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Under the doctrine of judicial review established by Marbury v. Madison (1803) and the Administrative Procedure Act (APA), courts retain the power and authority to review legislative and executive actions and rule on their constitutionality or legality. Courts may also review actions of judges and lower court decisions. This is an important and necessary action to maintain the checks and balances and separation of powers in the United States (U.S.) political system. It is also critical for providing legal oversight and accountability. This chapter will first look at judicial review historically including relevant statutes and cases, actions by the executive branch, and efforts by Congress.
Additionally, the chapter will examine the relationship between judicial review and public policy. Through laws passed by Congress or regulations enacted by federal agencies, these branches of government draft policies with the expectation the judicial branch will enforce them. The courts, however, are to uphold the Constitution first and foremost, and rule on the constitutionality of the laws and regulations. Judicial opinions can have the effect of creating policy, which is a different purpose than the Founding Fathers intended. After reviewing the court system, the chapter will examine several issue areas where the court has been shaped by and in turn influenced public policy.
Michael Holquist (1990), one of the commentators on Mikhail Bakhtin’s monumental work, stated flatly that “human existence is dialogue,” and Ivana Markova (2003) declared…
Michael Holquist (1990), one of the commentators on Mikhail Bakhtin’s monumental work, stated flatly that “human existence is dialogue,” and Ivana Markova (2003) declared that “dialogism is the ontology of humanity.” Bakhtin (1985;1986) himself said that such dialogues are conducted by using “speech genres.” From another angle Kenneth Burke asked, “What is involved when we say what people are doing and why they are doing it?” and claimed – and showed – that this question can be best answered by using what he called the “grammar of motives,” which consisted of a hexad of terms: act, attitude, scene, agent, agency, and purpose. In this chapter, I examine, by using various examples, how the Burkean grammar is used in the construction of one speech genre or the other to achieve rhetorically effective dialogic communication.
Purpose – People do not just interact, with each other; rather, they engage with each other using the visual and verbal instrumentations of communication at their…
Purpose – People do not just interact, with each other; rather, they engage with each other using the visual and verbal instrumentations of communication at their disposal, constructing meaningful and intelligible conversations with differing degrees of precision of intention and clarity of expression. In doing this, they employ the “fundamental features of language,” described in various semiotic and structuralist theories.
Methodology – Here, we synthesize and integrate the key aspects of these language theories in an attempt to apply them to everyday conversations. The language features in question are routinely put into play by human agents to convey attitudes, emotions, opinions, and information and to achieve an engagement with the other.
Findings – Human relations, expansive in their range and intricate in their forms, demand complex instrumentations with which to conduct them. These instrumentations are essential features of the linguistic socialization of human agents, integral to both memory and habits of speech.
The action taken by the Council of the British Medical Association in promoting a Bill to reconstitute the Local Government Board will, it is to be hoped, receive the strong support of public authorities and of all who are in any way interested in the efficient administration of the laws which, directly or indirectly, have a bearing on the health and general well‐being of the people. In the memorandum which precedes the draft of the Bill in question it is pointed out that the present “Board” is not, and probably never was, intended to be a working body for the despatch of business, that it is believed never to have met that the work of this department of State is growing in variety and importance, and that such work can only be satisfactorily transacted with the aid of persons possessing high professional qualifications, who, instead of being, as at present, merely the servants of the “Board” tendering advice only on invitation, would be able to initiate action in any direction deemed desirable. The British Medical Association have approached the matter from a medical point of view—as might naturally have been expected—and this course of action makes a somewhat weak plank in the platform of the reformers. The fourth clause of the draft of the Bill proposes that there should be four “additional” members of the Board, and that, of such additional members, one should be a barrister or solicitor, one a qualified medical officer of health, one a member of the Institution of Civil Engineers, and one a person experienced in the administration of the Poor‐law Acts. The work of the Local Government Board, however, is not confined to dealing with medical, engineering, and Poor‐law questions, and the presence of one or more fully‐qualified scientific experts would be absolutely necessary to secure the efficient administration of the food laws and the proper and adequate consideration of matters relating to water supply and sewage disposal. The popular notion still exists that the “doctor” is a universal scientific genius, and that, as the possessor of scientific knowledge and acumen, the next best article is the proprietor of the shop in the window of which are exhibited some three or four bottles of brilliantly‐coloured liquids inscribed with mysterious symbols. The influence of these popular ideas is to be seen in the tendency often exhibited by public authorities and even occasionally by the legislature and by Government departments to expect and call upon medical men to perform duties which neither by training nor by experience they are qualified to undertake. Medical Officers of Health of standing, and medical men of intelligence and repute are the last persons to wish to arrogate to themselves the possession of universal knowledge and capacity, and it is unfair and ridiculous to thrust work upon them which can only be properly carried out by specialists. If the Local Government Board is to be reconstituted and made a thing of life—and in the public interest it is urgently necessary that this should be done—the new department should comprise experts of the first rank in all the branches of science from which the knowledge essential for efficient administration can be drawn.
Human agents are constantly using “symbols,” according to G. H. Mead, or “signs,” as C. S. Peirce called them, to engage in what Mikhail Bakhtin has called “dialogues”…
Human agents are constantly using “symbols,” according to G. H. Mead, or “signs,” as C. S. Peirce called them, to engage in what Mikhail Bakhtin has called “dialogues” with each other or with the environment. Such vehicles of communication are not freestanding ones but are drawn from specific and demarcated discursive formations. So drawn, these vehicles are then put to use, as Kenneth Burke has shown in his dramatistic perspective on human social life, as agencies used by human agents to construct acts, in defined situations or scenes – that is social situations and physical locations – to display given attitudes, in order to fulfill one purpose or another. Every human move that an individual makes has these Burkean features. Such moves are used to engage in either convivial dramas or confrontational ones.
The importance of sanitary conditions in the production, manufacture, and distribution of foods was never greater than to‐day, for less of the food consumed by the individual is produced and prepared at home than ever before; and likewise, the necessity for sanitary laws in regard to foods was never more keenly realised. The disclosures of the insanitary conditions in our packing houses, exaggerated in many instances, has aroused public indignation. The newspapers added fuel to the flame by rehashing every case in recent history containing anything gruesome or revolting in connection with the preparation of food products. These reports, appearing day after day in the newspapers, gave the public the false impression that the manufacture of human bodies into food products was a matter of not uncommon occurrence, and that insanitary conditions prevailed in the manufacture of most foods. The discussion was continued until not only this country, but Europe, looked with suspicion on the food products of the United States.
Observes that line managers are the group most concerned with success attheir jobs. Looks at how being an effective line manager is of theutmost importance. Argues that…
Observes that line managers are the group most concerned with success at their jobs. Looks at how being an effective line manager is of the utmost importance. Argues that managers cannot be counsellors but they need to build up counselling skills even though remaining a manager. Shows that line managers will not find counselling in the workplace comes easy for them.