Louis Kaplow
- Published in print:
- 2013
- Published Online:
- October 2017
- ISBN:
- 9780691158624
- eISBN:
- 9781400846078
- Item type:
- chapter
- Publisher:
- Princeton University Press
- DOI:
- 10.23943/princeton/9780691158624.003.0013
- Subject:
- Economics and Finance, Economic History
This chapter analyzes sanctions, concentrating primarily on deterrence. In many instances, reflecting current practice, the most important instruments are fines levied by government enforcers and, ...
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This chapter analyzes sanctions, concentrating primarily on deterrence. In many instances, reflecting current practice, the most important instruments are fines levied by government enforcers and, where permitted, damages collected by injured parties. If the probability of sanctions and their magnitude are sufficient, most coordinated price elevation will be deterred. A major challenge in setting monetary sanctions is determining the extent of price elevation. The measurement problem is conceptually the same whether price elevation was accomplished through secret meetings, mere recognition of interdependence, or in any other manner. The threat of imprisonment as well as fines assessed against individual actors can be a useful supplement, particularly in light of agency problems within firms. Injunctions are also considered. Although much academic commentary fixates on injunctive relief, it is not evident that it is important in controlling coordinated oligopoly pricing.Less
This chapter analyzes sanctions, concentrating primarily on deterrence. In many instances, reflecting current practice, the most important instruments are fines levied by government enforcers and, where permitted, damages collected by injured parties. If the probability of sanctions and their magnitude are sufficient, most coordinated price elevation will be deterred. A major challenge in setting monetary sanctions is determining the extent of price elevation. The measurement problem is conceptually the same whether price elevation was accomplished through secret meetings, mere recognition of interdependence, or in any other manner. The threat of imprisonment as well as fines assessed against individual actors can be a useful supplement, particularly in light of agency problems within firms. Injunctions are also considered. Although much academic commentary fixates on injunctive relief, it is not evident that it is important in controlling coordinated oligopoly pricing.
Malcolm W. Klein and Cheryl L. Maxson
- Published in print:
- 2006
- Published Online:
- May 2012
- ISBN:
- 9780195163445
- eISBN:
- 9780199943340
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195163445.003.0035
- Subject:
- Sociology, Law, Crime and Deviance
This chapter reviews the current state of knowledge about the community characteristics that foster gang development. In doing so, it recognizes several key issues and limitations within this ...
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This chapter reviews the current state of knowledge about the community characteristics that foster gang development. In doing so, it recognizes several key issues and limitations within this relatively undeveloped but growing body of literature. The distinction between “chronic” and “emergent” gang cities is important here, especially as it relates to gang structures. Ethnicity and other data are reported. At the community level, the discussion is more conceptual than data based and also describes the use of community-based antigang injunctions and abatements.Less
This chapter reviews the current state of knowledge about the community characteristics that foster gang development. In doing so, it recognizes several key issues and limitations within this relatively undeveloped but growing body of literature. The distinction between “chronic” and “emergent” gang cities is important here, especially as it relates to gang structures. Ethnicity and other data are reported. At the community level, the discussion is more conceptual than data based and also describes the use of community-based antigang injunctions and abatements.
Lord Denning
- Published in print:
- 1980
- Published Online:
- March 2012
- ISBN:
- 9780406176080
- eISBN:
- 9780191705113
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780406176080.003.0026
- Subject:
- Law, Constitutional and Administrative Law
The law has placed no restriction on people going out of England to avoid tax or for any other reason. There was in olden days a writ called ne exeat regnum. The author states that he had never known ...
