8 The U.S. Federal Model and Multinational Societies: Some Problems for Democratic Theory and Practice

2015 ◽  
pp. 257-276
Keyword(s):  
Democratic Theory ◽  
Theory And Practice ◽  
The U.S

The Case for Repealing the Second Amendment? The Historical Barriers to Constitutional Change

2021 ◽  
Vol 51 (4) ◽  
pp. 595-607
Author(s):  
David T. Konig
Keyword(s):  
Constitutional Law ◽  
Theory And Practice ◽  
The Political ◽  
Constitutional Change ◽  
Second Amendment ◽  
The People ◽  
The Right ◽  
The U.S ◽  
Popular Constitutionalism

The controversy surrounding the Second Amendment—“the right of the people to keep and bear arms”—is, to a large extent, historical in nature, redolent of other matters in this country’s legal and constitutional past. But the historical analogies that might support the Amendment’s repeal do not permit easy conclusions. The issue demands that legal historians venture beyond familiar territory to confront unavoidable problems at the intersection of theory and practice and of constitutional law and popular constitutionalism. An interdisciplinary analysis of Lichtman’s Repeal the Second Amendment illuminates the political, legal, and constitutional dimensions—as well as the perils—of undertaking the arduous amending process permitted by Article V of the U.S. Constitution.

The DoD Tailhook Report: Unanswered Questions

1995 ◽  
Vol 25 (2) ◽  
pp. 201-213 ◽  
Author(s):  
Brenda Orbell
Keyword(s):  
Social Context ◽  
Social Responsibility ◽  
Organizational Context ◽  
Power Structure ◽  
Sexual Misconduct ◽  
Theory And Practice ◽  
Report Writing ◽  
Naval Aviators ◽  
High Degree ◽  
The U.S

One of the primary objectives of studying theory and practice relating to technical reports is to define what constitutes report writing as genre and to place this genre within a social context. Report writing always involves the investigation of an ill-defined problem and occurs within the auspices of an organizational context. This investigative and reporting function implies a high degree of ethical and social responsibility on the investigator to interpret and report the significance of the facts, making the conclusions explicit, and forming the basis for additional interpretations. Drawing on Susan Wells' conventions for commissioned reports, this article analyzes how the Tailhook Report, which was commissioned to investigate the charges of sexual misconduct by naval aviators at the Tailhook Symposium, omits answering two of the three questions Wells establishes as necessary by precedence in the genre in order to avoid making conclusions that might necessitate actions that would alter the male-dominated power structure of the U.S. Navy.

Two regimes of the symbolic: radical democracy between Romanticism and structuralism

2019 ◽  
pp. 77-88
Author(s):  
Warren Breckman
Keyword(s):  
Twentieth Century ◽  
Political Theory ◽  
Democratic Theory ◽  
Radical Democracy ◽  
Theory And Practice ◽  
German Romanticism ◽  
Linguistic Turn ◽  
Ernesto Laclau ◽  
Constructed Dialogue ◽  
History Of

The ‘symbolic’ has found its way into the heart of contemporary radical democratic theory. When one encounters this term in major theorists such as Ernesto Laclau and Slavoj Žižek, our first impulse is to trace its genealogy to the offspring of the linguistic turn, structuralism and poststructuralism. This paper seeks to expose the deeper history of the symbolic in the legacy of Romanticism. It argues that crucial to the concept of the symbolic is a polyvalence that was first theorized in German Romanticism. The linguistic turn that so marked the twentieth century tended to suppress this polyvalence, but it has returned as a crucial dimension of contemporary radical political theory and practice. At stake is more than a recovery of historical depth. Through a constructed dialogue between Romanticism and the thought of both Žižek and Laclau, the paper seeks to provide a sharper appreciation of the resources of the concept of the symbolic.

The History of Mitigation in Death Penalty Cases

2020 ◽  
pp. 34-45
Author(s):  
Russell Stetler
Keyword(s):  
Death Penalty ◽  
The United States ◽  
Theory And Practice ◽  
Death Sentences ◽  
Eighth Amendment ◽  
Mitigating Factors ◽  
History Of ◽  
Definition Of ◽  
Effective Representation ◽  
The U.S

This chapter discusses how the theory and practice of mitigation have evolved over more than four decades, thereby helping to define the modern death penalty era in the United States. Prior to 1976, juries generally made death penalty decisions in a unitary proceeding. Juries then had unfettered discretion to impose death sentences, and the results were so arbitrary that in 1972 the U.S. Supreme Court struck down all the existing death penalty statutes. In 1976, the Court approved new statutes that guided jurors’ discretion. The Court required individualized sentencing in which jurors could consider mitigating factors based on the diverse frailties of humankind. This broad definition of what might inspire juries to reject death was elaborated in succeeding decades in a series of decisions relying on the Eighth Amendment. Social workers and other nonlawyers became critical members of multidisciplinary capital defense teams providing effective representation under the Sixth Amendment.

