Search

The government’s power to condemn private property is limited by the requirement that the property be for “public use.” According to the strictly applied public-use standard, private property may be condemned only when the public will use, or have the right to use, the appropriated property, or when the government will own/use the property. From 1802 to 1953, the Ohio Supreme Court held that the Ohio Constitution required this public-use rule. But in State ex rel. Bruestle v. Rich (1953), the Ohio Supreme Court adopted a broad, public-welfare rule, according to which the term “use” was read to mean “something useful to the public,” and under which the government may appropriate property in order to benefit the public-at-large or to promote the “public welfare.” Since 1953 in Ohio, private property may be appropriated “even though it is contemplated that there will at some future time be no use or right of use of the property taken on the part of the public or some limited portion thereof.” In City of Norwood v. Horney (2006), the Ohio Supreme Court - no doubt partly in response to the United State Supreme Court’s decision in Kelo v. City of New London (2005) - held that the Ohio Constitution precludes takings for economic development alone. Norwood, however, otherwise reaffirmed the broad, public-welfare standard adopted in Bruestle. This Article will show that the Bruestle ruling misinterpreted the Ohio Supreme Court's long-standing eminent-domain jurisprudence and ignored the Lockean rationales on which that jurisprudence was based. Therefore, this Article describes the “first principles” of Ohio’s fundamental law (its constitution) and the state’s pre-1953 eminent-domain jurisprudence. It is hoped that a return to first principles will lead to the full protection of individuals’ fundamental rights in private property.

This article discloses and describes a new research dataset representing the Canadian Intellectual Property Office’s historical archive of trademark applications. Both the dataset and the code used to build and analyze it are presented for public use on open-access terms. Analyses provide descriptive measures of the performance of Canada’s trademark registration system, both independently and in comparison to the United States and Australia. The full dataset release, including all associated scripts and data files, can be found at https://www.dropbox.com/sh/9ut12av2aqrbqpm/AAA1klMmtyY8_hjO2NYvJuYGa?dl=0.

Millions of older Americans receive nurse practitioner (NP)-provided home based primary care (HBPC). Little is known about how state scope-of- practice (SOP) laws may impact use of NP-home visits. Using 2017 Centers for Medicare and Medicaid Services Provider Utilization and Payment Data Public Use File (PUF), we examined the impact of state SOP laws on the use of NP-home visits. The PUF file was merged with the 2017 American Community Survey to assess area-level median income. Over 4.4 million home visits were provided to 1.6 million Medicare beneficiaries. NPs represented the largest share of providers (47.5%). In states with restricted SOP laws, compared to NPs, physicians and physician assistants had higher odds of providing HBPC. In states with reduced SOP laws, compared to NPs, physicians and PAs had decreased odds of providing HBPC. Our study provides evidence that SOP restrictions are associated with decreased utilization of NP-provided HBPC.

Which of the three legal doctrines of public use, just compensation, and due process is the most effective in constraining abuses of eminent domain power? This article addresses this question for the first time and presents the first-ever systematic investigation of the judicial review of eminent domain in China. Our empirical study reveals that Chinese courts focus on eminent domain procedures while rarely supporting claims based on public interest or just compensation. Procedural rules are determinate and therefore easier to enforce than substantial standards of public interest and just compensation. Chinese courts also choose to focus on eminent domain procedures to confine their own judicial review power for the purpose of self-preservation in an authoritarian state that empowers the courts to monitor and control local governments but does not want them to become too powerful. The study calls for a “due process revolution” in eminent domain law and introduces the “judicial politics of legal doctrine” approach to the study of Chinese law, an approach that takes both political institutions and legal doctrines seriously.

Christian political theologians have usually taken one of two approaches to the purpose of political order: agonist or perfectionist. Either political order should seek a civic peace between opposing forces or advance the full human good. Both approaches face difficulties, so I propose a middle-way: Christian reconciliationism. This political theology holds that political order should seek reconciliation between diverse moral perspectives. With perfectionism, reconciliationism aims to establish the political order as a moral order, but with agonism, reconciliationism rejects attempts to use the political order to promote the full human good. It thereby avoids the vices of both approaches.

In the US, quarantine requires we stay home, but many do not have homes to stay in or may lose theirs due to job or wage loss. For this reason, moratoria have been put on evictions. At the same time, after the latest police killings, and during ensuing protests against racist policing in June 2020, some were arrested for curfew violations, many pulled off the streets but others out of their homes or off their stoops. A real right to housing addresses both homelessness and uncurbed police powers that round up and break in. To address current emergencies and correct larger wrongs of American life, a rent jubilee would better protect tenants than a moratorium. It could be construed as a “taking,” allowed by the 5th Amendment, compensating landlords for their properties’ being taken to serve a “public use.” Popular takings, too, are rising up on behalf of a right to housing that goes beyond rent moratoria for some and the provision of low-grade “public housing” for others.

