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Book part
Publication date: 10 February 2012

Kevin H. Wozniak

Legislative action was historically the means by which U.S. states abolished capital punishment, but such action ceased for decades following the Supreme Court's 1976 Gregg…

Abstract

Legislative action was historically the means by which U.S. states abolished capital punishment, but such action ceased for decades following the Supreme Court's 1976 Gregg decision that reaffirmed the constitutionality of the death penalty. Despite the fact that several legislatures have considered abolition bills in the modern era, only three states successfully enacted such legislation. It is my purpose in this study to analyze why states are currently struggling to pass abolition legislation and to determine which factors contribute to success. I conduct a comparative, qualitative case study of New Jersey, the first state to legislatively abolish since 1976, and Maryland, a similar state whose abolition effort recently failed. I analyze the content of legislators’ debates about the abolition bills in committee and on the legislature floor, as well as news coverage of the abolition efforts in each state's largest newspapers. I reach two primary conclusions. First, an abolition bill is more likely to be passed by Democrats than Republicans, but unified Democratic control of the government is not a sufficient condition for abolition. Second, arguments about the risk of wrongful executions and the deleterious collateral consequences of the death penalty process on the family members of murder victims are powerful sources of political support for abolition, especially where doubts about the deterrent effect of the death penalty are widespread. This study reaffirms the central importance of the innocence frame in the modern death penalty debate, and it presents the first scholarly analysis of the collateral consequences frame. These findings may help activists in the abolition movement more effectively frame their arguments to appeal to legislators.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78052-622-5

Article
Publication date: 3 July 2023

Kia Turner, Darion Wallace, Danielle Miles-Langaigne and Essence Deras

This study aims to present radical abolition studies, which encourages us to (re)member that the abolition of institutions and systems is incomplete without the abolition of their…

Abstract

Purpose

This study aims to present radical abolition studies, which encourages us to (re)member that the abolition of institutions and systems is incomplete without the abolition of their attendant epistemes of domination. The authors draw on the etymology of the word radical to encourage abolitionist praxis to grab systemic harm at its epistemological roots. Within radical abolition studies, this study presents Black abolition theory, which aims to make explicit a theorization of Blackness and works to abolish the episteme of anti-Blackness.

Design/methodology/approach

This paper offers Black abolition theory within radical abolition studies to reground abolition in its Black theoretical roots and to interrogate the concept of anti-Blackness and other epistemes of domination in abolitionist study and practice. Using a close reading of W.E.B. Du Bois’ Black Reconstruction, and subsequent books and articles in abolition studies and educational studies that reference it, the authors highlight Du Bois’ original conceptualization of abolitionism as an ultimate refutation of a racial-social order and anti-Blackness. The authors then put Michael Dumas and kihana ross’ theory of BlackCrit into conversation with abolitionist and educational theory to push forward Black abolition theory.

Findings

Radical abolition studies and its attendant strand of Black abolition theory presented in this paper encourages scholars and practitioners to go beyond the dismantling of current instantiations of systemic harm for Black and other minoritized people – such as the school as it currently operates – and encourages the questioning and dismantling of the epistemes of domination sitting at the foundation of these systems of harm.

Originality/value

Black abolition theory contextualizes abolition in education by rooting abolitionist educational praxis in Black lineages. More generally, radical abolition studies encourages further research, study and collaboration in partnership with others who have historically participated in the fight against being labeled as subhuman to upend all epistemes of domination.

Details

Journal for Multicultural Education, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 2053-535X

Keywords

Article
Publication date: 26 February 2018

Hinrich Schulte and Oliver Musshoff

The expected increase in milk price volatility after the milk quota abolition in the EU will lead to further planning uncertainty on dairy farms. Consequently, the modest supply…

Abstract

Purpose

The expected increase in milk price volatility after the milk quota abolition in the EU will lead to further planning uncertainty on dairy farms. Consequently, the modest supply of insurance and the hedging of milk prices through futures may increase. To shed more light on this possibility, the purpose of this paper is to calculate the additional willingness to pay (WTP) for risk-averse dairy farmers in order to cope with milk price volatility after the quota abolition.

Design/methodology/approach

After the European dairy quota abolition, European dairy farmers will be more dependent on the milk price of the world market. To reflect the world market, a time series of milk prices of a dairy processor from New Zealand (NZ) was used because NZ is exporting most of their dairy products under world market conditions. Based on the NZ price series, we approximated milk price volatility after the European dairy quota abolition and calculated the additional WTP of risk-averse dairy farmers in order to cope with milk price volatility.

