Suchergebnisse

Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches' immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can't account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our "First Amendment institutions" to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote--and provoke--important new discussions about the shape and future of the First Amendment

Dieser Essay folgt der Frage, unter welchen Voraussetzungen eine Institution der Kritik existiert. Ausgehend vom Format Kunstverein werden die Bedingungen einer kritischen institutionellen Praxis betrachtet. Als bürgerliche Initiativen verstehen sich Kunstvereine als Rahmen für die Verhandlung eines demokratischen Selbstverständnisses. Den Ausgangspunkt der Betrachtung bildet die immanente Kritik der Institutionen, die maßgeblich von künstlerischen Positionen ab den späten 1960er Jahren vorangetrieben wurde und die Bedingungen des Ausstellens reflektierte. Abschließend wird ein Blick darauf geworfen, worin das Potenzial der Kunstvereinstätigkeit unter aktuellen Vorzeichen liegen kann.

The central questions that motivate this work, concern with understanding how do informal markets function outside the formal contract and property rights framework, and in doing so, what kinds of institutions do these markets develop. I attempt to answer these questions through case studies of three markets in India, namely, footwear cluster in Agra, coal-mines mafia in Dhanbad, and sex work (prostitution) in New Delhi. Locating the study of informal markets and institutions in broad literature of law and development, the thesis advances policy suggestions that would be useful in a general context of developing countries and their unregulated markets. More than 90% of Indian workforce is informal, thus making it a very important economic impulse to be examined. Through primary fieldwork, I collect data in three Indian markets, and understand the micro-institutional framework that guides the functional order of transactions that lie 'outside the law.' In general, my findings reveal that every informal market is hinged on an intermediary, who in absorbing the otherwise high transaction costs at a price, affords stability to the market. For relevant policy interventions therefore, it is crucial that the intermediating institutions are examined carefully. At a general level, the thesis narrates the importance of understanding local institutions in presence of global blueprints of law reforms. If law is an effective tool for development, then it has to adequately appreciate the heterogeneous institutions located within the market frameworks.

"The article elaborates the conceptual difference between two core concepts of the French approach of economics of convention (EC), namely convention and institution. It is argued that modern institutionalisms and neoinstitutionalisms need to delimit the meaning of the notion institution as EC does. Then it is possible to work out the relations of institutions and other forms of cultural or structural resources. A proposal for such an elaboration is done by differing four perceived situations for institutional analysis. This elaboration could be used to enhance the explanatory capabilities of EC." (author's abstract)

Details of over 5,900 key personnel in each of the major institutions, including: European Commission, European Parliament, Economic and Social Committee, Council of the European Union, Court of Justice, European Investment Bank, Court of Auditors, Committee of Regions and EU Agencies

Addressing a host of hot-button issues, from the barring of Christian student groups and military recruiters from law schools and universities to churches' immunity from civil rights legislation in hiring and firing ministers, Paul Horwitz proposes a radical reformation of First Amendment law. Arguing that rigidly doctrinal approaches can't account for messy, real-world situations, he suggests that the courts loosen their reins and let those institutions with a stake in First Amendment freedoms do more of the work of enforcing them. Universities, the press, libraries, churches, and various other institutions and associations are a fundamental part of the infrastructure of public discourse. Rather than subject them to ill-fitting, top-down rules and legal categories, courts should make them partners in shaping public discourse and First Amendment law, giving these institutions substantial autonomy to regulate their own affairs. Self-regulation and public criticism should be the key restraints on these institutions, not judicial fiat. Horwitz suggests that this approach would help the law enhance the contribution of our 0First Amendment institutions0 to social and political life. It would also move us toward a conception of the state as a participating member of our social framework, rather than a reigning and often overbearing sovereign. First Amendment Institutions offers a new vantage point from which to evaluate ongoing debates over topics ranging from campaign finance reform to campus hate speech and affirmative action in higher education. This book promises to promote—and provoke—important new discussions about the shape and future of the First Amendment.

AbstractThis paper introduces the notion of 'cognitive' institution and discusses its relevance to institutional economics. Cognitive institutions are conceptually founded on the philosophy of mind notion of extended mind, broadened to also include the distinctly social, institutional, and normative dimensions. Cognitive institutions are defined as institutions that not just allow agents to perform certain cognitive processes in the social domain but, more importantly, without which some of the agents' cognitive processes would not exist or even be possible. The externalist point of view of the extended mind has already had some influence in institutional economics: Arthur Denzau and Douglass North first introduced the notion of institution understood in terms of 'shared mental models', and relatedly philosopher Andy Clark introduced the notion of 'scaffolding institution'. We discuss shared mental models and scaffolding institutions and go a step further by showing that the notion of cognitive institution can capture more fundamental and salient aspects of economic institutions. In particular, we focus on the market as an economic cognitive institution.

"Environmentally sustainable development has become one of the world's most urgent priorities. But countries cannot achieve it alone: it depends on international coordination and action. Greening International Institutions, the latest in a series of highly-acclaimed publications devoted to environmental and developmental law, assesses how far and how successfully intergovernmental organizations have responded to the challenge. The organizations analyzed include: the UN General Assembly, the new Commission for Sustainable Development, UNEP, UNDP and UNCTAD, WTO, GATT, NAFTA, the Bretton Woods institutions and several regional bodies, as well as treaty bodies and the mechanisms for avoiding and settling disputes. For each, the contributors provide an accessible overview of the organization's mandate and structure, examine substantive policy initiatives and assess the need and scope for procedural and institutional reform. Drawing together a collection of essays by lawyers and researchers from various backgrounds, Greening International Institutions is stimulating reading for students and policy-makers, as well as anyone concerned with the development of international institutions. Jacob Werksman is an attorney, a Programme Director at FIELD, and Visiting Lecturer in International Economic Law at the University of London. Greening International Institutions is the fifth volume in the International Law and Sustainable Development series, co-developed with FIELD. The series aims to address and define the major legal issues associated with sustainable development and to contribute to the progressive development of international law. Other titles in the series are: Greening International Law, Interpreting the Precautionary Principle, Property Rights in the Defence of Nature and Improving Compliance with International Environmental Law. 'A legal parallel to the Blueprint series - welcome, timely and provocative'David Pearce Originally published in 1996"--Provided by publisher.