scholarly journals Judging the Judiciary as Federalism’s Umpire - Conflicting Visions of Canadian Federalism and the Ideal Role of the Judiciary Surrounding Bennett’s New Deal

2017 ◽  
Vol 2 (2) ◽  
pp. 14-19
Author(s):  
Nathan Fung

When an attempt to shift the responsibility for unemployment insurance from the provinces to the federal government in response to the Great Depression was halted in 1937 after having been deemed unconstitutional by the judicial committee of the Privy Council, it provoked angry responses from contemporary legal scholars. Some questioned the wisdom of British Judges making rulings of social importance over Canadian affairs. However, newer analysis of the Court's decision, as well as a breakdown of some of the criticisms of the past shows that many of the arguments levied against the JCPC were misguided and that the JCPC, like the modern Supreme Court that replaced it, effectively played the role of an umpire in setting disputes between the two levels of government in a democratic fashion, as well as in a manner that conforms to Canada’s multinational character.

2019 ◽  
Vol 26 (1) ◽  
pp. 60-76
Author(s):  
Christopher M. Hartt ◽  
Albert J. Mills ◽  
Jean Helms Mills

Purpose This paper aims to study the role of non-corporeal Actant theory in historical research through a case study of the trajectory of the New Deal as one of the foremost institutions in the USA since its inception in the early 1930s. Design/methodology/approach The authors follow the trajectory of the New Deal through a focus on Vice President Henry A. Wallace. Drawing on ANTi-History, the authors view history as a powerful discourse for organizing understandings of the past and non-corporeal Actants as a key influence on making sense of (past) events. Findings The authors conclude that non-corporeal Actants influence the shaping of management and organization studies that serve paradoxically to obfuscate history and its relationship to the past. Research limitations/implications The authors drew on a series of published studies of Henry Wallace and archival material in the Roosevelt Library, but the study would benefit from an in-depth analysis of the Wallace archives. Practical implications The authors reveal the influences of non-corporeal Actants as a method for dealing with the past. The authors do this through the use of ANTi-History as a method of historical analysis. Social implications The past is an important source of understanding of the present and future; this innovative approach increases the potential to understand. Originality/value Decisions are often black boxes. Non-Corporeal Actants are a new tool with which to see the underlying inputs of choice.


2016 ◽  
Vol 82 (1) ◽  
pp. 1-5 ◽  
Author(s):  
Daniel D. Kirchoff ◽  
Gary B. Deutsch ◽  
Leland J. Foshag ◽  
Ji Hey Lee ◽  
Myung-Shin Sim ◽  
...  

Mucosal melanoma represents a distinct minority of disease sites and portends a worse outcome. The ideal treatment and role of adjuvant therapy remains unknown at this time. We hypothesized that a combination of neoadjuvant and adjuvant therapies would improve survival in these aggressive melanomas. Our large, prospectively maintained melanoma database was queried for all patients diagnosed with mucosal melanoma. Over the past five decades, 227 patients were treated for mucosal melanoma. There were 82 patients with anorectal, 75 with sinonasal, and 70 with urogenital melanoma. Five-year overall survival and melanoma-specific survival for the entire cohort were 32.8 and 37.5 per cent, respectively, with median overall survival of 38.7 months. One hundred forty-two patients (63.8%) underwent adjuvant therapy and 15 were treated neo-adjuvantly (6.6%). There was no survival difference by therapy type or timing, disease site, or decade of diagnosis. There was improved survival in patients undergoing multiple surgeries (Hazard Ratio [HR] 0.55, P = 0.0005). Patients receiving neoadjuvant therapy had significantly worse survival outcomes (HR 2.49, P = 0.013). Over the past five decades, improvements have not been seen in outcomes for mucosal melanoma. Although multiple surgical interventions portend a better outcome in patients with mucosal melanoma, adjuvant treatment decisions must be individualized.


1988 ◽  
Vol 3 (2) ◽  
pp. 124-126
Author(s):  
William A. Hillman

The development of adapted physical education over the past 20 years has been significantly influenced by the federal government through legislative statutes. A predecessor to Public Law 94-142 that may well have had the most impact on handicapped children was Public Law 90-170, which provided the foundation for adapted physical education by allowing monies for training research and development. This legislation established committees and conferences that brought together national figures to serve as advisory consultants. Programmatic support from the federal government has led to the training of many teachers and much published research in adapted physical education.


