A Liberal Use of "Torture": Pain, Personhood, and Precedent in the U.S. Federal Definition of Torture

2011 ◽  
Vol 14 (3) ◽  
pp. 401-426 ◽  
Author(s):  
Michael P. Vicaro
Author(s):  
James E. Baker

This article discusses covert action within the context of the U.S. law. The first section describes the main elements of the U.S. legal regime, including the definition of covert action and the “traditional activity” exceptions, the elements of a covert action finding, and the thresholds and requirements for congressional notification. The second section describes some of the significant limitations on the conduct of covert action. The third section discusses the nature of executive branch legal practice in this area of the law. And the last section draws conclusions about the role of national security law within the context of covert action.


2021 ◽  
pp. tobaccocontrol-2020-056145 ◽  
Author(s):  
Ollie Ganz ◽  
Mary Hrywna ◽  
Kevin R J Schroth ◽  
Cristine D Delnevo

In 2009, the Family Smoking Prevention and Tobacco Control Act (TCA) granted the U.S. Food and Drug Administration (FDA) regulatory authority over tobacco products, although initially this only included cigarettes, smokeless tobacco and roll-your-own tobacco. In 2016, the deeming rule extended regulatory authority to include all tobacco products, including cigars. The deeming rule prohibited the introduction of new tobacco products into the marketplace without proper marketing authorisation and laid out pathways for tobacco companies to follow. The deeming rule should have frozen the cigar marketplace in 2016. In this paper, we describe how the cigarillo marketplace, nevertheless, continues to diversify with new brands, flavors, styles and packaging sizes entering the market regularly. As an example, we highlight recent promotional efforts by Swedish Match North America (Swedish Match) for their popular cigarillo brands, including White Owl, Night Owl and Garcia y Vega’s Game brand. We argue that ambiguities in the TCA make it unclear whether Swedish Match’s seemingly new cigarillos fit the definition of new tobacco products and, if so, whether they are on the market legally. Swedish Match and other cigarillo companies may be taking advantage of these ambiguities to promote a variety of cigarillo flavors and styles in innovative ways. Given that cigars are combustible tobacco products that pose many of the same risks as cigarettes, this business practice raises significant concerns regarding the protection of public health, particularly among young people.


Author(s):  
Alexey Shlihter

The article attempts to present the multifaceted world of the American tertiary sector; explains the need for using non-market instruments in order to provide public goods; clarifies relations and connections of the tertiary sector organizations with the state and business. The definition of the tertiary sector as forming a horizontal multidimensional, multi-vector, growing and self-organizing system of naturally developing relations between people is given. The system is seen as a collection of communities emerging and functioning at the national and local levels, with one of their main tasks being to provide people with the opportunity to communicate and make important decisions, based on similar practical and spiritual interests.


Author(s):  
Connor J. Fitzmaurice ◽  
Brian J. Gareau

With the passage of the U.S. Organic Foods Production Act (OFPA) of 1990, organic food left the fringes of America’s agricultural economy and received federal recognition— and regulation. But how did organic farming become a niche market governed by regulations aimed at limiting the use of synthetic chemical pesticides and fertilizers, rather than by more holistic concerns about society and ecology? This chapter provides an overview of the regulatory processes that yielded both the OFPA and the final USDA organic standards implemented in 2000. While the federal government’s approach to organic farming began with a holistic, process-based definition of organic agriculture in the USDA’s 1980 “Report and Recommendations on Organic Farming,” the final standards came to focus on issues surrounding chemical inputs. This process served to settle the organic market by providing commensurability, offering a consistent basis for consumer choice, not broad agricultural sustainability.


2021 ◽  
Vol 48 (1) ◽  
pp. 20-35
Author(s):  
Victoria Jansson ◽  

This article argues that unfulfilled prayers to Ceres in Tibullus’ elegies are symptomatic of Rome’s grain crises at the end of the Republic and beginning of Empire. My approach includes philological, socioeconomic, and psychoanalytic analysis of the elegies, in which the poet examines the shifting definition of a ‘Roman’ in his day. I seek to demonstrate the ways in which the poet grapples with the political and economic forces at work during the most turbulent period of Roman history: a time when income inequality was roughly equivalent to that of the U.S. and E.U. today.1


Author(s):  
Yuko Matsumoto

The Americanization movement in the early twentieth century tried to redefine the qualifications for full membership within the nation. In the same period, the anti-Asian movement flourished. Responding actively to the discourses of anti-Japanese (and Asian) movements, Japanese immigrants tried to prove their eligibility for full membership in the U.S. nation by following their own interpretation of Americanization, or Beika (米化‎) in Japanese. The ideas of Beika were based on idealized Japanese virtues, as well as on what was required by the Americanization movement. Even though they used the parallel terms in ideas of Beika, however, the gender discourses such as virtues of Yamatonadeshiko and the definition of family highlighted the difference between the views of Americanization and those of Beika despite their similar intention. This gap in perception might have reinforced the racialized and gendered stereotypes on both sides and hindered mutual understanding before World War II.


2018 ◽  
Vol 16 (2) ◽  
pp. 65-74
Author(s):  
Dan L. Schisler ◽  
Andrew M. Wasilick

ABSTRACT When a casualty event (storm, fire, landslide, etc.) does not cause actual physical damage, can a casualty loss deduction be taken by a taxpayer for a permanent reduction in value? There are conflicting opinions by two federal circuit courts, and the definition of “permanent” is still largely undefined. The relevance of this issue is of increased importance with the numerous recent major casualties affecting the U.S. mainland and territories. The 9th Circuit has adamantly held that actual physical damage must occur to have a deductible casualty loss, whereas the 11th Circuit has held that a permanent decrease in value can qualify as a deductible casualty loss even with little or no actual physical damage to the property.


Author(s):  
Glenda Denson Knight

The design of the U.S. healthcare system along with increasing expectations of individuals create barriers to health care. One barrier is limited Health Literacy (HL). This essential healthcare ingredient is often disregarded (Murphy-Knoll, 2007). There is debate concerning the definition of HL (Sorensen, Van den Broucke, Fullam, Doyle, Pelikan, Slonska, & Brand, 2012). Still, there is consensus that HL is necessary for quality healthcare (Parker & Gazmararian, 2003) and that HL deficiencies must be addressed. Limited HL independently contributes to poorer health status, greater risk of hospitalizations, and increased likelihood of mortality (Hanchate, Ash, Gazmararian, Wolf, & Paasche-Orlow, 2008; Jeppesen, Coyle, & Miser, 2009). Much is known about HL. Still, few advancements have been made due to gaps between what we know about HL, and the application of that knowledge (Ishikiawa & Kiuchi, 2010). The purpose of this chapter is to provide a HL overview and recommend improvement strategies.


Author(s):  
Cheryl Ann Slattery

This chapter addresses the growing number in the underserved population of school-age children and their families who live in poverty and raises awareness as to how that factor directly contaminates student achievement. It is important to understand the federal definition of poverty and the attendant unique social environment. This chapter highlights an appreciation for the history of American race relations and its role in poverty-related behavior, as well as examines the inherent biases prevalent in American communities and schools that work to restrict opportunities for underprivileged families and children. It explores the impact of changing a culture of poverty through the lens of schools and role models, subsequently understanding multidisciplinary approaches for eliminating policies that alienate and exclude the poor. It includes best practices in pedagogy, services, and support for marginalized populations that will illuminate for the practitioner how the contamination of student achievement occurs and empowers them to assist those trapped by poverty.


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