This article addresses the debate between Jurgen Habermas and Charles Taylor on the implications of state secularism for the public use of reason. Recent commentators have traced this debate either...

A recent Supreme Court case, Helsin Helathcare S.A. v. Teva Pharm. VSA, Inc., and three recent Federal Circuit cases, Arthrex, Inc. v. Smith & Newphew, Inc., Grunenthal GmbH v. Alkem Labs. Ltd, and Athena Diagnostics, Inc. v. Mayo Collaborative Servs., LLC will provide generic pharmaceutical manufacturers with greater clarity in devising litigation strategies.

La siguiente investigación analiza, en el marco de la experiencia jurídico-administrativa comunitaria de la primera fase de la monarquía romana, correspondiente a un periodo de naturaleza latino-sabina, el instituto jurídico denominado en los sistemas legales actuales como demanio público, dominio público de uso público, bienes públicos de uso público o cosas públicas de uso público. En la primera experiencia urbana romana los bienes comunes de uso colectivo presentan una serie de caracteres que, en buena medida, han sido recibidos directamente por la regulación jurídica romana posterior quien, adecuándolos y consagrándolos, construirá la categoría res publicae in publico usu. Por su parte, la regulación jurídica actual de los bienes públicos de uso público de numerosas naciones europeas está fundada e influida de modo indirecto, a través de la res publicae in publico usu, por las notas generadas en la primera experiencia estatal romana, sin olvidar que su fundamento más directo se encuentra en el contenido de la voz técnica romana «res publicae», This dissertation presents a series of studies related to the current legal concept of public property, public property of public use, public goods of public use or public things of public use. The period of primary interest for this dissertation is the first phase of the Roman monarchy corresponding to a period of latin-sabine nature. In the first Roman urban experience the common goods of collective use present a series of characters that largely have been received directly by the subsequent Roman legal regulation who, adapting and consecrating them, will construct the category res publicae in publico usu. For its part, the current legal regulation of the public goods of public use of many European nations is based indirectly, through of the res publicae in publico usu, from the notes generated in the first Roman state experience, without forgetting that its most direct foundation can be found in the content of the Roman technical voice «res publicae»

En Colombia no existe claridad en cuanto a los contratos que permiten la ocupación privativa de los bienes de uso público o, lo que es lo mismo, su aprovechamiento económico. Ante la ausencia de claridad de las reglas de esta categoría de bienes, el Consejo de Estado ha optado por cerrar la vía a ciertos tipos contractuales, como el contrato de arrendamiento. Esta solución, aunque adecuada, no ha sido debidamente sustentada por esa Alta Corte. En este artículo propongo un acercamiento distinto a la cuestión y pretend sentar las bases de un nuevo modelo contractual de gestión de estos bienes que reconozca las particularidades de su régimen jurídico, la protección que merecen y su debida explotación social y económica.

This Comment addresses the controversial Kelo v. City of New London decision and focuses on the state of Texas’ response to Kelo through its enactment of section 2206.001 of the Texas Government Code. This Comment discusses the implications of this statute in the realm of professional and college sports stadiums in Texas. Additionally, this Comment provides a background in the evolution of the eminent domain doctrine and prominent Supreme Court decisions expanding an authorized entity’s eminent domain power under a broadened definition of the entity providing a “public use.” The arguments are analyzed for whether Texas college and professional stadiums provide a public use, concluding that land takings from private landowners for the purpose of building sports stadiums constitutes a permissible public use under the Kelo standard. Land takings to build a sports stadium likely constitute a public use because it provides access to public participation, national prominence, revenue, tax benefits, and hurricane shelter for its citizens. Finally, this Comment proposes legislative amendment to section 2206.001(c) of the Texas Government Code that would raise the threshold for landowner’s compensation from 100% of the fair market value to 150%—250% of the fair market value of the property. A higher compensation would reimburse the landowner for the equity value of the property and would help prevent potential holdouts.

There have been various attempts to answer the question “What is Enlightenment?” The philosophers and historians have tried to answer this question posed many a time. In the present scenario, the most appreciated and accepted definition of enlightenment is considered to be is that of Immanuel Kant’s. German philosopher Immanuel Kant says that “enlightenment is a man’s release from self-incurred tutelage.’’ Here, tutelage is the inability of a man to make use of his “reason”. He mentions that a man is needed to have courage to use his own reason and remain unaffected of any external force. But the problem with Kantian version of use of reason appears problematic to some. He divided the realm of reason into two spheres, i.e, public use of reason and private use of reason. Where he mentions that only public use of reason must be free and boundless so that debates and arguments can take place and that according to him must have been the first step towards the Enlightenment of a society.