Findings

Using a price series of NZ to approximate milk price volatility after the European dairy quota abolition and comparing it with a German milk price series before quota, the results suggest there might be increased WTP after the milk quota abolition in order to cope with milk price volatility. Following this assumption, the WTP of considerable risk-averse dairy farmers may exceed the initial transaction costs of hedging milk prices with futures on commodity exchanges. Nevertheless, a qualitative discussion of the results shows costs of education, basis risk, and the small size of farms could still keep dairy farmers from hedging the milk price.

Originality/value

In calculating the additional WTP for risk-averse dairy farmers to cope with milk price volatility, this is the first study to attempt to illustrate the expected influence of increasing milk price volatility at the dairy farm level after the dairy quota abolition in the EU. The additional WTP gives further insights into the need for and acceptance of insurance after the dairy quota abolition at the dairy farm level.

Details

Agricultural Finance Review, vol. 78 no. 2
Type: Research Article
ISSN: 0002-1466

Keywords

Article
Publication date: 6 July 2012

Akintola Akintoye, Suresh Renukappa and Hamish Lal

The UK construction industry has been at the forefront of finding efficient, cost‐effective and fair methods of resolving disputes. Therefore, to ensure the 1996 Act is more…

Abstract

Purpose

The UK construction industry has been at the forefront of finding efficient, cost‐effective and fair methods of resolving disputes. Therefore, to ensure the 1996 Act is more effective in achieving its intended objective, the new Act came into force on the 1 October 2011 in England and Wales, and 1 November 2011 in Scotland. The purpose of this paper is to explore one of the most important amendments in the new Act, the abolition of the “contract in writing” rule. The extent to which the UK industry is aware of the likely implications of the abolition of the “contracts in writing” rule in the new Act on the adjudication has not been empirically explored – which is the core raison d'être of this paper.

Design/methodology/approach

A web‐based, online questionnaire survey method was employed to collect data. Descriptive analysis was used to analyse the data obtained from the 102 completed and usable questionnaires for inference and conclusion. This research employed t‐tests to compare means of small to medium‐sized enterprises (SMEs) and large organisations.

Findings

The findings suggests that the UK construction industry is well aware of the abolition of the “contracts in writing” rule in the new Act and the industry perception is that it is good for their business. The survey revealed that the amended rule in the new Act would significantly increase number of adjudications, number of hearings before the adjudicator, assessment of witness evidence, costs of the adjudication process, and timescale of an adjudication process. The three most important challenges to the adjudication process with the amended rule in the new Act include: assessment of wholly oral or partly oral contract terms that were agreed, availability of evidence, and availability of information. There are no significant statistical variations between the responses of the SMEs and large organisations.

Practical implications

The paper concludes that the new Act will have significant impact on the UK adjudication. Therefore, the UK industry urgently needs to adopt and become accustomed to quite significant changes in the new Act. It is advised that an industry‐wide awareness‐raising programme on the new Act needs to be developed and deployed.

Originality/value

The paper improves understanding and awareness of the construction industry professionals regarding the likely implications of the abolition of the “contracts in writing” rule in the new Act on the adjudication.

Details

International Journal of Law in the Built Environment, vol. 4 no. 2
Type: Research Article
ISSN: 1756-1450

Keywords

Article
Publication date: 1 May 1993

B. Callaghan and R. Jones

The TUC is opposed to the decision by the British Government toabolish wages councils, which if successful will worsen the pay andconditions of the 2.6 million workers covered by…

Abstract

The TUC is opposed to the decision by the British Government to abolish wages councils, which if successful will worsen the pay and conditions of the 2.6 million workers covered by them, and many other low paid workers who use the rates set as reference points. Drawing on theoretical literature and empirical research, explores the arguments for and against abolition and discusses the case for a statutory national minimum wage. Concludes by arguing that the case for abolition is far from proven on economic and social grounds, and that the introduction of a statutory national minimum wage, combined with other active labour market intervention by the Government, is needed to overcome the problem of low pay.

Details

International Journal of Manpower, vol. 14 no. 5
Type: Research Article
ISSN: 0143-7720

Keywords

Book part
Publication date: 9 August 2023

Thalia Anthony and Vicki Chartrand

Over the past decade, criminology in Australia, Canada and other settler colonies has increasingly engaged with activist challenges to the penal system. These anti-carceral…

Abstract

Over the past decade, criminology in Australia, Canada and other settler colonies has increasingly engaged with activist challenges to the penal system. These anti-carceral engagements have been levelled at its laws, institutions and agents. Following a long history of criminology explicating and buttressing penal institutions, the criminological gaze slowly transitioned in the 1970s to a more critical lens, shifting focus from the people who are criminalised to the harms of the apparatus that criminalises. However, the focus remained steadfastly on institutions and dominant players – until much more recently. The COVID-19 pandemic has revealed the strength of activist organisations and grassroots movements in affecting change and shaping debates in relation to the penal system. This chapter will explore the role of activism in informing criminological scholarship during the pandemic period and how criminologists, in turn, have increasingly recognised the need to build alliances and collaborations with grassroots activists and engage in their own activism. The chapter focuses primarily on Australian and Canadian criminology and its growing imbrication with the prison abolition movement, especially in the shadow of ongoing colonial violence. It considers how activist scholars, including ourselves, attempt to build movements for structural change in the criminal system and beyond.

