scholarly journals Missing Links: The First Amendment's Place in an Ever-Changing Web

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Erin M. Holliday
Keyword(s):  
First Amendment ◽  
Civil Liberty ◽  
Case Law ◽  
Hate Crimes ◽  
Online Forums ◽  
Hate Groups ◽  
Private Companies ◽  
Legal Questions ◽  
The Government ◽  
Benefits And Costs

Legal questions remain surrounding hateful rhetoric online, including when the government should or can legally step in and do something to prevent acts of terror or hate crimes. This Article explores the current legal landscape surrounding access to publishing online, and its benefits and costs for everyday users and private companies. Through a First Amendment lens, as well as other relevant case law, legislation, and regulation, this Article seeks to provide an understanding of the civil liberty implications of how a change in the law or policy would affect the rights of private companies and publishers and users, both readers and writers of content. This analysis focuses specifically on legal ramifications, protections, and liabilities of major social media outlets and news sites, as well as easily accessible online forums and public-facing websites of hate groups.

Addressing Hate Speech and Hate Behaviors in Codes of Conduct: A Model for Public Institutions

NASPA Journal ◽  
1998 ◽  
Vol 35 (3) ◽  
Author(s):  
Jan Alan Neiger ◽  
Carolyn Palmer ◽  
Sophie Penney ◽  
Donald D. Gehring
Keyword(s):  
First Amendment ◽  
Hate Speech ◽  
Codes Of Conduct ◽  
Case Law ◽  
Hate Crimes ◽  
Public Institutions ◽  
Extensive Experience

As part of a larger study, the researchers collected campus codes prohibiting hate crimes, which were then reviewed by one of the authors, an attorney with extensive experience in First Amendment case law, to determine whether the codes presented constitutional problems. Based on this review, the authors developed a model policy that is content neutral and does not use language that could be viewed as unconstitutionally vague or broad. This model can provide institutions with guidelines for drafting constitutionally sound codes.

scholarly journals The Constitutionality of Providing Public Funds for U.S. Houses of Worship during the Coronavirus

Laws ◽  
2021 ◽  
Vol 10 (1) ◽  
pp. 8
Author(s):  
Mark Chopko
Keyword(s):  
Social Services ◽  
First Amendment ◽  
Government Funding ◽  
Religious Activity ◽  
Court Cases ◽  
Legal Questions ◽  
Per Se ◽  
The Government ◽  
Direct Government ◽  
Constitutional Jurisprudence

U.S. constitutional jurisprudence precludes the direct government funding of religious activity. At the same time, the jurisprudence surrounding the U.S. First Amendment Religion Clauses has evolved to support the general inclusion of religious entities in programs through which a government advances some overarching public interest, such as health care or social services, but does not involve the Government in advancing religion per se. Moreover, the most recent U.S. Supreme Court cases hold that it is a violation of the First Amendment to exclude a religious actor, solely because it is religious, from a general public program and funding on equal terms with secular actors. Pandemic relief from the federal government has been made available to houses of worship (churches, mosques, synagogues, etc.) to mitigate the economic impact of government lockdown orders and public health restrictions on assembly, by offsetting loss of revenue and avoiding the suspension or termination of employees. The extension of such relief sits precisely at the crossroads of debated legal questions about whether such assistance is aid to religion—prohibited—or neutral disaster relief on equal terms with other community-serving entities—permitted. This article concludes that the inclusion of houses of worship is constitutional, given the trend and direction of U.S. law, although the matter will continue to be debated as the effects of the pandemic recede.

The AMA Guides in Pennsylvania “Post-Protz”: Act 111 and Case Law Update

2020 ◽  
Vol 25 (3) ◽  
pp. 12-19
Author(s):  
Justin D. Beck ◽  
Judge David B. Torrey
Keyword(s):  
Case Law ◽  
General Assembly ◽  
Disability Benefits ◽  
Permanent Disability ◽  
Sixth Edition ◽  
Legal Questions ◽  
The Supreme Court ◽  
Recent Edition ◽  
Impairment Ratings

Abstract Medical evaluators must understand the context for the impairment assessments they perform. This article exemplifies issues that arise based on the role of impairment ratings and what edition of the AMA Guides to the Impairment of Permanent Impairment (AMA Guides) is used. This discussion also raises interesting legal questions related to retroactivity, applicability of prior precedent, and delegation. On June 20, 2017, the Supreme Court of Pennsylvania handed down its decision, Protz v. WCAB (Derry Area Sch. Dist.), which disallows use of the “most recent edition” of the AMA Guides when determining partial disability entitlement under the Pennsylvania Workers’ Compensation Act. An attempted solution was passed by the Pennsylvania General Assembly and was signed into law Act 111 on October 24, 2018. Although it affirms that the AMA Guides, Sixth Edition, must be used for impairment ratings, the law reduces the threshold for total disability benefits from 50% to 35% impairment. This legislative adjustment benefited injured workers but sparked additional litigation about whether, when, and how the adjustment should be applied (excerpts from the laws and decisions discussed by the authors are included at the end of the article). In using impairment as a threshold for permanent disability benefits, evaluators must distinguish between impairment and disability and determine an appropriate threshold; they also must be aware of the compensation and adjudication process and of the jurisdictions in which they practice.

