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1 – 10 of over 25000
Book part
Publication date: 31 December 2010

John W. Wertheimer

This chapter explores the “Constitutional Revolution” of the 1930s, as it played out beyond the walls of the U.S. Supreme Court. It argues that a radically revised historical…

Abstract

This chapter explores the “Constitutional Revolution” of the 1930s, as it played out beyond the walls of the U.S. Supreme Court. It argues that a radically revised historical memory of the Constitution accompanied the ascent New Deal liberalism. Prior core values associated with the Constitution's history, such as federalism and the sanctity of private property, were dramatically downgraded, while the civil liberties embodied in the Bill of Rights dramatically rose. By so redefining their historical memory of the Constitution, Americans could enjoy the active government that most desired while still celebrating the constitutional traditions of individual freedom and limited government.

Details

Studies in Law, Politics and Society
Type: Book
ISBN: 978-0-85724-615-8

Book part
Publication date: 9 April 2003

Jonathan Goldberg-Hiller

The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court since 1977…

Abstract

The progressive limits to rights mobilization have become starkly apparent in the past two decades. No new suspect classes have been forthcoming from the Supreme Court since 1977 despite continued demands for legal recognition by lesbians and gays, indigenous peoples and others interested in expanding civil rights doctrine. Public tolerance for civil rights measures has likewise dried up. Since the 1960s, referenda on civil rights have halted affirmative action programs, limited school busing and housing discrimination protections, promoted English-only laws, limited AIDS policies, and ended the judicial recognition of same-sex marriage, among other issues. Nearly 80% of these referenda have had outcomes realizing the Madisonian fear of “majority tyranny”1 and signaling the Nietzschean dread of a politics of resentment (Brown, 1995, p. 214; Connolly, 1991, p. 64).

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Studies in Law, Politics and Society
Type: Book
ISBN: 978-1-84950-209-2

Article
Publication date: 1 January 1991

Bertram Gross

Why isn't the four letter word beginning with f— used in the title of this conference.

Abstract

Why isn't the four letter word beginning with f— used in the title of this conference.

Details

International Journal of Sociology and Social Policy, vol. 11 no. 1/2/3
Type: Research Article
ISSN: 0144-333X

Article
Publication date: 1 June 1981

Jo Carby‐Hall

Talking of newspapers Charles Prestwick Scott said “At the peril of its soul it must see that the supply is not tainted. Neither in what it gives, nor in what it does not give…

31

Abstract

Talking of newspapers Charles Prestwick Scott said “At the peril of its soul it must see that the supply is not tainted. Neither in what it gives, nor in what it does not give, nor in the mode of presentation, must the unclouded face of truth suffer wrong. Comment is free but facts are sacred.” The aim of this monograph is to adhere as closely as is possible to Mr Scott's opinion. As far as the facts of the proposed legislation are concerned, these will of course be untainted; the commentary which follows from these facts however, being free, proposes to examine and analyse the untainted factual supply.

Details

Managerial Law, vol. 23 no. 6
Type: Research Article
ISSN: 0309-0558

Article
Publication date: 1 April 2001

L. van Schalkwy

Years ago, the Katz Commission questioned the constitutionality of certain provisions of the Income Tax Act, 1962. The purpose of this article is to investigate the general…

Abstract

Years ago, the Katz Commission questioned the constitutionality of certain provisions of the Income Tax Act, 1962. The purpose of this article is to investigate the general principles of human rights litigation and the progress made to date in respect of rectifying the unconstitutional provisions of the Income Tax Act that were identified by the Katz Commission. It has been established that, although some unconstitutional provisions have been amended, others still prevail, and that, in the light of the factors identified, they will probably not be challenged successfully by taxpayers.

