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Book part
Publication date: 6 May 2003

Mary Jane Rootes

Robert Hauptman first raised awareness about the ethical issues of reference service in 1976. Hauptman, a library school student at the time, did a study on the culpability, or…

Abstract

Robert Hauptman first raised awareness about the ethical issues of reference service in 1976. Hauptman, a library school student at the time, did a study on the culpability, or lack thereof, in reference service provided by librarians. In his study, Hauptman posed as a library patron seeking potentially dangerous information. The behavior examined was how librarians respond to the request for material on how to build a bomb that would be powerful enough to blow up a house. Hauptman tried to present himself as a person of questionable character. He used six public and seven academic libraries in this study. Hauptman first made sure that he was speaking to the reference librarian. He then requested information for the construction of a small explosive, requesting specifically the chemical properties of cordite. He then asked for information on the potency of such an explosive, whether or not it could blow up a suburban house (Hauptman, Wilson Library Bulletin, 1976, p. 626).

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Advances in Library Administration and Organization
Type: Book
ISBN: 978-1-84950-206-1

Book part
Publication date: 4 September 2020

Torrie Hester

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties

Abstract

The Department of Homeland Security (DHS) states in 2018 that safeguarding “civil liberties is critical” to their official duties. The Office for Civil Rights and Civil Liberties within DHS, as its website explains,

reviews and assesses complaints from the public in areas such as: physical or other abuse; discrimination based on race, ethnicity, national origin, religion, gender, sexual orientation, or disability; inappropriate conditions of confinement; infringements of free speech; violation of right to due process … and any other civil rights or civil liberties violation related to a Department program or activity.

My chapter tracks the centrality of deportability in shaping the civil liberties and rights that DHS is tasked with enforcing. Over the course of the twentieth century, people on US soil saw an expanding list of civil liberties and civil rights. Important scholarship concentrates on the role of the courts, state and federal governments, advocacy groups, social movements, and foreign policy driving these constitutional and cultural changes. For instance, the scholarship illustrates that coming out of World War I, the US Supreme Court ruled that the First Amendment did not protect something the Justices labeled “irresponsible speech.” The Supreme Court soon changed course, opening up an era ever since of more robust First Amendment rights. What has not been undertaken in the literature is an examination of the relationship of deportability to the sweep of civil liberties and civil rights. Starting in the second decade of the twentieth century, federal immigration policymakers began multiplying types of immigration statuses. A century later, among many others, there is the H2A status for temporary low-wage workers, the H2B for skilled labor, and permanent residents with green cards. The deportability of each status constrains access to certain liberties and rights. Thus, in 2016, when people from the Office for Civil Rights and Civil Liberties within DHS act, they are not enforcing a uniform body of rights and liberties that applies equally to citizens and immigrants, or even within the large category of immigrants. Instead, they do so within a complicated matrix of liberties and rights attenuated by deportability, which has been shaped by the history of the twentieth century.

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Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-83982-297-1

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Book part
Publication date: 1 June 2011

Werner Winslow Gardner

Neoclassic economics is a thing of considerable beauty. It yet finds an increasing tendency on the part of those trained in its discipline to rebel from its neatly fitted…

Abstract

Neoclassic economics is a thing of considerable beauty. It yet finds an increasing tendency on the part of those trained in its discipline to rebel from its neatly fitted abstractions and intriguing diagrams. The rebellion stems from two sources. Veblen's sweeping attacks upon its postulates16 shock its theoretical foundations. The rapid changes in the industrial and business world discredited it on another front by bringing into increasingly sharp relief the divergence between the institutional assumptions of the orthodox theory and the conditions actually obtaining. The giant corporation, overhead costs, and the necessity for maintenance of volume, industrial concentration, the trade association, a widening spread among income classes, advertising, the growing inability of the consumer to gauge quality, the resort to reorganization instead of the “going out of business” of the long-run analyses – what place could the orthodox theory give to these important characteristics of the existing business economy?

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Wisconsin, Labor, Income, and Institutions: Contributions from Commons and Bronfenbrenner
Type: Book
ISBN: 978-1-78052-010-0

Book part
Publication date: 15 October 2008

Serge-Christophe Kolm

The relevant basic principle for overall distribution in macrojustice turns out to be the relevant equality of liberties. This study shows the consequence of this fact for the…

Abstract

The relevant basic principle for overall distribution in macrojustice turns out to be the relevant equality of liberties. This study shows the consequence of this fact for the optimum distribution, taxation, and transfers of income. The liberties in question are social liberty (freedom from forceful interference, basic rights), and the possibilities offered by domains of choice which can provide equal liberty while being different for individuals with different productivities.

The method is deductive from the basic relevant concepts.

The result is that this distribution consists of an equal sharing of the proceeds of the same labour for all individuals (with their different productivities). The individuals choose freely their total labour (with no other tax). This redistributive structure is Equal-Labour Income Equalization or ELIE. It also has a number of other important meanings, such as: general balanced labour reciprocity (each yields to each other the proceeds of the same labour); equal basic universal income financed by an equal labour of all; and uniform linear concentration to the mean of the distribution of total incomes (including the value of leisure).

