Civil Procedure Quotes

While in Bombay, I began, on one hand, my study of Indian law and, on the other, my experiments in dietetics in which Virchand Gandhi, a friend, joined me. My brother, for his part was trying his best to get me briefs. The study of India law was a tedious business. The Civil Procedure Code I could in no way get on with. Not so however, with the Evidence Act. Virchand Gandhi was reading for the Solicitor's Examination and would tell me all sorts of stories about Barristers and Vakils.

To have a society, you first need an institutional framework: that’s constitutional law. You need a system of punishment: that’s criminal. You need to know that you have a system in place that will make those other systems work: that’s civil procedure. You need a way to govern matters of domain and ownership: that’s property. You need to know that someone will be financially accountable for injuries caused you by others: that’s torts. And finally, you need to know that people will keep their agreements, that they will honor their promises: and that is contracts.

What you may not know is that this course load reflects—beautifully, simply—the very structure of our society, the very mechanics of what a society, our particular society, needs to make it work. To have a society, you first need an institutional framework: that’s constitutional law. You need a system of punishment: that’s criminal. You need to know that you have a system in place that will make those other systems work: that’s civil procedure. You need a way to govern matters of domain and ownership: that’s property. You need to know that someone will be financially accountable for injuries caused you by others: that’s torts. And finally, you need to know that people will keep their agreements, that they will honor their promises: and that is contracts.

The term informed consent first appeared in court documents in 1957, in a civil court ruling on the case of a patient named Martin Salgo. He went under anesthesia for what he thought was a routine procedure and woke up permanently paralyzed from the waist down. The doctor hadn’t told him the procedure carried any risks at all. The

In the Lake Debo region (in Mali, on the Niger), pyramids are also found, and these were dubbed “mounds,” as might be expected. This is the usual procedure in the attempt to disparage African values. In contrast, there is the reverse procedure consisting of describing a clay tumulus—a real mound—in Mesopotamia, as the most perfect temple that the human mind can imagine. It goes without saying that such reconstructions are generally mere wishful thinking.

Everybody is satisfied, that a conservation and secure enjoyment of our natural rights is the great and ultimate purpose of civil society; and that therefore all forms whatsoever of government are only good as they are subservient to that purpose to which they are entirely subordinate. Now, to aim at the establishment of any form of government by sacrificing what is the substance of it; to take away, or at least to suspend, the rights of nature, in order to an approved system for the protection of them . . . is a procedure as preposterous and absurd in argument as it is oppressive and cruel in its effect.

Only snobs kiss once, I was told, or those unfortunates who suffer from congenital froideur. I then saw what I assumed to be the correct procedure - the triple kiss, left-right-left, so I tried it on a Parisian friend. Wrong again. She told me that triple-kissing was a low Provençal habit, and that two kisses were enough among civilized people. The next time I saw my neighbor’s wife, I kissed her twice. “Non,” she said, “trois fois.” I now pay close attention to the movement of the female head. If it stops swiveling after two kisses, I am almost sure I've filled my quota, but I stay poised for a third lunge just in case the head should keep moving.

To have a society, you first need an institutional framework: that’s constitutional law. You need a system of punishment: that’s criminal. You need to know that you have a system in place that will make those other systems work: that’s civil procedure. You need a way to govern matters of domain and ownership: that’s property. You need to know that someone will be financially accountable for injuries caused you by others: that’s torts. And finally, you need to know that people will keep their agreements, that they will honor their promises: and that is contracts.” He

But hell can endure for only a limited period, and life will begin again one day. History may perhaps have an end; but our task is not to terminate it but to create it, in the image of what we henceforth know to be true. Art, at least, teaches us that man cannot be explained by history alone and that he also finds a reason for his existence in the order of nature. For him, the great god Pan is not dead. His most instinctive act of rebellion, while it affirms the value and the dignity common to all men, obstinately claims, so as to satisfy its hunger for unity, an integral part of the reality whose name is beauty. One can reject all history and yet accept the world of the sea and the stars. The rebels who wish to ignore nature and beauty are condemned to banish from history everything with which they want to construct the dignity of existence and of labor. Every great reformer tries to create in history what Shakespeare, Cervantes, Moliere, and Tolstoy knew how to create: a world always ready to satisfy the hunger for freedom and dignity which every man carries in his heart. Beauty, no doubt, does not make revolutions. But a day will come when revolutions will have need of beauty. The procedure of beauty, which is to contest reality while endowing it with unity, is also the procedure of rebellion. Is it possible eternally to reject injustice without ceasing to acclaim the nature of man and the beauty of the world? Our answer is yes. This ethic, at once unsubmissive and loyal, is in any event the only one that lights the way to a truly realistic revolution. In upholding beauty, we prepare the way for the day of regeneration when civilization will give first place—far ahead of the formal principles and degraded values of history—to this living virtue on which is founded the common dignity of man and the world he lives in, and which we must now define in the face of a world that insults it.

