...consist of three parts , history of native; how federal polices effect on native American ; what situation the native American in today. After reading this chapter, I think racism is a very painful problem in the United States. of the first acts of racism in American was against the Native Americans. At first, the Native Americans were the Europeans’ friends. The Native Americans showed the Europeans how to farm, hunt and live off the land in this new America. As time went by and the Europeans became comfortable, they no longer need the Native American people. The Native American people were in the way, they had land that the growing population of the Europeans wanted and needed. This was the start of many treaties that the American Government would make the Native people, and the start for racism against them. Out of all the treaties that the American Government made with the Native People, they kept all of them, but the United States only kept half of the treaties. For federal policies, American government gives an immense amount of respect to such diverse cultures and groups, but where is the respect for the Indians. When the United States first became an independent nation, it adopted the European policies towards these native peoples, but over the course of two centuries the U.S. adapted its own widely varying policies regarding the changing perspectives and necessities of Native American supervision. At times the federal government recognized the Indians as self-governing,...
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...– 1195 DEMOCRACY AND POLITICS OF GODFATHERISM IN NIGERIA: THE EFFECTS AND WAY FORWARD Alabi Abdullahi Department of Social Sciences and Global Studies (Political Science Unit), Kwara State University, Malete, Ilorin, Nigeria Sakariyau, Rauf Tunde Department of Political Science, Centre for Distance Learning, University of Abuja, Nigeria ABSTRACT Political godfatherism is one of the factors that embedded democratic setting in Nigeria since first republic. In view of this, this research work is primarily designed to examine democracy and politics of godfatherism in Nigeria with emphasis on its effects and way forward. The study adopts primary and secondary data to analyze some critical issues, like political violence, vote buying, disenfranchisement and some other political and socio-cultural factors that embedded democratic setting in Nigeria since 1999 till current political dispensation engaged by godfathers and godsons. The study further explores the relationship between godfathers and godsons with a particular attention to who become the next strongmen in the area of politics and who retains the status quo. This study examines some key concepts, such as democracy, political violence and political godfatherism. Finally, the study concludes with recommendations in order to ensure good governance and political stability in Nigeria. INTRODUCTION Democracy in Nigeria has had a chequered history. From the ‘Wild-Wild West’ experience of the first republic through prolonged autocratic...
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...In this academic paper the researcher will endeavor to with the aid of examples assess the view ethnicity in Africa serves to polarize otherwise connected groups. A conclusion based on the data used, and the analysis of material used will be given at the end of this academic work. Ethnic groups are defined as a community of people who share cultural and linguistic characteristics including history, tradition, myth, and origin. Scholars have been trying to develop a theoretical approach to ethnicity and ethnic conflict for a long time. Some, like Donald Horowitz, Ted Gurr, Donald Rothschild and Edward Azar, agree that the ethnic conflicts experienced today-- especially in Africa -- are deep rooted. These conflicts over race, religion, language and identity have become so complex that they are difficult to resolve or manage. Ethnicity has a strong influence on one's status in a community. Ethnic conflicts are therefore often caused by an attempt to secure more power or access more resources. The opinion of this study is that conflict in Africa is synonymous with inequality . Using Nigeria and South Africa as case studies, it compares the management of ethnic conflicts in both countries and shows the difficulties in managing deep-rooted and complex conflicts. The governments of Nigeria and South Africa have taken bold constitutional steps to reduce tension, but the continuing ethnic and religious conflicts raise questions about the effectiveness of these mechanisms. This study...
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...notes and issues The Full Spectrum of Real Estate Risk Analysis1 by Gary P. Taylor, MAI, SRA, and William E. Endsley he full spectrum of real estate risk analysis begins with the traditional banking infrastructures needed to fund property development and economic growth. The spectrum extends to the newer securitization products and property rating systems being developed to accelerate growth in mature economies. This spectrum also includes developing economies, economies in crisis, and economies in transition. Without a plan to spread rational and transparent capital development to every area of the world, economic uncertainty and threats to security will spread instead. Most importantly, the real estate spectrum includes a diverse group of citizens, governments, civil societies, and corporations that share power, often in inequitable ways. This paper looks at the role of the independent real estate valuer in examining the current distribution of the wavelengths that make up the continuum of real estate and capital markets. It examines the strands that make up this spectrum and offers suggestions for strengthening these individual strands and thereby amplifying the whole. Independent, ethical, and informed real estate valuers must analyze the full spectrum of real estate risks to protect the assets of a global public and help ensure an equitable sharing of economic power in the future. Spectrum Analyzers “Common spectrum analyzer measurements include frequency, power...