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The law has placed no restriction on people going out of England to avoid tax or for any other reason. There was in olden days a writ called ne exeat regnum. The author states that he had never known a case in modern times where this writ had been issued: and he thinks it is now obsolete. Especially now that imprisonment for debt has been abolished. A creditor has now a better remedy by way of a mareva injunction, which does not trespass upon personal liberty. But the law still does what it can to discourage citizens taking unfair advantage of their liberty to go abroad. This chapter discusses the case of Jersey, a favourite haven for the tax avoider. Furthermore, it also discusses those who operate companies registered abroad in tax-havens.Less
The law has placed no restriction on people going out of England to avoid tax or for any other reason. There was in olden days a writ called ne exeat regnum. The author states that he had never known a case in modern times where this writ had been issued: and he thinks it is now obsolete. Especially now that imprisonment for debt has been abolished. A creditor has now a better remedy by way of a mareva injunction, which does not trespass upon personal liberty. But the law still does what it can to discourage citizens taking unfair advantage of their liberty to go abroad. This chapter discusses the case of Jersey, a favourite haven for the tax avoider. Furthermore, it also discusses those who operate companies registered abroad in tax-havens.
Steven Gee
- Published in print:
- 2009
- Published Online:
- September 2009
- ISBN:
- 9780199566181
- eISBN:
- 9780191705458
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199566181.003.0040
- Subject:
- Law, Legal History
This chapter details the anti-suit injunctions and arbitration. It deals with the Supreme Court Act 1981, section 50 and damages for breach of the arbitration agreement, and discusses some central ...
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This chapter details the anti-suit injunctions and arbitration. It deals with the Supreme Court Act 1981, section 50 and damages for breach of the arbitration agreement, and discusses some central cases to this issue.Less
This chapter details the anti-suit injunctions and arbitration. It deals with the Supreme Court Act 1981, section 50 and damages for breach of the arbitration agreement, and discusses some central cases to this issue.
Christopher Cannon
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780199230396
- eISBN:
- 9780191696459
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199230396.003.0004
- Subject:
- Literature, Early and Medieval Literature
This chapter suggests that Orm finds an injunction to make writing the form of life, as if the making of the letters were itself a mode of devotion perfectible to the extent that writing could fill ...
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This chapter suggests that Orm finds an injunction to make writing the form of life, as if the making of the letters were itself a mode of devotion perfectible to the extent that writing could fill the activity of living. It implies that the principles of Orm’s method are embedded in practices and outcomes, and not explained in any conventional sense. It then attempts to explain how the writing of the Ormulum can be so impertinent, so brave, and so insightful, in two parts. The first part examines the ideas that caused Orm to shape the Ormulum’s lines and words in a unique way. The second part discusses how the ideas unfold into a remarkable poem. It also suggests that what Orm is doing is spelling rather than writing and it was done thru the process of deconstruction, careful teasing out of warring forces of signification.Less
This chapter suggests that Orm finds an injunction to make writing the form of life, as if the making of the letters were itself a mode of devotion perfectible to the extent that writing could fill the activity of living. It implies that the principles of Orm’s method are embedded in practices and outcomes, and not explained in any conventional sense. It then attempts to explain how the writing of the Ormulum can be so impertinent, so brave, and so insightful, in two parts. The first part examines the ideas that caused Orm to shape the Ormulum’s lines and words in a unique way. The second part discusses how the ideas unfold into a remarkable poem. It also suggests that what Orm is doing is spelling rather than writing and it was done thru the process of deconstruction, careful teasing out of warring forces of signification.
Michael Slote
- Published in print:
- 2009
- Published Online:
- February 2010
- ISBN:
- 9780195391442
- eISBN:
- 9780199866250
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195391442.003.0007
- Subject:
- Philosophy, Moral Philosophy
This chapter takes up some important implications of the previous account of moral language and judgment. Recent sentimentalists have held that it is morally preferable if we don't have to consult or ...
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This chapter takes up some important implications of the previous account of moral language and judgment. Recent sentimentalists have held that it is morally preferable if we don't have to consult or follow moral principles or injunctions in our dealings with others — for example, in our attempts to help them—and both Hutcheson and Hume appear to agree. But there are times when sentimentalistically understood moral principles/injunctions can be morally very helpful, and are perhaps even necessary, and this chapter offers an account of how and when this is so. It also expands on what was said in Chapter 1 about moral education and moves it in the direction of certain explicitly Humean ideas.Less
This chapter takes up some important implications of the previous account of moral language and judgment. Recent sentimentalists have held that it is morally preferable if we don't have to consult or follow moral principles or injunctions in our dealings with others — for example, in our attempts to help them—and both Hutcheson and Hume appear to agree. But there are times when sentimentalistically understood moral principles/injunctions can be morally very helpful, and are perhaps even necessary, and this chapter offers an account of how and when this is so. It also expands on what was said in Chapter 1 about moral education and moves it in the direction of certain explicitly Humean ideas.