The article is sanctified to the questions of the use of legal prohibitions as means of government control in the field of providing of informative safety. Marked, that prohibitions in government control always carry legal character and expressed as or legal norms of prohibitions or as individual legal binding overs-prohibitions. Deployment of prohibitions in government control conditioned by simplicity of mechanism of their realization. Leaning on position of Doctrine of informative safety of Ukraine the distinguished directions legal prohibitions are already entered in that and function. One of such directions there is propaganda communist and nazi totalitarian modes and their symbolics that is straight forbidden by a corresponding law. Prohibitions that take place in activity of news agencies or televisional or radio of organizations and is by derivatives from prohibition of the mentioned totalitarian modes are considered also. Prohibitions are separately considered on the use of resources the internet, the proprietors of that are located or registered in Russian to Federation. In the process of analysis of norms, that is set legal prohibitions offer corresponding classifications of legal prohibitions. After the level of the legal adjusting legislative prohibitions and other prohibitions are distinguished. On the method of exposition legal prohibitions can be direct or mediated. The lines of prohibition envisage direct normative expression of the forbidden behaviour with the use of such verbal constructions, as "forbidden", "has no authority", "shut" out and others like that. The mediated prohibitions are expressed by other method, for example through establishment of legal responsibility for the feasance of certain offence. Such construction is used in the article of 173-3 Codes of Ukraine about administrative crimes, that envisages administrative responsibility for the public use, demonstration or carrying of ribbon of household troops or her image. After the circle of addressees legal prohibitions, as means of government control in the field of providing of informative safety, it offers to divide into normative and individual (personal). Normative prohibitions will be realized through normatively-legal acts, one of key signs of that there is their orientation all or to the indefinite circle of persons. Unlike normative prohibitions, individual (personal) prohibitions are addressed to the certain subjects. The example of individual (personal) prohibitions is application of the personal special economic and other restrictive events (approvals). Such prohibitions are illustrated by Decree of President of Ukraine, that, next to other, approvals are applied to individually certain Russian, and their use is forbidden the providers of internet-services.

This study examines the perceptions of concerns and benefits surrounding autonomous road vehicles deployed for public transport, their relationships with public acceptance, and what the public prefers during its implementation. Surveying 210 participants in Singapore, we found a general acceptance of the deployment of autonomous road public transport in Singapore with agreement that introducing them would be beneficial, particularly in improving public transport reliability and accessibility. However, they reported concerns in the areas of technical-related issues and legal liability. Participants who perceived greater benefits were also likely to report greater acceptance, even after taking into account their concerns and sociodemographic backgrounds. Participants also reported preferences for human operators to continue playing an active role, the government to test the autonomous vehicles extensively before making them available for public use and greater clarity on the legal liability when accidents involving autonomous vehicles occur when autonomous road public transport is eventually implemented.

Face masks have become an emblem of the public response to COVID-19, with many governments mandating their use in public spaces. The logic is that face masks are low cost and might help prevent some transmission. However, from the start, the assumption that face masks are “low cost” was questioned. Early on, there were warnings of the opportunity cost of public use of medical masks given shortages of personal protective equipment for healthcare providers. This led to recommendations for cloth masks and other face coverings, with little evidence of their ability to prevent transmission. However, there may also be a high cost to these recommendations if people rely on face masks in place of other more effective ways to break transmission, such as staying home. We use SafeGraph smart device location data to show that the representative American in states that have face mask mandates spent 20-30 minutes less time at home, and increase visits to a number of commercial locations, following the mandate. Since the reproductive rate of SAR-COV2, the pathogen that causes COVID-19 is hovering right around one, such substitution behavior could be the difference between controlling the epidemic and a resurgence of cases.HighlightsWe use smart device location data to show the behavioral response to face mask mandates during the 2020 COVID-19 epidemic.We find face mask mandates lead people to spend 20-30 minutes less time at home per day.We find face mask mandates increase trip taking to a variety of locations, chief among them are restaurants.This substitution behavior is concerning given the limited information on the protective value of casual face coverings.

Eminent domain is the mechanism that allows for the legal acquisition of private land for public use by the government or its agent with proper compensation. In the past, this type of acqui...