Russia in 2000-2004: Heading towards State Capitalism?

2004 ◽  
pp. 42-65 ◽  
Author(s):  
A. Radygin
Keyword(s):  
The State ◽  
Private Business ◽  
Private Companies ◽  
State Capitalism ◽  
The Government

The paper deals with one of the characteristic trends of the 2000s, that is, the government's property expansion. It is accompanied by attempts to consolidate economic structures controlled by the state and state-owned stock packages and unitary enterprises under the aegis of holdings. Besides the government practices selective severe enforcement actions against a number of the largest private companies, strengthens its control over companies with mixed capital and establishes certain informal procedures of relationships between private business and the state. The author examines the YUKOS case and the business community's actual capacity to protect its interests. One can argue that in all likelihood the trend to the 'state capitalism' in its specific Russian variant has become clearer over 2003-2004.

scholarly journals Kuzbass Development Strategy: Past Lessons and Future Wrongs

2020 ◽  
Vol 174 ◽  
pp. 04038
Author(s):  
Yuri Fridman ◽  
Galina Rechko ◽  
Ekaterina Loginova
Keyword(s):  
Strategic Planning ◽  
Development Strategy ◽  
Living Standards ◽  
The Political ◽  
Business And Society ◽  
Private Companies ◽  
Standards Of Living ◽  
Economic Reality ◽  
The Government

The article discusses the place and role of strategic planning in ensuring that Kemerovo Oblast – Kuzbass develops comprehensively. For over thirty years, we have been studying the region with one of the leading national territorial-production centers established in the 20th century, how it emerged and functioned. Studies suggest that without regard to the economies of Russia as a whole and Kuzbass’s neighboring regions in particular, its issues cannot be satisfactorily resolved. At large, when strategic planning followed this assumption, it contributed to how fast and holistically the territory developed. Considering that, in the 21st century, strategy makers diverged from this concept and started to search for new approaches, the region’s economy has slowed down and its living standards have declined sharply. The momentum can be reversed with an active state socio-economic policy. Its previous forms, however, when the state gave preferences to private companies and did not require corresponding growth in standards of living in return, became unacceptable. It is necessary to work out a system of effective solutions and measures with mechanisms for reconciling the interests of the government, business and society within approaches that are adequate to the political and economic reality of today’s world.

scholarly journals Special Solicitude: Religious Freedom at America’s Public Universities

Laws ◽  
2021 ◽  
Vol 10 (2) ◽  
pp. 30
Author(s):  
William E. Thro
Keyword(s):  
First Amendment ◽  
Religious Freedom ◽  
Public Universities ◽  
Religious Organizations ◽  
Equal Rights ◽  
Religious Groups ◽  
Religious Expression ◽  
University Campuses ◽  
The Supreme Court ◽  
The Government

Rejecting the Obama Administration’s argument that the First Amendment requires identical treatment for religious organizations and secular organizations, the Supreme Court held such a “result is hard to square with the text of the First Amendment itself, which gives special solicitude to the rights of religious organizations.” (Hosanna-Tabor, 565 U.S. at 189). This “special solicitude” guarantees religious freedom from the government in all aspects of society, but particularly on public university campuses. At a minimum, religious expression and religious organizations must have equal rights with secular expression and secular organizations. In some instances, religious expression and religious expression may have greater rights. The Court’s 2020 decisions in Espinoza v. Montana Department of Revenue, and Our Lady of Guadalupe School v. Morrissey-Berru, reinforce and expand the “special solicitude” of religion. Indeed, Espinoza and Our Lady have profound implications for student religious groups at America’s public campuses. This article examines religious freedom at America’s public universities. This article has three parts. First, it offers an overview of religious freedom prior to Espinoza and Our Lady. Second, it briefly discusses those two cases. Third, it explores the implications of those decisions on America’s public campuses.

scholarly journals Radio Spectrum Management and RFI in the United States

1991 ◽  
Vol 112 ◽  
pp. 174-175
Author(s):  
R. Marcus Price
Keyword(s):  
United States ◽  
Department Of Defense ◽  
Government Regulation ◽  
The United States ◽  
Radio Spectrum ◽  
Spectrum Management ◽  
Federal Communications Commission ◽  
Private Companies ◽  
The Government ◽  
Government Body

ABSTRACTIn the United States, civil common carrier telecommunications are provided by private companies, not by any agency of the government. Regulation of these services and spectrum management oversight is provided by the Federal Communications Commission (FCC), an agency of the government. Government telecommunications are operated by individual agencies, e.g. the Department of Defense, under the overall regulation of the Office of Spectrum Management of the National Telecommunications and Information Administration (NTIA), a government body separate from the FCC. In bands shared by the civil and government sectors, liaison and coordination is effected between the FCC and the NTIA.

