used in this study to identify and describe the argument that according to the results matched with the fatwa. However, the author also conducted a kind of unstructured interviews with Mufti of Penang State Government to seek clarification on the issue. That arguments given hope will facilitate the public reference levels even strengthen the fatwa that had been decided. Keywords: Quran Legal Verses, Methods of Fiqh, Fatwa, DNA. ABSTRAK Ayat hukum atau ayat al-Quran yang terkandung di dalamnya hukum-hakam fiqh adalah salah satu sumber penting di dalam mengeluarkan fatwa dan menyelesaikan segala permasalahan yang timbul sejak dahulu hingga kini. Bagi mencapai pendalilan ayat hukum yang sesuai dan tepat, ayat al-Quran mesti diberi penafsiran yang halus serta teliti berpandukan kitab-kitab Tafsir Ayat al-Ahkam. Sumber lain yang boleh didapati dalam membuat sesuatu penghujahan adalah tidak lain iaitu kaedah fiqh yang tidak asing lagi mendapat tempat sebagai rujukan yang minoriti selain daripada sumber dalil-dalil yang disepakati. Kedua-dua sumber ini dapat menjadi dalil dalam penghujahan fatwa yang dikeluarkan oleh Jabatan Mufti Negeri-Negeri di Malaysia. Namun apabila didapati keputusan fatwa yang dikeluarkan umumnya terlalu ringkas dan tidak disertakan bersama dalil-dalil yang menguatkan fatwa menyebabkan keputusan itu hanya mudah dirujuk oleh orang awam namun tidak bagi pengkaji dan penuntut ilmu. Justeru kajian ini akan mencari pendalilan ayat hukum dan kaedah fiqh yang sesuai bagi keputusan fatwa berkaitan DNA yang dikeluarkan oleh Jabatan Mufti Negeri Pulau Pinang. Kaedah perpustakaan dan analisis kandungan digunakan di dalam kajian ini bagi mengenal pasti dan menghurai dalil yang sesuai bagi dipadankan bersama keputusan fatwa tersebut. Walaubagaimanapun, penulis juga telah mengadakan satu temubual tidak berstruktur bersama Mufti Kerajaan Negeri Pulau Pinang bagi mendapatkan penerangan terhadap isu. Dengan adanya dalil-dalil tersebut akan memudahkan segala peringkat awam membuat rujukan malah menguatkan fatwa yang telah diputuskan. Kata kunci: Ayat hukum, kaedah fiqh, fatwa, DNA.

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