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...OF HUMAN RIGHTS PROTECTION – TIME FOR AN AUSTRALIAN FEDERAL BILL OF RIGHTS? JULIE CASSIDY* Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional...
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...United States. While prior research indicates a positive correlation between past levels of lynching and current social control practices against minority groups, we posit an inverse relationship for facets of social control that are protective of minorities. Specifically, we hypothesize that contemporary hate crime policing and prosecution will be less vigorous where lynching was more prevalent prior to 1930. Analyses show that levels of past lynching are associated with three outcome variables germane to hate crime policing and prosecution, but the effect of lynching is partly contingent on the presence of a minority group threat. That is, past lynching combined with a sizeable black population largely suppresses (1) police compliance with federal hate crime law, (2) police reports of hate crimes that target blacks, and in some analyses (3) the likelihood of prosecuting a hate crime case. Our findings have implications for research on law and intergroup conflict, historical continuity in the exercise of state social control, and theories that emphasize minority group threat. Steven F. Messner University at Albany-SUNY onflict theories of crime and criminal law posit that the state largely serves the interests of dominant groups in society (Quinney 1974; Turk 1969; Vold 1958) and this function can be expressed in two distinct ways. On the one hand, the legal apparatuses of the state— law and law enforcement—can be used to sub- C Direct correspondence to Ryan King, University...
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...institutions. To solve the problem of development will entail reforming these institutions. Unfortunately, this is difficult because economic institutions are collective choices that are the outcome of a political process. The economic institutions of a society depend on the nature of political institutions and the distribution of political power in society. As yet, we only have a highly preliminary understanding of the factors that lead a society into a political equilibrium which supports good economic institutions. However, it is clear that it is the political nature of an institutional equilibrium that makes it very difficult to reform economic institutions. We illustrate this with a series of pitfalls of institutional reforms. Our analysis reveals challenges for those who would wish to solve the problem of development and poverty. That such challenges exist is hardly surprising and we believe that the main reason for such challenges is the forces we have outlined in this paper. Better development policy will only come when we recognize this and understand these forces better. Nevertheless, some countries do undergo political transitions, reform their institutions, and move onto more successful paths of economic development. We also can learn a lot from these success stories. JEL classification: O10, P10, P17 Keywords: economic growth, development,...
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...Examiners’ report 2011 Examiners’ report 2011 265 0020 Public law – Zone A Introduction As in previous years, the quality of papers ranged from First Class to poor Fails. In this report the Examiners will discuss what constitutes a „good‟ answer and what does not. Extracts from candidates‟ examination scripts are included in relation to Questions 1 and 4, both of which were statistically popular with candidates. Please note that spelling errors and other linguistic problems have been left as they were on the examination script. General remarks As in previous years, irrespective of the actual questions on the examination paper, there are a number of common problems which detract from the quality of the answers given. The first relates to understanding and correctly interpreting the question. Although a number of the same topics will appear on the paper each year, candidates must appreciate that this does not mean that there is a standard answer which will be adequate for the particular question. It is extremely important that you take care in interpreting what the actual question is asking, and adapt your knowledge of the topic accordingly. The Examiners can spot a „rote-learned‟ preprepared answer and it is rarely adequate for more than a bare pass, if that. A related issue concerns relevance. One of the main purposes of the 15-minute reading time is to enable candidates to read and reflect on what the questions require, and a correct interpretation is crucial for success...