scholarly journals Inclusive Work Practices: Turnover Intentions Among LGBT Employees of the U.S. Federal Government

2018 ◽  
Vol 49 (4) ◽  
pp. 482-494 ◽  
Author(s):  
Meghna Sabharwal ◽  
Helisse Levine ◽  
Maria D’Agostino ◽  
Tiffany Nguyen
Keyword(s):  
Federal Government ◽  
Turnover Intentions ◽  
Positive Impact ◽  
Theory And Practice ◽  
Turnover Rates ◽  
Workplace Practices ◽  
The Impact ◽  
The U.S ◽  
Workplace Inclusion ◽  
The Invisible

The federal government lags behind in progressive civil rights policies in regard to universal workplace antidiscrimination laws for lesbian, gay, bisexual, and transgender (LGBT) Americans. The slow progress matters to inclusionary workplace practices and the theory and practice of public administration generally, as recognition of LGBT rights and protection are constitutive of representative bureaucracy and promoting social equity. This study examines the turnover intention rates of self-identified LGBT employees in the U.S. federal government. Using the Office of Personnel Management’s inclusion quotient (IQ), and 2015 Federal Employee Viewpoint Survey (FEVS), we identify links in the relationships between workplace inclusion and turnover outcomes among LGBT individuals. We also examine the impact of agency type on LGBT turnover rates based on Lowi’s agency classification type. Key findings suggest that LGBT employees express higher turnover intentions than those that identify as heterosexuals/straight, and LGBT employees who perceive their agencies as redistributive or communal are less likely to experience turnover intentions. However, an open and supportive workplace environment had a positive impact on turnover, suggesting that to implement effective structural change in an organization’s culture of inclusion, public sector managers must do more than merely “talk the talk.” This finding is also suggestive of LGBT employees’ desire to avoid the stigma of being LGBT and hide their identities. Institutions must heed the invisible and visible identities of their employees to be truly inclusive. Workplace practices that acknowledge the invisible and visible identities of their employees are a positive step toward real workplace inclusion.

In Different Tongues: Making Room for Cultural Differences in the Negotiated Rulemaking Process

2002 ◽  
Vol 7 (2) ◽  
pp. 209-233
Author(s):  
◽  
Keyword(s):  
Environmental Protection Agency ◽  
Cultural Sensitivity ◽  
The United States ◽  
Federal Agencies ◽  
Lessons Learned ◽  
Theory And Practice ◽  
Cultural Recognition ◽  
Negotiated Rulemaking ◽  
Indian Nations ◽  
The U.S

AbstractThis article explores the ethical impact of cultural recognition within the regulatory negotiation (reg-neg) process as it is currently being used by federal agencies in the United States. The authors use a blend of theory and practice to explore the ethical necessity, feasibility, and practicality of including cultural guidelines within the reg-neg process. Using the findings from extensive prior research on negotiated rulemaking at the U.S. Environmental Protection Agency (EPA) as a foundation, we illustrate the lessons learned from years of regulatory negotiations conducted by the pioneer of reg-neg. We then show how these lessons have been brought under an umbrella of ``cultural recognition'' within the consensus-based regulatory negotiation being used to improve relations between American Indian nations and the U.S. government. We discuss the ethical and practical implications of incorporating cultural sensitivity into the reg-neg process.

C. B. Macpherson's Critique of Liberal Democracy and Capitalism

1994 ◽  
Vol 42 (4) ◽  
pp. 646-661 ◽  
Author(s):  
David Morrice
Keyword(s):  
Political Theory ◽  
Liberal Democracy ◽  
Democratic Theory ◽  
Theory And Practice ◽  
Socialist Society ◽  
Economic Liberalism ◽  
Liberal Tradition ◽  
Liberal Democratic ◽  
Theory Of Human Nature ◽  
Market Relations

C. B. Macpherson's project was to revise liberal-democratic theory in the light of Marxism, to rescue the valuable part of the liberal tradition from the dangers of capitalist market relations, and to democratize socialism. I identify Macpherson's concept of political theory, which informs his project; reconstruct his criticisms of liberal democratic theory and capitalist market relations; and note his prescriptions for a better political theory and practice. The project remains significant and valuable in a world in which political and economic liberalism is said to be triumphant and socialism dead or in retreat. It is not without its problems, however, which include an inadequate theory of human nature and a lack of detail on the nature of a democratic socialist society.

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