This Article discusses the implications of certain new technological developments on legislators and it seeks to answer the question of whether some of the existing long-standing legal principles are compatible with technological evolutions or whether new legislation will need to be adopted. ; N/A
German law and order policies have been described as exceptional compared to other Western industrialized countries in that they seem to have been immune to a general trend toward increased toughness. However, recent studies have cast some doubt on this finding. The present article addresses this divergence and contributes to the literature in two respects. First, drawing on a new dataset on German federal legislation on law and order (1994‐2013), we show that a slight trend toward tougher legislation is visible although talking about a "punitive turn" would be largely exaggerated. Second, we find that the explanation of this pattern is to be found in the peculiarities of the German political system which seems to have constrained any attempts to implement tougher policies: strong institutional veto points have hindered far‐reaching proposals from being adopted and have pushed German law and order policies toward a middle way.Related Articles
Butz, Adam, Michael P. Fix, and Joshua L. Mitchell. 2015. "." Politics & Policy 43 (): 347‐377. http://onlinelibrary.wiley.com/doi/10.1111/polp.12116/abstract
Jenkins‐Smith, Hank C., and Kerry G. Herron 2009. "." Politics & Policy 37 (): 1095‐1129. http://onlinelibrary.wiley.com/doi/10.1111/j.1747-1346.2009.00215.x/abstract Related MediaFilm clip on preventive detention in Germany by the "Deutsche Welle." http://www.dw.com/popups/mediaplayer/contentId_15046630_mediaId_6519215Video report on preventive detention in Germany on dailymotion. http://www.dailymotion.com/video/x2vbli7Editorial on the crime drop in the Western world. http://www.economist.com/news/leaders/21582004-crime-plunging-rich-world-keep-it-down-governments-should-focus-prevention-notReport on the crime drop in the rich world. http://www.economist.com/news/briefing/21582041-rich-world-seeing-less-and-less-crime-even-face-high-unemployment-and-economic
Basic Equality and Discrimination examines the justification, interpretation and application of discrimination law. In order to navigate the often dense and conflicted jurisprudence in this area, the work first considers equality as a moral and political concept, thus providing a clearer understanding of the nature of the value - equality - and illustrating the nature of the difficulties posed by constitutional and ordinary 'equality law'.
Cover -- Contents -- Acknowledgments -- PART ONE. LOCATING THE NETWORKED SELF -- 1 Introduction: Imagining the Networked Information Society -- 2 From the Virtual to the Ordinary: Networked Space, Networked Bodies, and the Play of Everyday Practice -- PART TWO. COPYRIGHT AND THE PLAY OF CULTURE -- 3 Copyright, Creativity, and Cultural Progress -- 4 Decentering Creativity -- PART THREE. PRIVACY AND THE PLAY OF SUBJECTIVITY -- 5 Privacy, Autonomy, and Information -- 6 Reimagining Privacy -- PART FOUR. CODE, CONTROL, AND THE PLAY OF MATERIAL PRACTICE -- 7 "Piracy," "Security," and Architectures of Control -- 8 Rethinking "Unauthorized Access" -- PART FIVE. HUMAN FLOURISHING IN A NETWORKED WORLD -- 9 The Structural Conditions of Human Flourishing -- 10 Conclusion: Putting Cultural Environmentalism into Practice -- Notes -- Bibliography -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- R -- S -- T -- U -- V -- W -- Y -- Z.
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Federal Diversity Jurisdiction--Citizenship for Unincorporated Associations In 1889 the United States Supreme Court ruled in Chapman v.Barney' that a New York joint stock company was not to be considered a "citizen" for purposes of federal diversity jurisdiction. This decision provided the basis for the rule that unincorporated associations are not considered juridical persons, and that the citizenship of their individual members is determinative of federal diversity. ======================================= Protecting the Client When His Lawyer Dies The problems which arise when a practicing attorney suddenly diestake many shapes. Those which face the law firm are of both an ethical nature, involving the continuance or disposition of the lawyer's practice, and a legal nature, concerning the re-organization of the law firm or the termination of the attorney-client relationship.' The extent to which a client's interests are affected when his attorney dies depends upon two basic factors: whether he had notice of his lawyer's death; and whether he had time, after receiving notice, to take the necessary steps to protect his interests.
Cover -- About This Issue Guide -- Introduction: Medicare and Medicaid: How Can We Afford Them? -- Option One: Do What It Takes to Maintain Our Commitment -- Tax hikes may make sense -- Sharing in the cost -- What we could do -- Option Two: Reduce Health-Care Costs Throughout the System -- Waste robs health-care dollars -- Bargaining over drug prices -- What we could do -- Option Three: Get Serious about Prevention -- Curb alcohol use, not just smoking -- Put farmers' markets on wheels -- Care for seniors and the disabled at home -- What we could do
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In United States v. Philadelphia Nat'l Bank,' the Supreme Court enjoined a proposed merger of the second and third largest commercial banks in Philadelphia. The Court held, inter alia, that section 7 of the Clayton Act 2 applied to bank mergers, and that the merger in question might substantially lessen competition. Central to the reasoning of the majority was the premise that an unchecked trend toward concentration of market power in commercial banking is contrary to the public interest in maintaining competition among existing commercial banks. Since commercial banking had traditionally been considered exempt from section 7 prosecution, the cry for legislative response was immediate. The 1966 amendment to the Bank Merger Act of 1960 reflects the congressional reaction. The amendment attempts to reconcile the judicial application of section 7 with the standards applied by the federal banking agencies in evaluating merger applications under the 1960 act. It is anticipated that this reconciliation will develop from the establishment of a single set of standards against which future merger applications may be measured. These standards are applicable to "the banking supervisory agencies, the Department of Justice, and the courts under the antitrust laws." This note, by combining legal analysis of the amendment with pertinent economic considerations, will attempt to evaluate the effectiveness of the legislation and expose those areas which require more intensive congressional consideration.
With complex legal and ethical dilemmas arising daily in intensive care medicine, it can be hard to know who to admit and when, the stage at which invasive management should be withdrawn, or who should even decide. Clinically focused, this book explores landmark rulings on controversies in critical care to aid your day-to-day decision making
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