Suchergebnisse

Cicero's famous words Omnes Legum servi sumus ut liberi esse possimus have stood the test of time. Jean-Jacques Rousseau however writes that Man is born free but everywhere he is in chains, implying that man is constrained both by legal and social forces. This paradox is reflected in the balance between criminal substantive and procedural law on the one hand and the rights of the citizen, including human rights, on the other. The latter can indeed only be enforced and ensured by a derogation therefrom in certain circumstances. The right to liberty, for instance, can only be ensured by restricting the liberty of others, whether in ordinary behaviour or as a punishment for previous conduct. This paradoxical situation is also reflected in rules governing illegally obtained evidence. Should the accused be convicted on the grounds of evidence obtained illegally, against his rights or should his rights be given precedence, excluding the evidence, and in so doing detract from the protection of the rights of others in general? The examples drawn from various jurisdictions vary greatly owing to historical, social and political reasons. ; peer-reviewed

The Gonzaga Institute for Action Against Hate was founded by Gonzaga University in 1998 to fight hate through education, research, and advocacy. Its genesis derived from concerns surrounding the apparent increase in the phenomenon of hate—especially racial and religious hate—as it manifested itself on campuses and in communities throughout the country. The prevalence of hate crimes, organized hate groups, and hateful Internet sites prompted the University community to reflect upon ways that Gonzaga—a Jesuit institution —might provide a more enduring and substantive contribution to the understanding of how hate afflicts campus life, community life, society in general, and the world. What are its causes, its characteristics, and its effects? How does it spread and how can it be counteracted? What can the various disciplines—from religious studies and law to psychology, science, history, and anthropology—contribute to our understanding of hate and its prevention? What research should be conducted on the subject? And, importantly, what can institutions of higher education contribute to education theory and practice in relation to teaching about and eliminating hate at the post-secondary and K-12 levels?

The requirements that an insured disclose all facts material to a transaction as well as not misrepresent material facts in the formation of an insurance contract are universal requirements of insurance law.1 The nature and extent of these obligations varies from one jurisdiction to the next but the fundamental justification for the duty to provide accurate information rests upon the perceived asymmetry of information as between insurer and insured as to the risk to be transferred.2 Disclosure in the insurance context is distinct from the general approach in commercial contracts, and in others between persons dealing at arm's length. Historically, the requirement to affirmatively volunteer information in relation to insurance transactions reflects, first, the potentially mortal impact inadequate information poses to the insurance industry's vitality, and second, the practical reality that certain critical information may be peculiarly within the insured's knowledge and difficult to elicit. The departure from caveat emptor and the allocation of the risk and consequences of non-disclosure to the party best placed to provide information pertinent to the transaction is seen as necessary to minimise transaction costs in such dealings.3

With the exception of Jane Mansbridge's important and
groundbreaking analysis of "Shelby," Vermont (Beyond Ad-
versary Democracy, 1980), published scientific investigation of
face-to-face democracy in the New England town meeting is
almost nonexistent. Thus, Zimmerman's volume is not part of
a genealogy of scholarship on what I call "real" democracy, to
distinguish it from the direct democracy of referenda and
initiatives with which it is often confused. For many years his
interest has been what he terms (accurately) "law-making by
assembled citizens." Given the general misuse of the term
town meeting by politicians (which began with Carter and
was perfected by Clinton), intent on cloaking a variety of
self-serving public relations ploys in the robes of "pure"
democracy, Zimmerman provides at the very least a much
needed reality check for political scientists. In fact, in the
popular American lexicon (and even in the understandings of
many political scientists) town meeting has taken on a totally
new meaning, as exemplified in Andrew Fergurson's essay
("Ye Olde Town Meeting Gimmick," Time, March 2, 1998).

A letter report issued by the General Accounting Office with an abstract that begins "This report reviews the Department of Justice's fiscal year 2000 performance report and fiscal year 2002 performance plan required by the Government Performance and Results Act of 1993 and assesses Justice's progress in achieving selected key outcomes that were identified as important mission areas. Justice's overall progress toward achieving the key outcomes was difficult to ascertain because generally the performance report lacked fiscal year 2000 performance targets to measure success and lacked clear linkage between performance measures and outcomes. Justice did not set fiscal year 2000 performance targets for some measures because the measures were new, and for some measures Justice believes that setting performance targets could cause the public to perceive law enforcement as engaging in "bounty hunting" or pursuing arbitrary targets merely for the sake of meeting particular goals. Justice's strategies varied in the extent to which they included sufficient information to inform decisionmakers about initiatives to achieve these outcomes. GAO notes opportunities for Justice to improve the usefulness of its reports and plans."

