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Book part
Publication date: 9 April 2003

Matthew J Moore

The author argues that the familiar distinction between interpretive and non-interpretive theories of constitutional interpretation obscures another important distinction: that…

Abstract

The author argues that the familiar distinction between interpretive and non-interpretive theories of constitutional interpretation obscures another important distinction: that between hermeneutically open and hermeneutically closed theories. Closed theories seek resolution to constitutional conflict by employing methods of interpretation that are intuitively persuasive. Open theories deny that such methods are always available, and seek resolution of conflict through a combination of legal, political, and social means. The author argues that closed theories have failed to live up to their implicit promise of self-justification, and examines the practice of constitutional interpretation in Canada and Australia to support this view.

Details

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

Book part
Publication date: 25 August 2006

The existing state of K-12 public education in the United States is perceived as unacceptable by a large number and a wide variety of critics. How to improve upon this state is…

Abstract

The existing state of K-12 public education in the United States is perceived as unacceptable by a large number and a wide variety of critics. How to improve upon this state is the subject of much disagreement. The public discussion is heated, and even the academic debate is often sharp. One common thread of argument stresses the need to increase accountability as a strategy for improving the quality of public schools. There are two broad classes of mechanisms for increasing accountability. If the current outcomes are too low, then setting acceptable performance standards is one approach to generating quality improvements. The task becomes one of defining appropriate accountability standards and then establishing a system of incentives to implement those standards. Alternatively, the low current performance may reflect weak productivity incentives traceable to the limited competition, which many school operators face. The suggested remedy is a dose of increased choice either increased public sector offerings, such as charter schools, or increased private sector choice via voucher-type programs.

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Improving School Accountability
Type: Book
ISBN: 978-1-84950-446-1

Abstract

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Crime and Human Rights
Type: Book
ISBN: 978-0-85724-056-9

Book part
Publication date: 10 August 2015

Santhi Hejeebu

The Royal African Company, the Hudson’s Bay Company, and the East India Company used both owned and hired ships in their seventeenth and eighteenth century trading operations. Why…

Abstract

The Royal African Company, the Hudson’s Bay Company, and the East India Company used both owned and hired ships in their seventeenth and eighteenth century trading operations. Why such critical assets were sometimes owned and sometimes rented is explored. Contrary to economic reasoning, ship rentals occurred in shipping markets that were uncompetitive. The use of hired ships was correlated instead to market power in the companies’ selling or output markets. The pattern of ship ownership can be attributed to the close social proximity of shipowners to decision-makers in the companies. By modeling the input hiring decision while allowing for variation in the competitiveness of output markets, it is argued that rent-seeking behavior on the part of company insiders may explain the ownership patterns.

Details

Chartering Capitalism: Organizing Markets, States, and Publics
Type: Book
ISBN: 978-1-78560-093-7

Keywords

Book part
Publication date: 26 July 2016

Ana Campos-Holland, Grace Hall and Gina Pol

The No Child Left Behind Act (2002) and Race to the Top (2009) led to the highest rate of standardized-state testing in the history of the United States of America. As a result…

Abstract

Purpose

The No Child Left Behind Act (2002) and Race to the Top (2009) led to the highest rate of standardized-state testing in the history of the United States of America. As a result, the Every Student Succeeds Act (2015) aims to reevaluate standardized-state testing. Previous research has assessed its impact on schools, educators, and students; yet, youth’s voices are almost absent. Therefore, this qualitative analysis examines how youth of color perceive and experience standardized-state testing.

Design/methodology/approach

Seventy-three youth participated in a semistructured interview during the summer of 2015. The sample consists of 34 girls and 39 boys, 13–18 years of age, of African American, Latino/a, Jamaican American, multiracial/ethnic, and other descent. It includes 6–12th graders who attended 61 inter-district and intra-district schools during the 2014–2015 academic year in a Northeastern metropolitan area in the United States that is undergoing a racial/ethnic integration reform.

Findings

Youth experienced testing overload under conflicting adult authorities and within an academically stratified peer culture on an ever-shifting policy terrain. While the parent-adult authority remained in the periphery, the state-adult authority intrusively interrupted the teacher-student power dynamics and the disempowered teacher-adult authority held youth accountable through the “attentiveness” rhetoric. However, youth’s perspectives and lived experiences varied across grade levels, school modalities, and school-geographical locations.

Originality/value

In this adult-dominated society, the market approach to education reform ultimately placed the burden of teacher and school evaluation on youth. Most importantly, youth received variegated messages from their conflicting adult authorities that threatened their academic journeys.

Details

Education and Youth Today
Type: Book
ISBN: 978-1-78635-046-6

Keywords

Book part
Publication date: 15 October 2013

Caterine Arrabal Ward

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

Abstract

Purpose

I intend to provide an understanding of the possibilities that exist for the judgment of wartime rape at the international, domestic and in-between levels.

Design/methodology/approach

What is required is an examination of prosecutions and judgments of the ICTY (International Criminal Tribunal for the former Yugoslavia), the ICTR (International Criminal Tribunal for Rwanda), the SCSL (Special Court for Sierra Leone) and the ICC (International Criminal Court). I employ an international law and gender studies approach.

Findings

To count as a crime against humanity, war rape must have been committed as part of a widespread attack on a civilian population. This reflects the idea that war rape is not based solely in the violation of a woman’s body. The problem is that war rapes occur absent the explicit purpose to destroy a community. This chapter provides insight to the historical background of wartime rape to scholars, feminist legal theorists, sociologists, NGOs and lawyers.

Originality/value

By alerting us to the fact that the international community appears to elevate violations of groups or communities over the violation of individual women during conflict, the chapter suggests that the human rights of women may not be fully protected.

Details

Gendered Perspectives on Conflict and Violence: Part A
Type: Book
ISBN: 978-1-78350-110-6

Keywords

Content available
Book part
Publication date: 17 October 2022

Abstract

Details

Women, Work and Transport
Type: Book
ISBN: 978-1-80071-670-4

Content available
Book part
Publication date: 29 August 2017

Abstract

Details

The Handbook of Business and Corruption
Type: Book
ISBN: 978-1-78635-445-7

Content available
Book part
Publication date: 12 July 2022

Stephen G. Anthony and Jiju Antony

Abstract

Details

Lean Six Sigma in Higher Education Institutions
Type: Book
ISBN: 978-1-80382-602-8

Content available
Book part
Publication date: 28 September 2018

Helen Jefferson Lenskyj

Abstract

Details

Gender, Athletes’ Rights, and the Court of Arbitration for Sport
Type: Book
ISBN: 978-1-78743-753-1

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