Court and society

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  • There is in human affairs a reason for everything we see, although not always reason in everything. It is the part of the historian to seek in the archives of a nation the reasons for the facts of common experience and observation, it is the part of the philosopher to moralize upon antecedent causes and present results. Neither of these positions is taken up by the author of this little book. He merely, as a rule, gives the picture of Dutch life now to be seen in the Netherlands, and in all things tries to be scrupulously fair to a people renowned for their kindness...

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  • The federal government’s use of new data technologies, specifically knowledge discovery in databases (KDD) applications, for counterterrorism purposes presents a serious challenge to existing constitutional privacy protections. The book explores whether this practice infringes upon constitutional privacy rights in general and the right to information privacy in particular. It includes a review of privacy scholarship as well as a broad discussion of how constitutional privacy has been conceptualized by the U.S. Supreme Court and the U.S.

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  • The corporate mega-mergers of the 1980s and 1990s raise many troubling questions for social scientists and legal scholars.

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  • In the early morning hours of Saturday, August 17, 1996, a computer system at the U.S. Department of Justice was attacked. The target of the attack was the Department of Justice's web server, The attackers compromised the server's security and modified its home page - adding swastikas, obscene pictures, and a diatribe against the Communications Decency Act (which, ironically, had recently been declared unconstitutional by a federal court in Philadelphia).

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  • Earl Warren was Chief Justice for fifteen years, and left the Supreme Court almost forty years ago. Yet the constitutional scholarship inspired by the Warren Court continues to haunt both scholarly and popular understandings of the Supreme Court. Landmark liberal rulings during Warren’s tenure inspired seminal works in constitutional theory that introduced the terminology and theoretical constructs that many scholars continue to use as they try to understand the ongoing role of the Court in the political system....

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  • The Universal Declaration of Human Rights and the European Convention on Human Rights proclaim that everyone has the right to freedom of thought, conscience and religion, including freedom to manifest their religion or belief in worship, teaching, practice and observance. Even today, in our democratic societies too, this fundamental right is still sometimes restricted and meets with hostility and intolerance.

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  • The phenomenon of judicialization is attracting increasing attention in socio-legal studies. In a wide variety of countries and settings, courts and court-like processes are playing an increasingly important role in politics and society. The causes of this trend are complex, and not completely understood. Nor, we are quick to point out, is the trend a universal one. Nevertheless, we believe the growing role of courts is significant enough to warrant further examination.

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  • Any society quickly finds that it needs rules or laws to enable it to function smoothly. Consider the results if you had decided to drive to work today on the right instead of the left. People need to be able to live and go about their business in certainty, knowing that they can expect others to abide by the same rules. It is probably true that most people obey most of the rules most of the time. They may not have any precise knowledge of the actual rules which they are obeying, but that precise knowledge only becomes important when disputes arise or problems have to be...

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  • In today’s litigious society Records Management is more important than ever but unfortunately is still overlooked and under-funded at all levels of government. In court an astute attorney can discredit an agency in the eyes of a judge or jury by attacking the way the agency handles its records. The fact that the records may refute or support a particular position is obscured by the attack on how the agency accounts for and handles those records. The agency’s legal position in the litigation may be influenced by how well or how poorly they comply with accepted records management practices...

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  • Fiscal records pertain to the financial transactions of the agency, such as budgets, ledgers, allotments, payrolls and vouchers. After some records have served a basic administrative function, they may still have sufficient fiscal value to justify additional retention to protect the agency against court action and/or audits. Some records will also have enduring value because they reflect significant historical events or document the history and development of an agency. Others contain accumulated data that can be useful for both scientific and genealogical research.

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  • To improve their influence on SRH legislation, policy and spending decisions at all levels, it is necessary to strengthen the capacity of marginalised people and of other civil society organisations concerned with SRH including women’s groups, health and human rights groups and elected representatives so they can better negotiate for their demands. Civil society groups should collect evidence to support these demands, support marginalised people to express their concerns, and form alliances to strengthen their representation.

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  • The teaching of constitutional law in American law schools focuses primarily—in fact, almost exclusively—on decisions rendered by the United States Supreme Court interpreting the Federal Constitution. For teachers of constitutional law who believe that equality and liberty are quintessential to a free society, this has come to be a disheartening affair, as the Supreme Court of the United States has become increasingly conservative and antipathetic, if not hostile, to the recognition of individual rights....

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  • This book examines how the law was made, defined, administered and used in eighteenth-century England. An international team of leading historians explore the ways in which legal concerns and procedures came to permeate society, and reflect on eighteenth-century concepts of corruption, oppression and institutional efficiency.

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  • In 1992 the University of North Carolina Press, in association with the American Society for Legal History, published my two-volume work en- titled The Mansfield Manuscripts and the Growth of English Law in the Eigh- teenth Century. The two volumes were made up of three parts: transcrip- tions of notes taken by LordMansfield of jury trials he conducted across his thirty active years as Chief Justice of the Court of King’s Bench (1756–86), my own explanatory essays, and a variety of appendixes. Together the two volumes reached almost 1,700 printed pages.

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  • Opera singer Sabine Conrad is the toast of nineteenth-century New York high society. A celebrated soprano with the voice of an angel, she is showered with adulation by her audiences and courted by wealthy patrons. But…

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  • Another critical barrier to access is discrimination by state laws or fertility clinics. Coverage in five of the states with insurance mandates 12 is only available to married couples, and four of these states 13 mandate use of the husband’s sperm, eliminating the possibility of donor sperm. Some fertility clinics only offer services to married couples as well. The American Society for Reproductive Medicine reports that fertility clinics vary in their willingness to treat single women, single men, lesbian couples, and gay male couples.

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