Suchergebnisse

p> This note examines the forces in play leading up to the United States Supreme Court's decision in Rumsfeld v. Forum for Academic & Institutional Rights, Inc., a case in which the Court upheld a federal law conditioning the receipt of federal funding by law schools (and other institutions of higher learning) on those schools granting United States Military recruiters equal access to students, despite First Amendment claims brought by those schools. This note first explores the facts leading to the controversy that culminated in an appeal to the Supreme Court. Next, this note explores the background of the issues presented in Rumsfeld, including the United States military's historic treatment of homosexuals, the law schools' disagreement with military recruiters, and the background of the First Amendment arguments invoked by the law schools in an attempt to avoid being forced to accommodate military recruiters. Finally, this note explains the Court's reasoning in Rumsfeld and concludes with a discussion of the significance of the Rumsfeld decision. The significance section further illustrates how this decision the first major decision of the Court since the death of Chief Justice Rehnquist and the retirement of Justice O'Connor may foreshadow the direction of the Court's future decisions relating to military affairs and political matters.

La historia constitucional colombiana ha estado llena de contradicciones y particularidades llamativas para la teoría constitucional. Este artículo pretende ocuparse de algunos de esos rasgos, que pueden agruparse en la idea del constitucionalismo relativo o el disfraz constitucional. Creemos que esta figura explica la forma en la que Colombia ha mantenido una institucionalidad relativamente estable aunque no haya logrado consolidarse aún un estado constitucional. Algunos de los fenómenos que, a nuestro parecer, son ejes destacables del constitucionalismo colombiano y hacen de él un constitucionalismo relativo son: la dictadura constitucional, la guerra y su relación con la legitimación constitucional y la reformulación del concepto y el ejercicio de la soberanía para facilitar su traslado a un dictador benévolo. Trataremos de mostrar esto con una breve aproximación histórica, el recuento de las visiones de los autores clásicos de la teoría constitucional, la implementación de estos conceptos en la vida republicana de Colombia y en el momento actual. Con esto pretendemos mostrar que el constitucionalismo relativo ha sido la forma de evitar las exigencias materiales propias de un modelo constitucional, pero logra mantener la apariencia de una fuerte defensa del constitucionalismo y de los valores que este pretende preservar. ; The history of colombian constitutionalism has been characterized by many interesting contradictions and particularities in terms of constitutional theory. This essay seeks to study some of the situations that we consider part of relative constitutionalism or the constitutional disguise. We believe that this concept can explain the reasons why Colombia has conserved certain stability despite having not consolidated rule of law. Some of the phenomena that are relevant in colombian constitutionalism and are characteristic of relative constitutionalism are: the constitutional dictatorship, the war and its relationship with constitutional legitimation, and the change in the meaning of sovereignty to facilitate the transfer of power to a benevolent dictator. We will try to show those ideas through a brief historical review, an approximation to classical authors of Constitutional Theory, the use of those concepts in Colombian republican history and at this moment. In our opinion we will demonstrate that relative constitutionalism has been the way to avoid material demands proper to the rule of law, while managing to maintain the appearance of a strong defense of constitutionalism and its values.

This paper considers the various legal issues that would arise in the context of Quebec's secession from Canada, and attempts to situate these issues politically. The author argues that, under the current constitutional amending formula, Quebec secession would require the support of the federal Parliament as well as the unanimous consent of the provinces; he also suggests that it is extremely unlikely that this level of support would be attained. The paper goes on to explore the possibility of Quebec seceding from Canada through a unilateral declaration of independence (UDI), suggesting that the success or failure of a UDI would depend upon the ability of Quebec to exercise effective and exclusive control over its own territory and population. The author also argues that a Quebec UDI would almost certainly be contested by Canada, thus precipitating a costly contest for legal supremacy between the Canadian and Quebec governments. The legal, economic, and political uncertainty associated with two rival regimes would impose enormous costs on everyone involved, leading to author to conclude that a Quebec uDi is a legal possibility, but quite impractical and unacceptable in pragmatic political terms. The final section of the paper considers the implications of the recent proposals for joint political institutions between a sovereign Quebec and Canada, claiming that joint political institutions are unlikely to be created following sovereignty.

