...Federalism is the foundation of our government. Our text states, “Federalism is commonly defined as a system of government in which an overarching government operates at the national level and shares its sovereign power and authority with various subnational governments (Lemay, 2006, pg 87). Federalism is further described as both a political and structural arrangement. There are varying approaches to Federalism as well as different models. Federalism has changed over the years as far as how much the “overarching” government has to do with the “subnational governments”. One such area is the No Child Left Behind Act of 2001, aka NCLB. Many articles and books state that the No Child Left Behind Act was or is the most monumental education change or education initiative taken in decades (Simpson and Patricia). There are arguments for NCLB and against, and has been a hot bed for debate since the enactment of the legislation in 2002 by President G. W. Bush. Before we look at the pro and con argument of NCLB we must first understand what the change was for. The legislation was based on four simple principles; • Shift control to local and state districts • Increase accountability of schools • Increase funding of academic programs • Increase flexibility in school choice for parents It should be noted that each of these has many facets to them and are not simple by nature. The NCLB has mandated varying aspects in order to for the principles to apply. I will first look at...
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...regulatory, and international issues. 5th ed. Upper Saddle River, N.J.: Pearson Prentice Hall, 2007. Print. During the course of a trial, witness are brought forward to either help support or to discredit a case. A deposition is a form of testimony that is given orally, and occurs under oath. It can be recorded either by video camera or by a court reporter, prior to a trial. This is considered a way to preserve evidence if a person cannot attended the trial, usually if the person is sick or deceased. According to CEBlog, an advantage of deposition is that a “deposition is the only discovery method that permits you to obtain testimony, documents, electronically stored information, and other evidence from nonparties”(para3)”. Some other pros of deposition is that we can lock in testimony, get spontaneous responses, no question amount limit and may even promote a settlement, preventing the case from entering a jury phase at trial. Some disadvantages of deposition during litigation is it can become...
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...affirms the core principal that everybody should have some basic security when it comes to their health care. Obamacare is aimed at helping the underinsured obtain insurance when they do not have insurance. Under Obamacare, everyone would have health insurance regardless of income or anything that would prohibit the person from attaining health insurance. Health insurance will be extended by expanding Medicaid and by providing federal subsidies to help lower and middle class citizens buy private coverage. Although health insurance will be extended, Obamacare raises issues of federalism, Obamacare has advantages and disadvantages, and Obamacare is not consistent with federal policy. Federalism facilitates the problem solving synergies that arise between the separate strengths of local and national governance for dealing with different parts of inter-jurisdictional problems. Obamacare raises issues of federalism because some say that mandated healthcare can be considered unconstitutional. Some view the fact that the government telling the citizens they have to have insurance goes against the Constitution. Under Obamacare, the government requires citizens to buy healthcare from private companies in order from having to pay annual penalties. According to Roger Vinson, congress must operate within the bounds established by the Constitution and the individual mandate is unconstitutional and not severable, the entire Act must be declared...
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...erupted in Brussels in 1830. William I sent in his troops, but they were expelled on September 27th, 1830. The rebels received support from volunteers outside the city. Following this rising, Belgium separated from the Northern Netherlands. A provisional government declared independence on October 4th, 1830. On November 3th of the same year, a National Congress was elected by an electorate of 30,000 men, who paid a given level of taxes or who had special qualifications. On February 7th, 1831 the national congress adopted a constitution which, for its time, was very progressive. The state of Belgium gained its independence as a separate country also called the “buffer” state between France and the Netherlands in 1830. On one hand, the first pro argument is the linguistic divisions in Belgium which calls for dissolution of the country as the minorities created by this language barrier in certain areas pretend to be disenfranchised in the respective local government. One of the main things that keep people together is...
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...Government: derives from the british parliament in Britain meaning that we have an adversarial government. This can be expressed in the parliamentary structure of the house of commons (adversarial and conflict). High expectations of accountability in the formal legalities. The government must retain the confidence of the house (budget proposals) -legislative process: see above -party discipline: is linked to the idea of confidence, it operates through out the system. The general expectation is that members will vote along party lines. Pros: Accountability meaning that you know who is power and responsible for certain parts of the government, higher level of efficiency, fiscal and budgetary concerns, Cons: Can not always vote according to beliefs and values, inefficiency Federalism: Important driver of politics within Canada. To what extent are the types of different conflicts between the different levels of conflicts. Another reason why federalism exists is due in large part to the question of Quebec and the allocation of powers between french canada and the rest of the country. The Canadian State: Sovereignty 1867: Constitution Act, 1867 (BNA) 1926: The King-Byng Thing 1926: Nadan v. The King: criminal cases could be heard by the JCPC still The Balfour Declaration 1931: The statue of Westminster (formalize the separation of British and Canadian Government) 1949 Abolition of appeals to JCPC 1982: Constitution Act, 1982: Passed by the British Government (formally...
