The Watchdog of the Lakefront

2021 ◽  
pp. 83-127
Author(s):  
Joseph D. Kearney ◽  
Thomas W. Merrill
Keyword(s):  
The United States ◽  
Private Landowner ◽  
The Public ◽  
World's Columbian Exposition ◽  
The Supreme Court ◽  
Property Owners ◽  
Columbian Exposition ◽  
Michigan Avenue ◽  
The Right

This chapter discusses the role of the Michigan Avenue property owners (or the Prairie Avenue owners) in opposing the ambitions of the Illinois Central Railroad on the lakefront. It examines how they became instrumental in blocking plans to locate the World's Columbian Exposition in Lake Park, and helped scuttle any number of settlement possibilities that would have allowed an expansion of the railroad's harbor facilities in the lake. The chapter highlights the Michigan Avenue owners' efforts to preserve the value of their property, and introduces the antagonists they had to contend with as Lake Park began to grow through additional landfilling and proposals proliferated to fill the lakefront with exhibition halls, armories, libraries, and museums. It investigates how the Michigan Avenue owners employed a legal tool called public dedication doctrine against proposed buildings in the park. The chapter refers to the public dedication doctrine as the right of a private landowner to enforce statements on publicly recorded plats and maps that certain lands will be devoted to public uses, such as streets, public squares, or parks. Ultimately, the chapter describes a growing number of precedents endorsing the public dedication doctrine from other jurisdictions — including several prominent decisions of the Supreme Court of the United States.

6 Extraterritorial Application of U.S. Law

2020 ◽  
Author(s):  
Bradley Curtis A
Keyword(s):  
Due Process ◽  
The United States ◽  
Criminal Prosecution ◽  
Constitutional Rights ◽  
Habeas Corpus ◽  
State Laws ◽  
Guantanamo Bay ◽  
The Supreme Court ◽  
The Right

This chapter considers the application of federal and state law to conduct that takes place outside the territory of the United States. It begins by discussing the territorial scope of U.S. constitutional rights. Special consideration is given to the extraterritorial application of the right of habeas corpus in light of the Supreme Court’s 2008 decision in Boumediene v. Bush, concerning the habeas corpus rights of detainees at the Guantanamo Bay naval base in Cuba. The chapter then discusses the “presumption against extraterritoriality” that the Supreme Court applies when interpreting federal statutes. For situations in which the presumption is overcome or is inapplicable, the chapter explains how customary international law principles relating to prescriptive jurisdiction can be relevant in U.S. litigation through application of the Charming Betsy canon of construction. In addition, the chapter discusses the role of “universal jurisdiction” in U.S. litigation and criminal prosecution. Possible constitutional limitations on the extraterritorial application of both federal statutes and state laws, based on due process and other considerations, are also considered.

scholarly journals A QUEBRA DE PARADIGMAS DO SUPREMO TRIBUNAL FEDERAL EM DIREITO À SAÚDE E A AUSÊNCIA DA CONSISTÊNCIA TEÓRICA

2020 ◽  
Vol 2 (59) ◽  
pp. 377
Author(s):  
Ferado Rister de Sousa LIMA
Keyword(s):  
Supreme Court ◽  
Medical Science ◽  
Federal Court ◽  
Right To Health ◽  
The Public ◽  
New Concepts ◽  
The Supreme Court ◽  
Public Money ◽  
The Right