2014 ◽  
Vol 11 (1) ◽  
Author(s):  
Jean-Francois Gregoire

The paper is divided in three sections. In the first section, I question the use of the statist redistributive paradigm in federalism. In the second section, I argue that efficiency is a moral principle and that it has a strong normative appeal, especially in contexts of diversity. I show that adopting efficiency as a guiding principle to think of the role of the state, especially in contexts of pluralism, as in MNF, allows us to consider the division of competences in a way that is yet unexplored in political philosophy. Furthermore, I argue that embracing efficiency allows us to avoid the moral problems that other moral approaches encounter, especially as I will defend a non-utilitarian conception of efficiency. That also allows me to show that if one opts for the view that pictures federalism as an efficiency maximizing enterprise, it does not lead to a libertarian conception of federalism. Finally, I try to briefly sketch a possible connection between the principle of efficiency and republican ideal of ‘non-domination’ (Pettit 2012). More specifically I suggest that the pursuit of ‘non-domination’ is totally compatible with the pursuit of efficiency in MNF. In other words, the federal government can interfere to resolve government failures at the sub-unit level, for instance externalities, without being or becoming a dominating agent. The ideal of non-domination supports the sort of strong government interventions defended by egalitarians without having to compromise on the autonomy of federated entities. The combination of efficiency and non-domination ends with a defense of asymmetrical federal arrangements, without sacrificing the equality that states ought to preserve.


Author(s):  
David Lucander

This chapter examines the role of St. Louis March on Washington Movement (MOWM) in petitioning the Fair Employment Practice Committee (FEPC) to open a branch in the city. Making the FEPC a permanent agency within the federal government was thought to be key to keeping the precarious inroads made by black workers during the war and avoiding another round of hardship that mirrored the Great Depression. By 1949, it was clear that predictions of massive postwar job losses were tragically accurate. It seemed as if securing a federal fair employment law was the most effective way to safeguard the dwindling opportunities for gainful work, so the push for a Permanent FEPC became the centerpiece of A. Philip Randolph's program. The impact of a greater FEPC presence on the employment prospects of African American workers and job seekers is difficult to quantify, but once this office opened, MOWM redirected its energies toward helping that agency remediate racist employment patterns.


1972 ◽  
Vol 66 (2) ◽  
pp. 429-449 ◽  
Author(s):  
Richard W. Boyd

The importance of issues in deciding elections changes from one election to the next. As Key has shown, the issues of the role of the federal government in social life helped create the New Deal Democratic majority. In contrast, issues had only a marginal impact on the apolitical elections of the 1950s. Converse's technique of normal vote analysis reveals that issues were again highly related to the vote in 1968. This was particularly true of attitudes toward Vietnam, urban unrest and race, social welfare, and Johnson's performance as president.Yet, even in an election in which issues appear important, some can have very different consequences for popular control of policy than others. On some issues, the electorate exercises no effective constraints on leaders' policy choices. On others (e.g., the escalation in Vietnam), the electorate permits leaders a wide array of options when a policy is adopted and passes a retrospective judgment on such choices in subsequent elections. Finally, on still other issues, the public may limit the options of leaders at the time a policy is adopted. The paper suggests the stringent conditions necessary for this type of popular control to exist.


1988 ◽  
Vol 32 (3) ◽  
pp. 287-310 ◽  
Author(s):  
Brian Crittenden

During the past 15 years or so, there has been a flood of public reports on secondary education sponsored by the commonwealth or state governments. These reports give directions for policy making by government bodies and for changes in school practice. Although their influence varies and is difficult to gauge, they set a style of thinking which, in at least subtle ways, affects practice. Hence their main ideas need to be highlighted and critically assessed. This article identifies a number of questionable key assumptions on which many such reports concur: schooling as an instrument of economic prosperity, the ideal of universal participation to the end of high school, and a common program of general education for the whole of secondary schooling. Several related subsidiary beliefs are also noted. The justification of these various widely held assumptions is challenged and some suggestions are made for an agenda of issues on which we need much more critical inquiry. Not the least of these is the role of political authority in determining educational policy.


2021 ◽  
pp. 227797602110308
Author(s):  
Max Ajl

Within the past years, the Green New Deal (GND) became the common language for Northern climate politics, offering a seeming exit path from Northern social and ecological crises while erasing an older Northern climate discourse tied to Southern demands for climate reparations and rights to development. This Eurocentric GND has become the environmental program for an equally Eurocentric social democratic renewal. This article situates the GND in world-systemic shifts, and Northern reactions to such shifts. It situates the GND as one of three possible Eurocentric solutions to the climate crisis: a great elite transformation from above; a left-liberal “reformist” resolution; a social democratic resolution. It then elaborates a possible “People’s Green New Deal,” a revolutionary transformation focused on state sovereignty, climate debt, auto-centered development, and agriculture. Within each proposed resolution, it traces the role of the land, agriculture, and peasants.


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