Stephanie M. Stern and Daphna Lewinsohn-Zamir
- Published in print:
- 2020
- Published Online:
- September 2020
- ISBN:
- 9781479835683
- eISBN:
- 9781479857623
- Item type:
- chapter
- Publisher:
- NYU Press
- DOI:
- 10.18574/nyu/9781479835683.003.0009
- Subject:
- Psychology, Social Psychology
All legal systems must design remedies for rights violations, including property rights. In this context, one of the most common choices is between monetary remedies and in-kind remedies. In reality, ...
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All legal systems must design remedies for rights violations, including property rights. In this context, one of the most common choices is between monetary remedies and in-kind remedies. In reality, monetary compensation is the most common form of redress for rights violations. This chapter questions the conventional wisdom that people are ordinarily indifferent between monetary and nonmonetary remedies, focusing on remedies relating to property. There is experimental evidence that people prefer in-kind remedies to monetary ones, even when the remedy concerns nonunique and easily replaceable assets. The chapter applies the psychological insights to remedies for wrongful interference with property, and to land use planning and expropriation of property.Less
All legal systems must design remedies for rights violations, including property rights. In this context, one of the most common choices is between monetary remedies and in-kind remedies. In reality, monetary compensation is the most common form of redress for rights violations. This chapter questions the conventional wisdom that people are ordinarily indifferent between monetary and nonmonetary remedies, focusing on remedies relating to property. There is experimental evidence that people prefer in-kind remedies to monetary ones, even when the remedy concerns nonunique and easily replaceable assets. The chapter applies the psychological insights to remedies for wrongful interference with property, and to land use planning and expropriation of property.
Julian Davies
- Published in print:
- 1992
- Published Online:
- October 2011
- ISBN:
- 9780198203117
- eISBN:
- 9780191675720
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198203117.003.0002
- Subject:
- History, British and Irish Early Modern History, History of Religion
This chapter begins by discussing the etymology of ‘Anglicanism’, noting that Anglicanism has become more exclusive over time and that its liturgical and architectural setting has also changed. Next, ...
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This chapter begins by discussing the etymology of ‘Anglicanism’, noting that Anglicanism has become more exclusive over time and that its liturgical and architectural setting has also changed. Next, it discusses that recent revisionist historians suggest that Charles I anathematized Puritanism because he had imbibed Arminian doctrine, which led him to proscribe its doctrinal opposite, Calvinism, the perceived doctrinal base of Puritanism. The chapter explains that true religion for Charles I seems to have consisted of following an exemplary, moral code of conduct, along a path illuminated less by the Word than by capturing a sense of the numinous. It also describes how Charles I restored uniformity and order within Church and Commonwealth, and the revival of one of the first Elizabethan codes for the Church: the Injunctions of 1559. The chapter then discusses Laud's influence on Charles I's ecclesiastical decisions.Less
This chapter begins by discussing the etymology of ‘Anglicanism’, noting that Anglicanism has become more exclusive over time and that its liturgical and architectural setting has also changed. Next, it discusses that recent revisionist historians suggest that Charles I anathematized Puritanism because he had imbibed Arminian doctrine, which led him to proscribe its doctrinal opposite, Calvinism, the perceived doctrinal base of Puritanism. The chapter explains that true religion for Charles I seems to have consisted of following an exemplary, moral code of conduct, along a path illuminated less by the Word than by capturing a sense of the numinous. It also describes how Charles I restored uniformity and order within Church and Commonwealth, and the revival of one of the first Elizabethan codes for the Church: the Injunctions of 1559. The chapter then discusses Laud's influence on Charles I's ecclesiastical decisions.
