The Judicial-Legal Definition of Discrimination in Testing

1975 ◽  
Vol 8 (1) ◽  
pp. 7-18
Author(s):  
Margaret G. Gold ◽  
Joseph F. Bruno
Keyword(s):  
Personnel Selection ◽  
Civil Service ◽  
Test Construction ◽  
Federal Courts ◽  
Public And Private ◽  
Legal Definition ◽  
Definition Of ◽  
The Revolution

In the last several years, there has been a revolution in the field of personnel testing. The revolution is due to the fact that the federal courts have assumed the role of tester of testers in extending a series of challenges to civil service and other personnel examinations. The ramifications of this intervention by the federal courts into personnel testing have been far-reaching. Public and private employers can no longer casually select an examination or other personnel selection device without running the risk that a successful challenge will be made to the list resulting from the test, thereby preventing appointments from being made. The result has clearly been a more careful application of the principles of sound test construction by civil service commissions and personnel departments.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Indian Civil Servants

2021 ◽  
pp. 26-46
Author(s):  
Mark Knights
Keyword(s):  
Social Norms ◽  
Civil Service ◽  
Civil Servants ◽  
Public And Private ◽  
Private Interests ◽  
The Press

The chapter explores a case study of the 1829 prosecution by the young Charles Trevelyan of Sir Edward Colebrooke, the East India Company’s Resident in Delhi, as a means to illustrate many of the themes covered by the book. The case highlights the distinction between gifts and bribes; social norms that blurred definitions of corruption; the overlap between public and private interests; the reliance of Britons on native agents who could themselves be seen as corrupt; the ‘systems’ of corruption that grew up around powerful officers; the politics of anti-corruption; the role of the press in exposing or vindicating corruption allegations; and the ways in which corruption could be gendered and racialised. Trevelyan went on to help write a report in 1854 which is often seen as the blueprint for the modern civil service, and the interaction of Indian and British affairs is an important theme of the book.

Offshore Secrecy Centers and the Necessary Role of States: Bucking the Trend

1995 ◽  
Vol 37 (4) ◽  
pp. 1-24 ◽  
Author(s):  
Anthony P. Maingot
Keyword(s):  
Political System ◽  
Theoretical Work ◽  
Dirty Hands ◽  
Public Office ◽  
Legal Definition ◽  
Inductive Theory ◽  
Definition Of ◽  
Work Done ◽  
The Relationship

Despite the growing interest in the theme of corruption, one cannot yet speak of a body of research and analysis sufficient to the creation of inductive theory. This is not to say that there has not been interesting empirical and theoretical work done. However, most of this work has dealt with variations to the legal definition of corruption as being the illegal use of public office for private gain or, as V. O. Key, Jr. put it, the uninstitutionalized influence of wealth in a political system. The relationship between “power” and corruption has been a subject of analytical speculation since Plato posed, and Machiavelli revived, the “dirty hands” dilemma.

Treason: “ 'Tis Worse than Murder”

2010 ◽  
pp. 517-536 ◽  
Author(s):  
Stan A. Taylor ◽  
Kayle Buchanan
Keyword(s):  
Legal Definition ◽  
Democratic Societies ◽  
Definition Of ◽  
The Relationship

This article investigates the origins of concerns about treason and the evolution of laws to prevent it. It also discusses the relationship between trust and treason and the role of trust in the development of democratic societies. The article also differentiates the legal definition of treason and the word that is more commonly used. It also discusses why traditional treason laws are rarely used to prosecute traitors as well as the development of anti-espionage laws. The article concludes with a discussion on the various motivations for treason and the changes that have occurred in those motivations.

scholarly journals Local government as an institution of civil society: municipal-legal problems of interaction and functioning

2018 ◽  
Vol 6 (6-7) ◽  
pp. 45-53
Author(s):  
O. V. Batanov ◽  
V. V. Kravchenko
Keyword(s):  
Civil Society ◽  
Legal Status ◽  
Limiting State ◽  
Public And Private ◽  
Legal Problems ◽  
Long Time ◽  
Constitutional System ◽  
The Stability ◽  
Definition Of

The article is devoted to the research of municipal-legal problems of increasing the efficiency of civil society functioning in Ukraine. The emphasis is on the need to improve and strengthen the legal status of local self-government as the fundamental institution of civil society. The contemporary theory of local self-government as an institution of civil society is considered, its role in ensuring the stability of the constitutional system and the development of constitutionalism in Ukraine is determined. The basic theories of self-government are analyzed, the definition of local self-government as one of the main forms of democracy and the constitutional means of limiting state power in the conditions of formation of civil society is proposed. This approach emphasizes the increasing role of the municipal-territorial factor in the life of civil society. It is connected with the creation of capable territorial communities, confirmation of democratic intentions of national states and their special attention to the inhabitants of certain territories.It is concluded that only realization for long time in the minds of residents - members of territorial communities - of stable anti-theatrical institutions, radical changes in the stereotypes of socio-political behavior of the general population, its self-organization and self-discipline, the formation of patriotic sentiments may in the future become the basis for leveling the conflict between state and public interest, the formation of an optimal balance between public and private, and, therefore, a powerful tool for improving efficiency the organization and functioning of civil society.