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...INSTITUTIONS AND DEVELOPMENT By Mary M. Shirley 1 1. THE CHALLENGE OF DEVELOPMENT Developed countries are the exception, not the rule. Billions of dollars of aid and countless hours of advice notwithstanding, most countries have not been able to foster sustained growth and social progress. Increasingly research has shown that weak, Cross-country missing or perverse institutions are the roots of underdevelopment. regressions persistently demonstrate large and statistically significant correlations between institutional variables and growth, and in horse races between variables, an index of institutional quality “trumps” geography or trade as an explanation for growth (Rodrik, et al. 2002). To meet the challenge of development countries need two distinct and not necessarily complementary sets of institutions: (i) those that foster exchange by lowering transaction costs and encouraging trust, and (ii) those that influence the state to protect private property rather than expropriate it. 1 The first set of institutions includes contracts and contract enforcement mechanisms, commercial norms and rules, and habits and beliefs favoring shared values and the accumulation of human capital. Among the second set of institutions are constitutions, electoral rules, laws governing speech and education, and legal and civic norms. Today’s underdeveloped countries must acquire these institutions under particularly difficult conditions -- in a global market competing with already...
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...GUJARAT UNIVERSITY SYLLABI OF THREE YEARS LL.B. PROGRAMME WITH CREDIT BASED SYSTEM (As prescribed b y the BAR CO UNCIL OF INDI A and as per the Rules of Legal Education, 2008) Effective from the academic year 2011-12 THREE YEARS’ LL.B. POGRAMME First LL. B. Semester – I FIRST LL.B. - S EMES TER 1 (MONSOON ) PE R WE EK S UBJEC TS LEC TURE S OT HER S T OT AL C RED IT S (SE M)29 CORE COURSE 101 L aw of T ort i ncludi ng MV A cci dent And C on sum er Pr ot ecti on Law s 4 1 5 5 CORE COURSE 102 Crim in al Law P aper – I (General P rinci pl es of P en al Law ) 4 1 5 5 4 1 5 5 4 1 5 5 4 1 5 5 1 1 2 2 1 1 2 2 CORE COURSE 103 CORE COURSE 104 CORE COURSE 105 FOUNDATIO N 106 F SOFT S KILL 107 K Crim in al Law P aper – II (S pec ific Off enc es) L aw of C ont ract S peci al C ontr act C on sti tuti on al Hist ory of I ndi a Use of Law J ournal s and L egal S oftw ar e 1 Semester – I Monsoon Semester CORE CO URSE 101 : LAW OF TO RT I NCLUDI NG M V ACCI DENT AND CO NS UM ER P ROTECTION LAWS Objectives of the Course : Wit h rap id industrializat ion, to rt actio n came to u sed again st manu factu rers and industrial un it fo r p roducts injurious to human beings. Present ly the emphas is is o n extend ing th e principles no t only to acts, which are h armfu l, bu t also to failu re to co mply with stand ards that are continuously...
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...April 9, 2014 Testing Theories of American Politics: Elites, Interest Groups, and Average Citizens Martin Gilens Princeton University mgilens@princeton.edu Benjamin I. Page Northwestern University b-page@northwestern.edu forthcoming Fall 2014 in Perspectives on Politics For helpful comments the authors are indebted to Larry Bartels and Jeff Isaacs, to three anonymous reviewers, and to seminar participants at Harvard and Rochester Universities. Gilens and Page Testing Theories of American Politics 2 Abstract Each of four theoretical traditions in the study of American politics – which can be characterized as theories of Majoritarian Electoral Democracy, Economic Elite Domination, and two types of interest group pluralism, Majoritarian Pluralism and Biased Pluralism – offers different predictions about which sets of actors have how much influence over public policy: average citizens; economic elites; and organized interest groups, mass-based or business-oriented. A great deal of empirical research speaks to the policy influence of one or another set of actors, but until recently it has not been possible to test these contrasting theoretical predictions against each other within a single statistical model. This paper reports on an effort to do so, using a unique data set that includes measures of the key variables for 1,779 policy issues. Multivariate analysis indicates that economic elites and organized groups representing business interests have substantial independent...
