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The main issue of this article is to discuss the question of ‘precarity’ in the context of the theory of social quality (see Beck et al, 2001), with which to pave the way for developing further the theoretical foundation of precarity. Societal practice is the main challenge this concept...
Persistent link: https://www.econbiz.de/10005836955
Based on governance-related criteria, this article provides an empirical jurimetric verification of how, where, when and why alternative dispute resolution (ADR) mechanisms provide efficiency-enhancing channels to redress grievances in less developed countries. Based on data collected in 16...
Persistent link: https://www.econbiz.de/10014054010
When the Supreme Court of the United States expanded marriage to same sex couples in Obergefell, that decision became a game-changer for women in three areas. First, Obergefell changes women's relationships with men. Second, it affects and alters equality for women in many ways. Third,...
Persistent link: https://www.econbiz.de/10012978765
This paper analyses J.S. Mill's theory on the relationships between individual autonomy and State powers. It will be argued that there is a significant discrepancy between Mill's general liberal statements aimed to secure individual largest possible autonomy and the specific examples which...
Persistent link: https://www.econbiz.de/10013065132
This chapter reviews the theory of the voluntary public and private redistribution of wealth elaborated by economic analysis in the last forty years or so. The central object of the theory is altruistic gift-giving, construed as benevolent voluntary redistribution of income or wealth. The theory...
Persistent link: https://www.econbiz.de/10014023678
From produce to wine, we only consume things when they are ready. The courts are no different. That concept of "readiness" is how courts address cases and controversies as well. Justiciability doctrines, particularly ripeness, have a particularly important role in takings challenges to...
Persistent link: https://www.econbiz.de/10013095893
This essay addresses the institucional governance-related factors associated with Colombia´s civil war and fight against terrorism. The piece identifies governance-related explanatory indicators based on measuring government effectiveness, efficiency, transparency, abuses of discretion,...
Persistent link: https://www.econbiz.de/10014055712
Affirmative action has been at the forefront of educational policies and to this day continues to enliven debates. For decades, schools have litigated over whether affirmative action can be used to create a diverse student body. Now, the litigation has shifted to whether affirmative action...
Persistent link: https://www.econbiz.de/10014137802
This article argues that a failure to embrace a particular form of governance, "populist deliberative democracy" (PDD), likely contributes to the rise and persistence of mass incarceration in the United States. The article relies on varied converging sources of data. First, the article examines...
Persistent link: https://www.econbiz.de/10014175515
In response to an increasing demand for rigorous monitoring of states in meeting their human rights obligations, a growing literature has emerged on measuring human rights fulfillment. Data are increasingly used in human rights assessment and advocacy but with an ad hoc approach, with three...
Persistent link: https://www.econbiz.de/10014198612