Testimony issued by the General Accounting Office with an abstract that begins "Consumer complaints against household good carriers have soared in the last five years, yet the Department of Transportation (DOT) has done little to oversee the industry. Although DOT does not collect nationwide information on consumer complaints against household good movers, it estimates that it receives about 4,000 complaints each year. Consumer protection in the interstate household goods moving industry is a relatively low priority for DOT compared with its primary mission of promoting motor carrier safety. The Federal Motor Carrier Safety Administration (FMCSA) has fallen behind in its recent efforts to improve industry oversight and consumer protection. FMCSA has failed to meet the milestones for completing many of its efforts and has extended its deadlines by as much as a year. In addition, DOT has not completed a study on the effectiveness of arbitration as a way to settle household goods disputes, even though the law mandated that the study be completed by 1997. DOT now plans to conduct the study between 2003 and 2005. This testimony summarizes a March report (GAO-01-318)."

A letter report issued by the General Accounting Office with an abstract that begins "GAO reviewed the effects of proposed legislation--H.R. 1833--on the pay of officers at the U.S. Customs Service. The proposal would amend the 1911 Act governing Customs officers' overtime and premium pay, and it would more closely align Customs differential pay with that of other federal agencies. Should the provision be enacted, Customs officers would be limited to the amount and times for which they would be eligible for night differential pay. In addition, another section of the proposed law would remove premium pay from the calculation of the $30,000 fiscal year overtime and premium pay cap that Customs officers may not exceed. GAO's analysis of Customs data showed that had the provisions of H.R. 1833 been in effect during fiscal year 1999, many officers would have experienced significant pay decreases. Managers and supervisors asked to analyze the proposal had mixed reviews, but those not in favor of the proposal were concerned that less eligibility for night differential pay would lead to low morale and staffing problems."

SummaryIt is generally accepted that NATO's military intervention against Yugoslavia did not conform to recognized rules of legal positivism. For most western observers, the justification relies on its legitimacy rather than its legality. This moral argument is based on the belief that the humanitarian plight of the Albanian populations in Kosovo was exceptionally grave. While the situation on the ground prior to NATO's bombing campaign warranted western involvement, the article shows that it was not exceptional in relation to other armed conflicts around the world.Western diplomacy in this Balkan crisis reflects an element of selectivity concerning respect for public international law that will have negative consequences on the future of international relations. The result in the immediate region is a change in the balance of power accompanied by general destabilization. Despite the large international military and civilian presence, Kosovo has been transformed into an almost homogeneous Albanian territory and neighbouring Macedonia is threatened by an extension of the Albanian insurrection. This international intervention confirms the relevance of established legal norms on the use of force because they allow better chances for action guided by reason rather than one-sided media pressure.

The general aim of this paper is to explore the relationship between law and the potential for social change in the context of women's health. More specifically, I will critically examine the arguments made by Canadian feminists about the need for change in the ways that health research is structured and carried out in this country, particularly with respect to the generation of knowledge about women's health. Part one of this analysis examines the nature and extent of the problem of gender-biased research. It is followed by an overview of the regulatory framework within which health research is currently conducted in Canada. The third part of this discussion provides a feminist analysis of the major arguments raised by those who seek to maintain the exclusionary status quo. Part four reflects upon the impact of political action for change taken by women's health activists. Recognizing that Canadian feminists have, to date, been more successful in influencing change through public activism in the political arena than through efforts to work within the dominant research institutions, the paper concludes with a brief assessment of the prospects for legislative intervention.

Brigadier General (Retired) Huba Wass de Czege and Lieutenant Colonel Antulio J. Echevarria II make a case for a strategy aimed at achieving positive, rather than neutral or negative, ends. They first discuss the dynamic conditions of the new strategic environment, then explore the options the United States has available for dealing with those conditions. The options include (1) preventive defense, (2) neo-isolationism, and (3) a strategy that pursues positive ends. Only the last, the authors argue, deals with the new security environment in a proactive way. It enables the United States to define its vital interests in terms of conditions--such as peace, freedom, rule of law, and economic prosperity--rather than as the containment or defeat of inimical state or nonstate actors. The basic approach of a strategy of positive ends would be to build and enlarge a circle of stakeholders committed to creating conditions for a profitable and enduring peace--thereby reducing the potential for crises--and to preparing response mechanisms for coping successfully when crises do occur. ; https://press.armywarcollege.edu/monographs/1054/thumbnail.jpg