1st edition published in 1898. ; Includes bibliographical references and index. ; Mode of access: Internet.

Agency or State Administration Official (state administration office) has wide authority in carrying out government affairs (executive). With such wide authority it tends to be misused so as to cause harm and injustice on the part of the community, therefore there must be other institutions that control it. Based on the theory of political trias politics of the executive is politically controlled by the legislative and judicially controlled by the judiciary, because the state administrative officer executive function, the judicial jurisdiction that controls juridically is the court of state administration. In addition, Public services are the basic social rights of the society (social rights). Social rights is the right to receive, the right to receive from the government, therefore the government is obliged to provide the best service to the public. However, in the implementation of public services has not been obtained by the community well. The Governance and Decentralization Survey (GDS) 2002 found three important issues that occur in the field of public service provision: first, the magnitude of service discrimination, Secondly the absence of certainty of cost and service time; third, low level of public satisfaction on public services. From this situation opens opportunities for government officials to perform maladministration actions in public services. The number of maladministration actions in public service can be proven with data that has been reported by Ombudsman RI every year the graph always go up. Therefore, the construction of legal responsibility for maladministration actions carried out by government officials in public services should be reformulated immediately.

"Prepared by Legislative Analyst, September 24, 1958." ; Mimeographed. ; Includes bibliographical references. ; Mode of access: Internet.

Partly reprinted from various sources ; Certainty and justice -- The challenge to the Constitution -- What is the matter with the law? -- Jury trial as an instance of constitutional development -- Criminal procedure and the Constitution -- The Constitution and our new peoples; citizens, subjects, nationals or aliens -- The law and our industrial development. "The rule of reason" -- Perversion of precedent. Stare decisis. History misinterpreted -- Aliens and the progress of the law -- Progress of international law in treatment of political crime -- The crisis of the law; professional incompetency ; Mode of access: Internet.

Conflict of Laws--Workmen's Compensation--Forum's Use of Foreign State's Tort Law for Recovery Against Third Party Does Not Require Forum's Use of Foreign State's Election Provision in Workmen's Compensation Suit ============================== Constitutional Law--Advertising-Statute Restricting Size,Number, and Location of Gasoline Price Signs Is Unconstitutional =============================== Evidence-Attorney--Client Privilege--Applicability When a Corporation Is the Client =============================== Evidence--Attorney-Client Privilege-Doctor's Report to Attorney on Condition of Client Is Within Privilege =============================== Federal Jurisdiction--In Federal Question Action Federal Court Is Competent To Exercise In Personam Jurisdiction Over Corporation if It Has Sufficient Contacts With United States =============================== Federal Rules of Civil Procedure--Counterclaim Not Compulsory in First Suit When Statute Requires Splitting of a Cause of Action =============================== Government Immunity and Liability--Tucker Act-No Liability for Noise, Smoke, and Vibrations Made by Jet Planes Flying Over Land Adjacent to That of Plaintiff ================================ Insurance--Punitive Damages Must Be Excluded From Liability Coverage ================================ Physicians & Surgeons--Private Hospital May Not Exclude Licensed Physician Merely Because He Is an Osteopath ================================ Products Liability--Breach of Warranty-Notice Requirement of Uniform Sales Act Not Applicable to Suit by Remote Consumer Against Manufacturer Section 49 of the Uniform Sales Act' relieves a seller from liability ================================ Suretyship and Guaranty--Subrogation Rights of a Surety on a Government Contractor's Bond ================================ Taxation--Federal Estate Tax-Election by Surviving Spouse To Allow Community Property To Be Governed by Will of Deceased Spouse Is a Transfer for Consideratio ================================ Taxation--Federal ...