Direct legislation laboratory
In: National municipal review, Band 40, Heft 2, S. 81-99
AbstractUse of initiative, referendum and recall in California municipalities aids in extension of principles to state.
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In: National municipal review, Band 40, Heft 2, S. 81-99
AbstractUse of initiative, referendum and recall in California municipalities aids in extension of principles to state.
In: American political science review, Band 45, Heft 2, S. 400-421
ISSN: 1537-5943
The United States has now had a half-century's experience with the process customarily denominated direct legislation. The phrase usually means, and is so used here, the power of the electorate to participate in the law-making function by voting for or against particular proposals submitted at regular or special elections. The proposals may have originated in the legislative assembly or they may have been submitted through the action of the electorate. There are other procedural details in which the processes in particular states may vary, but here the concern is with the general operation of the system. Perhaps more attention has been devoted to that situation in which the legislature has the option of submitting a proposal or not as it sees fit. It is not thought, however, that this detail would cause any serious difference in the conclusions that are drawn here or the suggestions that are made.Direct legislation has been associated with the Progressive movement which was active at the turn into the present century. The movement was a protest against a number of activities which were prevalent among the states at that time. One of the protests alleged that the legislatures had become wholly "corrupt" and that consequently it was necessary to "clean" them up. This line of analysis also postulated that the people were "incorrupt" and that if given the opportunity they would "purify" the political activity of their states and even the nation. Direct legislation was looked upon as one of the most significant means by which these goals were to be accomplished.
In: American political science review, Band 64, Heft 1, S. 124-137
ISSN: 1537-5943
Any middle-aged member of the political science guild in a retrospective mood might ponder a question: "What ever happened to direct democracy?" In our halcyon student days the textbooks discussed the direct democracy trinity—initiative, referendum, and recall—described their mechanics and variations, explained their origin in the Progressive Era, told us that the United States, Australia, and Switzerland were leading practitioners of direct democracy, cited a few eccentric referenda, gave the standard pro and con arguments, and essayed some judgments of the relative merits of direct and representative democracy. Latter day collegians may pass through the portals innocent of the existence of the institutions of direct government. Half of the American government texts never mention the subject; the others allocate a paragraph or a page for a casual mention or a barebones explanation of the mechanics.A similar trend has occurred in the literature. Before 1921, every volume of this Review had items on the referendum, five in one volume. Subsequently there have been only seven articles, all but two prior to World War II. "The Initiative and Referendum in Graustark" has ceased to be a fashionable dissertation topic, only four in the last thirty years. All but two of the published monographs antedate World War II.
In: Journal of Visual Impairment & Blindness, Band 65, Heft 2, S. 51-55
ISSN: 1559-1476
□ In summary, I have outlined the needs of older blind persons for adequate income, health care, rehabilitation services, housing, and other special services. I have briefly discussed existing federal laws designed to meet these needs and one proposal to meet the urgent need for rehabilitation services. Clearly, all of these programs need drastic improvement in many ways if adequate income and services are to be assured. And equally important, state and local agencies, which must inevitably be the providers of direct services, must forcefully advocate these services and become prepared to provide them.
In: Springer eBook Collection
I. The Evolution of Patent Legislation and Practices under Patent Rights, Nationally an Internationally -- I. Society and the Inventor -- II. The Role of Patents Today -- III. The Development of an International Patent System -- II. The Effects of the International Patent System on Developing Countries and Possible Changes of the System ror their Benefit -- I. The Status of Developing Countries in Patent Matters -- II. The Direct Effects of the International Patent System on Developing Countries -- III. Indirect Effects of the International Patent System -- IV. The Positions of various International Organizations -- V. The scope for Remedies within the existing System -- VI. Possible Remedies Outside the Present System -- Conclusions -- Abbreviations used in the Bibliography.
