The Law Public Opinion and the President’s Use of Executive Orders: The Long-Run Impact of Unilateral Powers, 1953-2012

2018 ◽  
Vol 48 (4) ◽  
pp. 845-859
Author(s):  
Drew Noble Lanier ◽  
Brett Michael Jones
Keyword(s):  
Public Opinion ◽  
Executive Orders ◽  
Long Run ◽  
The Law ◽  
Unilateral Powers

Public Opinion, Party Politics, and the Welfare State

2018 ◽  
Author(s):  
Johannes Lindvall ◽  
David Rueda
Keyword(s):  
Public Opinion ◽  
Welfare State ◽  
Party System ◽  
Median Voter ◽  
Party Politics ◽  
The United Kingdom ◽  
Party Positions ◽  
Long Run ◽  
The 1960S ◽  
The Welfare State

This chapter examines the long-run relationship between public opinion, party politics, and the welfare state. It argues that when large parties receive a clear signal concerning the median voter’s position on the welfare state, vote-seeking motivations dominate and the large parties in the party system converge on the position of the median voter. When the position of the median voter is more difficult to discern, however, policy-seeking motivations dominate, and party positions diverge. This argument implies that the effects of government partisanship on welfare state policy are more ambiguous than generally understood. The countries covered in the chapter are Denmark, France, Germany, Norway and the United Kingdom (going back to the 1960s). The number of observations is (necessarily) limited, but the diverse cases illustrate a common electoral dynamic centered around the position of the median voter.

The Law of Martial Rule

1928 ◽  
Vol 22 (3) ◽  
pp. 591-616
Author(s):  
Charles Fairman
Keyword(s):  
Public Opinion ◽  
Martial Law ◽  
General Belief ◽  
Military Tribunal ◽  
The Law ◽  
The Military ◽  
The Way

It is not in the least unusual, in newspaper accounts of a strike, riot, flood, or fire, to read that the governor has proclaimed martial law and summoned the militia to the threatened zone. However exaggerated such reports may be, they are evidence of a general belief that there exists some mysterious “martial law” which, when proclaimed, augments the powers of soldiers and paves the way for heroic measures. Nor are these notions wholly fanciful. For such a proclamation may indeed be followed by an extraordinary régime in which the military authority will issue regulations for the conduct of the civil population, troops may be called upon to take life, and perhaps the individuals accused of fomenting trouble will be held without authority of a court, or in some cases may even be tried by a military tribunal. Quite likely these severe measures will receive the approval of public opinion. Yet it is surprising that a people ordinarily rather legalistic should have evinced so little disposition to inquire what rules of law, if any, govern the exercise of these military powers. To answering that unasked query the present study is addressed.

COVID-19 și posibilele apărări în dreptul internațional: ar putea forța majoră și schimbarea fundamentetnală a circumstanțelor să justifice neexecutarea obligațiilor internaționale?

2020 ◽  
Vol 2020 (2020) ◽  
pp. 186-202
Author(s):  
Ion GÂLEA ◽  
Keyword(s):  
Public Opinion ◽  
International Law ◽  
Common Sense ◽  
Prima Facie ◽  
Fundamental Change ◽  
The Public ◽  
Force Majeure ◽  
International Obligations ◽  
International Responsibility ◽  
The Law

The study examines possible defences that States could invoke in order to justify or excuse measures designed to respond to the COVID-19 crisis, which prima facie might not be in conformity with certain international obligations. The study examines only defences available in general international law – beside certain exceptions that might be provided by the clauses of the respective treaties. Two grounds for suspending international obligations, stemming from the law of treaties – impossibility of performance and rebus sic stantibus – and three circumstances precluding wrongfulness, stemming from the law of international responsibility – force majeure, distress and state of necessity – are subject to examination. The study argues that, even if “common sense” might draw the public opinion towards the plausibility of invoking force majeure, impossibility of performance or fundamental change of circumstances, such a conclusion does not reflect general international law. In reality, the “best candidate” as a justification or excuse is distress, while the “second best candidate” might be represented by the state of necessity.

