13,394 research outputs found
[Letter from J. B. Pope to T. N. Carswell - March 4, 1948]
No full textA letter written to Mr. T. N. Carswell, Abilene, Texas, from J. B. Pope, President, Rural Life Insurance Company, Dallas, Texas, dated March 4, 1948. Cover letter by Pope advising of an enclosed financial statement. Typewritten on business letterhead bearing GRAHAM WORLD BOND watermark. Enclosure includes: RURAL LIFE INSURANCE COMPANY Financial Statement dated December 31, 1947
The Right to Strike under the United States Constitution: Theory, Practice, and Possible Implications for Canada
No full textAnswering critics of the Canadian Supreme Court's judgment in B.C. Health, the author argues that the Court laid the foundation for a principled and durable doctrine protecting constitutional labour rights, one that goes directly to the heart of the matter — the inequality of workers’ power in the employment relation. In the author’s view, two paths could lead from B.C. Health to the recognition of Charter protec- tion for a right to strike: one that treats the right as an accessory to col- lective bargaining, and one that upholds the right directly on the basis of the Charter values of equality and participation. The author supports the latter approach, contending that constitutional rights should be defined in relation to fundamental values, in a way that is not contingent on time-bound or fact-sensitive assessments about the role of strikes within a particular collective bargaining regime. Although a Charter right to strike may involve the courts in difficult choices about when to defer to legislative policy decisions, and courts may lack the institutional capac- ity to deal effectively with labour law issues, the author points out that judges can look to ILO standards for expert guidance. Noting that the U.S. experience in this area might be of considerable use to Canadians, the author concludes by providing an overview of American case law concerning a constitutional right to strike.Peer reviewe
A Conversation with Stephen B. Pope
No full textStephen Pope is the Sibley College Professor of Mechanical Engineering in the Sibley School of Mechanical & Aerospace Engineering at Cornell University. He received his undergraduate and graduate education in the Mechanical Engineering Department of Imperial College, London. Following post-doctoral positions at Imperial College and in Applied Mathematics at the California Institute of Technology, he joined the Mechanical Engineering faculty at the Massachusetts Institute of Technology in 1978, and then moved to Cornell in 1982.His research is in the areas of modeling and simulation of turbulent flows and turbulent combustion. He pioneered the use of probability density function (PDF) models for turbulent reactive flows, and has made various contributions to the statistical modeling of turbulent flows, and to their study via direct numerical simulations and large-eddy simulations. For combustion chemistry, he has developed a number of dimension-reduction and tabulation methodologies. His textbook "Turbulent Flows" was published in 2000.Steve Pope is a Fellow of the Royal Society, a Member of the U.S. National Academy of Engineering, and a Fellow of the American Academy of Arts and Sciences. He is the recipient of the Zeldovich Gold Medal of the Combustion Institute (2008), and the Fluid Dynamics Prize of the American Physical Society (2009).1_098gfas
The good Pope : British reactions to the Papacy of Pius IX, 1846-52
No full textFrom the time of the Reformation in England Anglo-vatican
relations have typically been seen as a long history of
unending antagonism. It is not common knowledge that in
the period between 1846 and 1851 there was a notable, if
temporary, lull in this animosity and even talk of
establishing full diplomatic relations. This thesis aims
to account for this thaw in tensions and to analyse the
British response to the early 'liberal' years of Pope
Pius IX, not only looking at government policy but also
the attitude of the British public towards the new Pope.
In addition, this study sets out not only to look at
individual issues, such as the Risorgimento, the history
of the Roman Catholic Church in England and the Irish
question, but seeks to explain the interplay between them
in order to come to a fuller understanding of British
policy.
This thesis reveals that British policy was based on the
need to achieve a number of goals, such as a peaceful
solution to the political crisis in the Italian peninsula
and the curbing of the Irish agitation, and that it was
held that an enlightened Pope could help in the
fulfilment of these aims. The effort to improve relations
in the end failed as it was undermined by an overoptimistic
assessment of the Pope's liberalism and
failure of the British government to appreciate the depth
of anti-Catholic opinion among the British public and
their representatives in Parliament. The result was that
this short thaw in relations came to an abrupt end
Conceptualising and managing trade-offs in sustainability assessment
No full textOne of the defining characteristics of sustainability assessment as a form of impact assessment is that it provides a forum for the explicit consideration of the trade-offs that are inherent in complex decision-making processes. Few sustainability assessments have achieved this goal though, and none has considered trade-offs in a holistic fashion throughout the process. Recent contributions such as the Gibson trade-off rules have significantly progressed thinking in this area by suggesting appropriate acceptability criteria for evaluating substantive trade-offs arising from proposed development, as well as process rules for how evaluations of acceptability should occur. However, there has been negligible uptake of these rules in practice. Overall, we argue that there is inadequate consideration of trade-offs, both process and substantive, throughout the sustainability assessment process, and insufficient considerations of how process decisions and compromises influence substantive outcomes. This paper presents a framework for understanding and managing both process and substantive trade-offs within each step of a typical sustainability assessment process. The framework draws together previously published literature and offers case studies that illustrate aspects of the practical application of the framework. The framing and design of sustainability assessment are vitally important, as process compromises or trade-offs can have substantive consequences in terms of sustainability outcomes delivered, with the choice of alternatives considered being a particularly significant determinant of substantive outcomes. The demarcation of acceptable from unacceptable impacts is a key aspect of managing trade-offs. Offsets can be considered as a form of trade-off within a category of sustainability that are utilised to enhance preferred alternatives once conditions of impact acceptability have been met. In this way they may enable net gains to be delivered; another imperative for progress to sustainability. Understanding the nature and implications of trade-offs within sustainability assessment is essential to improving practice
