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In the literature of law, there has been comparatively little discussion as to the nature of political representation. A representative democracy has been defined as "a form of government where the powers of the sovereignty are delegated to a body of men, elected from time to time, who exercise them for the benefit of the whole nation." And a representative form of government has been defined as "a government conducted and constituted by the agency of delegates, or deputies, chosen by the people."Judge Thomas M. Cooley, speaking for the Michigan supreme court, said: "A representative is one chosen by a principal to exercise for him a power or perform for him a trust. In that sense, the mayor of a city is a representative for some purposes, the members of the common council for others, and the members of the board of education for still others … the right to be represented implies a right, not merely to name the person, but also to designate the trust that shall be confided to him." On this basis, it was held that a board of park commissioners established by the state legislature with certain powers, and recognized by the common council of the city, could not be vested afterwards by the legislature with additional powers previously exercised by the council.Somewhat similar is the position of an English judge as to the authority of a representative in a legal proceeding. "A solicitor is the representative of his client, but counsel is not, for counsel has the whole conduct of the case, and can act even against the instructions of his client." It was accordingly held that a solicitor is a representative within S. 17(4) Bankry Act, 1883, and must be "authorized in writing" to entitle him to question a debtor at a public hearing.

The Strike Files contain (1972-1985) correspondence, press clippings, legal papers, membership memoranda, organizational papers, and other strike-related materials (1977 - 1982). Also included is extensive material regarding PATCO's strike plans. In addition to the strike preparation materials, this series also includes correspondence between membership and the central office. See Series V: Strike Files finding aid for complete description. In order to protect 3rd party rights, some folders may contain incomplete scans.

Should all internationally recognized human rights—economic, social, and cultural rights, as well as civil and political rights—be subject to the same individual-complaints procedures? This issue is now before a newly convened working group of the UN Commission on Human Rights. At its first meeting, from February 23 to March 5,2004, the Working Group debated the feasibility of elaborating an optional protocol to the International Covenant on Economic, Social and Cultural Rights (ICESCR) that would provide for the adjudication of individual and group complaints against states under that Covenant. Participating states were in sharp disagreement over the viability of the proposal, however, and the session ended in disarray. Since the Commission has recommended renewal of the Working Group's mandate for two years, the issue remains open.

Human Right to Environment is one the most relevant Third Generation Human Rights which includes new universal needs arisen from the last third of 20th century. These new human rights add as an additional layer to the First Generation Human Rights (civil and political rights from the end of 18th century) and to the Second Generation Human Rights (economic, social and cultural rights from 19th century).

Legal, regulatory, and ethical perspectives on balancing social benefit and human autonomy in research using human biospecimens. Advances in medicine often depend on the effective collection, storage, research use, and sharing of human biological specimens and associated data. But what about the sources of such specimens? When a blood specimen is drawn from a vein in your arm, is that specimen still you? Is it your property, intellectual or otherwise? Should you be allowed not only to consent to its use in research but also to specify under what circumstances it may be used? These and other questions are at the center of a vigorous debate over the use of human biospecimens in research. In this book, experts offer legal, regulatory, and ethical perspectives on balancing social benefit and human autonomy in biospecimen research. After discussing the background to current debates as well as several influential cases, including that of Henrietta Lacks, the contributors consider the rights, obligations, risks, and privacy of the specimen source; different types of informed consent under consideration (broad, blanket, and specific); implications for special patient and researcher communities; and the governance of biospecimen repositories and the responsibilities of investigators. Contributors Rebecca A. Anderson, Heide Aungs, Avery Avrakotos, Mark Barnes, Jill Barnholtz-Sloan, Benjamin Berkman, Barbara E. Bierer, Mark A. Borreliz, Jeffrey R. Botkin, Dan Brock, Ellen Wright Clayton, I. Glenn Cohen, Lisa Eckstein, Barbara J. Evans, Emily Chi Fogler, Nanibaa' A. Garrison, Pamela Gavin, Aaron J. Goldenberg, Christine Grady, Kate Gallin Heffernan, Marylana Saadeh Helou, Sara Chandros Hull, Elisa A. Hurley, Steven Joffe, Erin P. Johnson, Julie Kaneshiro, Aaron S. Kesselheim, Isaac Kohane, David Korn, Russell Korobkin, Bernard Lo, Geoffrey Lomax, Kimberly Hensle Lowrance, Holly Fernandez Lynch, Bradley A. Malin, Karen J. Maschke, Eric M. Meslin, P. Pearl O'Rourke, Quinn T. Ostrom, David Peloquin, Rebecca Pentz, Jane Perlmutter, Ivor Pritchard, Suzanne M. Rivera, Erin Rothwell, Andrew P. Rusczek, Rachel E. Sachs, Carol Weil, David Wendler, Benjamin Wilfond, Susan M. Wolf