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...Democracy & Constitutionalism in South Asia: The Bangladesh Experience Gowher Rizvi Ash Institute for Democratic Governance & Innovation Kennedy School of Government Harvard University Today democracy is a universal aspiration. Even the military dictatorships and authoritarian communist regimes seek to cloak themselves with democratic trappings and pretensions. To judge by the list of countries those that have held some sort of ‘popular elections’ to validate their regimes, there are very few governments around the world that would not be termed democratic. Under the rules of electoral head counting it would perhaps be impossible not to accord democratic status even to states like Iraq or Pakistan or North Korea. The leaders in all of these countries and numerous others have sought to legitimize their rule through varying degrees of popular ‘mandates’ and ‘endorsements’. Yet very few of these countries would actually be considered democratic if they were subjected to the more rigorous tests of constitutionalism. Popular elections and renewal of popular mandates are essential, but not sufficient, conditions for democracy. At best, a free and fair popular election is one step in the process of a constitutional democratic government. Constitutionalism, like democracy, is a dynamic and complex concept that is constantly evolving. Although there have been changes in emphases and its nuances, the core of constitutionalism has remained constant over time: constitutionalism is about...
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...Northwestern University – School of Law Public law & Legal Theory Research Paper Series Paper No. 09-12 ~and~ University of San Diego – School of Law Legal Studies Research Paper Series Paper No. 09-008 Reconciling Originalism and Precedent John O. McGinnis Northwestern University – School of Law Michael B. Rappaport University of San Diego – School of Law Northwestern University Law Review, Vol. 103, No. 2, 2009 Copyright 2009 by Northwestern University School of Law Northwestern University Law Review Printed in U.S.A. Vol. 103, No. 2 RECONCILING ORIGINALISM AND PRECEDENT John O. McGinnis∗ & Michael B. Rappaport** INTRODUCTION ....................................................................................................................... 1 I. PRECEDENT, ORIGINALISM, AND THE CONSTITUTION ................................................... 4 A. B. C. II. A. B. C. D. E. F. The Supposed Conflict Between Originalism and Precedent ............................ 5 A Short History of Precedent ............................................................................... 7 The Consistency of Originalism and Precedent ............................................... 21 The Supermajoritarian Theory of Constitutional Originalism........................ 28 The Relative Benefits of Original Meaning and Precedent ............................. 29 Precedent Rules .................................................................................................. 34 Factors...
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...4/20/2013 1 This Alternative Plan Paper has been examined and approved by the following members of the Examining Committee. _____________________ Dr. Leah Rogne, Advisor _____________________ Dr. William Wagner _____________________ Dr. Penny Jo Rosenthal _____________________ Dr. Nadarajan Sethuraju ________________ Date 2 A bstract This alternative plan paper examines the circumstances that have evolved as a incarceration of the Black community. In the last thirty years, the federal government of the United States of America has engaged in camp which has involved a variety of policies to stop the production, distribution and sale of illegal narcotics. Hundreds of billions of dollars have been spent in a war that has targeted the most vulnerable in our society, impacting its youth for generations to come. This alternative plan paper addresses the impact of the War on Drugs and the criminal justice policies that have impacted the life chances of Black youth nationwide and calls for a new social movement, introducing a 21st century Black Youth Manifesto to ask the youth of the Black community to pick up where previous social movements left off and take back their communities, their families, and reclaim their hope...
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...liberalization affect governments’ respect for human rights using a panel of 106 countries over the 1981-2004 period. According to our results, physical integrity rights significantly and robustly increase with globalization and economic freedom, while empowerment rights are not robustly affected. Due to the lack of consensus about the appropriate level of empowerment rights as compared to the outright rejection of any violation of physical integrity rights, the global community is presumably less effective in promoting empowerment rights. Keywords: Human Rights, Globalization, Economic Freedom, Liberalization JEL-Codes: D78, F55, K10, P48 a Georg-August University Goettingen, Platz der Goettinger Sieben 3, 37073 Goettingen, Germany, KOF Swiss Economic Institute, Switzerland, CESifo, and IZA, Germany. Email: mail@axel-dreher.de ETH Zurich, KOF Swiss Economic Institute, Weinbergstrasse 35, CH-8092 Zürich, Switzerland, CESifo, Germany. E-mail: gassebner@kof.ethz.ch c b RWI Essen – Institute for Economic Research, Hohenzollernstraße 1-3, 45128 Essen, Germany. E-mail: siemers@rwi-essen.de 2 1. Introduction At the beginning of the 21st century, governments’ disrespect for human rights is still evident in all regions of the world. Human rights violations continue to be the norm rather than the exception. According to Amnesty International (2006), millions of people worldwide are still denied fundamental rights. That being said, governments’...
