901 resultados para Sebok, Anthony J.: Legal positivism in American jurisprudence


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This paper discusses in way in which partisan influence upon public policy, and wider historical, political and institutional pressures, can operate on a regional level and can lead to divergent policies existing within a nation-state. It offers an empirical discussion of two policy areas (education and childcare) at the regional Level (the level of the Länder) in Germany, confirming that both the partisan composition of regional government, and also wider institutional and historical pressures, exert a clear influence upon policy, lead to sharply variations in policy within the nation state. Two conclusions can be drawn: that the region cab be an important unit of analysis in Political Science and Public Policy, and that scholars of policy change may find the regional level fertile ground in analysing wider political phenomena.

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This book is aimed primarily at microbiologists who are undertaking research and who require a basic knowledge of statistics to analyse their experimental data. Computer software employing a wide range of data analysis methods is widely available to experimental scientists. The availability of this software, however, makes it essential that investigators understand the basic principles of statistics. Statistical analysis of data can be complex with many different methods of approach, each of which applies in a particular experimental circumstance. Hence, it is possible to apply an incorrect statistical method to data and to draw the wrong conclusions from an experiment. The purpose of this book, which has its origin in a series of articles published in the Society for Applied Microbiology journal ‘The Microbiologist’, is an attempt to present the basic logic of statistics as clearly as possible and therefore, to dispel some of the myths that often surround the subject. The 28 ‘Statnotes’ deal with various topics that are likely to be encountered, including the nature of variables, the comparison of means of two or more groups, non-parametric statistics, analysis of variance, correlating variables, and more complex methods such as multiple linear regression and principal components analysis. In each case, the relevant statistical method is illustrated with examples drawn from experiments in microbiological research. The text incorporates a glossary of the most commonly used statistical terms and there are two appendices designed to aid the investigator in the selection of the most appropriate test.

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This article presents a new method for data collection in regional dialectology based on site-restricted web searches. The method measures the usage and determines the distribution of lexical variants across a region of interest using common web search engines, such as Google or Bing. The method involves estimating the proportions of the variants of a lexical alternation variable over a series of cities by counting the number of webpages that contain the variants on newspaper websites originating from these cities through site-restricted web searches. The method is evaluated by mapping the 26 variants of 10 lexical variables with known distributions in American English. In almost all cases, the maps based on site-restricted web searches align closely with traditional dialect maps based on data gathered through questionnaires, demonstrating the accuracy of this method for the observation of regional linguistic variation. However, unlike collecting dialect data using traditional methods, which is a relatively slow process, the use of site-restricted web searches allows for dialect data to be collected from across a region as large as the United States in a matter of days.

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DUE TO COPYRIGHT RESTRICTIONS ONLY AVAILABLE FOR CONSULTATION AT ASTON UNIVERSITY LIBRARY AND INFORMATION SERVICES WITH PRIOR ARRANGEMENT

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The article first gives an overview of the formation and the evolution of the principle of non-refoulement under international law. The different meanings of the concept in the asylum and human rights contexts are then discussed and compared, with due regard to the convergences that arose in the course of legal developments. In doing so, this short piece also draws attention to certain controversial issues and blurred lines, which have surfaced through the practical application of the prohibition of refoulement. Identifying the contours of the concept and clarifying its content and its effects may help in appreciating the implications that stem, in the current extraordinary times of migratory movements, from the fundamental humanitarian legal principles of which the imperative of non-refoulement forms part.

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Desegregation of social and public spaces was the most visible result of the Civil Rights Movement. After 1960, the integration of schools in Mississippi became a source of conflict. The social change of Civil Rights attacked the social order of White Resistance that supported the state superstructure. The public schools were a place for the discovery of identity for Blacks. The integrated on of the schools caused many Whites to leave rather than be integrated with Blacks. Desegregation of schools was also a slow process because the local and state government could not enforce the decisions of the US Courts, leading Blacks to realize their place in American society could only be secured through individual action. ^ This work explains the role of schooling during the integration of the Holly Springs Separate School System. The process of forging a new identity by local Blacks is examined against the forces of social change and resistance. I addition, this work examines the perils for the Blacks as they faced the uncertainty of change in the crucial Civil Rights years between 1964 and 1974. ^ This work analyzes how the Black community dealt with the problems triggered by the desegregation of the school system in Holly Springs, of a constructed social condition, a psychological state of being, the realities of racism and segregation, and the change and resistance between the individual and the collective. It is based on six months of field work investigation. Although the schools were a crucial aspect of community life for Blacks and Whites, Blacks did form their identity in them. Other institutions, such churches were more crucial. Second, the aspect of politeness and belief in law made the experience in Holly Springs unique to that place, and thus, warrants further study to determine its place within the Civil Rights Movement. Finally, while the political and economic control of Holly Springs remained with Whites, desegregation led to the resegregation of the public schools: as Whites left to private schools. ^

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The philosopher and novelist Ayn Rand (1905–1982) is an icon of American culture. That culture misunderstands her, however. It perceives her solely as a pure market conservative. In the first forty years of her life, Rand's individualism was intellectual and served as a defense for the free trade of ideas. It originated in the Russian Revolution. In 1926, when Rand left the Soviet Union, she developed her individualism into an American philosophy. Her ideas of the individual in society belonged to a debate where intellectuals intended to abolish the State and free man and woman from its intellectual snares. To present Rand as a freethinker allows me to examine her anticommunism as a reaction against Leninism and to consider the relation of her ideas to Marxism. This approach stresses that Rand, as Marx, opposed the State and argued for the historical importance of a capitalist revolution. For Rand the latter, however, depended on an entrepreneurial class that rejected Protestantism as ideology – which she contended threatened its interests because Christianity had lost its historical significance. This exposes the nature of Rand's intellectual individualism in American society, where the majority on the entire political spectrum still identified with the teachings of Christ. It also reveals the dynamics of her anticommunism. From 1926 to 1943, Rand remodeled American individualism and as she did so, she determined her opposition first to the New Deal liberals and second business conservatives. To these ends, Marxism and Protestantism served Rand's individualism and made her an American icon of the twentieth century.