In: National civic review: promoting civic engagement and effective local governance for more than 100 years, Band 55, Heft 11, S. 663-663
ISSN: 1542-7811
In: International law reports, Band 21, S. 3-8
ISSN: 2633-707X
International Law — Subjects of — Individuals as Direct Beneficiaries of Treaties.International Rivers — Freedom of Navigation on — Rhine Convention — Treaty Provisions in Relation to the Territorial State's Own Subjects — Direct Operation of Treaty.Treaties — Operation of — Direct Operation of Treaties in Relation to Individuals.International Law — Relation to Municipal Law — Legislation Inconsistent with Treaty Obligations — Validity of — The Law of Holland — Convention of Mannheim of 1868 concerning Navigation on the Rhine and Netherlands Inland Navigation Legislation — Freedom of Navigation — Denial of Freedom of Navigation to the State's Own Subjects — Direct Conferment of Treaty Rights upon Individuals — Travoux préparatoires.
The main purpose of this study is to determine the direction and magnitude of the trend, if any, in the level of wages paid to members of the labour force in Manitoba relative to the wage levels elsewhere in Canada. No attempt is made to identify causal factors. However, the influence of agricultural wage levels on the total regional wage structure is briefly considered. Following a review of some similar wage studies, a research method is formulated. An attempt is then made to analyze the available data. On the basis of the method used and the admittedly highly qualified and limited data for fifty-two selected occupational titles within twenty selected industries, the evidence suggests the following: 1. At present, Manitoba's wage level is slightly above that of Canada as a whole and approximately ten per cent below that of British Columbia. 2. The relationship between regional wage structures is essentially stable with the Manitoba wage level showing an adverse relative trend of approximately one-third of one percent per year. 3. Geographic wage differentials are strongly influenced by the industrial mix of a region. Indeed, it may be accurate to speak of a geographic differential only in terms of individual industries. 4. Manitoba's wage level does not appear to be strongly influenced by wage trends in the province's agricultural industry. Finally, some policy implications of the results are considered. Implied is a need for a national policy for regional economic growth. Failing such a policy, and if a widening geographic differential is considered bad, then, a reversal of the present trend in the Manitoba wage level is necessary. A program to achieve such a result is suggested. It requires the provincial government to intervene in the labour market using whatever means are at its disposal short of wage controls and direct legislation.
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Humane education Animal research in Connecticut Live animal experiments by school children Meetings Cooperation with National HSUS Animal welfare in Bridgeport Stamford shelter Fairfield County rescue work Advisory service Scholarship Lost or stolen pets Bullfight exhibition for children Hunting Legislation Farm Animals Direct Animal Welfare Abandoned pets Miscellaneous World Federation for the Protection of Animals Forecast for 1966
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The purpose of this note is to examine the judicial interpretation of the Williams Amendments to the Securities Exchange Act. The background of the legislation is outlined to direct attention to its general purpose and to isolate its intended beneficiaries.' A discussion of the actual amendments will provide the informational base necessary for consideration of the recent cases. The critical discussion of the first few cases interpreting the amendments provides the foundation for a suggested approach in applying the available remedies to violators of the Williams Amendments.
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In: International law reports, Band 40, S. 117-147
ISSN: 2633-707X
State responsibility — Claims — Nationality of — Treaty of Peace with Italy, 1947 (Article 78 (9) (a)) — 'United Nations nationals' — Meaning of 'treated as enemy' — Whether including persons who suffered merely nominal direct damage — Restrictive interpretation — Whether maxim de minimis non curat lex applicable — Article 78 (4) (a) and (b) of the Peace Treaty — Claim for war damage to property of corporation — Property formerly owned by claimant but transferred to simulated corporation to circumvent anti-semitic legislation — Claimant sole shareholder at date of claim — Whether entitled to compensation — Italian-United States Conciliation Commission.