Details

Meditari Accountancy Research, vol. 9 no. 1
Type: Research Article
ISSN: 1022-2529

Keywords

Book part
Publication date: 30 September 2020

Katherine Eva Maich

Laws geared toward regulating the employment relationship cling to traditional definitions of workplaces, neglecting the domain of the home and those who work there. Domestic…

Abstract

Laws geared toward regulating the employment relationship cling to traditional definitions of workplaces, neglecting the domain of the home and those who work there. Domestic workers, a population of largely immigrant women of color, have performed labor inside of New York City's homes for centuries and yet have consistently been denied coverage under labor law protections at both the state and federal level. This article traces out the exclusions of domestic workers historically and then turn to a particular piece of legislation – the 2010 New York Domestic Worker Bill of Rights – which was the first law of its kind to regulate the household as a site of labor, therefore disrupting that long-standing pattern. However, the law falls short in granting basic worker protections to this particular group. Drawing from 52 in-depth interviews and analysis of legislative documents, The author argues that the problematics of the law can be understood by recognizing its embeddedness, or rather the broader political, legal, historical, and social ecology within which the law is embedded, which inhibited in a number of important ways the law's ability to work. This article shows how this plays out through the law obscuring the specificity of where this labor is performed – the home – as well as the demographic makeup of the immigrant women of color – the whom – performing it. Using the case study of domestic workers' recent inclusion into labor law coverage, this article urges a closer scrutiny of and attention to the changing nature of inequality, race, and gender present in employment relationships within the private household as well as found more generally throughout the low-wage sector.

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Rethinking Class and Social Difference
Type: Book
ISBN: 978-1-83982-020-5

Keywords

Abstract

Details

Documents from the History of Economic Thought
Type: Book
ISBN: 978-0-7623-1423-2

Article
Publication date: 12 June 2017

Werner Hans Keller and Xia Zhang

This paper aims to present a discussion to stimulate interest in further research by highlighting aspects of Ontario’s Environmental Bill of Rights and exploring whether parts can…

Abstract

Purpose

This paper aims to present a discussion to stimulate interest in further research by highlighting aspects of Ontario’s Environmental Bill of Rights and exploring whether parts can be transplanted to improve sustainability in China.

Design/methodology/approach

In this paper, the authors trace the evolution of environmental law in China after 1978, identify increased citizen participation as a path to improvement and provide an overview of purposes and means in Ontario’s Environmental Bill of Rights which may be a model to consider.

Findings

Ontario’s Environmental Bill of Rights may have aspects to be added to China’s legal toolbox warranting further research.

Research limitations/implications

While this descriptive review identifies possibilities, further work is required to apply legal concepts from one jurisdiction to another. Context and details of implementation warrant further attention.

Originality/value

This paper provides a platform from which further more detailed research may advance sustainability in China by considering a legal framework used by others to integrate the development of society, economy and environment.

Details

European Business Review, vol. 29 no. 4
Type: Research Article
ISSN: 0955-534X

Keywords

Article
Publication date: 1 March 1999

K.H. Spencer Pickett

Using the backdrop of an (apparently) extended visit to the West Indies, analogies with key concerns of internal audit are drawn. An unusual and refreshing way of exploring the…

39985

Abstract

Using the backdrop of an (apparently) extended visit to the West Indies, analogies with key concerns of internal audit are drawn. An unusual and refreshing way of exploring the main themes ‐ a discussion between Bill and Jack on tour in the islands ‐ forms the debate. Explores the concepts of control, necessary procedures, fraud and corruption, supporting systems, creativity and chaos, and building a corporate control facility.

Details

Management Decision, vol. 37 no. 2
Type: Research Article
ISSN: 0025-1747

Keywords

Article
Publication date: 1 June 1998

K.H. Spencer Pickett

Using the backdrop of an (apparently) extended visit to the West Indies, analogies with key concerns of internal audit are drawn. An unusual and refreshing way of exploring the…

38379

Abstract

Using the backdrop of an (apparently) extended visit to the West Indies, analogies with key concerns of internal audit are drawn. An unusual and refreshing way of exploring the main themes ‐ a discussion between Bill and Jack on tour in the islands ‐ forms the debate. Explores the concepts of control, necessary procedures, fraud and corruption, supporting systems, creativity and chaos, and building a corporate control facility.

Details

Managerial Auditing Journal, vol. 13 no. 4/5
Type: Research Article
ISSN: 0268-6902

Keywords

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