Suchergebnisse

A global socio-economic problem concerns the unlawful occupation of public spaces. At a time when states are more inclined to adopt welfare-orientated, inclusive social policies, property rules continue to forbid the homeless from exercising those activities that should ideally be done in private. The City of Cape Town serves as an interesting case study to critically reflect on social policies and laws that regulate the use of public property when rough sleeping is not only excessive, but perhaps even normatively accepted. The article reflects on the social dilemma of an emerging conflict between property rules (specifically antisocial behavior laws) and what has become normatively conventional in the streets, sidewalks, and public parks of the City. Antisocial behavior laws are enforced irregularly as the homeless are informally pardoned therefrom; this can lead to civic hostility and more social violations. The regulatory framework pertaining to street people is also analyzed considering the constitutional directive to distribute land/dwellings. Property is inaccessible for the most destitute - the centrality of property is overlooked in the state's pursuit to not only provide access, but also enable the vulnerable to live dignified, self-sustaining lives. For the street population, the freedom to perform every-day acts is socially controlled by the property system to that of state forbearance, shaped by an indefinite norms-based understanding of where certain activities are considered reasonable. This is a unsustainable, inhumane practice that prejudices the entire community and the urban environment.

This Article is a comparative study of disability regulations in the European Union and the United States over the past four decades. It explores how a conception of the relationship between illness, impairment and discrimination became a source of transformative insights that led to new regulatory regimes for persons with disability but also hampered the judicial enforcement of these regimes in both jurisdictions. The main transformative insight is the shift in understanding the cause of disability from the individual's medical condition to the larger social environment. The obstacle is the radical nature of this shift, and specifically its effect of leaving the concept of medical impairment under-theorized. Without guidance on how to interpret pervasive statutory references to medical impairments, judges downplayed the transformative insight and retreated into the familiar territory of narrow, medicalized interpretations of disability. The descriptive part of the Article uses social systems theory to present the development of disability law regimes in the EU and the US. According to this theory, social systems are structurally autonomous systems that, like cells, translate into their unique "code" the information they receive from the outside environment. Applied to disability reform, the social model plays the role of the "normative impulse" that becomes translated into the "code" of different (legal) systems. The model was first theorized in the U.K. but it was in the U.S. that it reached its highest political expression when the legal status of persons with disabilities changed from passive "objects of rehabilitation and cure" to right holders entitled to make demands on social institutions. Under the influence of a rights-centered legal and political culture, the American system translated the social model into antidiscrimination "code." Transnational social movements, which had previously been largely unsuccessful at the national level in Europe, used the rights-centered version of the social model as inspiration for legislation at the EU supranational level. This influence took the form of specific legal transplants in disability regimes, such as a duty of employers to provide reasonable accommodation to persons with disabilities, as well as a larger antidiscrimination approach to justiciable rights. However, the European code required that, in the course of implementing the model, rights be supplemented with broader welfare and social policies. The social model has been again on the move over the past few years, this time from the EU toward the US. The European-style comprehensive approach has become a source of inspiration for American scholars and activists who are advocating a move in the U.S. beyond a rights-only paradigm to a more holistic approach. An essential part of the struggle for recognition of persons with disabilities is the judicial interpretation and application of disability statutes. A study of judicial decisions in the US and the EU finds that narrow, medicalized judicial interpretations of disability are common to both jurisdictions. Why do courts remain tied to the medicalized understanding of disability, despite the legislative shift toward the social model? Is there a common explanation for its survival in the U.S. and the EU, despite the existence of different background conceptions of rights, the role of the state, and the proper institutional role of courts? The Article finds available answers helpful but insufficient to explain the staying power of the medicalized approach in judicial definitions of disability. It then turns to the social model in search for the missing explanation. The starting point of the analysis is the conceptionalization of medical impairments. Despite reference to medical impairment in legal definitions of disability, this concept has remained largely under-theorized. I suggest that the explanation has to do with the attempt by the disability rights movement to de-link disability from illness as a precondition for building a strong political consciousness for its base. In this context, analogies between impairments and illness were perceived as legitimizing medical expertise and thus perpetuating socially disabling assumptions about the standard of "normality." The de-linking distorted the translation of the insights of the social model into legal claims in both jurisdictions studied here. It had the effect of alienating judges who needed guidance on how to interpret and apply disability statutes. Without sufficient help in the uncharted waters of the discrimination-centered social model, judges sought to craft manageable standards and filter out what they perceived as abusive claims by (re)turning to a focus on the medical nature, as compared to the social effects, of impairments. The resilience of the medicalized approaches to disability in judicial interpretations, as a phenomenon common to both the US and the EU, is thus partly the consequence of a convergence between the reaction of courts facing institutional, administrability concerns, on the one hand, and the strategy to unify the base of the disability rights movement, on the other hand. I offer this as an explanation, not a justification, of the judiciary's narrow interpretations. The move from explanatory to normative approaches rests on broader conceptions of the judicial role. In one such conception, which the Article articulates and defends, the judiciary's narrow interpretations represent a failure to respond appropriately to the claims to recognition of persons with disabilities.

