Results 71 to 80 of about 1,474,683 (396)

Buchanan and the Social Contract: Coordination Failures and the Atrophy of Property Rights

open access: yesSouthern Economic Journal, EarlyView.
ABSTRACT James Buchanan advocated that societies should be based on a social contract. He rejected anarchy, seeing it as a “Hobbesian jungle” that calls for government intervention to maintain social order. He also opposed theories of spontaneous order. These views led to debates about the compatibility of Buchanan's works with classical liberalism and
Stefano Dughera, Alain Marciano
wiley   +1 more source

Litigating War: The Justiciability of Executive War Power [PDF]

open access: yes, 2019
Courts frequently dismiss claims against the Executive’s use of the war power as being non-justiciable political questions. This lack of a judicial check has created a situation in which meaningful checks and balances on the war power are found only in ...
Smith, Chris
core   +1 more source

Rethinking Constitutionality in Education Rights Cases [PDF]

open access: yes, 2020
Education rights cases often devolve into a farce of constitutional brinkmanship played by a miserable cast of reluctant courts and recalcitrant legislatures. Between successive rounds of litigation and tepid legislative fixes, come threats of impeaching
Weishart, Joshua E.
core   +2 more sources

Beggars as Rational Choosers

open access: yesSouthern Economic Journal, EarlyView.
ABSTRACT American municipalities increasingly regulate panhandling. That regulation is controversial. The determinants of panhandling activeness are unknown, and it is doubted whether panhandling activity responds rationally to incentives. To shed light on these issues, we collect data on hundreds of panhandlers and the passersby they solicit at ...
Peter T. Leeson   +2 more
wiley   +1 more source

Hospice and Palliative Care‐Related Policy in the United States and Germany in the Context of Recent Governmental Changes

open access: yesWorld Medical &Health Policy, EarlyView.
ABSTRACT Population aging is a problem that countries around the globe are facing; it comes with complex healthcare needs. Different countries take different approaches to solving these issues. In the United States, proposed legislation related to hospice and palliative care emerged from a history of hospice fraud and specialty physician shortages.
Edith‐Marie Green
wiley   +1 more source

How do the Constitutional Courts decide?

open access: yesPrecedente, 2016
The purpose of this article is to explore the mode of production of judicial sentences drafted by constitutional courts in Europe. The natural object of study of the constitutional theory is the analysis of this final product of judicial creation of Law ...
Pasquale Pasquino
doaj   +1 more source

Empiricism and the Misdemeanor Courts: Promoting Wider, Deeper, and Interdisciplinary Study [PDF]

open access: yes, 2019
Since 1956, there have been three waves of scholarly attention on the misdemeanor courts. Despite this attention, misdemeanor courts remain understudied and overlooked.
Smith, Alisa
core   +1 more source

Papua New Guinea's Public Services Commission since independence: Sidelined or strengthened?

open access: yesAustralian Journal of Public Administration, EarlyView.
Abstract This paper investigates reforms to the Public Services Commission (PSC) in Papua New Guinea (PNG) since independence in 1975. It looks at the original role of the PSC and then the various reforms it has been subject to: in 1986, 2003, and 2013, by constitutional and legislative change, and in 2019, by court ruling.
Nematullah Bizhan, Stephen Howes
wiley   +1 more source

German state constitutional courts: the justices

open access: yesGerman Politics and Society, 2021
The article shows that two constitutional principles govern the election of justices and the composition of the 16 German state constitutional courts: democracy and the separation of powers. The recruitment of candidates, the vote on nominees in state parliaments, and the composition of benches of the courts in question support this assumption.
openaire   +1 more source

Civil Procedure and the Ministerial Exception [PDF]

open access: yes, 2017
In Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the U.S. Supreme Court recognized a ministerial exception to the ordinary rules of employer liability.
Smith, Peter J., Tuttle, Robert W.
core   +2 more sources

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