Will people want the innovation enough to acquire it? The innovative design must be transferred to users to take root. Early telegraph designers promoted the new communication to railway companies, whose track their line could run on. Cooke and Wheatstone modified Schilling’s telegraph and launched the system successfully. Yet promising innovations often face initial scepticism in high places. Sometimes particular events transform the adoption environment for an innovation through publicity. In 1845 a spectacular murder (by Tawell, caught through means of the telegraph), filled the newspapers. Later wireless telegraphy gained publicity in a similar fashion (Crippen) but at the sinking of the Titanic (1912) 710 people were rescued through emergency calls, creating greater impact. Just rarely the adoption outruns expectations. Little public use of texting was predicted, only twelve buttons seen as off-putting, but 508 billion texts were being sent worldwide monthly by 2010.

El presente artículo analiza la evolución de la legislación visigoda en relación con la normativa del uso y conservación de los caminos. Con el objetivo de conocer las obligaciones y derecho en el tránsito público de las vías en relación con las personas, mercancías y animales, se analizan las fuentes legales romanas, inspiradoras de los códigos tardoantiguos. Así mismo, se completa el trabajo con la visión que ofrecen otras fuentes históricas y arqueológicas para enriquecer la panorámica de conjunto, al justificar la continuidad de la red viaria articuladora del Imperio Romano como base de los ejes visigodos./n The work hereby analyzes the evolution of Visigoth legislation relating to the set of rules about both the usage and preservation of the roads. With the objective of knowing the stipulation of both the obligations and rights on the public use of the roads, relating to the traffic of people, goods and cattle, the Roman legal sources as inspirers of the Late Antique codes will be studied. So, the work is completed with the scope offered by other historical and archaeological which enrich the panoramical sighting of the ensemble, as justifying the continuity of the articulating road network of the Roman Empire as Visigoth hubs./n

Using the Public Use Microdata Sample from the 2005 to 2015 American Community Survey, the authors provide new evidence on how state collective bargaining laws affect public-sector wages. To isolate the causal effect of bargaining laws on public-sector pay, they examine wage differentials between otherwise similar public- and private-sector employees located in the same local labor market. They estimate difference-in-differences (DD) models that exploit two sources of plausibly exogenous variation: 1) policy discontinuities along state borders and 2) variation within states in collective bargaining laws in states where the majority of public workers are without collective bargaining rights. Findings show that mandatory collective bargaining laws increase public-sector wages by approximately 5 to 8 percentage points. Results therefore suggest that mandatory collective bargaining laws provide a formal mechanism through which public-sector workers are able to bargain for increased compensation.

El artículo trata de examinar críticamente el papel de las instituciones públicas en la gestión de la memoria de ciertos escritores considerados canónicos y, por lo tanto, objeto, en mayor o menor medida, de los intereses de distintas instancias de carácter público y/o estatal. En concreto, se examinarán los problemas teóricos y prácticos que rodean la gestión de las tumbas de los poetas, así como las políticas culturales a las que esta cuestión ha dado (o no) lugar. Los casos de Miguel de Cervantes, Rosalía de Castro y Federico García Lorca serán tomados como campo de pruebas para averiguar en qué medida el Estado delega o no en otras entidades —y en este último caso, cuáles— el patrimonio literario, entendido también, por su relación con el derecho de filiación, la propiedad intelectual o la muerte, como un patrimonio de naturaleza biopolítica que demanda una mayor reflexión colectiva y responsabilidad en términos de su uso público.

This article distinguishes between the precise legal and economic approach to the commons used by Hardin and many other modern commentators, and the broader post-Hardinian concept utilized in environmentally-oriented discussions and aiming to limit the use of the commons for the sake of preservation. Particularly in the latter case, it is claimed, any notion of the tragedy of the commons is distinctly a modern twentieth-century one, and was foreign to the early modern and even nineteenth-century outlooks. This was true of the early modern mercantilists, and also of classical political economists such as Adam Smith and even, surprisingly, Malthus, as well as of Jevons and his neoclassical discussion aimed at maximizing the long-term use of Britain’s coal reserves. One intellectual who did recognize the problematic possibility of leaving some tracts of land in their pristine condition to answer humanity’s need for a spiritual connection with nature was J. S. Mill, but even he regarded this as in essence almost a utopian ideal. The notion of the tragedy of the commons in its broader sense is therefore a distinctly modern one.