Walker McKusick (University of Washington, School of Law) has posted The Penal Judgment Exception to Full Faith and Credit: How to Bind the Bounty Laws (Washington Law Review, Forthcoming) on SSRN. Here is the abstract: In the current moment of...

Daiquiri Steele (University of Alabama - School of Law) has posted Preserving Pandemic Protections (Berkeley Journal of Employment and Labor Law, Vol. 42, No. 2, 2021) on SSRN. Here is the abstract: Though violations of workplace laws are typically viewed...

Although Canada is perceived as a water-rich country, this privileged status needs to be demystified. Water-related problems are indeed multiplying: spring flooding in the Ottawa Valley, droughts in the southern Prairies, eutrophication in the Great Lakes, contamination of the Saint Lawrence River, disastrous water quality on Aboriginal reserves, etc. Water issues are having increasingly broad effects. Their geographic extent is increasing and their impact on the human and non-human environment is growing. There is no longer any doubt; Canada now faces an emerging water crisis.From a legal point of view, these issues generate extremely complex challenges. Indeed, since each order of government has a capacity to act regarding water, management mechanisms are characterized by a profoundly interjurisdictional nature. This results in sectoral initiatives, fragmented action and a significant lack of harmonisation between water stakeholders. While Canadian water law has developed significantly since the 1960s, the legislative, regulatory and policy tools remain multiple and dispersed. Accordingly, Canada is still not equipped to fully respond to contemporary water issues and the management processes they require. As a result, there have been repeated calls for a national water strategy in Canada from the literature and experts in the field.Given the need to address Canadian water issues, our thesis seeks to determine how the necessary implementation of a national water strategy in Canada can be accommodated with the specificities of the hydrosocial environment. The conceptual analysis of water management and the contextual study of the Canadian hydrosocial environment reveal certain obstacles to the implementation of a national strategy: what scale, agents and regulatory logic should articulate the legal construction of a water management framework in Canada? To answer these questions, we have developed twelve guiding principles to lay the building blocks for a water legal regime adapted to Canadian realities. While ...

Although Canada is perceived as a water-rich country, this privileged status needs to be demystified. Water-related problems are indeed multiplying: spring flooding in the Ottawa Valley, droughts in the southern Prairies, eutrophication in the Great Lakes, contamination of the Saint Lawrence River, disastrous water quality on Aboriginal reserves, etc. Water issues are having increasingly broad effects. Their geographic extent is increasing and their impact on the human and non-human environment is growing. There is no longer any doubt; Canada now faces an emerging water crisis.From a legal point of view, these issues generate extremely complex challenges. Indeed, since each order of government has a capacity to act regarding water, management mechanisms are characterized by a profoundly interjurisdictional nature. This results in sectoral initiatives, fragmented action and a significant lack of harmonisation between water stakeholders. While Canadian water law has developed significantly since the 1960s, the legislative, regulatory and policy tools remain multiple and dispersed. Accordingly, Canada is still not equipped to fully respond to contemporary water issues and the management processes they require. As a result, there have been repeated calls for a national water strategy in Canada from the literature and experts in the field.Given the need to address Canadian water issues, our thesis seeks to determine how the necessary implementation of a national water strategy in Canada can be accommodated with the specificities of the hydrosocial environment. The conceptual analysis of water management and the contextual study of the Canadian hydrosocial environment reveal certain obstacles to the implementation of a national strategy: what scale, agents and regulatory logic should articulate the legal construction of a water management framework in Canada? To answer these questions, we have developed twelve guiding principles to lay the building blocks for a water legal regime adapted to Canadian realities. While ...