Forum Non Conveniens in the Fourth Restatement

2020 ◽  
pp. 359-370
Author(s):  
Donald Earl Childress
Keyword(s):  
Foreign Relations ◽  
Federal Court ◽  
The United States ◽  
Federal Courts ◽  
Judicial Discretion ◽  
Court Decisions ◽  
Public And Private ◽  
Private Interests ◽  
Forum Non Conveniens

This chapter analyzes the approach taken by the Fourth Restatement of the Foreign Relations Law of the United States to the forum non conveniens doctrine in light of the doctrine’s history and present usage. The Fourth Restatement states succinctly the forum non conveniens doctrine: A U.S. federal court “may dismiss a case if: (a) there is an available and adequate alternative forum; and (b) despite the deference owed to the plaintiff’s choice of forum, the balance of public and private interests favors dismissal.” The Fourth Restatement next details in the comments various intricacies of the doctrine and proposes rules derived from U.S. federal court decisions with the hope of constraining judicial discretion in applying the main rule. These rules illustrate that the Fourth Restatement treats the forum non conveniens doctrine as a doctrine of law, as opposed to one of judicial discretion. In so doing, the Fourth Restatement formulates clear rules for U.S. federal courts to apply in resolving a forum non conveniens motion. This chapter considers Supreme Court decisions developing the doctrine to set the stage for assessing the Fourth Restatement’s approach and explores the doctrine as it has developed through various restatement projects, including the Fourth Restatement. The chapter concludes by examining the role of party interests in the forum non conveniens analysis and explores tensions in the doctrine that should be accounted for by U.S. federal courts and in future restatement projects.

scholarly journals Empowerment in academia: non-academic professional staff's perspectives on employee empowerment

2017 ◽  
Author(s):  
◽  
Salome Chitorelidze
Keyword(s):  
Higher Education ◽  
Qualitative Study ◽  
Research Study ◽  
Higher Education Institutions ◽  
Employee Empowerment ◽  
Public And Private ◽  
The Public ◽  
Professional Employees ◽  
Definition Of

The concept of employee empowerment has long been heralded as advantageous to employees and organizations both in the public and private sectors. However, the concept still remains ambiguous because there is no settled idea about how it should be defined. Furthermore, employees' perspectives about employee empowerment are mostly overlooked in the existing body of research. It is particularly true about non-academic professional employees at higher education institutions and their views, concerns, or expectations with regard to empowerment. This qualitative study aimed to address the existing gaps in the literature on employee empowerment.It intended to explore non-academic professional staff's views about the definition and value of empowerment. The findings of this research study have useful implications for the definition of the concept and for academic institutions and their leaders about the role of empowerment.

scholarly journals The Doctrine and Legal Positions Developed by the Courts in Theft of Someone’s Property Cases

Lex Russica ◽  
2021 ◽  
pp. 108-117
Author(s):  
S. M. Kochoi
Keyword(s):  
Russian Federation ◽  
Scientific Literature ◽  
Criminal Code ◽  
Legal Definition ◽  
The Russian Federation ◽  
Points Of View ◽  
Individual Decisions ◽  
Legislative Amendments ◽  
Definition Of

The paper considers the legal positions developed by the courts in cases of theft of someone’s property. The author is critical of the concept of "judicial doctrine", believing that the courts in essence cannot create a doctrine (theory, science), but notes the significant role of the legal positions of the courts in the formation and development of the doctrine (theory) of theft. The purpose of the work is to find an answer to the question of whether the legal positions of the courts on the application of the legal definition of theft in practice remain relevant (note 1 to Article 158 of the Criminal Code of the Russian Federation), as well as the doctrine about this crime and its elements. Having studied various points of view contained in the scientific literature, as well as the positions of the courts, including those expressed in individual decisions of the highest judicial instance of the country, the author concludes that neither the legal definition of theft nor the doctrine of it has lost its relevance. We should not be talking about the "revision" of legal and scientific structures or the "collapse of the system", but about the crisis of practice and doctrine due to the uncertainty associated with the emergence of new property goods and objects (virtual assets, digital rights, etc.) and forms of encroachment on property that are not covered by any of the features of theft. For this reason, in the absence of answers to the challenges that have arisen, controversial decisions are made in judicial and investigative practice, and contradictory recommendations are proposed in the scientific literature. According to the author, the crisis that has arisen can be solved by introducing legislative amendments to Chapter 21 of the Criminal Code of the Russian Federation aimed at forming norms on new property crimes against property that do not contain elements of theft of someone’s property.

scholarly journals Per una pianificazione "a misura" di territorio

2011 ◽  
Author(s):  
Camilla Perrone
Keyword(s):  
Common Good ◽  
Cooperative Behaviour ◽  
Public And Private ◽  
Private Interests ◽  
Critical Issues ◽  
Size Type ◽  
The Subject ◽  
The Common ◽  
Definition Of

The text proposes several approaches for reflection on the subject of the governance of territorial consumption, addressing two critical issues: the dimensioning of planning and the concept of territory as a common good. The latter is understood as the outcome of cooperative behaviour and interactive practices aimed at recognition of the value of the places and the definition of rules of settlement for the protection of increasingly scarce collective resources. Exploring the relations between the limits of efficacy of the mechanisms for dimensioning the plans and responsibilities of the policies for governance of the territory – increasingly torn between public and private interests and not sufficiently "shared" - the book offers food for thought on the role of a "territorial-size" type of planning in the acknowledgement and management of the common goods.

Sign in / Sign up

Export Citation Format

Share Document