To say that Nigeria is yet to be met with great and good news of feats and development since after independence is not an exaggeration. The true face is that the little the colonial masters did before they handed over is what we have enjoyed. Now most of them have dilapidated. There is no sign of a better future. One wonders what happened to Nigerian Telecommunications. There was a time we have phone boots on the streets. With a coin one can conveniently make calls. Fax machines were available in offices for private and public use. One can even send a telegram. To say that GSM and internet replaced them is an escapist manoeuvre. Think of Lagos Main Land Bridges, Niger Bridge, trains etc. People attribute the cause to corruption. The leaders are singled out as corrupt. But who are the leaders? People tend to limit their searchlight to the president, Senators and governors. Evidently, they are not the managers of parastatals. They are not the law enforcement agencies etc. Yet, the truth is still obvious that a good leader can always push his subjects to a set vision and mission. What Nigeria needs is a servant leader. This paper is structured to examine in the main, the concept of the Servant of God, a servant leader as envisioned by Prophet Isaiah in what is popularly known as the Servant Songs. It is the belief of the researcher that a leader of such calibre is what Nigeria needs even in her recession to move forward.

This article examines the public safety issues raised by the Federal Communications Commission's January 2018 repeal of net neutrality rules adopted in 2015 that prohibited Internet Service Providers from blocking, throttling, paid priority, and unreasonable interference with or disadvantage to Internet traffic. This article contends that the FCC's failure to consider and articulate the public safety issues raised by net neutrality repeal renders the FCC's Order arbitrary and capricious under the Administrative Procedures Act (APA) and in violation of the FCC’s duties under the Communications Act. This article theorizes that public safety is improved when everyone has access to an open and neutral Internet to send and receive information. Telecommunications theorists recognize that communications networks, whether the telephone system or the Internet, are more valuable when everyone can communicate to everyone. This article theorizes that the Internet supports distributed public safety; community-enabled public safety that harnesses the Internet's network effects to improve public safety through information exchange. For example, public sharing of videos of a fire when it first breaks out helps first responders and can guide neighbors to evacuation routes. Public use of an open and neutral Internet facilitates and complements the work of government agencies and firms with statutory and regulatory public safety duties. This article explores theories of democracy that underlie distributed public safety enabled through an open and neutral Internet. This article concludes that the D.C. Circuit Court of Appeals should find that the FCC’s violations of the Communications Act and APA merit remand and vacatur of the FCC's 2018 net neutrality repeal order.

Across the U.S., states have adopted Complete Streets legislative statutes—state laws that direct transportation agencies to routinely design and operate roadways to provide safe access for all users, including pedestrians, bicyclists, motorists, and public transit users. To date, there has not been a systematic and comprehensive analysis of the content and provisions of these laws. In this study, Complete Streets state statutes were identified using legal research databases. Using established legal mapping methods, a qualitative analysis was conducted of state laws that were effective through December 2018. A codebook and open-source data set were developed to support the public use of the data. Eighteen states and Washington, DC, have adopted Complete Streets legislative statutes. A total of 21 have been adopted, with 76% (n=16) of laws adopted since 2007. While the laws vary in content, detail, and specificity, several common provisions were identified across statutes. Complete Streets legislative statutes may be essential to ensure that road networks throughout states are safe, connected, and accessible for all users. This study provides key insights into the legislative landscape of Complete Streets state laws and makes available a new data set that can support future evaluations of these laws.

The primary concept underlying the US Constitution is that of a limited government whose powers are both checked and balanced. A case in point is the Fifth Amendment, which limits the exercise of eminent domain in two ways: a taking must be for “public use,” and “just compensation” must be paid to the owner. However, the long line of Supreme Court cases culminating in Kelo v. City of New London has successfully obliterated both of those limitations. Citizens whose private property is taken by the government are not justly compensated, nor are those takings limited by “public use.”

In 2019, several state legislatures adopted aggressive clean energy laws and other states are poised to do the same. These policies require electric utilities to secure all of the electricity they sell to customers from carbon-free energy resources by a specified date and many also require the state to drastically reduce carbon emissions from the transportation sector, increase energy efficiency in buildings, and otherwise decarbonize their economies. In order to meet these mandates, states must transform the physical infrastructure used to create and transport energy. This will require building new power plants that run on carbon-free energy resources like wind, solar, hydropower, or nuclear energy; constructing the electric transmission lines and other infrastructure needed to deliver these energy resources to consumers; setting standards and mandates for new buildings, vehicles, and transportation infrastructure that will reduce carbon emissions; and providing direct funding, tax incentives, new permitting processes, and staff to support the public and private actors that will implement these changes. These needs are becoming well documented. What remains completely unexplored, however, is the potential for state property law reform — most notably eminent domain law — to limit the development of fossil fuels and promote the growth of alternative energy to support these new clean energy policies. This Article contends that states should consider eliminating existing eminent domain rights for fossil fuel projects and extending eminent domain rights for clean energy projects as part of their state climate policies. Moreover, each state’s approach to eminent domain reform may differ based on the current energy mix in the state as well as the potential for technological development. These policy conversations regarding the use of eminent domain for energy projects are critical to developing robust state clean energy laws. They also can provide a useful template for Congress if, in the future, it decides to enact federal climate policy.

