scholarly journals Justifying Bill 18: A Critique of Kymlicka’s Comprehensive Neutrality

Paideusis ◽  
2020 ◽  
Vol 22 (1) ◽  
pp. 91-99
Author(s):  
Nick Tanchuk
Keyword(s):  
Student Groups ◽  
Political Morality ◽  
Alternative Approach ◽  
Internal Inconsistency ◽  
The Law ◽  
Gay Straight Alliance ◽  
Legal Right

Manitoba’s Bill 18 provides students the legal right to form gay-straight alliance student groups within denominational and dissentient schools. Religious opponents of Bill 18 claim that the law unjustifiably imposes a homogenous moral worldview on religious families. I argue that if we appeal to Will Kymlicka’s comprehensive neutralist theory of political morality to justify Bill 18, the religious complaint is problematically vindicated. I argue that Kymlicka appeals to two bases of neutrality that ultimately fail to distinguish his view from the perfectionist theories of political morality that he officially rejects. Due to this internal inconsistency, the priority of Kymlicka’s preferred moral practices remains unjustified. For those of us who believe that Bill 18 is morally justified, an alternative approach to explaining this intuition is required.

Under the Law: Do students have a right to “equal extracurricular opportunity”?

2021 ◽  
Vol 102 (8) ◽  
pp. 64-65
Author(s):  
Robert Kim
Keyword(s):  
Civil Rights ◽  
Extracurricular Activities ◽  
Extracurricular Programs ◽  
The Law ◽  
School Finances ◽  
Legal Right

Robert Kim tackles the question of whether denying students access to extracurricular programs is lawful. Historically, courts have considered the presence or absence of extracurricular activities as a factor in determining whether a district has eliminated vestiges of segregation. Outside the desegregation context, however, courts have been reluctant to recognize a legal right to participate in extracurricular activities. Today, those hoping to define extracurriclar opportutines as a right may find avenues to puruse in case involving school finances and federal enforcement of civil rights statutes.

After MOX: The Contemporary Shipment of Radioactive Substances in the Law of the Sea

2000 ◽  
Vol 15 (2) ◽  
pp. 193-244 ◽  
Author(s):  
Robert Nadelson
Keyword(s):  
Nuclear Fuel ◽  
Regional Level ◽  
Law Of The Sea ◽  
Legal Regime ◽  
Radioactive Substances ◽  
Alternative Approach ◽  
Recent Debate ◽  
The Law ◽  
Irradiated Nuclear Fuel

AbstractThe transport of hazardous cargo has long juxtaposed maritime interests in maintaining navigation rights against the concerns of coastal States over the threat the exercise of such rights poses to the waters off their coast. The shipment of highly radioactive substances has emerged as the most recent, and perhaps starkest reflection of this conflict. Drawing upon contemporary events, this article will examine the continuing controversy over the shipment of highly radioactive cargo and its implications for the law of the sea. First, the origins of the issue in the emergence of radioactive transport itself will be surveyed. Next the international legal regime governing the transport of such cargo will be evaluated, highlighting the different responses at the international, national and regional level. This article will then conclude by considering the prospects for resolution resulting from the recent debate over the Code for the Safe Carriage of Irradiated Nuclear Fuel (INF Code), suggesting the need to formulate alternative approach to shipboard controls in responding to contemporary issues of vessel-source pollution.

scholarly journals The New Precariousness: Temporary Migrants and the Law in Canada

2012 ◽  
Vol 27 (2) ◽  
pp. 209-229 ◽  
Author(s):  
Sarah Marsden
Keyword(s):  
Migrant Worker ◽  
Historical Context ◽  
Migration Status ◽  
The Past ◽  
Alternative Approach ◽  
Economic Participation ◽  
The Law ◽  
Legislative Changes ◽  
Temporary Migrants ◽  
Migration Law

AbstractIn this article, I argue that precarious migration status can be used as an organizing concept for an analysis of (im)migration law in Canada. After situating the regulation of precarious migrants in the historical context of the liberal/neo-liberal shift of the 1970s, I argue that the increase in migrant precariousness over the past few years is likely to increase as a result of recent legislative changes in both refugee and migrant-worker law. Finally, I offer a critique of the traditional liberal argument for migrant rights, inviting an alternative approach to establish migrant rights on the basis of economic participation.

scholarly journals The concept and scope of restorative justice for juveniles According to the Islamic and Jordanian Legislations

2020 ◽  
Vol 9 (2) ◽  
pp. 482
Author(s):  
Ebtisam Al-Saleh ◽  
Kefah Al-Soury ◽  
Hanan Al-Daher
Keyword(s):  
Criminal Justice ◽  
Restorative Justice ◽  
Islamic Law ◽  
Judicial System ◽  
The Self ◽  
Best Interests ◽  
Alternative Approach ◽  
Not Criminally Responsible ◽  
Criminal Reconciliation ◽  
The Law

