scholarly journals Constitution and Family in the United States

2019 ◽  
Vol 21 (4) ◽  
pp. 651-668
Author(s):  
Carl A. Anderson
Keyword(s):  
United States ◽  
Decision Making ◽  
Community Involvement ◽  
Living Arrangements ◽  
Social Dynamics ◽  
The United States ◽  
The Family ◽  
Family Based ◽  
The Individual ◽  
The Right

Decisions of the United States Supreme Court beginning with Griswold v. Connecticut (1965) have transformed family law in the United States. By characterizing the right to marry as a fundamental constitutional right and procreative decision-making as both a fundamental liberty interest and privacy right, the Court has “deregulated” the institutions of marriage and family. During this same period the Court’s approach to legal questions involving the rights of non-marital cohabitating couples as well as individual procreative decision-making has tended to blur legal distinctions between the family based upon marriage and other living arrangements. The widespread adoption of mutual consent and/or marital breakdown as grounds for the dissolution of marriage in the United States has significantly altered the social dynamics of marriage and further reduces distinctions between marriage and other living arrangements. However, recent decisions by the Court in Hardwick, Michael H., and Webster point to a change of direction in the Court’s view of privacy which may signal a willingness to tolerate greater community involvement in establishing protective regulation of the institutions of marriage and the family based upon it. The Court also appears to be in the process of significantly narrowing the constitutionally recognized right of privacy when viewed as a zone of autonomous decision-making for the individual or non-marital couple.

The nuclear family as the functional unit in psychiatry

1962 ◽  
Vol 108 (456) ◽  
pp. 675-684 ◽  
Author(s):  
J. G. Howells
Keyword(s):  
United States ◽  
Child Psychiatry ◽  
Nuclear Family ◽  
Functional Unit ◽  
The United States ◽  
Family Group ◽  
Historical Background ◽  
The Family ◽  
To Come ◽  
The Individual

In the introduction to his Chairman's address in 1959, Warren (24) reminded us that both Cameron (6) from this country and Kanner (17) from the United States, had, in recent years, surveyed the historical background of child psychiatry. Chairmen of this Section may thus deem themselves exempted from repeating that task for some years to come. Warren took as his theme some relationships between the psychiatry of childhood and that of adulthood. It seemed to me appropriate to follow his lead and to carry our thoughts a step further by considering the child and adult as members of the family group, and to study how far it would be useful to accept the nuclear family, rather than the individual patient, as the functional unit in psychiatry.

scholarly journals A Comparative Study of Political Communication in Televised Pre-Election Debates in Poland and the United States of America

2019 ◽  
Vol 17 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Martin Hinton ◽  
Agnieszka Budzyńska-Daca
Keyword(s):  
United States ◽  
Political Parties ◽  
Political Communication ◽  
United States Of America ◽  
The United States ◽  
Persuasive Strategies ◽  
The Individual ◽  
Qualitative Methodologies ◽  
The Right ◽  
Statistical Results

This paper combines quantitative and qualitative methodologies to study the persuasive strategies employed by candidates taking part in televised pre-election debates in Poland and the United States between 1995 and 2016. First, the authors identify the key strategies and calculate the frequency with which they are used by individual candidates. This allows for numerical comparisons between politicians in the two polities, as well as between winners and losers, and candidates of the right and the left politically. These statistical results led the authors to look more closely at the individual styles of two contrasting debaters. We conclude that the rhetorical landscape of political communication does not differ greatly between the two countries; although the data suggest noticeable differences in the approach of political parties and between individuals.

Industrial risks

1981 ◽  
Vol 376 (1764) ◽  
pp. 133-149 ◽  
Keyword(s):  
United States ◽  
Decision Making ◽  
Cost Effectiveness ◽  
Nuclear Power ◽  
The United States ◽  
Small Element ◽  
Light Water ◽  
The Status ◽  
The Individual ◽  
Industrial Risks

A brief look is taken at the status of progress, or the lack of it, towards a quantitative approach to the estimation and assessment of risk for several technologies in the United States. The increase of interest in the consideration of comparative risks in decision-making is also discussed. Finally, a recently proposed trial approach to quantitative safety goals for light-water nuclear power reactors is summarized. The approach is divided into two major tasks: the predominantly social and political task of setting safety criteria, and the technical task of estimating the risks and deciding whether the safety criteria have been met. The safety criteria include the following: limits on hazard states within the reactor; limits on risk to the individual; limits on societal risk; a cost-effectiveness criterion as low as reasonably achievable; a small element of risk aversion.

Citizenship and Allegiance in Constitutional and International Law

1907 ◽  
Vol 1 (4) ◽  
pp. 914-929 ◽  
Author(s):  
W. W. Willoughby
Keyword(s):  
United States ◽  
International Law ◽  
Good Reason ◽  
The United States ◽  
Political Rights ◽  
American Citizen ◽  
The Status ◽  
American Law ◽  
The Individual ◽  
The Right

The recent report on Citizenship of the United States, Expatriation, and Protection Abroad, together with the work of Mr. Van Dyne on Citizenship of the United States, and the invaluable Digest of International Law, by Prof. John Bassett Moore, render easily accessible and readily comprehensible the principles of the American law with reference to the status of our citizens and of aliens for the time being within our territorial limits. At the same time, however, these publications make more evident the fact that, in many instances, the conflicting claims of two or more states upon the same individual are settled rather by mutual concessions than upon principle; that legal and political rights are asserted, but with an understanding, more or less explicit, that under given circumstances they will not be exercised. Thus, by a legislative act, legally binding upon our executive and judicial officers, we have declared the right of the individual to expatriate himself to be an absolute and indefeasible one, and that the naturalized American citizen is to have the same rights and is to receive the same protection as the native-born citizen, whether or not the state of original allegiance consents to the expatriation thus involved. In practice, this law, thus formally declared, has never been rigidly enforced, for the very good reason that to attempt to do so would lead to constant and serious international difficulties.