scholarly journals The world market for soybeans: price transmission into Brazil and effects from the timing of crop and trade

Nova Economia ◽  
2007 ◽  
Vol 17 (2) ◽  
pp. 241-270 ◽  
Author(s):  
Mario A. Margarido ◽  
Frederico A. Turolla ◽  
Carlos R. F. Bueno
Keyword(s):  
United States ◽  
Forecast Error ◽  
The United States ◽  
World Market ◽  
Price Transmission ◽  
Long Run ◽  
Cointegration Tests ◽  
The World ◽  
The Law ◽  
The One

This paper investigates the price transmission in the world market for soybeans using time series econometrics models. The theoretical model developed by Mundlack and Larson (1992) is based on the Law of the One Price, which assumes price equalization across all local markets in the long run and allows for deviations in the short run. The international market was characterized by three relevant soybean prices: Rotterdam Port, Argentina and the United States. The paper estimates the elasticity of transmission of these prices into soybean prices in Brazil. There were carried causality and cointegration tests in order to identify whether there is significant long-term relationship among these variables. There was also calculated the impulse-response function and forecast error variance decomposition to analyze the transmission of variations in the international prices over Brazilian prices. An exogeneity test was also carried out so as to check whether the variables respond to short term deviations from equilibrium values. Results validated the Law of the One Price in the long run. In line with many studies, this paper showed that Brazil and Argentina can be seen as price takers as long as the speed of their adjustment to shocks is faster than in the United States, the latter being a price maker.

Equal Rights and Unequal People

2017 ◽  
Author(s):  
Richard D. Brown
Keyword(s):  
Public Opinion ◽  
Social Class ◽  
Equal Opportunity ◽  
Equal Treatment ◽  
Equal Rights ◽  
Criminal Trials ◽  
The Law ◽  
And Gender ◽  
The Ideal

Though Americans have favored the idea of equal rights and equal opportunity, they recognize that differences in wealth and social advantage, like differences in ability and appearance, influence the realization, or not, of equal rights, including equality before the law. In the generations after 1776 the rights of creditors, for example, often overrode the rights of debtors. And criminal trials demonstrate that in courtrooms equal treatment was most often achieved when defendant and victim came from the same social class. Otherwise if they came from different classes social realities, including ethnicity, color, and gender could shape court officials and public opinion. And when a woman’s sexual virtue was compromised, her credibility was almost always discounted. In principle officials paid homage to the ideal of equality before the law, but in practice unequal rights often prevailed.

Crime and Punishment

1901 ◽  
Vol 47 (198) ◽  
pp. 638-639
Keyword(s):  
Nineteenth Century ◽  
Public Opinion ◽  
Crime And Punishment ◽  
The Law ◽  
Real Danger

Dr. Robert Anderson, the Assistant Commissioner of Police in London, has written an article in the Nineteenth Century for February on “Our Absurd System of Punishing Crime.” He finds that there is an increase in “professional” crime which might be suppressed, and ought to be dealt with in a more intelligent way than at present. Dr. Anderson is of opinion that this real danger to the Commonwealth is mainly due to the lenient sentences which have become the rule consequent on the decrease of ordinary crime. In effect, he concludes that professional criminals should be deprived of the liberty they abuse, even for life. It is evident that the free discussion of these problems must precede any such changes in the law as Dr. Anderson and others advocate, and we trust that our Association will take its part in guiding public opinion on questions of such importance to the nation.