The history of archives is very old. Thousands of clay tablets dating into to the third and second millennium B.C were found in cities such as Elba, Syria (2350 B.C.). These archives have been fundamental for understanding ancient alphabets, languages, culture, political and social structure prevailing in those time. Archives were established by the Church from the fifth century and are kept till nowadays. People started to register and record their activity and events, in the rocks, animal bones and skin. Archives play an important role in the nation memory. Archives and records are important for organizations, individuals and the community. They give and provide us an evidence and information about past events and actions. Record keeping has a long history in different civilization, and archives transfer to us the evaluation of the human mind and the understanding of different events during the history, like the collapse of civilization, boundaries dispute, wars that decimated the humans... Archives collect original unpublished material or primary sources; these records are unique and irreparable. If an archival record is damaged, stolen or exposed to various dangers such as wars and terrorist attacks, the information it contains is lost forever. Archives can be an incredibly rich holder of information that should be kept according to legislation and regulations in favour of the archive staff or its clients and should enable the scientific, legal and public use of preserved archival records. This paper will describe in brief these uses and reflect to National Records and Archives Authority in Oman as example.

This article investigates how an existing two-tiered land tenure system creates a hybrid space that blurs, and essentially questions and problematizes the boundaries of the formal/informal divide as presented within Angolan political and legal discourses. It showcases how urban formality and informality exist alongside each other in Luanda and how people take recourse to both formal and informal channels in attempts to secure housing, land tenure and livelihoods in the city. Through case studies, the article describes how small-scale farmers in Luanda's northern municipality of Cacuaco lost their lands to urban development in 2009–10 and the ensuing circumstances in which formal rights and informal land tenure became intermeshed and ambiguous. As the case studies illustrate, a gap exists between the legal code and practice on the ground. This gap is represented in how Angola's postconflict land strategy, with its forced evictions and demolitions of houses and neighbourhoods, often with little or no compensation, is at odds with the Angolan Land Law, which states that land may only be expropriated by the state or local authorities for specific public use and must be justly compensated.

This paper analyzes how undocumented migrant farmworkers on New York dairies respond to workplace grievances. In the absence of meaningful recourse to formal labor protections, undocumented Mexican and Guatemalan farmworkers express their dissatisfaction on a moral terrain. Building on Hirschman’s “Exit, Voice, and Loyalty” framework, I argue that their responses reveal a gradation of agency, from entrapment on farms with unsupportive employers, constrained loyalty to paternalistic farmers, exit from farms and the dairy sector, to the private and public use of voice. Immigration enforcement pressures, farmer paternalism, and transnational economic obligations to their families at home limit the use of exit and voice. Nevertheless, some farmworkers are re-scaling their use of voice beyond the farm, calling on the public and policy-makers to implement systemic changes that improve their precarious conditions of work and life.

The power of government to take private property for public use has been a frequent source of political disquiet because of the tension it creates with notions of individual rights ingrained in liberal society. The backlash against takings after Kelo offers a case in point. Existing research has focused on the public’s distaste for the taking of homes and has thus missed an important cause of the backlash: the purpose for which property is taken. I utilize a combination of experimental and observational methods to advance our understanding of this important issue, finding that purpose is crucial in shaping attitudes toward takings.

Over the century that has transpired since the first public broadcasts aired in the US, radio programming has become a staunchly commercial enterprise. The earliest radio broadcasts, by contrast, were seen as public goods to be protected in the interest of neutrality of the information being conveyed. In the late 1920s and early 1930s a range of colorful individuals contracted with stations in order to broadcast news and information that involved the sale of personal and medical consultations to individual listeners. Astrology, in particular, became a significant factor in Federal Radio Commission (FRC) and Federal Communications Commission (FCC) license renewal hearings due to two main perceptions: (1) because such broadcasts constituted point-to-point transmission of information, and (2) because such programs were usually related to the marketing of some product or involved the solicitation of funds, therefore, they were deemed to be contrary the interests of the public at large. While the mandate of the FRC and FCC did not involve oversight of content or outright censorship, these hearings nonetheless effectually resulted in the development of guidelines that banned certain types of broadcasts and sometimes shuttered local stations entirely. For a brief time during these decades, educational and cultural institutions benefitted from the utopian ethos of these federal regulatory efforts. During this time science journalism emerged and scientists themselves experimented with the new medium as a means of public edification. Discussion of the early history of radio broadcasting in the US is relevant to the core concerns of information science and technology research given that its development gave shape to the social practices and legal principles surrounding public use of and access to the ICTs (information and communications technologies) that emerged in its wake---from television programming to the provision of Internet service.