RESUMO Objetivo: O estudo objetiva analisar as decisões do Supremo Tribunal Federal, com o propósito de identificar julgamentos proferidos no período de 2010 a 2013, e verificar se houve incorporação de novos conceitos sobre o direito à saúde na sua jurisprudência. Metodologia: A metodologia empregada é a pesquisa bibliográfica, por meio da análise de decisões jurisprudenciais do Supremo Tribunal Federal, delimitada ao período de 2010 a 2013. Resultados: A leitura dos acórdãos denota como direta ou indiretamente estão fundamentados na ausência dos parâmetros. É possível também falar-se em novos parâmetros e não em ausência de critérios. Prefere-se a ausência de critérios ante o entendimento de que os rígidos pontos de partida anteriores moldaram por décadas a atuação judicial e a sua retirada acabou fragilizando a argumentação jurídica, a ponto de não se discutirem questões pertinentes. Os acórdãos dispõem em oferecer esperança como fonte de cura. Uma linguagem muito longínqua da ciência médica e sem qualquer critério de gestão do dinheiro público instaurou-se nos novos julgamentos da Corte. A ausência de consistência jurídica fica também evidenciada com a completa despreocupação em enfrentar a argumentação jurídica oferecida pela política. Tudo está tão conforme os novos conceitos que não se justifica argumentar ou enfrentar as teses jurídicas da Administração Pública. Eis o novo paradigma jurisdicional em direito à saúde. Contribuições: A contribuição central do presente trabalho está na análise de decisões da Suprema Corte a fim de identificar o tratamento dado a questões de direito à saúde.Palavras-chave: Ministros proativos; nova racionalidade; jurisprudência do Supremo Tribunal Federal; papel do Direito. ABSTRACT Objective: The study aims to analyze the decisions of the Supreme Federal Court, with the purpose of identifying judgments handed down from 2010 to 2013, and to verify whether new concepts about the right to health have been incorporated into its jurisprudence. Methodology: The methodology used is bibliographic research, through the analysis of jurisprudential decisions of the Federal Supreme Court, limited to the period from 2010 to 2013. Results: The reading of the judgments shows how directly or indirectly they are based on the absence of parameters. It is also possible to talk about new parameters and not in the absence of criteria. The absence of criteria is preferred due to the understanding that previous rigid starting points have shaped judicial action for decades and its withdrawal has weakened the legal argument, to the point of not discussing relevant issues. Judgments offer hope as a source of healing. A very distant language of medical science and without any criterion for the management of public money was established in the Court's new judgments. The lack of legal consistency is also evidenced by the complete lack of concern in facing the legal arguments offered by the politics. Everything is so in line with the new concepts that there is no reason to argue or face the legal theses of the Public Administration. This is the new jurisdictional paradigm in the right to health. Contributions:The central contribution of the present paper is the analysis of the Supreme Court decisions in order to identify the treatment given to issues of right to  health. Keywords: Proactive ministers; new rationality; jurisprudence of the Supreme Federal Court; role of law.

Conclusion

2022 ◽  
pp. 296-317
Keyword(s):  
Supreme Court ◽  
National Policy ◽  
The United States ◽  
Religious Groups ◽  
Same Sex Couples ◽  
The Supreme Court ◽  
Political Selection ◽  
The Right ◽  
The U.S

This chapter summarizes the role of the U.S. Supreme Court as a national policy-making institution. As the final arbiter of law in the United States, the nine unelected justices of the Supreme Court contend their attitudes and decisions are tied to the political selection of justices. Extending the right to marry to same-sex couples through judicial means ignited a backlash in which religious groups and individuals turned to legislative solutions to contest the court's decision and its obligation to recognize marriage equality. Today, the same types of claims that once justified anti-LGBTQ laws are being used to advocate for religious and moral exemptions from laws designed to protect the dignity of LGBTQ people. With this turn back to religion, the cycle of subordination has come full circle. Future decision making from the court to extend the rights of LGBTQ citizens is directly tied to the changing composition of its members.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

Pre-Rehearsal Questions of Performance Tradition and Play-Selection

2018 ◽  
Author(s):  
Kathleen Jeffs
Keyword(s):  
Golden Age ◽  
Selection Process ◽  
The United States ◽  
Spanish Golden Age ◽  
Royal Shakespeare Company ◽  
The Public ◽  
Performance Tradition ◽  
Performance Traditions ◽  
Public Consciousness

This chapter asks the questions: ‘what is the Spanish Golden Age and why should we stage its plays now?’ The Royal Shakespeare Company (RSC) Spanish season of 2004–5 came at a particularly ripe time for Golden Age plays to enter the public consciousness. This chapter introduces the Golden Age period and authors whose works were chosen for the season, and the performance traditions from the corrales of Spain to festivals in the United States. The chapter then treats the decision taken by the RSC to initiate a Golden Age season, delves into the play-selection process, and discusses the role of the literal translator in this first step towards a season. Then the chapter looks at ‘the ones that got away’, the plays that almost made the cut for production, and other worthy scripts from this period that deserve consideration for future productions.

Public perceptions of who counts as a scientist for controversial science

2019 ◽  
Vol 28 (7) ◽  
pp. 797-811 ◽  
Author(s):  
Brianne Suldovsky ◽  
Asheley Landrum ◽  
Natalie Jomini Stroud
Keyword(s):  
Climate Change ◽  
Media Coverage ◽  
Political Ideology ◽  
Genetically Modified Organisms ◽  
The United States ◽  
Public Perceptions ◽  
The Public ◽  
The Us ◽  
Science Media

In an era where expertise is increasingly critiqued, this study draws from the research on expertise and scientist stereotyping to explore who the public considers to be a scientist in the context of media coverage about climate change and genetically modified organisms. Using survey data from the United States, we find that political ideology and science knowledge affect who the US public believes is a scientist in these domains. Our results suggest important differences in the role of science media attention and science media selection in the publics “scientist” labeling. In addition, we replicate previous work and find that compared to other people who work in science, those with PhDs in Biology and Chemistry are most commonly seen as scientists.