Patrick Collinson
- Published in print:
- 1990
- Published Online:
- October 2011
- ISBN:
- 9780198222989
- eISBN:
- 9780191678554
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198222989.003.0014
- Subject:
- History, British and Irish Early Modern History, History of Religion
The Elizabethan prophesyings were in the Zurich tradition, with some traces of the more popular variety. They grew partly out of official and semi-official projects for the improvement of the ...
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The Elizabethan prophesyings were in the Zurich tradition, with some traces of the more popular variety. They grew partly out of official and semi-official projects for the improvement of the ignorant clergy, but more out of the spontaneous enterprise of the puritan preachers themselves. There was a tendency under a sympathetic bishop for exercises of the official variety to fall under puritan influence, and equally for puritan experiments to receive episcopal sanction, and so for the two institutions to merge into one.Less
The Elizabethan prophesyings were in the Zurich tradition, with some traces of the more popular variety. They grew partly out of official and semi-official projects for the improvement of the ignorant clergy, but more out of the spontaneous enterprise of the puritan preachers themselves. There was a tendency under a sympathetic bishop for exercises of the official variety to fall under puritan influence, and equally for puritan experiments to receive episcopal sanction, and so for the two institutions to merge into one.
Robert Stevens
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199211609
- eISBN:
- 9780191705946
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199211609.003.0004
- Subject:
- Law, Law of Obligations
Where specific relief is sought, such as an injunction, this is not accurately described as a remedy for a tort, as the court is enforcing the primary right. Similarly, self help ‘remedies’ are not ...
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Where specific relief is sought, such as an injunction, this is not accurately described as a remedy for a tort, as the court is enforcing the primary right. Similarly, self help ‘remedies’ are not concerned with secondary obligations, but rather with privileges created by the conflict of rights. Drawing on many different examples from conversion, libel, negligence, and false imprisonment, this chapter demonstrates the importance of the distinction between damages in substitute for the right itself, and those awarded to compensate for losses consequent upon the right infringement. Gain-based damages awarded as restitution for wrongs are shown to have either no or very little place within the common law. The best interpretation of punitive damages in order to overcome the common objections to such awards is that they are similarly not awarded to make good any loss, nor in order to deter wrongdoing but are rather a vindication of the claimant's right where the violation is particularly egregious.Less
Where specific relief is sought, such as an injunction, this is not accurately described as a remedy for a tort, as the court is enforcing the primary right. Similarly, self help ‘remedies’ are not concerned with secondary obligations, but rather with privileges created by the conflict of rights. Drawing on many different examples from conversion, libel, negligence, and false imprisonment, this chapter demonstrates the importance of the distinction between damages in substitute for the right itself, and those awarded to compensate for losses consequent upon the right infringement. Gain-based damages awarded as restitution for wrongs are shown to have either no or very little place within the common law. The best interpretation of punitive damages in order to overcome the common objections to such awards is that they are similarly not awarded to make good any loss, nor in order to deter wrongdoing but are rather a vindication of the claimant's right where the violation is particularly egregious.
Ole Peter Grell
- Published in print:
- 1991
- Published Online:
- October 2011
- ISBN:
- 9780198201960
- eISBN:
- 9780191675102
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780198201960.003.0005
- Subject:
- History, British and Irish Early Modern History, History of Religion
This chapter discusses the decline of the Anglo-Dutch communities in England. The Maidstone community was unable to manage to keep a Dutch church since the Austin Friars had too many problems during ...
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This chapter discusses the decline of the Anglo-Dutch communities in England. The Maidstone community was unable to manage to keep a Dutch church since the Austin Friars had too many problems during the 1650s to offer much assistance. Maidstone became the first Dutch church to disintegrate. The collapse of Maidstone was closely followed by the dissolution of the community in Mortlake, while Yarmouth, the smallest of the Dutch communities, survived until 1680. The larger Dutch church in Colchester was still active in 1688, however, the Civil Wars in England proved especially detrimental. Essentially, Archbishop Laud sought to integrate these communities into the English Church, as part of his more general ecclesiastical programme. This chapter argues that it was not Laud's Injunctions which accelerated the process of disintegration. It was the chaotic years during the Civil Wars and the Interregnum which proved detrimental to these communities.Less
This chapter discusses the decline of the Anglo-Dutch communities in England. The Maidstone community was unable to manage to keep a Dutch church since the Austin Friars had too many problems during the 1650s to offer much assistance. Maidstone became the first Dutch church to disintegrate. The collapse of Maidstone was closely followed by the dissolution of the community in Mortlake, while Yarmouth, the smallest of the Dutch communities, survived until 1680. The larger Dutch church in Colchester was still active in 1688, however, the Civil Wars in England proved especially detrimental. Essentially, Archbishop Laud sought to integrate these communities into the English Church, as part of his more general ecclesiastical programme. This chapter argues that it was not Laud's Injunctions which accelerated the process of disintegration. It was the chaotic years during the Civil Wars and the Interregnum which proved detrimental to these communities.