Late Qing (清) was a time of profound transformation in China. From 1897, political, economic and cultural changes began to intensify, and a human rights discourse gradually made its appearance. Literature profoundly changed as well. Fiction, which had been largely excluded from orthodox literature, started to acquire a prominent status. This thesis investigates the engagement of modern Chinese fiction with the human rights discourse from 1897 to 1927. It argues that modern Chinese fiction added momentum to the human rights discourse by presenting an individual-based perception of life and by disseminating human rights concepts. Fiction also provided an important critique of the human rights discourse by exposing the problems, limitations and dilemmas of human rights in the Chinese society. In the introduction, I provide a historical overview of the human rights discourse and the rise of modern fiction. Each chapter then focuses on one literary text and one specific right, and establishes a dialogue between them. In Chapter 1, I discuss the reception of the French novel The Lady of the Camellias in relation to the right to freedom of marriage. This novel depicts the destruction of love due to the interference of family authority. I discuss how its techniques of first-person narration, psychological depictions and epistolarity reinforced the novel's effect in evoking readers' empathy and sympathy towards people who lacked the freedom to marry, and therefore contributed to the social recognition of freedom of marriage. Chapter 2 examines Lu Xun's story Regret for the Past in relation to the women's rights discourse. The story is written as a man's confession about his responsibility for the destruction of his woman after their pursuit of freedom of marriage. I show that through the unreliable narrator, the use of silence and the realist depictions of social environment, the narrative questions the social discourse of women's rights by revealing the underlying patriarchal consciousness and demonstrating its destructive effects. In Chapter 3, I discuss Lu Xun's novella, The True Story of Ah Q, which tells the story of the life, the unjust trial and the execution of a peasant named Ah Q, in relation to the consciousness of the right to life. I argue that through the techniques of irony, realism, symbolic realism and the shift in narrative perspective, this story reflects the neglect of the value of life in the Chinese society and raises the readers' awareness of these facts which would lead to self-introspection and the quest for change. Overall, with the use of vernacular language, the thematic engagement with human rights issues, and the deployment of techniques like realism and first-person narration, modern Chinese fiction disseminated ideas about human rights to a wider audience and provoked readers to think beyond the prevailing normative framework to imagine an order more compatible with the rising individuality. Fiction's focus on the conditions of everyday human existence also brought about a higher awareness of the inner contradictions within the human rights discourse itself. ; published_or_final_version ; Law ; Master ; Doctor of Legal Studies

In mid-twentieth century France, the term "social space" (l'espace social) -- the idea that spatial form and social life are inextricably linked -- emerged in a variety of social science disciplines. Taken up by the French New Left, it also came to inform the practice of urban planning. In The View from Above, Jeanne Haffner traces the evolution of the science of social space from the interwar period to the 1970s, illuminating in particular the role of aerial photography in this new way of conceptualizing socio-spatial relations. As early as the 1930s, the view from above served for Marcel Griaule and other anthropologists as a means of connecting the social and the spatial. Just a few decades later, the Marxist urban sociologist Henri Lefebvre called the perspective enabled by aerial photography -- a technique closely associated with the French colonial state and military -- "the space of state control." Lefebvre and others nevertheless used the notion of social space to recast the problem of massive modernist housing projects (grands ensembles) to encompass the modern suburb (banlieue) itself -- a critique that has contemporary resonance in light of the banlieue riots of 2005 and 2007. Haffner shows how such "views" permitted new ways of conceptualizing the old problem of housing to emerge. She also points to broader issues, including the influence of the colonies on the metropole, the application of sociological expertise to the study of the built environment, and the development of a spatially oriented critique of capitalism.

The paper aims to test whether partisanship affects policy outcomes at the local level. While the literature has presented comprehensive evidence for partisan effects on policy outcomes at the state and federal level, recent findings suggest that partisan effects may be absent at the city and municipality level. Using detailed data on public goods and service spending, we assess the link between the partisanship of local councils and the composition of public good spending of German localities. Firstly, we estimate panel data models assessing whether changes in partisanship impact per-capita-spending in different spending-categories. Secondly, we investigate whether left-wing or right-wing communities differ in their spending response to exogenous revenue shocks during their legislative term (among others induced by changes of the personal income tax base assigned to communities). Using propensity score matching and weighting, the approach compares responses in comparable municipalities, which differ in the partisan composition of their local council. Based on both strategies, we find moderate partisan effects only.