Analysing the AAOIFI Sharīʿah standard on zakat

2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Khurram Parvez Raja
Keyword(s):  
Financial Institutions ◽  
Islamic Law ◽  
Financial Statements ◽  
Insurance Companies ◽  
Single Individual ◽  
Content Type ◽  
Long Run ◽  
Islamic Financial Institutions ◽  
The Law ◽  
Islamic Insurance

Purpose The Sharīʿah Standard No. (35) issued by the Accounting and Auditing Organization for Islamic Financial Institutions (AAOIFI) aims to identify the zakāt base for institutions (including Islamic insurance companies) as well as the subsidiary and the mother company of the institution (the company). By zakāt base, the standard means the items of financial statements that should or should not be included in the calculation of the zakāt base, and the liabilities or allocations that should or should not be deducted from zakatable assets. The standard also covers payable zakāt rates, disbursement of zakāt funds on the eight categories of zakāt recipients and the rulings pertaining to disbursement. The focus then is on companies or corporations. There is no indication in the aims as to who owns the wealth of the corporation, that is, whether it is the company itself or it is the shareholders and whether it is treated as a joint wealth of the shareholders or of a single individual in the form of the company. The author will rely on this issue as one factor on the basis of which the standard is to be judged. Design/methodology/approach Quran and hadith. Works of earlier jurists. Findings In this study, the author has summarized the provisions of zakāt according to the traditional law, but only those that are relevant for the financial institutions and the standard issued by the AAOIFI. After that, the author mentioned the major points that have been addressed by the standard. In the last section, the author has shown that the rulings of the Islamic Fiqh Academy and the AAOIFI on zakāt are totally confusing and merely a reproduction of the rulings of traditional law. The main reason for this confusion is that the nature and entity of a corporation have not been addressed and have been treated like a partnership, thus, jumbling up the entire issue of zakāt through banks. Originality/value The main purpose in undertaking this original work is to examine the AAOIFI Sharīʿah Standards from the perspective of traditional Islamic law, that is, the law of the senior schools as laid down in their authentic manuals. If there is an extensive deviation from this law, then this must be pointed out in the hope that it will be corrected by the concerned institution and the banks that adopt these standards. Neglecting such a corrective action for long will result in damage not only to these institutions in the long run but also to the law of Islam that has been so carefully crafted over centuries. The purpose is to show how far this standard deviates from traditional Islamic law and claims to be called the authentic view on a particular subject. Nevertheless, it is not the purpose of this work to explain and elaborate on the meaning and utility of these standards.

“Dear John”

2021 ◽  
pp. 166-200
Author(s):  
Andrew Rudalevige
Keyword(s):  
Public Opinion ◽  
Executive Branch ◽  
Data Set ◽  
Executive Orders ◽  
Good Management ◽  
Unilateral Action

This chapter presents a new data set of more than two hundred executive orders never signed by the president. However that is interpreted — as good management or as gridlock — something that could have been done “with the stroke of a pen” was not. Here, too, quantitative and archival analysis pair to help us understand why. The results highlight the fact that unilateral action has costs, which at some point outweigh the benefits. Those costs may be rung up in Congress, or the courts, or by public opinion. But as the exploration here shows, they may also be imposed by the executive branch.

The Long Arm of the Law

2019 ◽  
pp. 163-182
Author(s):  
Richard S. Frase ◽  
Julian V. Roberts
Keyword(s):  
Public Opinion ◽  
Criminal History ◽  
Look Back ◽  
The Law ◽  
The Look

This chapter examines the question of whether and when prior convictions from many years past should no longer be considered at sentencing. The chapter first surveys the varying “look-back” and crime-free “gap” rules found in American guidelines systems, noting that many jurisdictions have no look-back limits for some or all offenders. This discussion also examines the question of when the look-back “clock” starts to run, in applying each of the existing rules—that date could be as early as the date of the prior sentencing, or as late as discharge from probation or parole. The chapter then considers the ways in which different approaches to look-back relate to the punishment rationales—offender risk and culpability—that are thought to justify criminal history enhancements. It also presents a summary of recent research surveying public opinion about the desirability and formulation of look-back limits. The chapter concludes with proposals to limit look-back.

Sign in / Sign up

Export Citation Format

Share Document