The purpose of this study is to explain the influence of the positivism paradigm in making land acquisition law and its application which is oriented towards formalism in Indonesia. This type of research is normative and prescriptive legal research, a paradigm that should be used to develop land acquisition law that can realize respect for land rights. To answer the research problem a concept approach is used with the analysis of the syllogism of deduction and interpretation. The paradigm of science as its major premise, while the regulation and application of land acquisition for public use as a minor premise. The results of this study are the positivism paradigm imbued with capitalism causing compensatory injustice and formal injustice in land acquisition for public use. Globalization, through international treaties, causes the importation of the laws of donor countries, which have a capitalist ideology to the Indonesian legal system, which has a family ideology. This harmonization problem if not resolved properly can cause injustice. To realize convergence, it is necessary to consider the use of realistic socio legal theory in land acquisition legal research. Keywords: Positivism, Realistic Legal Socio, Land Acquisition, Justice.

This chapter discusses the nexus between the endeavor of truth commissions to establish the truth about past criminal political violence on a mass scale and their function as an instrument of a state-sponsored “politics of history.” Analyzing the commissions’ truth production, it contradicts the prevailing belief in an epistemological divide between scholarship and politics in common understandings of the notion of “politics of history” and argues that the truthfulness of historical knowledge is a crucial resource in the public use of history for political ends. The author also asserts that scholarly discussions should not neglect the question of the commissions’ capacity for truth in the name of an ultimately undemanding relativism, inasmuch as this carries the risk of losing sight of the fundamental rationale prompting the creation of these official bodies.

Electronic cigarettes (e-cigarettes) are the most frequently used tobacco product among U.S. youths, and past 30-day e-cigarette use is more prevalent among high school students than among adults (1,2). E-cigarettes typically deliver nicotine, and the U.S. Surgeon General has concluded that nicotine exposure during adolescence can cause addiction and can harm the developing adolescent brain (2). Through authority granted by the Family Smoking Prevention and Tobacco Control Act, the Food and Drug Administration (FDA) prohibits e-cigarette sales to minors, free samples, and vending machine sales, except in adult-only facilities (3). States, localities, territories, and tribes maintain broad authority to adopt additional or more stringent requirements regarding tobacco product use, sales, marketing, and other topics (2,4). To understand the current e-cigarette policy landscape in the United States, CDC assessed state and territorial laws that 1) prohibit e-cigarette use and conventional tobacco smoking indoors in restaurants, bars, and worksites; 2) require a retail license to sell e-cigarettes; 3) prohibit e-cigarette self-service displays (e.g., requirement that products be kept behind the counter or in a locked box); 4) establish 21 years as the minimum age of purchase for all tobacco products, including e-cigarettes (tobacco-21); and 5) apply an excise tax to e-cigarettes. As of September 30, 2017, eight states, the District of Columbia (DC), and Puerto Rico prohibited indoor e-cigarette use and smoking in indoor areas of restaurants, bars, and worksites; 16 states, DC, and the U.S. Virgin Islands required a retail license to sell e-cigarettes; 26 states prohibited e-cigarette self-service displays; five states, DC, and Guam had tobacco-21 laws; and eight states, DC, Puerto Rico, and the U.S. Virgin Islands taxed e-cigarettes. Sixteen states had none of the assessed laws. A comprehensive approach that combines state-level strategies to reduce youths' initiation of e-cigarettes and population exposure to e-cigarette aerosol, coupled with federal regulation, could help reduce health risks posed by e-cigarettes among youths (2,5).

The article discusses the position of the Orthodox clergy in the territory of Belgorod in 1917-1920, when in the new socio-political and economic situation, the Soviet authorities monitor the activities of the clergy, has limited his rights when liquidated prerevolutionary privilege for the clergy, and church lands transferred to public use than undermined the economic foundation of the church and the deteriorating financial situation of the priests. Also the article highlights recessionary trends in the life of priesthood arose when the Soviet power implemented decrees «On Freedom of Worship, church and religious societies» (1918), "On the separation of church and state and school from church" (1918 ), «Enactment of establishment of communities» (1919) as well as in the period of expropriation of church valuables in 1922. The analysis of this issue showed that the Soviet government restricted rights of priesthood, its civil rights and weakened the economic base of the Russian orthodox church and its priesthood financial status. But despite of everything, the orthodox priesthood sought a compromise in creating a new model of relationships between and government and the church after 1917.