Prior to 1971 committee-related reforms in the House were primarily changes in the House rules, which had to be voted on by the full membership. After 1971 most committee reforms were in the form of resolutions passed by the Democratic Caucus. The post-1970 reforms dealt primarily with the selection of committee chairmen & the make-up & powers of subcommittees. The most recent of these reforms was the Subcommittee Bill of Rights which established the method of selection of subcommittee chairmen & members & defined powers & duties of subcommittees. One short run result of the reforms has been the strengthening of the liberals within the House. A possible long run consequence both of the use of the Democratic Caucus as a vehicle for reform & of the reforms, themselves, is the creation of a milieu in which the Democratic leadership can exert a substantially greater influence over outcomes within the House. HA.

Figures like Hungarian Prime Minister Viktor Orbán and former French National Front leader Marion Maréchal are seeking to establish what we call a new globalist illiberal order. The globalist illiberal agenda extends elements of the globalist project while reclaiming a radicalized view of Christian democracy. Europe's far-right views the global order as composed of strong nations who need to defend their sovereignty on 'cultural' issues while protecting their common Christian roots. We trace their project by focusing on two new institutions of higher education, Hungary's National University of Public Service Ludovika (Ludovika-UPS) and the Institut de sciences sociales, économiques et politiques (Institute of Social Sciences, Economics and Politics—ISSEP), based in France and Spain. Through these institutions, globalist illiberals aim to cultivate new leaders outside the liberal 'mainstream' and redefine the meaning of Christian democracy. We conclude that surging nationalism among mid- to small powers is not resulting in deglobalization but is fostering illiberal globalization, which has no place for those who do not fit in their exclusionary vision of Christian Europe.

The paper examines the participation characteristics within internet-based collective action by analysing the case of digital rights campaigning. Drawing upon empirical findings from a case study (the "Telecoms Package" campaign, 2007-2009), we discuss how digital rights activists organise, collaborate and mobilise using websites, mailing lists, wikis and instant messaging channels. Participation is individualised and malleable. However, successful digital rights' campaigning requires political, technical and social skills. To intervene in EU policy-making, activists need technical and political expertise and technological skills. As a result and contrary to claims of inclusiveness and openness, digital rights campaigning is in fact dominated by a small group of highly specialised movement entrepreneurs who mobilise occasionally to demonstrate broader support to policy-makers. The emergence of internet-based campaigning does not necessarily equal to more inclusive forms of participation. However, it allows for the engagement of resource-poor actors in traditional policy settings such as the EU.

The paper examines the participation characteristics within internet-based collective action by analysing the case of digital rights campaigning. Drawing upon empirical findings from a case study (the "Telecoms Package" campaign, 2007-2009), we discuss how digital rights activists organise, collaborate and mobilise using websites, mailing lists, wikis and instant messaging channels. Participation is individualised and malleable. However, successful digital rights' campaigning requires political, technical and social skills. To intervene in EU policy-making, activists need technical and political expertise and technological skills. As a result and contrary to claims of inclusiveness and openness, digital rights campaigning is in fact dominated by a small group of highly specialised movement entrepreneurs who mobilise occasionally to demonstrate broader support to policy-makers. The emergence of internet-based campaigning does not necessarily equal to more inclusive forms of participation. However, it allows for the engagement of resource-poor actors in traditional policy settings such as the EU.

At a time when a global consensus on human rights standards seems to be emerging, this rich study steps back to explore how the idea of human rights is actually employed by activists and human rights professionals. Winifred Tate, an anthropologist and activist with extensive experience in Colombia, finds that radically different ideas about human rights have shaped three groups of human rights professionals working there--nongovernmental activists, state representatives, and military officers. Drawing from the life stories of high-profile activists, pioneering interviews with military officials, and research at the United Nations Human Rights Commission in Geneva, Counting the Dead underscores the importance of analyzing and understanding human rights discourses, methodologies, and institutions within the context of broader cultural and political debates

This research investigates the implications of trade on labour rights. It examines whether the labour commitments in the TPP improve labour rights in Viet Nam or not. It evaluates the current situation of law and practice in Viet Nam using the TPP requirements as a benchmark. It finds that freedom of association is the most difficult issue for Viet Nam since it conflicts with the political system and the hierarchical, authoritarian trade union structure in Viet Nam. Due to benefits of the TPP, Viet Nam will carry out reforms needed to meet the TPP labour requirements. However, while interests are aligned on joining the TPP they will not be aligned on compliance, and the implementation of these reforms will be challenging since the fully enjoyment of freedom of association is not recognised and supported in practice. It concludes that trade can improve workers' right to freedom of association in the books of law but rarely improve their enjoyment of this right in practice.

Love it or leave it : individual conscience and political authority -- Utilitarianism -- Human rights : meaning and justification -- Justice -- Liberty -- Democracy -- Liberal political theory and its critics -- Ethics and international affairs -- War, morality, and terrorism