The adoption of the restorative justice approach is more appropriate for the children in conflict with the law and more sensitive to achieving their best interests and rehabilitating them to facilitate their reintegration into society again  ( socializing ),  and to play a constructive role in the society,  and not to return to violating the law again,  unlike the traditional policy in the criminal justice,  which did not give the sufficient weight to the personal and objective circumstances of the child ,  and it focused on the punishment and criminalization for every wrongful act without looking at restorative  alternatives to the convicted child . The restorative justice, therefore, is an alternative approach to the ordinary criminal procedure in certain cases. The judicial system is not the only procedure that must address the phenomenon of children in conflict with the law in all cases.   In certain cases, it is better to conduct a dialogue and mediation between the perpetrators and the victims, with the aim of reaching to repair the harm and to rehabilitate the perpetrators (children) according to the measures outside the judicial system.  This is what Islamic Shari’a called fourteen centuries ago.  The Shari’a (Islamic Law) defined the criminal reconciliation and approved it as one of the most serious types of crimes against the self by the adult, as it has indicated.  According to the Shari’a, the juvenile, whether he is cognizant or not of, is not criminally responsible for the violations he commits nor a case will be filed against him and no penal action will be taken against him.

8. Law, Constitutions, and Federalism

2017 ◽  
Author(s):  
Peter Ferdinand
Keyword(s):  
Human Rights ◽  
Basic Structure ◽  
The State ◽  
Fundamental Rights ◽  
Universal Declaration ◽  
Political Life ◽  
Constitutional Courts ◽  
Alternative Approach ◽  
The Law

This chapter examines how laws, constitutions, and federalism provide structure to the context of political life. It first considers the importance of constitutions in determining the basic structure of the state and the fundamental rights of citizens that they establish before asking whether the Universal Declaration of Human Rights is Western-centric. It then explores different ways in which states may attempt to realize justice in applying the law, with particular emphasis on differences between Islamic and Western practice. It also discusses the importance of constitutional courts, the ways that the institution of federalism contains the powers of the state and manage diverse societies, and consociationalism as an alternative approach to managing such diversity. Finally, it comments on the increasing legalization of political life.

Kurdistan on the Sèvres Centenary: How a Distinct People Became the World’s Largest Stateless Nation

2021 ◽  
pp. 1-30
Author(s):  
Loqman Radpey
Keyword(s):  
World War I ◽  
Political Influence ◽  
League Of Nations ◽  
Self Determination ◽  
The Political ◽  
World War ◽  
The Law ◽  
The Ideal ◽  
Legal Right

Abstract In August 1920, the political fate of the Kurdish nation, along with its territory, Kurdistan, were on the line, after the Allies asserted their interest in national rights to self-determination following World War I. Under the Treaty of Sèvres, Kurds were acknowledged as an ethno-political entity in the Wilsonian perspective, yet the ideal of self-determination failed to crystallize as a full legal right to independent nationhood. Thus, Kurdish statehood was annulled. In contrast, the drawing of states’ boundaries in Europe took place mostly along national lines. The result has been an untenable diversity across regions affected by the War in the varieties of self-determination, arguing that some peoples’ nationhood was credited with less legitimacy than others. The departure of imperial powers and subsequently the League of Nations from self-determination for achieving territorial independence came as a result of imperialist world policies to reorder political influence. With the adoption of self-determination as one of the purposes of the UN in 1945, and with the crystallization of self-determination as a legal right in 1966 and the subsequent campaign of decolonization, it could be argued the Kurds’ status was not repositioned and in some way is invisible to the law of self-determination, as applied.

Manifestation Determination as a Golden Fleece

2001 ◽  
Vol 68 (1) ◽  
pp. 85-96 ◽  
Author(s):  
Antonis Katsiyannis ◽  
John W. Maag
Keyword(s):  
Social Context ◽  
Case Law ◽  
Educational Purpose ◽  
Manifestation Determination ◽  
Alternative Approach ◽  
The Social ◽  
Relevant Case ◽  
Functional Implications ◽  
The Law ◽  
Law And Legislation

Manifestation determination is a mandated provision for deciding whether a student's misbehavior is related to his disability and, consequently, whether cessation of services will be allowed. However, it is conceptually and methodologically flawed and appears to serve more of a political than educational purpose. In this article, we critique the manifestation determination provision by reviewing relevant case law and legislation, examining the social context surrounding this mandate, and questioning the validity of current approaches for making a manifestation determination. We believe this analysis will corroborate our thesis. Therefore, we conclude this article by proposing an alternative approach for conceptualizing and conducting a manifestation determination that has more functional implications than those currently in use and still addresses the spirit and letter of the law.

scholarly journals TUNTUTAN DWANGSOM DALAM SENGKETA PEMILIKAN TANAH (Studi Terhadap Permohonan Kasasi yang Dikabulkan pada Putusan Mahkamah Agung No. 1429K/Pdt/2006)