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...Constitution From Wikipedia, the free encyclopedia For other uses, see Constitution (disambiguation). A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed.[1] These rules together make up, i.e.constitute, what the entity is. When these principles are written down into a single document or set of legal documents, those documents may be said to embody a writtenconstitution; if they are written down in a single comprehensive document, it is said to embody a codified constitution. Constitutions concern different levels of organizations, from sovereign states to companies and unincorporated associations. A treaty which establishes an international organization is also its constitution, in that it would define how that organization is constituted. Within states, a constitution defines the principles upon which the state is based, the procedure in which laws are made and by whom. Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights. An example is the constitution of the United States of America. George Washington at Constitutional Conventionof 1787 signing of the U.S. Constitution. The Constitution of India is the longest written constitution of any sovereign country in the world,[2] containing 444 articles in 22 parts,[3][4] 12 schedules and 118 amendments, with 117...
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...A Little Bit of Laches Goes a Long Way: Notes on Petrella v. Metro,Goldwyn,Mayer, Inc. Samuel L. Bray* I. II. III. VI. V. INTRODUCTION ...................................................................... 1! LACHES IS AND SHOULD BE AN EQUITABLE DEFENSE ............ 2! LACHES IN AN AGE OF STATUTES OF LIMITATION ................... 8! A MIDDLE COURSE IN PETRELLA ......................................... 17! CONCLUSION ....................................................................... 18! I. INTRODUCTION The famous Martin Scorsese movie Raging Bull and an ancient doctrine of equity will make a joint appearance later this month at the U.S. Supreme Court. On January 21, 2014, the Court will hear arguments in Petrella v. Metro:Goldwyn:Mayer, Inc.1 The case involves copyright infringement claims about the movie, and about the extent to which those claims are barred by the doctrine of laches. Laches is a defense that was developed by courts of equity, and it is typically raised in cases where a plaintiff has delayed her suit without good reason. Petrella raises two big questions about how laches fits into contemporary American law. One is whether it applies to all claims or only to equitable ones.2 The other is how it is affected by a federal statute of limitations. Is laches displaced, on the theory that Congress has spoken by enacting the statute of limitations, so that it would violate the separation of powers for a court to substitute its own equitable doctrines? Or does laches...
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...Labour and Constitutional Reform ✓ Labour’s Reforms ✓ The Changing Constitution ✓ Party Views and Manifestoes ✓ Assessment and Evaluation ✓ Evidence 1. Labour’s Reforms o The constitutional reforms initiated by the Labour Government elected in 1997 together promise to transform the institutional structure of the United Kingdom. ▪ The Scottish Parliament and the Welsh Assembly are the most tangible signs of this transformation but other constitutional reforms are either in being or well under way …… ▪ including the Human Rights Act of 1998 (incorporating the European Convention on Human Rights), ▪ a directly-elected mayor and assembly for London, ▪ a reformed House of Lords ▪ and Freedom of Information legislation. ▪ Although reform of the electoral system for Westminster now seems a somewhat distant prospect, the 1999 elections to the Welsh Assembly, to the Scottish Parliament and to the European Parliament were all conducted using electoral systems very different from the traditional first-past-the-post method. ▪ Referendums have been widely used, and more promised o Lecture by the Lord Chancellor, Lord Irvine of Lairg, to the Constitution Unit, Westminster. 8 December 1998 o No other Government this century has embarked upon so significant or wide-ranging a programme of constitutional reform as the New Labour Government...
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...3 Sources of Moral Obligation by Josephson Institute on February 14, 2011 A duty is an obligation to act in a certain way. When the obligation is based on moral and ethical considerations, it is a moral duty. Often we think about moral duties in terms of rules that restrain us, the “don’ts,” as in don’t lie, cheat, or steal. Such rules comprise the so-called negative dimension of moral duty because they tell us what not to do. Since ethics is concerned with the way we ought to be, however, it also includes an affirmative dimension consisting of things we should do — keep promises, judge others fairly, treat people with respect, kindness and compassion. Sources of Moral Obligation Moral obligations can arise from three sources. The first, strangely enough, is law. 1. Law-Based Moral Obligations. Good citizens have a moral as well as a legal obligation to abide by laws; it is part of the assumed social contract of a civilized society. If a law is unjust, however, (such as those that mandated ethnic and religious persecution during the Nazi regime and those that discriminated against a person on the basis of race in South Africa and elsewhere) there may be a moral obligation to disobey it under the specific and demanding doctrine of civil disobedience. Many, but by no means all, of these moral standards of conduct are so fundamental to healthy social relations that they have been codified into laws. For example, most aspects of the moral duty to not endanger or harm others...