This result extends to multidimensional labour (duration, education, intensity, etc.), and to partial labour including unemployments.

The practical application relies on exemption of overtime labour from the income tax, and a tax credit. This is successfully applied in some countries.

This constitutes a new paradigm of optimum income distribution and taxation. The old paradigm was based on welfarism not found relevant by society for this application, and it has therefore never been applied.

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Inequality and Opportunity: Papers from the Second ECINEQ Society Meeting
Type: Book
ISBN: 978-1-84855-135-0

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.

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

Book part
Publication date: 27 June 2013

Richard A. Couto

Charisma holds a central place in discussions about leadership. The Founding Fathers were opposed to some forms of charisma but endorsed some as well. They sought to entrust…

Abstract

Charisma holds a central place in discussions about leadership. The Founding Fathers were opposed to some forms of charisma but endorsed some as well. They sought to entrust government to select-people, like themselves, who could be trusted to rule for the many – in Bass (1998) terms, “socialized” as opposed to “personalized” charismatic leaders. This chapter responds to Publius, the authors of the Federalist Papers, to explain the problems the Founding Fathers’ fears have caused us in presidential elections, including that of 2000.

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Transformational and Charismatic Leadership: The Road Ahead 10th Anniversary Edition
Type: Book
ISBN: 978-1-78190-600-2

Book part
Publication date: 29 July 2010

Christopher Kollmeyer

This chapter seeks to reconcile divergent views about how globalization affects democratic governance at the national level. Despite numerous studies on this subject, the…

Abstract

This chapter seeks to reconcile divergent views about how globalization affects democratic governance at the national level. Despite numerous studies on this subject, the resulting literature has not reached an overarching consensus. Some scholars conclude that globalization usually promotes democracy by fragmenting the political power of entrenched elites, by creating powerful demands for the rule of law, and by making democracy the global norm for governance. Other scholars, however, draw very different conclusions. They argue that globalization generally weakens democracy by reducing the autonomy of national governments, by generating “democratic deficits” between international policy makers and ordinary citizens, and by significantly enhancing the class power of transnational capital. To bridge these two literatures, the present chapter highlights that democracy has at least two normative charges: (1) it should promote civil and political liberties (its liberal dimension) and (2) it should promote social and economic equality (its social democratic dimension). When viewed from this perspective, it appears that globalization does indeed promote democracy, albeit a particular form of democracy in which the maintenance of civil and political liberties takes precedence over the realization of socioeconomic equalities. Furthermore, this perspective suggests that globalization can simultaneously promote democracy in some parts of the world (i.e., by encouraging authoritarian countries to adopt civil and political liberties), while undermining it elsewhere (i.e., by impeding political actors seeking to promote socioeconomic equality).

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Democratic Paths and Trends
Type: Book
ISBN: 978-0-85724-092-7

Book part
Publication date: 17 December 2008

Clayton D. Peoples and Tina Hsu Schweizer

In this paper, we examine the effects of different types of political discrimination on interethnic conflict using data on over 200 ethnic groups within over 100 countries. Our…

Abstract

In this paper, we examine the effects of different types of political discrimination on interethnic conflict using data on over 200 ethnic groups within over 100 countries. Our results show that political restrictions, in general, significantly increase the likelihood of interethnic conflict. Additionally, our results demonstrate that restrictions on migration and voting rights, in particular, are highly salient predictors of conflict. Our findings suggest that future research on interethnic conflict should further examine the impact of political discrimination. The practical implication of our findings is that policymakers worldwide should seriously consider the potentially deadly ramifications of discriminatory policies.

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Research in Social Movements, Conflicts and Change
Type: Book
ISBN: 978-1-84663-892-3

Book part
Publication date: 30 November 2016

Viktor J. Vanberg

The notion of constitutionalism and federalism as principal devices for limiting the power of government is central to F. A. Hayek’s political philosophy. A number of political…

Abstract

The notion of constitutionalism and federalism as principal devices for limiting the power of government is central to F. A. Hayek’s political philosophy. A number of political scientists have recently criticized Hayek’s (as well as J. M. Buchanan’s and B. R. Weingast’s) reasoning on this subject for its presumed “neoliberal bias.” This paper reviews this critique and takes it as a challenge to clarify certain ambiguities in Hayek’s – and, more generally, in liberal – accounts of constitutionalism and federalism.

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Revisiting Hayek’s Political Economy
Type: Book
ISBN: 978-1-78560-988-6

Keywords

Book part
Publication date: 3 January 2015

Julia Shamir

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different…

Abstract

While the concept of legal culture has been receiving a growing attention from scholars, this research often overemphasizes the similarity of the opinions held by different segments of population. Furthermore, the relationship of migration and the change of legal-cultural attitudes has not received particular attention. Drawing on 70 in-depth interviews with the immigrants of the early 1990s from the former Soviet Union to Israel and the secular Israeli Jews, this chapter provides a comprehensive account of the various aspects of legal culture of these groups. The second important finding is the persistence of the legal-cultural attitudes and perceptions over time.

Details

Studies in Law, Politics, and Society
Type: Book
ISBN: 978-1-78441-568-6

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