Chester Brown
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199206506
- eISBN:
- 9780191709708
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206506.003.0007
- Subject:
- Law, Public International Law
This chapter considers whether international courts have common approaches to the granting of remedies. It first examines the source of the power to award remedies. It then explains the obligation in ...
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This chapter considers whether international courts have common approaches to the granting of remedies. It first examines the source of the power to award remedies. It then explains the obligation in international law to make ‘full reparation’, and briefly details the three different forms of reparation (restitution, compensation, and satisfaction). It notes that there is some disagreement on whether each of these is appropriate as a judicial remedy in all cases. The next section cites examples where the various forms of reparation have been awarded in particular disputes, and includes a discussion of the existence of mandatory or consequential orders as a possible remedy. Finally, the chapter examines the availability of remedies in WTO dispute settlement, and notes that although this is largely a lex specialis, there is evidence that the law of reparation has some relevance.Less
This chapter considers whether international courts have common approaches to the granting of remedies. It first examines the source of the power to award remedies. It then explains the obligation in international law to make ‘full reparation’, and briefly details the three different forms of reparation (restitution, compensation, and satisfaction). It notes that there is some disagreement on whether each of these is appropriate as a judicial remedy in all cases. The next section cites examples where the various forms of reparation have been awarded in particular disputes, and includes a discussion of the existence of mandatory or consequential orders as a possible remedy. Finally, the chapter examines the availability of remedies in WTO dispute settlement, and notes that although this is largely a lex specialis, there is evidence that the law of reparation has some relevance.
Chester Brown
- Published in print:
- 2007
- Published Online:
- January 2009
- ISBN:
- 9780199206506
- eISBN:
- 9780191709708
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199206506.003.0009
- Subject:
- Law, Public International Law
This chapter argues that the emergence of a common law of international adjudication has significant practical and theoretical implications. It then considers whether the common law of international ...
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This chapter argues that the emergence of a common law of international adjudication has significant practical and theoretical implications. It then considers whether the common law of international adjudication can inform the response of international courts to issues which arise as a result of proliferation. In this regard, the chapter examines whether international courts have a power to dismiss proceedings summarily, either for manifest lack of jurisdiction, or abuse of process; the power to suspend proceedings; and the power to enjoin parties from pursuing parallel proceedings. The chapter then turns to the theoretical implications of the common law of international adjudication, and suggests that international courts do not regard themselves as ‘self-contained systems’, but rather as forming part of a community whose procedures and remedies have much in common. This evidences the existence of systemic features in international adjudication.Less
This chapter argues that the emergence of a common law of international adjudication has significant practical and theoretical implications. It then considers whether the common law of international adjudication can inform the response of international courts to issues which arise as a result of proliferation. In this regard, the chapter examines whether international courts have a power to dismiss proceedings summarily, either for manifest lack of jurisdiction, or abuse of process; the power to suspend proceedings; and the power to enjoin parties from pursuing parallel proceedings. The chapter then turns to the theoretical implications of the common law of international adjudication, and suggests that international courts do not regard themselves as ‘self-contained systems’, but rather as forming part of a community whose procedures and remedies have much in common. This evidences the existence of systemic features in international adjudication.