2013 ◽  
Vol 8 (2) ◽  
Author(s):  
Sanyoto Sanyoto ◽  
Ziad Ziad ◽  
Antonius Sidik Maryono ◽  
Desy Perdani Yuris
Keyword(s):  
Decision Rule ◽  
Civil Law ◽  
Main Claim ◽  
Key Word ◽  
The Law ◽  
Legal Force ◽  
Legal Right

Plaintiff that feels disadvantage because the rights impinged in the rule of procedure of civil law he or she can file a main claim by accompanied with addition claim. One of addition claim which can be asked plaintiff is to be sued punished to pray force money (dwangsom) every day to the negligence fulfilling justice decision.  Rule of dwangsom there is in section 606 RV which in practice jurisdiction still applying where dwangsom is pressure tool which psychologically the side of sued to be defeated soon will fulfill main punishment in content of judge decision having the character of condemnatory which is not punishment of payment of money but in the form or real execution or realization as soon as possible.  In decision of Mahkamah Agung No 1429 K/Pdt/2006 Plaintiff bringing a lawsuit to the court on the basis of property to land mastered by opponent is againts the law which the main claim is she or he expressed as valid owner to dispute object and express deed is sued has done deed to fight against law that is mastering disputed site without legal right and surrender claim of land with a width of 744 m2 any unconditional and force money (dwangswom) equal to 100.000, per day since decision obtains permanent legal force. Initially in first level of court (P.N. MALANG) Plaintiff claim is refused, then plaintiff submits effort of appeal law to P.T. Surabaya. On the basis of the matter is plaintiff applies cassation to Mahkamah Agung and granted because subordinate court has wrong applies law.   Key word: dwangsom, final punishment, mahkamah agung

scholarly journals As bibliotecas públicas municipais e a administração pública direta: o apoio legal para o suporte financeiro das bibliotecas: qual é e como conseguir?Municipal public libraries and the direct public administration:legal support for...

2012 ◽  
Vol 10 (1) ◽  
pp. 180
Author(s):  
Claudiomiro Machado Ferreira
Keyword(s):  
Public Libraries ◽  
Federal Law ◽  
National Book ◽  
The Law ◽  
Legal Right

Este trabalho tem o objetivo de apresentar e demonstrar jurídica e administrativamente como as bibliotecas públicas municipais devem se estruturar e agir para cobrar do município a aplicação do artigo 16 da Lei Federal nº10.753, de 30 de outubro de 2003, que Institui a Política Nacional do Livro e que prevê que “os Municípios consignarão (...) verbas (...) para sua manutenção e aquisição de livros”. Sua elaboração deve-se ao fato de a Lei e o Artigo serem muito conhecidos, mas de inexistir um estudo e uma explicação clara e objetiva de como as bibliotecas devem agir para exigir um direito legal, deixar de viver de doações e começar a atuar com recursos financeiros próprios.Abstract This work aims to present and demonstrate, in a legal and administrative form, how the municipal public libraries should be structured and to act to collect from the municipality the application of title 16 of Federal Law nº.10753, October 30, 2003, that established the National Book Policy which states that "Municipalities consign (...) funds (...) for their maintenance and purchase of books." Their preparation is due to the fact that the Law and the titles are well known, but the non-existence of a study and a clear and objective explanation of how libraries should act to require a legal right, no longer live on donations and start acting with its own resources. 

scholarly journals Brak rejestracji znaku towarowego — o sposobach ochrony nierejestrowanych znaków towarowych przed naruszeniami na gruncie prawa polskiego

2018 ◽  
Vol 25 ◽  
pp. 11-25
Author(s):  
Michał Gregorczyk
Keyword(s):  
Property Rights ◽  
Unfair Competition ◽  
Specific Situation ◽  
Eu Law ◽  
Industrial Property ◽  
Registered Trademark ◽  
Trademark Registration ◽  
The Law ◽  
Mutual Relations ◽  
Legal Right

Without trademark registration — on how to protect unregistered trademarks from violations under Polish lawThe article aims to familiarize with the issue of unregistered trademarks. The author analyzes existing regulations in the field of national law along with an indication of the sources of EU law. The possibilities of applying them to unregistered trademarks are considered, for which there are currently no legal definitions. The author hypothesizes the need to recognize the existence of a separate legal right in the form of a right to an unregistered trademark created on the basis of the possibility of protecting unregistered trademarks on the basis of other than protection rights on a registered trademark. Consideration is given to obtaining protection for an unregistered trademark in terms of the law on combating unfair competition in the form of protection as an entrepreneur’s designation or business designation, as well as mutual relations between industrial property rights and anti-unfair competition regulations. The author compares existing regulations and caselaw and then draws conclusions regarding the possibility of their application in the specific situation of an unregistered trademark. The article ends with a summary and conclusions in which the author summarized the previous considerations, in particular the necessity to distinguish a separate right to the registered mark and recognition of its functioning on the market.

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