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Political scientists have long noted that Congressional elections are often uncompetitive, often extremely so. Many scholars argue that the cause lies in the partisan redistricting of Congressional districts, or “gerrymandering”. Other scholars emphasize polarization created by a fragmented news media, or the candidate choices made by a more ideological primary electorate. All these explanations identify the cause of party-safe elections in institutions of various kinds. This dissertation, by contrast, presents a structural explanation of uncompetitive elections. My theory is that population composition and patterns of migration are significant causes and predictors of election results in Florida. I test this theory empirically by comparing the predictions from four hypotheses against aggregate data, using the county as the unit of analysis. The first hypothesis is that Florida can be divided into clearly distinguishable, persistent partisan sections. This hypothesis is confirmed. The second hypothesis is that Florida voters have become increasingly partisan over time. This hypothesis is confirmed. The third hypothesis is that the degree of migration into a county predicts how that county will vote. This hypothesis is partially confirmed, for the migration effect appears to have waned over time. The last hypothesis is that the degree of religiosity of a county population is a predictor of how that county will vote. This hypothesis is also supported by the results of statistical analysis. By identifying the structural causes of party-safe elections, this dissertation not only broadens our understanding of elections in Florida, but also sheds light on the current polarization in American politics.

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The purpose of the study was to compare the English III success of students whose home language is Haitian Creole (SWHLIHC) with that of the more visible African American high school students in the Miami Dade County Public Schools System, in an effort to offer insight that might assist educators in facilitating the educational success of SWHLIHC in American Literature class.^ The study was guided by two important theories on how students interact with and learn from literature. They are Reader Response Theory which advocates giving students the opportunity to become involved in the literature experience (Rosenblatt, 1995), and Critical Literacy, a theory developed by Paolo Freire and Henry Giroux, which espouses a critical approach to analysis of society that enables people to analyze social problems through lenses that would reveal social inequities and assist in transforming society into a more equitable entity.^ Data for the study: 10th grade reading FCAT scores, English III/American Literature grades, and Promotion to English IV records for the school year 2010-2011 were retrieved from the records division of the Miami Dade County Public Schools System. The study used a quantitative methods approach, the central feature of which was an ex post facto design with hypotheses (Newman, Newman, Brown, & McNeely, 2006). The ex post facto design with hypotheses was chosen because the researcher postulated hypotheses about the relationships that might exist between the performances of SWHLIHC and those of African American students on the three above mentioned variables. This type of design supported the researcher's purpose of comparing these performances.^ One way analysis of variance (ANOVA), two way ANOVAs, and chi square tests were used to examine the two groups' performances on the 10th grade reading FCAT, their English III grades, and their promotion to English IV. ^ The study findings show that there was a significant difference in the performance of SWHLIHC and African American high school students on all three independent variables. SWHLIHC performed significantly higher on English III success and promotion to English IV. African American high school students performed significantly higher on the reading FCAT.^

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In view of the climate of instability and deep social inequalities, it has been evident in the Brazilian reality, a new way to punish systematic already developed and consolidated in other countries, in which, among other things, the criminality is anticipated only by danger that the individual sports. It appears, therefore, that the theory developed by Günter Jakobs, nominated Criminal Law of the Enemy, became subtly inserted in the Brazilian reality as well as in international relations signed. In this sense, the Brazilian State, in order to carry out the international legal cooperation in the criminal field, signed a mutual assistance agreement with the government of the United States of America. Forward the conclusion of Mutual legal Assistance Treaty (MLAT), the signatory countries voiced a desire to cooperate in order to facilitate the implementation of tasks of the authorities responsible for law enforcement in both countries, comprising research, investigation, prosecution and prevention of crime, said internalized adjustment in the Brazilian legal system by means of Decree No. 3810 of 02 May 2001. Alongside these considerations, the present study aims to analyze the Criminal law of the Enemy today, seeking to find evidence of that theory in the MLAT, international legal cooperation instrument signed between the government of the Federative Republic of Brazil and the government of the United States of America. Moreover, it has the objective to describe its effects on the Brazilian jurisdiction, especially as concerns the relativity and the suppression of human rights. Once done the introit, analysis will be carried out in the first chapter, on the definition and main features of the theory of Criminal Enemy of the law, it is imperative to approach the humanistic aspect that preceded the theory as well as the dealings given to some controversial issues surrounding it, such as the anticipation of the enemy's punishment and the disproportionality of the penalties imposed. In the second chapter will present the conceptual assumptions, historical evolution and the positives aspects, as well as the barriers and the pursuit of effectiveness of international legal cooperation. In the chapter, bedroom effective analysis of specific modality of cooperation will be held, the Mutual legal Assistance Treaty - MLAT in criminal matters, signed between the Federative Republic of Brazil and the United States of America, in which the general aspects will be addressed and the MLAT reflections on the Brazilian jurisdiction, which includes analysis about the relativity or suppression of human rights, future trends and creating stricter laws, followed by the presentation of the seized conclusion on the subject, in which, among other approaches, will be voiced understanding about the unconstitutionality certain service requests that, from these, there is the bad use of the agreed instrument.