Constitutional Law in 1942–1943: The Constitutional Decisions of the Supreme Court of the United States in the October Term, 1942

1944 ◽  
Vol 38 (2) ◽  
pp. 266-288
Author(s):  
Robert E. Cushman
Keyword(s):  
United States ◽  
Supreme Court ◽  
West Coast ◽  
The United States ◽  
Japanese American ◽  
Circuit Court ◽  
Court Of Appeals ◽  
The Supreme Court ◽  
Set Up ◽  
The Right

On February 15, 1943, Wiley B. Rutledge, Jr., a judge of the United States Circuit Court of Appeals for the District of Columbia, took the seat on the Supreme Court vacated by the resignation in October, 1942, of Mr. Justice Byrnes. There were no other changes in the Court's personnel. Disagreement among the justices abated somewhat. In only a dozen cases of importance did either four or three justices dissent, as against some thirty cases in the last term. The Court overruled two earlier decisions, both recent; and the reversal in each case was made possible by the vote of Mr. Justice Rutledge.A. QUESTIONS OF NATIONAL POWER1. WAR POWER-CIVIL VERSUS MILITARY AUTHORITYWest Coast Curfew Applied to Japanese-American Citizens. In February, 1942, the President issued Executive Order No. 9066, which authorized the creation of military areas from which any or all persons might be excluded and with respect to which the right of persons to enter, remain in, or leave should be subject to such regulations as the military authorities might prescribe. On March 2, the entire West Coast to an average depth of forty miles was set up as Military Area No. 1 by the Commanding General in that area, and the intention was announced to evacuate from it persons of suspected loyalty, alien enemies, and all persons, aliens and citizens alike, of Japanese ancestry.

The role of financial analysis using financial models to predict the financial stumble on the Saudi public utilities sector: An applied study: دور التحليل المالي باستخدام النماذج المالية للتنبؤ بالتعثر المالي على قطاع المرافق العامة السعودية: دراسة تطبيقية

2020 ◽  
Vol 4 (14) ◽  
Author(s):  
Najla Ibrahim Abdulrahman, Fatimah Ibrahim Alkhamis
Keyword(s):  
Capital Market ◽  
Analytical Approach ◽  
Financial Models ◽  
Financial Analysis ◽  
Public Utilities ◽  
The Public ◽  
Insurance Sector ◽  
Applied Study ◽  
The Right

This study aimed to find out the role of financial analysis using financial models to predict the financial stumble on the Saudi public utilities sector. The study was based on the financial analysis of the financial lists published by the sample of the study of the Gas and Manufacturing Company (Gasco) and the Saudi Electricity Company listed in the Saudi Capital Market Authority. During the period (2009-2018) I followed the descriptive analytical approach. The study found the effectiveness of the Abdul Rahman model to predict the financial stumble on the public utilities sector, and the low effectiveness of the Altman model and the Kida model to predict financial stumbles on the utility sector. The study also recommended encouraging audit offices to add financial analysis services to the possibility of predicting and addressing financial stumbles, directing companies using financial models that help predict financial stumbles, encouraging investors to use financial models that help predict financial stumbles to make the right decision, and directing researchers in the study of financial default forecasting on the insurance sector using the Abdul Rahman model.

Of Digital Images and Digital Media

2018 ◽  
Vol 21 (3) ◽  
pp. 74-102
Author(s):  
Nicole Karapanagiotis
Keyword(s):  
United States ◽  
New Jersey ◽  
Digital Media ◽  
Digital Images ◽  
The United States ◽  
Digital Marketing ◽  
The Public ◽  
Media Imagery

This article is a theoretical and ethnographic investigation of the role of marketing and branding within the contemporary ISKCON movement in the United States. In it, I examine the digital marketing enterprises of two prominent ISKCON temples: ISKCON of New Jersey and ISKCON of D.C. I argue that by attending to the vastly different ways in which these temples present and portray ISKCON online—including the markedly different media imagery by which they aim to draw the attention of the public—we can learn about an ideological divide concerning marketing within American ISKCON. This divide, I argue, highlights different ideas regarding how potential newcomers become attracted to ISKCON. It also illuminates an unexplored facet of the heterogeneity of American ISKCON, principally in terms of the movement’s public face.

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