Paul Bloomfield
- Published in print:
- 2007
- Published Online:
- October 2011
- ISBN:
- 9780195305845
- eISBN:
- 9780199851539
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780195305845.003.0005
- Subject:
- Philosophy, Moral Philosophy
Morality can be painfully demanding so much so that we sometimes question the wisdom of complying with it. Indeed, according to H. A. Prichard, making this argument work is the central preoccupation ...
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Morality can be painfully demanding so much so that we sometimes question the wisdom of complying with it. Indeed, according to H. A. Prichard, making this argument work is the central preoccupation of moral philosophy. But Prichard also believes that to the extent this is true, the whole subject of moral philosophy rests on a mistake (1968, 1). Moreover, the consensus is not only that we should call these things moral but also that we should be these things, which gives us a clue to the word's meaning. When a person refers to an act by saying, “That's immoral” listeners normally understand the speaker to be saying there is reason not to do the act. This way of understanding the term's use may not fully capture the term's meaning, any more than a set of injunctions to be kind, honest, and peaceful fully covers morality's extension.Less
Morality can be painfully demanding so much so that we sometimes question the wisdom of complying with it. Indeed, according to H. A. Prichard, making this argument work is the central preoccupation of moral philosophy. But Prichard also believes that to the extent this is true, the whole subject of moral philosophy rests on a mistake (1968, 1). Moreover, the consensus is not only that we should call these things moral but also that we should be these things, which gives us a clue to the word's meaning. When a person refers to an act by saying, “That's immoral” listeners normally understand the speaker to be saying there is reason not to do the act. This way of understanding the term's use may not fully capture the term's meaning, any more than a set of injunctions to be kind, honest, and peaceful fully covers morality's extension.
Solène Rowan
- Published in print:
- 2012
- Published Online:
- May 2012
- ISBN:
- 9780199606603
- eISBN:
- 9780191738722
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199606603.003.0002
- Subject:
- Law, Company and Commercial Law
This chapter considers the specific remedies available in England and France. It shows that, in stark contrast with the position in France where specific remedies are unequivocally the rule, the ...
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This chapter considers the specific remedies available in England and France. It shows that, in stark contrast with the position in France where specific remedies are unequivocally the rule, the availability of specific relief in England is limited, with remedies such as specific performance and mandatory injunctions being very much the exception. The chapter shows that a multitude of factors are behind the difference between England and France. The comparatively moderate protection afforded by English law to the performance interest is subjected to scrutiny. Consideration is given to whether the proffered justifications for the narrow availability of key specific remedies are sustainable. By reference to the approach of French law, it is contended in the chapter that, should there be a desire in England to improve protection of the performance interest, this could be achieved partly through the development of these remedies.Less
This chapter considers the specific remedies available in England and France. It shows that, in stark contrast with the position in France where specific remedies are unequivocally the rule, the availability of specific relief in England is limited, with remedies such as specific performance and mandatory injunctions being very much the exception. The chapter shows that a multitude of factors are behind the difference between England and France. The comparatively moderate protection afforded by English law to the performance interest is subjected to scrutiny. Consideration is given to whether the proffered justifications for the narrow availability of key specific remedies are sustainable. By reference to the approach of French law, it is contended in the chapter that, should there be a desire in England to improve protection of the performance interest, this could be achieved partly through the development of these remedies.
Wacks Raymond
- Published in print:
- 2013
- Published Online:
- September 2013
- ISBN:
- 9780199668656
- eISBN:
- 9780191748714
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199668656.003.0007
- Subject:
- Law, Intellectual Property, IT, and Media Law, Human Rights and Immigration
The remedies available to a victim of misuse of private information are described, including interim, final, and so-called ‘super injunctions’ (and the subject of prior notification of an imminent ...
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The remedies available to a victim of misuse of private information are described, including interim, final, and so-called ‘super injunctions’ (and the subject of prior notification of an imminent publication of private information), as well as damages (including exemplary damages) are explained. The problem of ‘jigsaw identification’ is described, and the remedies provided by the Data Protection Act 1998 discussed. The remedies provided in the privacy codes of the media self-regulatory bodies are also considered.Less
The remedies available to a victim of misuse of private information are described, including interim, final, and so-called ‘super injunctions’ (and the subject of prior notification of an imminent publication of private information), as well as damages (including exemplary damages) are explained. The problem of ‘jigsaw identification’ is described, and the remedies provided by the Data Protection Act 1998 discussed. The remedies provided in the privacy codes of the media self-regulatory bodies are also considered.
