The Role of the Judiciary in Promoting the Right to a Clean Environment in Kuwait, Egypt and the United States

2020 ◽  
pp. 1-43
Author(s):  
Ahmad S. Al-Otaibi ◽  
John H. Minan
Keyword(s):  
United States ◽  
The United States ◽  
Legal Systems ◽  
Law System ◽  
Legal Provisions ◽  
Clean Environment ◽  
The Common ◽  
The Right ◽  
Shed Light

Abstract The judiciary has a very significant role to play in safeguarding the environment and promoting the right to a clean environment. This study focuses on the role of the judiciary in promoting the right to a clean environment, and, in this regard, will examine the Kuwaiti and Egyptian experience, as both legal systems are among the civil law practice. In addition, it is of importance to expand the study to a different legal practice, such as the common law system. Therefore, this research will also shed light on the role of the judiciary in the United States of America to establish a comparison between three different legal systems. In the course of this study, constitutional, administrative, and other legal provisions will be examined. In addition, significant cases of concern will be provided and discussed in a descriptive, analytical, and critical manner.

Law Struggles, Lawmaking, and the Politics of Hegemony in Neoliberal India

2017 ◽  
Author(s):  
Kenneth Bo Nielsen ◽  
Alf Gunvald Nilsen
Keyword(s):  
United States ◽  
The United States ◽  
Land Acquisition ◽  
Ethical Perspective ◽  
Judicial Decisions ◽  
Fair Compensation ◽  
The Right ◽  
Neoliberal India ◽  
Land Question

The chapter examines the fairness claim of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act (LARR), 2013. The author uses the utilitarian fairness standard proposed by one of the most influential American constitutional scholars of the twentieth and twenty-first centuries, Frank Michelman, whose study of judicial decisions from an ethical perspective by introducing the concept of “demoralization costs” has shaped the interpretational debate on takings law in the United States. Michelman’s analysis is particularly relevant for the land question in India today since there is a widespread feeling that millions of people have been unfairly deprived of their land and livelihoods. The chapter looks at the role of the Indian judiciary in interpreting the land acquisition legislation since landmark judgments affect the morale of society. It concludes that using Michelman’s standard would help in bringing about greater “fairness” than what the new legislation has achieved.

Ideas, Institutions and the Policies of Governments: a Comparative Analysis: Part III

1973 ◽  
Vol 3 (4) ◽  
pp. 409-423 ◽  
Author(s):  
Anthony King
Keyword(s):  
United States ◽  
Public Policy ◽  
Comparative Analysis ◽  
Public Services ◽  
The United States ◽  
Welfare States ◽  
Common Assumption ◽  
Role Of The State ◽  
The Common

III THE PATTERN EXPLAINED In part I of this paper we described the gross pattern of public policy in our five countries. In part II we looked at how the pattern developed in each of the countries. We noticed that the countries have pursued policies that diverge widely, at least with respect to the size of the direct operating role of the State in the provision of public services. We also noticed that the United States differs from the four other countries far more than they do from each other. These findings will not have come as a great surprise to anybody, although some readers may have been surprised – in view of the common assumption that all major western countries are ‘welfare states’ – to discover just how much the countries differ and what different histories they have had.

scholarly journals The Prevalence of Infectious Keratitis after Keratorefractive Surgery: A Systematic Review and Meta-Analysis Study

2020 ◽  
Vol 2020 ◽  
pp. 1-8
Author(s):  
Shahla Afsharpaiman ◽  
Musa Zare ◽  
Masoud Yasemi ◽  
Tannaz Jamialahmadi ◽  
Amirhossein Sahebkar
Keyword(s):  
United States ◽  
Web Of Science ◽  
Meta Analysis ◽  
Geographical Location ◽  
The United States ◽  
Infectious Keratitis ◽  
The Common ◽  
Keratorefractive Surgery ◽  
The Right ◽  
Different Parts

