Suchergebnisse

Progressive property in action : widening the doctrinal lens -- Understanding progressive property : traits, themes and values -- Property as ideology, individual right, and institution -- Engaging constitutional property rights -- Standards of review and the form of constitutional property rights -- Adjudicating fairness : the 'unjust attack' assessment -- Security of possession in a progressive constitutional context -- Security of value in a progressive constitutional context -- 'Progressive property' in action : context, complexity, and the democratic mediation of property rights and social justice. "Property theory spans a wide range of overlapping issues, including addressing private ownership's moral justification, its core features and scope as a matter of private law, and its status as a matter of public law, often without distinguishing sharply between the applicability of the concepts and arguments developed at the level of theory in these various contexts"

The focus of this research is in the area of the United States death penalty. More specifically, it examines the use of the felony murder rule and the law of parties at both federal and state level. These areas are considered in light of the 8th Amendment as according to the interpretations of the United States Supreme Court. The approach taken in this article is two dimensional: firstly it considers the theoretical approach to the felony murder rule and the law of parties by way of assessing the legislation and precedents at federal level, secondly it examines the law in practice at state level and compares and contrasts them. This article seeks to establish that the law of parties imposing the death penalty on non-triggerman accomplices is arbitrary, inadequate, unjustified and unconstitutional through its violation of the 8th Amendment.

This Thesis analyses the protection of private property rights in the Irish Constitution both critically and constructively. Critically, it examines the results driven nature of Irish constitutional property doctrine through detailed analysis of case-law. Constructively, it extracts the judicial preferences concerning property that are latent in the doctrine and assesses the theoretical arguments concerning the value of private ownership that they reflect in order to better explain the Irish constitutional orientation towards private property rights. The Thesis is the product of extensive textual analysis of primary and secondary sources. I principally studied the Irish Constitution and judgments of the Irish courts. I also considered decisions from the US and the UK, as well as decisions of the European Court of Human Rights and the European Court of Justice. I analysed Irish statutes and secondary legislation where relevant. I also studied secondary literature on the protection of private property and constitutional property rights adjudication from various library collections. ; TARA (Trinity?s Access to Research Archive) has a robust takedown policy. Please contact us if you have any concerns: rssadmin@tcd.ie

In 1965, appalled by the racial disparity with respect to access to higher education, the federal government implemented the Higher Education Act. After more than 40 years of programmatic intervention, gaps persist. As such, this study analyzes two of the three original HEA programs—Upward Bound and Talent Search—focusing on race/ethnicity and socioeconomic status, examining program effectiveness on a national scale. Based on deformed choices ideology and using a nationally representative data set, the National Education Longitudinal Study, event history analysis is employed to determine the effect of Upward Bound and Talent Search with respect to college attendance rates. Both hazard and risk ratios are used to determine the interaction between program participation and race/ethnicity. Program participation significantly benefits low-SES African American and impoverished Hispanic students, providing college attendance opportunities equivalent to that of average-SES White students. Once the school effect on the hazard function was taken into consideration, the benefit of program participation for African American and Hispanic students increased further. Future research is required to ensure effective use of appropriations, while implementation is extended to the masses of low-SES African American and Hispanic students. Directions of future research and policy implications are discussed further.