scholarly journals The Private Investigator and the Right to Privacy

1969 ◽  
pp. 256 ◽  
Author(s):  
Elaine F. Geddes
Keyword(s):  
United States ◽  
Criminal Law ◽  
Common Law ◽  
The United States ◽  
The Right To Privacy ◽  
Private Investigator ◽  
The Status ◽  
The Common ◽  
The Individual ◽  
The Right

The author examines the law with respect to the status and powers of private investigators and reviews cases in both Canada and the United States involving the activities of private investigators. Possible remedies available against the private investigator, both in tort and criminal law, are reviewed, as well as American cases on the common law of invasion of privacy, Canadian cases under the various provincial Privacy Acts and possible remedies under the Charter of Rights. Privacy is the right of the individual to decide for himself how much of his life, his thoughts, emotions and the facts that are personal to him he will share with others.

Accessing Reproductive Technology in France

2021 ◽  
pp. 151-162
Author(s):  
Laurence Brunet ◽  
Véronique Fournier
Keyword(s):  
United States ◽  
Ethical Issues ◽  
Assisted Reproductive Technologies ◽  
The United States ◽  
Legal Framework ◽  
Best Interest ◽  
The Right To Privacy ◽  
Cultural Foundations ◽  
The Individual ◽  
The Right

This chapter compares French and American approaches to assisted reproductive technologies (ART). These countries are a fascinating (and unexplored) mirror: the United States focuses on the individual, while France emphasizes the best interest of society as a whole. This results in an access to ART largely open in the United States, yet all costs are covered by patients, and an access strictly regulated by law in France (and quite restricted until recent changes), yet costs are fully financed. This chapter introduces readers to the legal framework of access to ART in France and its cultural foundations. It highlights the insistence on the “right to privacy” in the United States, a concept much less valued in France, and concludes with a discussion, using clinical cases, of the ethical issues underlying tensions between reproductive autonomy and public policymaking, which differ in both countries.

scholarly journals Owens sawmill: A family business facing a social responsibility dilemma

2007 ◽  
Vol 10 (1) ◽  
pp. 25-26
Author(s):  
Dianne H.B. Welsh ◽  
David Rawlings
Keyword(s):  
United States ◽  
Decision Making ◽  
Social Responsibility ◽  
Family Business ◽  
The United States ◽  
Displaced Workers ◽  
Decision Making Process ◽  
Social Responsibilities ◽  
Job Opportunities ◽  
The Family

This is a real case involving an SME that produces southern hardwood finished lumber. The family business faces a social responsibility dilemma in terms of displaced workers and limited job opportunities in the surrounding labor market if they purchase a new saw that would modernize production, improve profitability, and eliminate 50 percent of their labor costs.The most logical employment for these workers would be a cutter, loader, or hauler of logs, which have been determined to be some of the most dangerous jobs in the United States. This case requires students to examine the decision-making process of a modest family business in a small, cohesive community and the ramifications of these decisions, as well as issues concerning technology and production improvements, displaced workers, social responsibilities, and the rights and responsibilities of employers and employees.

Observations on the Memorandum “The Crisis in Church-State Relationships in the U.S.A.”

1999 ◽  
Vol 61 (4) ◽  
pp. 704-710
Author(s):  
Samuel Cardinal Stritch
Keyword(s):  
United States ◽  
Religious Freedom ◽  
The United States ◽  
The Individual ◽  
The Right ◽  
The Church ◽  
Grave Danger

The presentation of what the author calls a “grave danger” which confronts the Church in the United States in my judgment is not comprehensive. All through our history, we Catholics in the United States have had to face this same attack upon the Church from non-Catholics. The point of the attack has been the same all through the years: namely, that Catholics cannot be loyal to the Constitution of the United States and at the same time loyal to their Church. The notion of religious freedom in the non-Catholic mind in the Englishspeaking world derives from the Protestant doctrine upholding the right of the individual to interpret for himself the Sacred Scriptures.

On the Obergefell Dissenters′ Selective Judicial Self-restraint

ICL Journal ◽  
2015 ◽  
Vol 9 (4) ◽  
Author(s):  
Ronald Turner
Keyword(s):  
United States ◽  
Decision Making ◽  
Due Process ◽  
The United States ◽  
Fourteenth Amendment ◽  
United States Constitution ◽  
Same Sex ◽  
State Laws ◽  
Same Sex Couples ◽  
The Right

AbstractIn its landmark decision in Obergefell v Hodges a five-Justice majority of the United States Supreme Court held that state laws depriving same-sex couples of the right to marry violate the Due Process and Equal Protection Clauses of the Fourteenth Amendment to the United States Constitution. Four dissenting Justices - Chief Justice John G Roberts, Jr and Justices Antonin Scalia, Clarence Thomas, and Samuel Anthony Alito, Jr - criticized the majority’s ruling and analysis. Calling for judicial self-restraint and deference to the outcomes of democratic decision-making, the dissenters argued that same-sex marriage bans enacted by state legislatures did not violate the Constitution. This essay argues and demonstrates that the Obergefell dissenters have not restrained themselves in other cases in which they voted to strike down legislative enactments and did not defer to democratic decision-making. This selective restraint reveals that the dissenters have not been unwaveringly committed to judicial self-restraint, and raises the central question of when should the Court defer to legislatures in cases presenting constitutional challenges to state or federal laws.

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