Background. The keratorefractive surgeries (KRS) are one of the most common ocular surgeries. One of the dangerous complications of these surgeries is infectious keratitis (IK), which is the second cause of blindness after cataract surgery. The purpose of this study was to estimate the prevalence of IK after KRS in different parts of the world. Methods. In order to obtain relevant studies, all national and international databases including IranMedex, SID, Magiran, IranDoc, Medlib, ScienceDirect, PubMed, Scopus, Cochrane, Embase, Web of Science, and Google Scholar were searched using standard keywords. Results. IK prevalence after KRS was 0.000496% (0.000145% for the left eye and 0.000149% for the right eye). IK prevalence after KRS in the United States, Europe, and Asia was 0.000667%, 0.000473%, and 0.000045%, respectively, in all of which the common microorganisms were Staphylococci. Meta-regression showed no significant association between IK after KRS and either sample size or publication year of the studies. IK prevalence after KRS in the right eye was more than that in the left one. Also, the probability of IK incidence after LASIK surgery was more than PRK and LASEK. In the evaluation of continents, IK after KRS in the United States was more frequent compared with Europe and Asia. Conclusions. This study provided data as to the overall prevalence of IK following KRS and its variations according to the types of eye, surgery, pathogenic microorganism, and geographical location.

scholarly journals The right to medical care and its economic consequences: an American dilemma

1972 ◽  
Vol 6 (4) ◽  
pp. 317-327
Author(s):  
José Duarte de Araújo
Keyword(s):  
United States ◽  
Health Care ◽  
United States Of America ◽  
The United States ◽  
Right To Health ◽  
Economic Consequences ◽  
Right To Health Care ◽  
Modern Times ◽  
The Right

The concepts of "rights" and of "right to health care" including its evolution in modern times are discussed. The consequences of implementing this right are discussed in economic terms, regarding the situation in the United States of America. A discussion is also included on the limitations of the role of Health Insurance as a measure to solve the problem of providing health care for all individuals.

scholarly journals The European Union and Image Resilience during Times of Crisis: The Role of Public Diplomacy

2017 ◽  
Vol 12 (4) ◽  
pp. 257-282 ◽  
Author(s):  
Mai’a K. Davis Cross ◽  
Teresa La Porte
Keyword(s):  
United States ◽  
European Union ◽  
Public Diplomacy ◽  
The United States ◽  
The European Union ◽  
Negative Perceptions ◽  
Exogenous Factors ◽  
Shed Light

A resilient actor is one with the capacity to recover from setbacks and obstacles, whether stemming from endogenous or exogenous factors. Beyond actual recovery, this article argues that there is also an important perceptional dimension. Image resilience is the capacity on the part of actors to overcome and deal with the widespread negative perceptions that often follow on the heels of these setbacks. The article argues that the ability to cultivate image resilience rests significantly on the power of public diplomacy. Through establishing a strong image for an actor over the longer term, public diplomacy enables that actor to be more resilient during times of crisis. The European Union is a particularly good case study to shed light on this. Using original interview evidence, this article examines a specific example of how the European Union was ultimately able to strengthen its image resilience in the United States through public diplomacy.

Considering Precedent in Louisiana: Balancing the Value of Predictable and Certain Interpretation with the Tradition of Flexibility and Adaptability

2013 ◽  
pp. 1-19
Author(s):  
Mary Garvey Algero
Keyword(s):  
United States ◽  
New York ◽  
Common Law ◽  
New York State ◽  
Civil Law ◽  
The United States ◽  
Stare Decisis ◽  
The Common ◽  
Judicial Opinions ◽  
The Right

Despite the fundamental differences between the doctrines employed in common law and civil law (or mixed) jurisdictions when it comes to the respect paid to prior court decisions and their weight or value, United States courts that follow the common law doctrine of stare decisis have embraced some of the flexibility inherent in the civil law doctrine, and civil law and mixed jurisdictions throughout the world, including Louisiana, that use the doctrine of jurisprudence constante seem to have come to value the predictability and certainty that come with the common law doctrine. This Article suggests that Louisiana courts are striking the right balance between valuing the predictability and certainty of interpretation that comes with a healthy respect for precedent and maintaining the flexibility and adaptability of the law by not strictly considering precedent a source of law. This Article discusses the results of an ongoing examination of the sources of law and the value of precedent in Louisiana. The examination involves a study of Louisiana legislation, Louisiana courts’ writings about the sources of law and precedent, and a survey of Louisiana judges. Part of the examination included reviewing Louisiana judicial opinions on various issues to determine if there were differences in valuing precedent based on area of law or topic. It also included reviewing judicial opinions from the United States Supreme Court and New York state courts to compare these courts’ approaches to the use of precedent with those of the Louisiana courts. The article is based on a paper presented to the Third Congress of Mixed Jurisdiction Jurists, which was held in Jerusalem, Israel in June 2011, and the author’s prior writings on the subject.