Donald W. Rogers
- Published in print:
- 2020
- Published Online:
- May 2021
- ISBN:
- 9780252043468
- eISBN:
- 9780252052347
- Item type:
- chapter
- Publisher:
- University of Illinois Press
- DOI:
- 10.5622/illinois/9780252043468.003.0005
- Subject:
- Sociology, Occupations, Professions, and Work
This chapter recounts the federal district court injunction proceeding instituted by the Committee for Industrial Organization (CIO) and American Civil Liberties Union (ACLU) to stop Jersey City from ...
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This chapter recounts the federal district court injunction proceeding instituted by the Committee for Industrial Organization (CIO) and American Civil Liberties Union (ACLU) to stop Jersey City from denying leafletting rights and public-speaking permits. Revealing the hearing’s nastiness, the chapter shows that the trial had legal significance beyond exposing Mayor Hague’s misdeeds, as it tested whether Jersey City’s claim of traditional municipal police powers against alleged CIO communists or the ACLU’s new vision of nationally protected speech and assembly rights for workers would prevail, and indeed, whether federal courts would accept jurisdiction. With law in flux, the chapter concludes, the district court broke new ground by assuming jurisdiction, rejecting Jersey City’s old legal vision, embracing new ACLU views, and enjoining Jersey City as requested.Less
This chapter recounts the federal district court injunction proceeding instituted by the Committee for Industrial Organization (CIO) and American Civil Liberties Union (ACLU) to stop Jersey City from denying leafletting rights and public-speaking permits. Revealing the hearing’s nastiness, the chapter shows that the trial had legal significance beyond exposing Mayor Hague’s misdeeds, as it tested whether Jersey City’s claim of traditional municipal police powers against alleged CIO communists or the ACLU’s new vision of nationally protected speech and assembly rights for workers would prevail, and indeed, whether federal courts would accept jurisdiction. With law in flux, the chapter concludes, the district court broke new ground by assuming jurisdiction, rejecting Jersey City’s old legal vision, embracing new ACLU views, and enjoining Jersey City as requested.
REX AHDAR and IAN LEIGH
- Published in print:
- 2005
- Published Online:
- January 2010
- ISBN:
- 9780199253623
- eISBN:
- 9780191719769
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199253623.003.0002
- Subject:
- Law, Human Rights and Immigration
This chapter examines various theological, specifically Christian, justifications for religious freedom. The contemporary acceptance of religious freedom owes comparatively little to Christian ...
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This chapter examines various theological, specifically Christian, justifications for religious freedom. The contemporary acceptance of religious freedom owes comparatively little to Christian theology. A series of overlapping convictions comprise the contemporary Christian case for freedom of religion, and these can be summarised in the form of eight principles: the principle of voluntariness; the Christological injunction; the persecution injunction; the fallibility principle; the eschatological or providential confidence; the ecumenical or universal principle; the principle of the unrestricted conscience; and the dual authority principle which maintains that the state’s delegated authority stops short of directing citizens’ souls.Less
This chapter examines various theological, specifically Christian, justifications for religious freedom. The contemporary acceptance of religious freedom owes comparatively little to Christian theology. A series of overlapping convictions comprise the contemporary Christian case for freedom of religion, and these can be summarised in the form of eight principles: the principle of voluntariness; the Christological injunction; the persecution injunction; the fallibility principle; the eschatological or providential confidence; the ecumenical or universal principle; the principle of the unrestricted conscience; and the dual authority principle which maintains that the state’s delegated authority stops short of directing citizens’ souls.
Robert Meister
- Published in print:
- 2021
- Published Online:
- January 2022
- ISBN:
- 9780226702889
- eISBN:
- 9780226734514
- Item type:
- chapter
- Publisher:
- University of Chicago Press
- DOI:
- 10.7208/chicago/9780226734514.003.0008
- Subject:
- Political Science, Political Theory
The view that a pro-justice politics can be funded by financial markets through options is here considered in the context of other funding approaches. These include financing a larger public sector ...