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...This week's graded topics relate to the following Terminal Course Objectives (TCOs): A | Given an organizational requirement to conform business practices to both the law and best ethical practices, apply appropriate ethical theories to shape a business decision. | I | Given specified circumstances of a business decision to expand to international markets, determine what international legal requirements or regulatory controls apply. | Topics for This Week's Discussion * Introduce yourself to your professor and the rest of the class. (not graded) * Thread over TCO A/I (graded) * Ethics and Patent Rights Post 9/11 (graded) * Q & A Forum for your questions and comments (not graded) | | There is a drop down arrow next to the "Select a Topic" box. Click on this arrow to select topics for discussion. | ------------------------------------------------- Top of Form Select a Topic: Bottom of Form The World Bank Situation (graded) | Class, please read Chapter 2, problem 5 from the Jennings text, p. 72. This week, we will discuss the Wolfowitz situation at the World Bank. Consider the questions at the end of the problem as you make comments in the threads this week. What are the ethics here? Was Wolfowitz trying to do the right thing? Does that make a difference ethically? Throughout the week, I will bring in further questions. Be sure to read the lecture and the international ethics article stated in your reading for the week as well. | ...
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...JUVENILE JUSTICE BILL, 2014 18 HUMAN DEVELOPMENT: INTERNATIONAL COMPARISON 19 INEQUALITY 20 SOCIO‐ECONOMIC PROFILE OF STATES AND INTER‐STATE COMPARISONS 21 ASER 2013: Main Findings 23 SKILL DEVELOPMENT 24 HOW INDIA NEEDS TO FACE CLIMATE CHANGE 24 AGENDA FOR ECONOMIC REFORMS 28 INFRASTRUCTURE 30 WHY LONG‐RUN MATTERS 30 FIVE PRONGED STRATEGY TO CONTROL INFLATION 31 URJIT PATEL COMMITTEE 32 Some Major Issues in India's Merchandise Trade Sector 32 MAKE IN INDIA OPPORTUNITY 34 Make for India or Make in India – The debate begins! 37 VULNERABILITY COMPARISON OF INDIAN ECONOMY 38 PM JAN DHAN YOJANA 39 COOPERATIVE FEDERALISM 40 ZERO DEFECT, ZERO EFFECT 41 DIGITAL INDIA 42 TWO FACTOR IDENTIFICATION ISSUE 43 MINSK AGREEMENT 44 WILFUL DEFAULT 44 © EssaysforIIM.com 2014‐15 Page 1 Issues for IIM PI Process http://www.essaysforIIM.com ‘MAKE IN INDIA’ 45 Features of the ‘Make In India’ campaign .............................................................................................. 46 PM MODI’S ADDRESS TO UN GA 46 ‘CHALEIN SAATH SAATH’ 47 DEEPAK PAREKH COMMITTEE ON INFRASTRUCTURE 48 ‘JAPAN PLUS’ 48 WHY CRONY CAPITALISM PERSISTS 49 ISSUES IN THE SHG BLP 51 INCLUSIVE RURAL FINANCIAL...
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...California Law Review Volume 57 | Issue 1 Article 1 January 1969 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aaron Eisenberg Follow this and additional works at: http://scholarship.law.berkeley.edu/californialawreview Recommended Citation Melvin Aaron Eisenberg, The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking, 57 Cal. L. Rev. 1 (1969). Available at: http://scholarship.law.berkeley.edu/californialawreview/vol57/iss1/1 This Article is brought to you for free and open access by the California Law Review at Berkeley Law Scholarship Repository. It has been accepted for inclusion in California Law Review by an authorized administrator of Berkeley Law Scholarship Repository. For more information, please contact jcera@law.berkeley.edu. California Law Review VOL. 57 JANUARY 1969 Copyright © 1969 by California Law Review, Inc. No. 1 The Legal Roles of Shareholders and Management in Modern Corporate Decisionmaking Melvin Aron Lisenberg* TABLE OF CONTENTS I A GENERAL THEORY ...... A. ... ............... 4 A NORMATIVE MODEL OF'VOTING RIGHTS IN PRIVATELY HELD CORPORATIONS ....... ................ A NORMATIVE MODEL OF VOTING RIGHTS IN PUBLICLY HELD ................ CORPORATIONS ....... 7 15 B. . ........ 1. Considerations of Public Policy .. (a) "Shareholder democracy ". . .. ........ ... . ......... (b) Client-group participation .. (c) Managerialism .......
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