Although Canada is perceived as a water-rich country, this privileged status needs to be demystified. Water-related problems are indeed multiplying: spring flooding in the Ottawa Valley, droughts in the southern Prairies, eutrophication in the Great Lakes, contamination of the Saint Lawrence River, disastrous water quality on Aboriginal reserves, etc. Water issues are having increasingly broad effects. Their geographic extent is increasing and their impact on the human and non-human environment is growing. There is no longer any doubt; Canada now faces an emerging water crisis.From a legal point of view, these issues generate extremely complex challenges. Indeed, since each order of government has a capacity to act regarding water, management mechanisms are characterized by a profoundly interjurisdictional nature. This results in sectoral initiatives, fragmented action and a significant lack of harmonisation between water stakeholders. While Canadian water law has developed significantly since the 1960s, the legislative, regulatory and policy tools remain multiple and dispersed. Accordingly, Canada is still not equipped to fully respond to contemporary water issues and the management processes they require. As a result, there have been repeated calls for a national water strategy in Canada from the literature and experts in the field.Given the need to address Canadian water issues, our thesis seeks to determine how the necessary implementation of a national water strategy in Canada can be accommodated with the specificities of the hydrosocial environment. The conceptual analysis of water management and the contextual study of the Canadian hydrosocial environment reveal certain obstacles to the implementation of a national strategy: what scale, agents and regulatory logic should articulate the legal construction of a water management framework in Canada? To answer these questions, we have developed twelve guiding principles to lay the building blocks for a water legal regime adapted to Canadian realities. While ...

En este artículo reflexionamos sobre la apropiación de los derechos sexuales y reproductivos por parte de las mujeres, cuando en la Argentina se desarrolla una ampliación y profundización en el reconocimiento normativo de los mismos. El objetivo es describir la enunciación de los derechos manifiesta en las leyes y las opiniones de las mujeres sobre el género, los derechos sexuales y reproductivos en general, y el aborto, en particular, y las identidades sexuales. Se trabajó con leyes y con los resultados de un estudio cualitativo mediante grupos focales con mujeres mayores de 18 años, residentes en la Ciudad Autónoma de Buenos Aires. Los hallazgos muestran una brecha entre el discurso en el plano legal y las opiniones de las mujeres, que además difieren según la edad y el nivel socioeconómico. Las mujeres no hablan de una concepción de derechos, ni desde una perspectiva de género, y la apropiación subjetiva de los derechos varía de acuerdo a los temas analizados. ; The idea of this paper is to draw some insight on the appropriation of sexual and reproductive rights of women when in Argentina its regulatory acknowledgment is being widened and deepened. The objective is to describe how these rights are put forth in the law and women's opinion regarding gender, sexual and reproductive rights, in general, and abortion, in particular, and regarding sexual identities. We worked with existing legislation and the results of a qualitative study carried out with focus groups of women over 18 and residing in the City of Buenos Aires.3 The findings show a gap between the legal discourse and the opinion of women, which also differs according to age and socioeconomic status. Women do not speak about a conception of rights, nor from a genderoriented perspective, and the subjective appropriation of rights varies according to the analyzed. ; Fil: Straw, Cecilia. Consejo Nacional de Investigaciones Científicas y Técnicas; Argentina. Universidad de Buenos Aires. Facultad de Ciencias Sociales. Instituto de Investigaciones "Gino Germani"; Argentina ; Fil: Mattioli, Marina. Consejo Nacional de Investigaciones Científicas y Técnicas; Argentina. Universidad de Buenos Aires. Facultad de Ciencias Sociales. Instituto de Investigaciones "Gino Germani"; Argentina

Abstract Given contemporary federal migration policies, Canada can expect increasing numbers of immigrants who do not possess legal status. The exploitation of these "illegalized" immigrants in the labour market affects wages and labour standards for all Canadians. To mitigate the negative effects of federal immigration policies, Toronto and Hamilton have declared themselves sanctuary cities. In this working paper, we explore initiatives that could be applied at the provincial and territorial scale to enhance access to employment for illegalized immigrants. After conducting a scoping analysis of the literature, we conclude that provinces and territories could implement a range of programs, policies, and service deliveries. ; Hannan, C.-A. & Bauder, H. (2017). Towards a Sanctuary Province: Policies, Programs, and Services for Illegalized Immigrants' Equitable Employment, Social Participation, and Economic Development. Toronto: Ryerson Centre for Immigration & Settlement.

The Supplement (p. [873]-1189) has special t.-p. with imprint: San Francisco, Commercial book and job steam printing establishment, 1860. ; Lettered on cover: California digest with Supplement. 1850-1860. ; Mode of access: Internet.