There is a growing quantity of data being generated in all aspects of our lives. Individuals and organizations produce and collect a broad range of different types of data in order to perform their tasks. Governments are particularly significant in this respect, not only because of the quantity and centrality of the data they collect, but also because most government data are public data by law and, therefore, could be made openly available for public use. Despite a growing consensus that Open Government in general and Open Data in particular are good both for governments and for society at large, there is no clear way to enable empirical analysis and quantitative measurements of Open Government Data initiatives. Our research uses a holistic approach proposed by the Organization for Economic Cooperation and Development (OECD) that includes all stages in the deployment of an Open Government Data initiative, namely strategy, implementation, organization, communication, interaction, and Impact. The analysis shows that Spanish municipalities can be divided into three groups: municipalities that are performing reasonably well (A), municipalities that are doing something but not as much as the first group (B), and municipalities that are doing very little or almost nothing (C). The research also draws two basic similarities between groups A and B and two types of differences between them. Another conclusion is that the different dimensions explain partly (more than the 72% of the variance) the difference between actual and expected performances supporting indirectly the OECD’s framing and the probable existence of a pathway toward successful Open Government Data projects.

Enlightenment is man's release from his self-incurred tutelage. Tutelage is man's inability to make use of his understanding without direction from another. The public use of one's reason must always be free, and it alone can bring about enlightenment among men. The private use of reason may often be very narrowly restricted without particularly hindering the progress of enlightenment. The touchstone of everything that can be concluded as a law for a people lies in the question whether the people could have imposed such a law on itself. Now such religious compact might be possible for a short and definitely limited time, as it were, in expectation of a better. One might let every citizen, and especially the clergyman, in the role of scholar, make his comments freely and publicly, that is through writing, on the erroneous aspects of the present institution.

Did you know that the “Takings Clause” was not called the “Takings Clause” by any court before 1955? That was the first time that any court of any jurisdiction referred to the provisions regarding takings of private property in either the federal or state constitutions under the label “Taking Clause.” Did you know that justices of the U.S. Supreme Court did not use that moniker “Taking Clause” in any opinion before 1978? Given this history, the phrase “takings clause,” whether an apt descriptor or not, certainly cannot be justified as the dominant way to refer to these provisions by contemporaneous usage at the Founding nor by the weight of time. This Article gathers and analyzes originally compiled data sets on the usage of labels for this provision across time in court opinions, scholarship, and elsewhere. Acknowledging the fact that the label “takings clause” is of relatively modern invention, this Article questions its reign and evaluates the impact of such a “frame” for the rights protected. When framing what is supposed to be a constitutional protection by reference in its label to the power controlled, rather than the right granted, the rights’ component of the provision is diminished. For example, we do not label the rights to freedom of speech or press in the First Amendment as the “Censorship Clauses.” We call them — quite appropriately with deference to the rights and with a presumption against their infringement — the “Free Speech” and “Free Press” clauses. This Article posits that the provisions regarding eminent domain are really about respecting means by which individuals can protect their right to keep property, against a backdrop where individual owners normally retain a right to refuse to sell property. As such, it wonders whether “The Keepings Clause” might be a better alternative label. In the process, the Article applies interdisciplinary insights regarding the power of “framing,” informing our understanding of law in new ways from the fields of psychology, linguistics (including semiotics and cognitive linguistics), and the study of consumer products labeling in marketing and advertising. (That last category is particularly unique; strikingly little scholarship exists applying the expertise of marketing scholars to understand law and legal institutions.) How we frame something affects our impressions of it, our expectations toward it, and our concept of its boundaries and scope. When we frame something in terms of power — like the Takings Clause — we provide greater legitimacy for that power and its exercise and we are likely to tolerate more of it across a wider scope. Conversely, when we frame something in terms of the rights protection — like with the “Keepings Clause” — the presumption begins with an expectation of keeping and erects a higher bar for a deviation from that position. Anyone who cares about constitutional rights will find transferable lessons in the work. Seeing how framing operates with the property protections regarding eminent domain in the Fifth Amendment provides lessons on how framing choices for other constitutional rights might affect how those rights are perceived and what level of protection for them is demanded.

The taking of private property for development projects has caused controversy in many nations, where it has often been used to benefit powerful interests at the expense of the general public. This edited collection is the first to use a common framework to analyze the law and economics of eminent domain around the world. The authors show that seemingly disparate nations face a common set of problems in seeking to regulate the condemnation of private property by the state. They include the tendency to forcibly displace the poor and politically weak for the benefit of those with greater influence, disputes over compensation, and resort to condemnation in cases where it destroys more economic value than it creates. With contributions from leading scholars in the fields of property law and economics, the book offers a comparative perspective and considers a wide range of possible solutions to these problems. The Introduction summarizes the rest of the book, and describes the common analytical framework used by the contributors.