Brigadier General (Retired) Huba Wass de Czege and Lieutenant Colonel Antulio J. Echevarria II make a case for a strategy aimed at achieving positive, rather than neutral or negative, ends. They first discuss the dynamic conditions of the new strategic environment, then explore the options the United States has available for dealing with those conditions. The options include (1) preventive defense, (2) neo-isolationism, and (3) a strategy that pursues positive ends. Only the last, the authors argue, deals with the new security environment in a proactive way. It enables the United States to define its vital interests in terms of conditions--such as peace, freedom, rule of law, and economic prosperity--rather than as the containment or defeat of inimical state or nonstate actors. The basic approach of a strategy of positive ends would be to build and enlarge a circle of stakeholders committed to creating conditions for a profitable and enduring peace--thereby reducing the potential for crises--and to preparing response mechanisms for coping successfully when crises do occur. ; https://press.armywarcollege.edu/monographs/1104/thumbnail.jpg

Testimony issued by the General Accounting Office with an abstract that begins "A safe and secure civil aviation system is critical to the nation's overall security, physical infrastructure, and economy. Billions of dollars and countless programs and policies have gone into developing such a system. Although many of the specific factors contributing to the terrible events of September 11 are still unclear, it is apparent that our aviation security system is plagued by serious weaknesses that can have devastating consequences. Last year, as part of an undercover investigation, GAO special agents used fake law enforcement badges and credentials to gain access to secure areas at two airports. They were also issued tickets and boarding passes, and could have carried weapons, explosives, or other dangerous items onto the aircraft. GAO tests of airport screeners also found major shortcomings in their ability to detect dangerous items hidden on passengers or in carry-on luggage. These weaknesses have raised questions about the need for alternative approaches. In assessing alternatives, five outcomes should be considered: improving screener performance, establishing accountability, ensuring cooperation among stakeholders, moving people efficiently, and minimizing legal and liability issues."

Testimony issued by the General Accounting Office with an abstract that begins "People are the federal government's most valuable asset in managing for results. The importance of human capital is underscored by the many links GAO has identified between agencies' human capital shortfalls and the programmatic challenges. A consensus has yet to emerge on broad-based federal human capital legislative reform. However, even in the absence of fundamental legislative reform, federal agencies need to take a more strategic and integrated approach to human capital management and to maximize their efforts in such areas as workforce planning, recruiting and retention, succession planning, training and professional development, and performance management and rewards, within the context of current law. Just as modern performance management principles have been brought to federal financial management, information technology management, and results-oriented goal-setting and performance measurement, so they must be brought to federal human capital management. Congress, the Office of Management and Budget, the Office of Personnel Management, the agencies, and other interested parties must work together to make this happen."

A letter report issued by the General Accounting Office with an abstract that begins "Federal law enforcement and intelligence agencies are seeking to add new techniques to their arsenal of investigative tools. "Brain fingerprinting" measures brain wave responses to determine whether an individual recognizes certain details of an event or activity. Because the technique requires specific information about the event that would be known only to the perpetrator and the investigator, Brain Fingerprinting is not designed as a screening tool--a function that involves questioning a subject about events unknown to the investigator. Instead, an investigator would be able to use certain information as evidence for or against a subject. For example, the technique could be used to determine whether a subject has knowledge of details about a crime. Officials representing the Central Intelligence Agency, the Department of Defense, the Secret Service, and the Federal Bureau of Investigation do not forsee using the brain fingerprinting technique because of its limited use. Furthermore, given the technique's limitations, the research expenses, equipment, and training costs are perceived to exceed benefits."

A letter report issued by the General Accounting Office with an abstract that begins "There has been little analysis of how the various Social Security reform proposals might affect the Social Security Disability Insurance (DI) program. This report assesses the potential impact of these proposals on the solvency of the DI trust fund. GAO found that most disabled beneficiaries would receive higher benefits under the various Social Security reform proposals it reviewed than under a solvency scenario that maintained payroll tax rates while reducing benefits. However, most of the disabled beneficiaries GAO studied would receive lower benefits under three of the reform proposals reviewed than under a solvency scenario that maintained current-law benefits while raising payroll taxes. The proposals GAO studied treat DI beneficiaries similar to Old-Age and Survivor Insurance beneficiaries. However, the circumstances facing disabled workers differ from those facing retired workers. The differences between disabled workers and retired workers suggest that Social Security reform proposals should be viewed not only in light of their effects on retired workers but also explicitly for their effect on disabled beneficiaries and their families."