Australian History: The Imperial Context 1880s‐1939
In: The Australian journal of politics and history: AJPH, Band 40, Heft 1, S. 1-15
ISSN: 1467-8497
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In: The Australian journal of politics and history: AJPH, Band 40, Heft 1, S. 1-15
ISSN: 1467-8497
In: Knowledge and Policy, Band 7, Heft 1, S. 3-24
ISSN: 1874-6314
In: The Australian journal of politics and history: AJPH, Band 40, Heft 1, S. 1-15
ISSN: 0004-9522
In 1987, I published an overly long article in the Yale Law Journal entitled Of Sovereignty and Federalism. In it, I advanced a "converse-1983" model of federalism-a model that highlighted the ways in which state laws can provide remedies when federal officials violate federal constitutional rights. For example, prior to the 1971 landmark of Bivens v. Six Unknown Federal Agents, citizens whose Fourth Amendment rights had been violated by federal officers had no clear federal cause of action; but state trespass law often provided a remedy, and enabled citizens to recover when their "persons, houses, papers, [or] effects" had been unreasonably searched or seized by federal officials. The point, I suggested, was generalizable. State remedies could often protect citizens against unconstitutional behavior by federal officers, just as federal remedies-such as Section 1983-could often protect citizens against unconstitutional behavior by state officials. Rightly understood, "federalism" should protect citizens and limit government abuse-in contrast to the Supreme Court's regular invocation of "Our Federalism" to deny citizens full remedies for constitutional wrongs. Concretely, I argued in 1987 that states should adopt "converse-1983" statutes that might invoke and invert the language of section 1983 as follows: "Every person who, under color of any statute, ordinance, regulation, custom, or usage, of [the United States], subjects or causes to be subjected, any citizen of [this state] or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the [United States] Constitution, shall be liable to the party injured in an action of law, suit in equity, or other proper proceeding for redress." The first draft of this overly long 1987 article was even longer still. Early on, I sketched out four competing models of federalism as foils for my own "converse-1983" model. Eventually, I decided to omit this entire section for space reasons. I put the out-take in a drawer. ...
BASE
In: Administrative Science Quarterly, Band 38, Heft 4, S. 653
In: Administrative science quarterly: ASQ ; dedicated to advancing the understanding of administration through empirical investigation and theoretical analysis, Band 38, Heft 4, S. 653-682
ISSN: 0001-8392
In: Inadvertent Nuclear War, S. 31-35
In: International migration review: IMR, Band 26, Heft 2, S. 258-268
ISSN: 1747-7379, 0197-9183
Like other Soviet successor states, the Ukraine is faced by multiple international migration-related dilemmas and opportunities. However, apocalyptic predictions forecasting mass emigration appear unwarranted. The future character of Ukrainian emigration policies is discernible in the category of those who travel for "personal reasons," most of whom are tourists. Many tourists are looking for work abroad. Business trips constitute a second class of often concealed labor force movement. The ecological effects of the Chernobyl disaster also will be a long-term factor affecting Ukrainian emigration.
In: History of political economy, Band 24, Heft 1, S. 257-260
ISSN: 1527-1919
In: International affairs: a Russian journal of world politics, diplomacy and international relations, Heft 10, S. 3-10
ISSN: 0130-9641
World Affairs Online
In: Forum for development studies: journal of Norwegian Institute of International Affairs and Norwegian Association for Development, Band 19, Heft 1, S. 51-65
ISSN: 1891-1765
In: Japan review of international affairs, Band 6, Heft 3, S. 300-321
ISSN: 0913-8773
World Affairs Online
In: International migration review: IMR, Band 26, Heft Summer 92
ISSN: 0197-9183
In: Studies in comparative international development, Band 27, Heft 2, S. 105-106
ISSN: 0039-3606
In: Forum for development studies, Heft 1, S. 51-65
ISSN: 0803-9410
World Affairs Online