Grey-based model for forecasting Mauritius international tourism from different regions

2017 ◽  
Vol 7 (2) ◽  
pp. 259-271 ◽  
Author(s):  
Medha Pirthee
Keyword(s):  
System Theory ◽  
Grey System Theory ◽  
International Tourism ◽  
Grey System ◽  
Private Companies ◽  
Content Type ◽  
System Models ◽  
Economic Decision Making ◽  
Tourism Sector ◽  
The Government

Purpose The purpose of this paper is to understand the trend and forecast the number of tourists from different regions of the world to Mauritius. Design/methodology/approach The paper adopts two grey system models, the even model GM(1,1) and the non-homogeneous discrete grey model (NDGM), to forecast the total number of international tourism to Mauritius and its structure from different regions tourist arrivals to Mauritius for the next three years. Grey system theory models were used to account for uncertainties and the dynamism of the tourism sector environment. The two models were applied as a comparison to obtain more reliable forecasting figures. Findings The results demonstrate that both of the grey system models can be successfully applied with high accuracy for Mauritian tourism prediction, and also the number of tourist arrivals to Mauritius shows a continued augmentation for the upcoming years. Practical implications Forecasting is meaningful since the Government of Mauritius, private companies or any concerned authority can adopt the forecasting methods exposed in this paper for the development of the tourism sector through managerial and economic decision making. Originality/value Mauritius is a charming travel destination. Through this paper, it can be seen that future tourism travel to Mauritius has been successfully predicted based on previous data. Moreover, it seems that the grey system theory models have not been utilised yet as forecasting tools for the tourism sector of Mauritius as opposed to other countries such as China and Taiwan.

scholarly journals Ownership And Firm Performance: The Experience Of Saudi Arabias Emerging Economy

2011 ◽  
Vol 8 (8) ◽  
Author(s):  
Abuzar M. A. Eljelly
Keyword(s):  
Saudi Arabia ◽  
Firm Performance ◽  
Stock Market ◽  
Market Performance ◽  
Return On Assets ◽  
Private Companies ◽  
Return On Equity ◽  
Net Profit ◽  
The Government ◽  
The Relationship

This study examines the relationship between firm ownership and corporate performance in Saudi Arabia, using a sample of Listed Private Companies (LPCs) and Listed Government Related Companies (LGRCs). The study compares the operating and market performance of the LPCs and LGRCs during the period 2000-2003 and found that, in general, LGRCs outperform or match the performance of LPCs. More specifically, the study finds that LGRCs tend to mostly outperform LPCs in terms of profitability, as measured by Return on equity (ROE) and Net Profit Margin (NPM), operating efficiently, as measured in terms of Return on assets (ROA), and match them in their stock market risk adjusted performance. The study concludes that these results may have implications for the issue of privatization programs which the government has recently started.

scholarly journals Acessibilidade no Ecoturismo e Turismo de Aventura: atuação do poder público e privado

2014 ◽  
Vol 7 (2) ◽  
Author(s):  
Grislayne Guedes Lopes da Silva ◽  
Reinaldo Miranda de Sá Teles
Keyword(s):  
Qualitative Research ◽  
Private Companies ◽  
Persons With Disabilities ◽  
Adventure Tourism ◽  
The Government ◽  
Role Of The Government ◽  
Reduced Mobility ◽  
Tourism Services

O presente artigo tem como principal objetivo averiguar como as empresas de Ecoturismo e Turismo de Aventura percebem a atuação do poder público e do privado em ações direcionadas para a acessibilidade. Considerando que o objeto de estudo é a acessibilidade, no decorrer da pesquisa buscou-se compreender como questões relacionadas a esse tema são percebidas pelos empreendedores; se o mercado está se adequando para receber esse perfil de público com deficiência ou mobilidade reduzida; e se há demonstração de interesse em tornar atividades acessíveis para essa demanda crescente. Os principais resultados do estudo demonstram que a maioria das empresas não estão preparadas para atender esse público, porém apontam direções que visam a melhoria no atendimento do público em questão e a qualidade da oferta de Ecoturismo e Turismo de Aventura no quesito acessibilidade. Accessibility in Ecotourism and Adventure Tourism: the role of the government and private companies The main objective of this article is to ascertain how Ecotourism and Adventure Tourism companies perceive the role of the government and private companies in activities related to accessibility. Whereas the focus of this study is accessibility, during the research phase it was sought to understand how issues related to this topic are perceived by entrepreneurs, if the market is adapting to be able to accommodate persons with disabilities or reduced mobility, and any interest has been demonstrated in making activities accessible in light of this growing demand. The main results of the study show that most companies are not prepared to accommodate this segment of the population; however, suggestions are made for improving their ability to meet the needs of this public, as well as the quality of Ecotourism and Adventure Tourism services in terms of accessibility. KEYWORDS: Government; Private companies; Accessibility; Qualitative research.

Sign in / Sign up

Export Citation Format

Share Document