The United States and Elections in Africa (2015–2018)

2019 ◽  
pp. 58-98 ◽  
Author(s):  
Andrey Urnov
Keyword(s):  
United States ◽  
Democratic Republic Of Congo ◽  
The United States ◽  
African Countries ◽  
The Us ◽  
Global Leader ◽  
The Usa ◽  
The Right ◽  
Selection Of

As a self-proclaimed “Global Leader” the United States have made “the assertion, advancement, support and defense of democracy” throughout the world one of the pillars of their foreign policy. This aim invariably figures in all Washington’s program documents pertaining to Africa. A major component of these efforts is an assistance to regular, free and fair elections. The selection of arguments cited to justify such activities has been done skilfully. In each specific case it is emphasized that the United States do not side with any competing party, stand “above the battle”, work for the perfection of electoral process, defend the rights of opposition and rank and file votes, render material and technical help to national electoral committees. Sounds irreproachable. However, the real situation is different. The study of the US practical activities in this field allows to conclude that Washington has one-sidedly awarded itself a role of a judge and supervisor of developments related to elections in the sovereign countries of Africa, tries to control the ways they are prepared and conducted. These activities signify an interference into the internal affairs of African states. The scale and forms of such interference differ and is subjected to tasks the USA try to resolve in this or that country on the national, regional or global levels. However, everywhere it serves as an instrument of penetration and strengthening of the US influence, enhancing the US political presence in African countries. The right of the US to perform this role is presented as indisputable. Sceptics are branded as opponents of democracy. The author explores the US positions and activities connected with elections in Africa during the last years of B.Obama and first two years of D.Trump presidencies. He shows how their policy have been implemented on the continental level and in regard to several countries – South Sudan, Libya, Democratic Republic of Congo, Burundi, Rwanda, Nigeria, Somali, Kenya, Uganda.

Introduction

2021 ◽  
pp. 1-6
Author(s):  
Amanda L. Tyler
Keyword(s):  
United States ◽  
Great Britain ◽  
Common Law ◽  
The United States ◽  
Habeas Corpus ◽  
American Law ◽  
History Of ◽  
The Common ◽  
Anglo American

The Introduction provides an overview of the history of the writ of habeas corpus and an overview of the book, which tells the story of what is sometimes known as “the Great Writ” as it has unfolded in Anglo-American law. The primary jurisdictions explored are Great Britain and the United States, yet many aspects of this story will ring familiar to those in other countries with a robust habeas tradition. The book chronicles the longstanding role of the common law writ of habeas corpus as a vehicle for reviewing detentions for conformity with underlying law, as well as the profound influence of the English Habeas Corpus Act of 1679 on Anglo-American law. The Introduction highlights how the writ has at times failed to live up to its glorification by Blackstone and others, while noting that at other times it has proven invaluable to protection of liberty, including as a vehicle for freeing slaves and persons confined solely based on a King’s whim.

scholarly journals Emancipating the “Kin beyond the Sea”: Reciprocity between Continental and Diasporic Africans’ Struggles for Freedom

Genealogy ◽  
2019 ◽  
Vol 3 (1) ◽  
pp. 12
Author(s):  
Angellar Manguvo
Keyword(s):  
United States ◽  
The United States ◽  
Formation Processes ◽  
African People ◽  
Racial Solidarity ◽  
The Common ◽  
The 19Th Century ◽  
Common Vision ◽  
Cross National

While the African Diaspora’s relentless commitment to the liberation of Africa from colonial bondage is well documented, the literature has, arguably, obscured the profound inspirations that Continental African people have had on Black Americans’ struggles against racism. Unfortunately, the downplaying of the pivotal role of the forces from Continental Africa divorces the understanding of the interconnectedness of transnational black consciousness. This paper contributes a greater balance to the understanding of black racial solidarity by discussing the formation and sustenance of the interrelationships between Continental African people and the African Diaspora, particularly in the United States, during the struggles of anti-colonialism in Africa and anti-racism in the United States, dating back to the turn of the 19th century. The paper conceptualizes the interconnectedness of the twin struggles from the Cross-national Diffusion theoretical framework. The theory offers appealing explanations and insights to the apparent mutuality regarding the formation, processes, outcomes, and consequences of the twin struggles. Galvanized by the common vision of emancipating the black race, the two movements were inspired by the exchange of ideological and organizational tactics, of which the exchange itself constituted another solid ideological tactic.

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