How American Workers Lost the Right to Strike, and Other Tales
No full textAs a veteran labor scholar once said, if you want to know where the corpses are buried in labor law, look for the of course statements in court opinions. This essay traces the historical origins of five such of course statements, each of which has had a devastating impact on the American labor movement. The five statements are: (1) Workers have no right of self-defense against employers that commit unfair labor practices (NLRB v. Fansteel Metallurgical Corporation); (2) Employers enjoy the right permanently to replace economic strikers (NLRB v. Mackay Radio & Telegraph Company); (3) The National Labor Relations Board has no power to deter unfair labor practices (Consolidated Edison Company v. NLRB); (4) Employers may exclude union organizers from their property (Lechmere, Inc. v. NLRB); (5) Employers may close operations out of spite against workers who choose to unionize (Textile Workers Union v. Darlington Manufacturing Company). The essay argues that in each of the five cases, the Court revived Lochner-era constitutional doctrines - supposedly defunct since the switch in time that saved nine in 1937 - and applied them to cut back on statutory labor rights. Although the five statements were not considered especially dangerous at the time, their impact has since been magnified by social and economic change. Taken together, they may account for a substantial proportion of the decline in the American labor movement. As in the pre-New Deal period, then, judges have deprived workers of the rights to organize and strike based on constitutional concerns. This time, however, they have avoided the forthright constitutional reasoning of the pre-1937 period, thereby insulating their rulings against changes in constitutional jurisprudence.Peer reviewe
Letters of Pope Paul VI and pope John Paul II concerning the veneration of the virgin Mary: a study in ecumenical development
No full textAs seen from the outside, the Roman Catholic and the Orthodox Churches appear to have many things in common. Among these is the veneration of the Virgin Mary, which is part of their common heritage of over 1000 years, though the Orthodox would insist that there are important differences between Roman Catholic and Orthodox Mariology. Serious ecumenical contacts and discussions between the Church of Rome and other Churches have only begun in the last thirty to forty years, and this thesis examines letters of Pope Paul VI and John Paul II on Marian doctrine, written during the period of increasing communication The theme focuses on the ecumenical implication of these documents, as well as their change in emphasis on the part of the Papacy. From Pope John XXIII's first opening the doors to ecumenism, the Bishops of Rome have become progressively more interested in, or conscious of, the ecumenical implications of their statements on Mary. At the same time, there has been a considerable shift in interest on the part of the Papacy, changing from talking about the Western Churches, to a grand strategy which exercises an approach to the Orthodox Churches from their common heritage of the Virgin Mary
Section 1 of the Thirteenth Amendment and the Badges and Incidents of Slavery
No full textThis Article presents the first comprehensive treatment of the basic and officially “open” question whether Section 1 of the Thirteenth Amendment directly bans the badges and incidents of slavery. Surprisingly, in light of present-day uncertainty, the historical record is relatively clear on this issue. Members of the Thirty-Ninth Congress generally agreed that Section 1 banned at least some of the badges and incidents; they parted company over which ones. The Democrats and their allies, nearly all of whom had opposed the Amendment, claimed that it outlawed only the core incidents of slavery, for example chattelization and physically or legally forced labor. But their Republican opponents, all of whom had supported the Amendment, maintained that it banned a far broader set including—at a minimum—denials of the rights enumerated in the Civil Rights Act of 1866, namely to enjoy the same rights to make contracts, own property, and participate in court as were enjoyed by white citizens. Until 1968, courts also assumed that the issue of badges and incidents hinged on Section 1. Contrary to the received wisdom, Jones v. Alfred H. Mayer Co., decided in that year, announced for the first time that the identification of badges and incidents might be a task for Congress under the Section 2 power to enact “appropriate” enforcement legislation. Although the Court has maintained for nearly half a century that the question is “open,” the practical reality is that courts honor the narrow reading of Section 1 proposed by the unsuccessful Democratic opponents of both the Amendment and the 1866 Civil Rights Act, a reading later introduced to jurisprudence in the now-overruled Jim Crow decisions of Plessy v. Ferguson and Hodges v. United States. It is not too late to resolve the official uncertainty by embracing the Republican reading. This choice would re-start the process, commenced by the Thirty-Ninth Congress but derailed in Plessy and Hodges, of determining what it means to ensure that neither slavery nor involuntary servitude “shall exist.” The Article concludes by exploring some of the basic interpretive issues and their implications for the constitutional law of racially disparate impact, race-based affirmative action, gender equality, and reproductive freedom.Peer reviewe
The Thirteenth Amendment versus the Commerce Clause: Labor and the Shaping of the Post-New Deal Constitutional Order
No full textDuring the twentieth century, Congress's power to regulate commerce grew sensationally while its human rights powers atrophied. This strange phenomenon originated in the choice, made by lawyers and politicians in the early 1930s, to base labor rights statutes like the Wagner Act on the Commerce Clause instead of the Thirteenth Amendment. Unions and workers argued that the rights to organize and strike made the difference between freedom and involuntary servitude. But a bevy of progressive lawyers who styled themselves friends of labor undermined labor's Thirteenth Amendment theory. The article argues that this clash reflected not merely tactical differences among allies, but fundamentally conflicting constitutional goals. It contends that the Supreme Court upheld the Wagner Act not because of the lawyers' Commerce Clause arguments, but because workers staged a series of sit-down strikes that confronted the swing justices with a choice between industrial peace or war. Afterward, unions and workers interpreted the Wagner Act decisions as victories for labor freedom, but the Act's Commerce Clause foundation pointed in a different direction - one leading to fateful distortions in the jurisprudence of congressional powers.Peer reviewe
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