Details

The Emerald International Handbook of Activist Criminology
Type: Book
ISBN: 978-1-80262-199-0

Keywords

Book part
Publication date: 30 September 2021

Mishal Khan

The abolition of slavery in the British Empire demanded a complete transformation of the global legal and political order. Focusing on British India, this chapter argues that this…

Abstract

The abolition of slavery in the British Empire demanded a complete transformation of the global legal and political order. Focusing on British India, this chapter argues that this restructuring was, in and of itself, a vital racial project that played out on a global stage. Examining these dynamics over the nineteenth century, I trace how this project unfolded from the vantage point of the Bombay Presidency and the western coast of India, tightly integrated into Indian Ocean networks trading goods, ideas, and, of course, peoples. I show how Shidis – African origin groups in South Asia and across the Middle East – were almost the sole subjects of British antislavery interventions in India after abolition. This association was intensified over the nineteenth century as Indian slavery was simultaneously reconfigured to recede from view. This chapter establishes these dynamics empirically by examining a dataset of encounters at borders, ports, and transit hubs, showing how the legal and political regime that emerged after abolition forged novel configurations around “race” and “slavery.” Documenting these “benign” encounters shifts attention to the racializing dimensions of imperial abolition, rather than enslavement. Once “freed,” the administrative and bureaucratic apparatus that monitored and managed Shidis inscribed this identity into the knowledge regime of the colonial state resulting in the long-term racialization of Shidis in South Asia, the effects of which are still present today.

Details

Global Historical Sociology of Race and Racism
Type: Book
ISBN: 978-1-80117-219-6

Keywords

Article
Publication date: 1 July 1979

Christina Fulop and Tim March

Compares and contrasts the effects of the resale price maintenance abolition of 1964 emerging in different products and markets, with particular emphasis on the furniture and…

Abstract

Compares and contrasts the effects of the resale price maintenance abolition of 1964 emerging in different products and markets, with particular emphasis on the furniture and footwear trades. Finds that the furniture trade has been more significantly affected, with a higher consciousness of consumer needs among its retailers.

Details

European Journal of Marketing, vol. 13 no. 7
Type: Research Article
ISSN: 0309-0566

Keywords

Article
Publication date: 1 September 1996

Nicholas Radiven, Nicholas Radiven and Rosemary Lucas

Reports on a project measuring the impact of the abolition of minimum rates of pay on pay rates and the methods used to determine pay in the hotel sector. Places emphasis on…

1496

Abstract

Reports on a project measuring the impact of the abolition of minimum rates of pay on pay rates and the methods used to determine pay in the hotel sector. Places emphasis on differences between small independently managed hotels and hotels operated as part of a nationwide chain. Following abolition, rates of pay have been found to have declined throughout the industry with the rate of decline more appreciable in small rather than group‐ operated hotels. Illustrates that the pay policy of small hotels was heavily influenced by the former statutory requirements and that as a result of their withdrawal, pay rates have fallen. Reports that a relationship between the criteria used to determine pay and pay outcomes also seems to exist. Also notes that group hotels take into account a wider range of factors than small hotels which place greater emphasis on internal considerations. Concludes that size and ownership of establishment as a structural characteristic impacts on pay levels and pay policy within the hotel sector.

Details

International Journal of Contemporary Hospitality Management, vol. 8 no. 5
Type: Research Article
ISSN: 0959-6119

Keywords

Book part
Publication date: 18 January 2008

Bharat Malkani

This chapter addresses the possible consequences of the United States Supreme Court's increasing attention to international and foreign human rights law in its death penalty…

Abstract

This chapter addresses the possible consequences of the United States Supreme Court's increasing attention to international and foreign human rights law in its death penalty jurisprudence, particularly with respect to the Eighth Amendment. I question the belief of those commentators who argue that such attention might assist with efforts to abolish the death penalty in the United States, and argue instead that the perceived threat to state sovereignty that the invocation of international and foreign human rights law poses might result in attempts to retain the death penalty as a means of reasserting state autonomy.

Details

Special Issue: Is the Death Penalty Dying?
Type: Book
ISBN: 978-0-7623-1467-6

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