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...Partial Fulfillment of the Requirements for the Degree Master of Science In Sociology: Corrections Minnesota State University, Mankato Mankato, Minnesota Spring 2013 Final Draft 4/20/2013 1 This Alternative Plan Paper has been examined and approved by the following members of the Examining Committee. _____________________ Dr. Leah Rogne, Advisor _____________________ Dr. William Wagner _____________________ Dr. Penny Jo Rosenthal _____________________ Dr. Nadarajan Sethuraju ________________ Date 2 Abstract This alternative plan paper examines the circumstances that have evolved as a result of the Reagan Administration’s War on Drugs and the increase of mass incarceration of the Black community. In the last thirty years, the federal government of the United States of America has engaged in campaign known as the “War on Drugs,” which has involved a variety of policies to stop the production, distribution and sale of illegal narcotics. Hundreds of billions of dollars have been spent in a war that has targeted the most vulnerable in our society, impacting its youth for generations to come. This alternative plan paper addresses the impact of the War on Drugs and the criminal justice policies that have impacted the life chances of Black youth nationwide and calls for a new social movement, introducing a 21st century Black Youth Manifesto to ask the youth of the Black community to pick up where previous social movements left off and take back their communities, their families...
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...CHAPTER ONE INTRODUCTION 1.1 Background to the study Structured election process is one of the indicators of stability in Nigeria’s democracy. Elections in Nigeria continue to elicit more than casual interest by Nigerian scholars due to the fact that despite the appreciation that only credible election can consolidate and sustain the country’s nascent democracy, over the years, Nigeria continues to witness with growing disappointments and apprehension inability to conduct peaceful, free and fair, open elections whose results are widely accepted and respected across the country (Ekweremadu, 2011). All the elections that have ever been conducted in Nigeria since independence have generated increasingly bitter controversies and grievances on a national scale because of the twin problems of mass violence and fraud that have become central elements of the history of elections and of the electoral process in the country (Gberie, 2011). Despite the marked improvement in the conduct of the 2011 elections, the process was not free from malpractices and violence (National Democratic Institute, 2012). Thus over the years, electoral processes in the history of Nigeria’s democratic governance have continued to be marred by extraordinary display of rigging, dodgy, “do or die” affair, ballot snatching at gun points, violence and acrimony, thuggery, boycotts, threats and criminal manipulations of voters' list, brazen falsification of election results, the use of security agencies against...
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...No. 15-1972 IN THE SUPREME COURT OF THE UNITED STATES Spring Term, 2015 ________________________________ GEORGE E. SCHAEFER, III, in his official capacity as the Clerk of Court for Norfolk Circuit Court and JANET M. RAINEY, in her official capacity as State Registrar of Vital Records, Petitioners, MICHÈLE MCQUIGG, Intervenor/Petitioner, v. TIMOTHY B. BOSTIC; TONY C. LONDON; CAROL SCHALL; and MARY TOWNLEY, Respondents. ________________________________ ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ________________________________ BRIEF FOR THE RESPONDENTS ________________________________ Law Student Counsel for the Respondents QUESTION PRESENTED Whether Virginia’s Marriage Laws, which prohibit same-sex couples from marrying or entering a civil partnership in Virginia or in any other jurisdiction, violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment when: * Virginia’s constitution limits marriage to one man and one woman; * Virginia’s code prohibits same-sex marriages or civil unions; and * Virginia’s code refuses to recognize same-sex marriages or civil unions lawfully consummated in other jurisdictions. TABLE OF CONTENTS page QUESTION PRESENTED . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . i TABLE OF CONTENTS . . . . . . . . . . . . . . ...
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