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In February 1840, Māori co-signed the Treaty of Waitangi with the British Crown. Partnership, protection, and participation are the fundamental principles provided in the…
In February 1840, Māori co-signed the Treaty of Waitangi with the British Crown. Partnership, protection, and participation are the fundamental principles provided in the Treaty. In April 2010, the New Zealand government endorsed the Declaration on the Rights of Indigenous Peoples. These two instruments provide indigenous peoples with the right to participate fully in decision-making that will affect their legal, social, economic, cultural, and political rights. Having endorsed the Declaration on the Rights of Indigenous Peoples, the New Zealand government is morally obliged to comply with the intent of the Declaration. The focus of this chapter is on the right of Māori to participate and be represented on the governing councils of local government. It will be demonstrated that the refusal by the New Zealand government in 2010 to provide dedicated Māori wards on the Auckland Council is contrary to the intent of the Declaration. The principles of the Treaty of Waitangi require the government to act with integrity toward the indigenous people of New Zealand. It will be argued that the failure of local government to utilize electoral options that will enhance Māori representation in local government breach obligations inherent in both the Declaration on the Rights of Indigenous Peoples and the Treaty of Waitangi.
The object of this research is the reconstruction of the existing legal response by European Union states to the phenomenon of immigration. It seeks to analyse the process of conferral of protection.
One main dimension is selected and discussed: the case law of the national courts. The study focuses on the legal status of immigrants resulting from the intervention of these national courts.
The research shows that although the courts have conferred an increasing protection on immigrants, this has not challenged the fundamental principle of the sovereignty of the states to decide, according to their discretionary prerogatives, which immigrants are allowed to enter and stay in their territories. Notwithstanding the differences in the general constitutional and legal structures, the research also shows that the courts of the three countries considered – France, Germany and Spain – have progressively moved towards converging solutions in protecting immigrants.
The research contributes to a better understanding of the different legal orders analysed.
The purpose of this monograph is to examine the main elements of the Copyright Designs & Patents Act 1988 which received the Royal Assent on the 15th November 1988. The Act provided for a major overhaul of the law on copyright and on registered designs, as well as certain adjustments to patent and trademark law and two major new regimes on performers' rights and design rights. While this is a major domestic reform the law is unlikely to remain unaltered for long because of the move towards a single market within the E.E.C. by 1992. This will lead to the introduction of harmonised regimes on the various elements of intellectual property law such as copyright and industrial design which will no doubt require some readjustment to U.K. domestic law. Recently the E.E.C. Commission published a Green Paper on “Copyright and the Challenge of Technology” which suggests solutions to some questions such as the vexed problem of illegal home taping which are different to those adopted by the U.K. in the new Act. [On 21/12/88 a draft directive on Copyright & Computer Software which proposes a harmonised regime for the protection of computer programs and related matters was published]. It also has to be borne in mind that while Article 222 of the Treaty of Rome states that the treaty does not affect the existence of national intellectual property right regimes the “exercise” of these national rights may be found to infringe the provisions of the Treaty on free movement of goods (Arts. 30–36) or on competition law (Arts. 85–86).
The insights of T. H. Marshall and Pierre Bourdieu are drawn upon, integrated and extended to show how social spending policies have been key sites for historical…
The insights of T. H. Marshall and Pierre Bourdieu are drawn upon, integrated and extended to show how social spending policies have been key sites for historical struggles over the boundaries and rights of American citizenship. In the 19th century, paupers forfeited their civil and political rights in exchange for relief. Rather than break definitively with this legacy, major policy innovations in the United States that expanded state involvement in social provision generated struggles over whether to model the new policies on or distinguish them from traditional poor relief. At stake in these struggles were the citizenship status and rights of the policies’ clients. Both the emergence of such citizenship struggles and their outcomes are explained. These struggles emerged when policy innovations created new groups of clients, the new policy treated clients in contradictory ways and policy elites formed ties to social movements with stakes in the status and rights of the policy's clients. The outcomes of the struggles have been shaped by the institutional structure of the policy and the manner and extent to which the policy became entangled in racial politics. Historical evidence for these claims is provided by a case study of the Works Progress Administration, an important but understudied component of the New Deal welfare state.