In: Progress in Public Administration, Band 22, Heft 4, S. 85-115
(Précis of a course of lectures on Industrial Legislation) by M.-A. Flamme Lecturer at the University of Brussels The author begins by defining « Industrial Legislation » as an academic field. This subject is optional for undergraduates of the Faculties of Laws of the four Belgian Universities, in the last two semesters of their studies. But its scope has never yet been determined precisely. French, and Belgian, authors writing on Industrial Legislation, in point of fact treat only of labour legislation — classed in Belgian universities under « Social Legislation ». Yet, between Private and Public Law, there is an important sector, the limits of which are not closely defined, comprising inter alia Transport, Motive Power, and Mines, considered as « the big three » of Industrial Legislation. The author reviews: rail transport, both railways proper and the rural lines operated respectively (in Belgium) by the Société Nationale des Chemins de fer Belges and the Société Nationale des Chemins de fer Vicinaux; tramways (of which the Brussels Intercommunal régie or « directly operated public enterprise » is the most advanced example); road transport, both passengers and goods; inland waterways transport; air transport, for each of which the regime of concessions, of control, and, in some cases, of direct operation comes under consideration. The second chapter deals with power production and distribution; the third with mines. Further, the doctrinal aspects of the freedom of trade and of industry are studied, in Law. In conclusion, the author finds that the title Industrial Legislation, is somewhat of a misnomer. Economists often place industry in opposition to trade, whilst jurists group them both under « Commercial Law ». Speaking more generally, human industry is a global concept. And it is hard to say under what heading industrial ownership, distinct or not from freedom of trade and industry, is to be classed, in view of problems such as that of the civil or the public rights involved. Industrial Legislation would appear to come best under Economic Administrative Law, or Economic Public Law, concerned with State regulatory powers and protectionism, or even interventionism. Freedom or Control of industry? The choice between the two is the very crux of modern existence.
In: The annals of the American Academy of Political and Social Science, Band 319, Heft 1, S. 94-103
ISSN: 1552-3349
Many states have lobbying laws which require the filing of registration, appearance and expense statements. However, these laws for the most part are restricted in cover age to direct communication with members of the Legislature and the Governor in influencing legislation. Although the in tention of the Federal Regulation of Lobbying Act of 1946 was to regulate both direct and indirect communication with Con gress by pressure groups and lobbyists, this objective was car ried out by using vague and ambiguous language in a law with criminal penalties as sanctions. A series of decisions by the United States Supreme Court involving the existing statute has construed lobbying in its commonly accepted sense as repre sentations made directly to the Congress. The members of the McClellan investigating committee, aware of the need of ob serving constitutional guaranties, are sponsoring in the 85th Congress Senate Bill 2191 which provides for the revision of the existing statute with requirements for disclosure of both direct and indirect communications with Congress and with any agency or department of the executive branch. To meet strict Constitutional requirements, civil penalties are provided for all persons except legislative agents who continue to be subject to criminal punishment as well as those who file false statements or send spurious communications.
In: American journal of international law: AJIL, Band 45, Heft 1, S. 62-82
ISSN: 2161-7953
In the case of Sei Fujii v. The State, the District Court of Appeals of California held that a State statute which prohibited aliens ineligible to citizenship from acquiring land within the State was "in direct conflict with the plain terms" of provisions concerning human rights in the United Nations Charter, a treaty binding upon the United States. Consequently, land granted to a Japanese in 1948 did not escheat to the State. The case involves important questions of United States constitutional law, of international law, and of legal policy.On the issue of constitutional law the opinion follows a long and unbroken tradition that if State legislation conflicts with obligations undertaken by the United States in a treaty, the legislation will not be applied by the courts. The terms of Article 6, paragraph 2, of the Constitution are unambiguous:
… all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding.
In: The annals of the American Academy of Political and Social Science, Band 343, Heft 1, S. 39-47
ISSN: 1552-3349
Corporate managers must weigh the public con sequences of their decisions if they wish to keep the state from reasserting its proper authority vis-à-vis the corporation. The only defensible standard to guide them is the public interest defined in exclusively procedural terms. This definition should lead them to underwrite projects likely to keep the ultimate ends of life private, pluralistic, and uncongealed. Such a com mitment requires their support of practices which keep the political machinery in good repair but not their manipulation of the machinery so that it will produce some definite, substan tive result. If this is recognized as being too unnerving an assignment for corporate managers, legislation should free them to direct their energies once again to the single purpose of maximizing profits.