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The view that a pro-justice politics can be funded by financial markets through options is here considered in the context of other funding approaches. These include financing a larger public sector through taxation and government debt, and Minsky’s proposal to nationalize financial markets in order to eliminate the threats that credit cycles pose to the stability of underlying markets. When the US federal courts tried to implement historical justice through civil rights injunctions these were not typically self-funding—they simply ordered that funding be found. This book’s approach to historical justice foregrounds the funding question. Its stress inverse securities and the issuance of "coin" is contrasted with the finance-based appoaches of Rajan/Zingales and of Shiller. Unlike their efforts to improve/complete financial markets, the chapter argues that the “sudden arrest” of those markets (Caballero) should be on the political horizon of militant movements, which in non-revolutionary times can leverage (by means of options) capitalism’s inherent need to treat threats to its liquidity as heightened volatility that presents arbitrage opportunities for willing investors. The chapter concludes that historical justice really is an option, and that the financial sector has become the emergent site of democratic demands.Less
The view that a pro-justice politics can be funded by financial markets through options is here considered in the context of other funding approaches. These include financing a larger public sector through taxation and government debt, and Minsky’s proposal to nationalize financial markets in order to eliminate the threats that credit cycles pose to the stability of underlying markets. When the US federal courts tried to implement historical justice through civil rights injunctions these were not typically self-funding—they simply ordered that funding be found. This book’s approach to historical justice foregrounds the funding question. Its stress inverse securities and the issuance of "coin" is contrasted with the finance-based appoaches of Rajan/Zingales and of Shiller. Unlike their efforts to improve/complete financial markets, the chapter argues that the “sudden arrest” of those markets (Caballero) should be on the political horizon of militant movements, which in non-revolutionary times can leverage (by means of options) capitalism’s inherent need to treat threats to its liquidity as heightened volatility that presents arbitrage opportunities for willing investors. The chapter concludes that historical justice really is an option, and that the financial sector has become the emergent site of democratic demands.
Peter Ramsay
- Published in print:
- 2012
- Published Online:
- September 2012
- ISBN:
- 9780199581061
- eISBN:
- 9780191741005
- Item type:
- chapter
- Publisher:
- Oxford University Press
- DOI:
- 10.1093/acprof:oso/9780199581061.003.0004
- Subject:
- Law, Criminal Law and Criminology
This chapter considers what is distinctive about the Anti-Social Behaviour Order (ASBO) by comparing it with Section 5 of the Public Order Act 1986. It shows that the ASBO penalizes not individual ...
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This chapter considers what is distinctive about the Anti-Social Behaviour Order (ASBO) by comparing it with Section 5 of the Public Order Act 1986. It shows that the ASBO penalizes not individual acts that fail to reassure but any manifestation of a disposition to do so by showing that the ASBO imposes a subtle positive obligation of active citizenship and marks those who fail to fulfil this obligation as a second-class citizen by the reduction of their civil rights; by reviewing the controversy over the ASBO's procedure in order to demonstrate that the ASBO protects a right to freedom from fear; by demonstrating that the Coalition government's proposed reforms to the ASBO impose the same substantive liability as an ASBO; and also by explaining why the ASBO's protection of freedom from fear can be described as a right to security.Less
This chapter considers what is distinctive about the Anti-Social Behaviour Order (ASBO) by comparing it with Section 5 of the Public Order Act 1986. It shows that the ASBO penalizes not individual acts that fail to reassure but any manifestation of a disposition to do so by showing that the ASBO imposes a subtle positive obligation of active citizenship and marks those who fail to fulfil this obligation as a second-class citizen by the reduction of their civil rights; by reviewing the controversy over the ASBO's procedure in order to demonstrate that the ASBO protects a right to freedom from fear; by demonstrating that the Coalition government's proposed reforms to the ASBO impose the same substantive liability as an ASBO; and also by explaining why the ASBO's protection of freedom from fear can be described as a right to security.