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…
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.
I trace and explain how the ratcheting of corporate mergers and deregulation transformed the structure of elite relations in the United States from 1960 to 2010. Prior to…
I trace and explain how the ratcheting of corporate mergers and deregulation transformed the structure of elite relations in the United States from 1960 to 2010. Prior to the 1970s there was a high degree of elite unity and consensus, enforced by Federal regulation and molded by structure of U.S. government, around a set of policies and practices: interventionism abroad, progressive tax rates, heavy state investment in infrastructure and education, and a rising level of social spending. I find that economic decline, the loss of geopolitical hegemony, and mobilization from the left and right are unable to account for the specific policies that both Democratic and Republican Administrations furthered since the 1970s or for the uneven decline in state capacity that were intended and unintended consequences of the post-1960s political realignment and policy changes. Instead, the realignment and restructuring of elites and classes that first transformed politics and degraded government in the 1970s in turn made possible further shifts in the capacities of American political actors in both the state and civil society. I explain how that process operated and how it produced specific policy outcomes and created new limits on mass political mobilization while creating opportunities for autarkic elites to appropriate state powers and resources for themselves.
Laws geared toward regulating the employment relationship cling to traditional definitions of workplaces, neglecting the domain of the home and those who work there…
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.
Amidst the backlash against gay rights in the U.S., a rapidly expanding number of companies are instituting inclusive policies. While in 1990 no major corporations…
Amidst the backlash against gay rights in the U.S., a rapidly expanding number of companies are instituting inclusive policies. While in 1990 no major corporations provided health insurance for the partners of lesbian and gay employees, by early 2004, over 200 companies on the Fortune 500 list (approximately 40%) had adopted domestic partner benefits. This study of Fortune 1000 corporations reveals that the majority of adopters instituted the policy change only after facing pressure from groups of lesbian, gay, and bisexual employees. Despite such remarkable success, scholars have yet to study the workplace movement, as it is typically called by activists. Combining social movement theory and new institutional approaches to organizational analysis, I provide an “institutional opportunity” framework to explain the rise and trajectory of the movement over the past 25 years. I discuss the patterned emergence and diffusion of gay employee networks among Fortune 1000 companies in relation to shifting opportunities and constraints in four main areas: the wider sociopolitical context, the broader gay and lesbian movement, the media, and the workplace. Next, using the same wide-angle lens, I explain the apparent decline in corporate organizing since 1995. My multimethod approach utilizes surveys of 94 companies with and without gay networks, intensive interviews with 69 networks and 10 corporate executives, 3 case studies, field data, and print and virtual media on gay-related workplace topics. By focusing on not simply political but also broader institutional opportunities, I provide a framework for understanding the emergence and development of movements that target institutions beyond the state.
From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly…
From one angle, abortion law appears to confirm the regime politics account of the Supreme Court; after all, the Reagan/Bush coalition succeeded in significantly curtailing the constitutional protection of abortion rights. From another angle, however, it is puzzling that the Reagan/Bush Court repeatedly refused to overturn Roe v. Wade. We argue that time and again electoral considerations led Republican elites to back away from a forceful assertion of their agenda for constitutional change. As a result, the justices generally acted within the range of possibilities acceptable to the governing regime but still typically had multiple doctrinal options from which to choose.
We explore factors determining board membership of venture capitalists (VCs) in a syndicate in privately held entrepreneurial ventures. We suggest that board membership is…
We explore factors determining board membership of venture capitalists (VCs) in a syndicate in privately held entrepreneurial ventures. We suggest that board membership is determined by the bargaining process between VCs and new ventures in governing those ventures. Specifically, VCs are more likely to become board members in new ventures if they are highly reputable due to the success of their prior new venture investees, whereas VCs are less likely to gain board rights in new ventures with greater bargain power from superior innovation or marketing track records. Our empirical analysis using 1,812 dyads of investment ties formed between VCs and new ventures support our predictions.