What you may not know is that this course load reflects—beautifully, simply—the very structure of our society, the very mechanics of what a society, our particular society, needs to make it work. To have a society, you first need an institutional framework: that’s constitutional law. You need a system of punishment: that’s criminal. You need to know that you have a system in place that will make those other systems work: that’s civil procedure. You need a way to govern matters of domain and ownership: that’s property. You need to know that someone will be financially accountable for injuries caused you by others: that’s torts. And finally, you need to know that people will keep their agreements, that they will honor their promises: and that is contracts.” He

Unlike IR #2, the digital revolution IR #3 had a less powerful overall effect on productivity growth, and the main effect of its inventions occurred in the relatively short interval of 1996 to 2004, when the invention of the Internet, web browsers, search engines, and e-commerce created a fundamental change in business practices and procedures that was reflected in a temporary revival of productivity growth.

The extreme form of power is All against One, the extreme form of violence is One against All. And this latter is never possible without instruments. To claim, as is often done, that a tiny unarmed minority has successfully, by means of violence—shouting, kicking up a row, et cetera—disrupted large lecture classes whose overwhelming majority had voted for normal instruction procedures is therefore very misleading.

A boxer derives the greatest advantage from his sparring partner – and my accuser is my sparring partner. He trains me in patience, civility and even temper. [10] I mean, a doctor who puts me in a headlock and sets a dislocated pelvis or shoulder – he benefits me, however painful the procedure. So too does a trainer when he commands me to ‘lift the weight with both your hands’ – and the heavier it is, the greater the benefit to me.

The works of the Impressionists, as much as those of any medieval craftsman or renaissance Humanist, are related to a world view, a context of interdependent beliefs and ideas about what is good and bad, true and false, the nature of existence and the means for investigating it. There are no ‘value vacuums’ in human history, no ‘intermediary periods’, only periods which are more or less unified, more or less amenable to the procedures, and temperaments, of historians.

Civilized existence is one which respects the law, both wise and good laws as well as bad laws, whose constitutional basis is the will of the people. When one does not like a particular law, the remedy resides in modifying it or revoking it by the procedures established for that very purpose. That methodology is the sole means of guaranteeing that popular will cannot be seized and held captive by zealots, with their own extreme interpretations. -- Torcuato Fernández-Miranda

You're One Ls," Harold had said. "And congratulations, all of you. As One Ls, you'll be taking a pretty typical course load: contracts; torts; property; civil procedure; and next year, constitutional and criminal law. But you know all this. "What you may not know is that this course load reflects- beautifully, simply- the very structure of our society, the very mechanics of what a society, our particular society, needs to make it work. To have a society, you first need an institutional framework: that's constitutional law. You need a system of punishment: that's criminal. You need to know that you have a system in place that will make those other systems work: that's civil procedure. You need a way to govern matters of domain and ownership: that's property. You need to know that someone will be financially accountable for injuries caused you by others: that's torts. And finally, you need to know that people will keep their agreements, that they will honor their promises: and that is contracts." p116

in a thousand ways people combine not just in circles of friendship but in formal associations, willingly adopting and submitting to rules and procedures that regiment their conduct and make them accountable for doing things correctly. Such associations are a source not only of enjoyment but also of pride: they create hierarchies, offices and rules to which people willingly submit because they can see the point of them. They are also viewed with suspicion by those who believe that civil society should be directed by those who know best.

My conclusions, on this point, are as follows: when the Law Commission says committal of judgment debtors is an anomaly that cannot be justified and should be abolished; when it is common cause that there is a general international move away from imprisonment for civil debt, of which the present committal proceedings are an adapted relic; when such imprisonment has been abolished in South Africa, save for its contested form as contempt of court in the magistrate's court; when the clauses concerned have already been interpreted by the Courts as restrictively as possible, without their constitutionally offensive core being eviscerated; when other tried and tested methods exist for recovery of debt from those in a position to pay; when the violation of the fundamental right to personal freedom is manifest, and the procedures used must inevitably possess a summary character if they are to be economically worthwhile to the creditor, then the very institution of civil imprisonment, however it may be described and however well directed its procedures might be, in itself must be regarded as highly questionable and not a compelling claimant for survival.

Harman was right: those pictures were worse. But, leaving aside the fact that photographs of death and nudity, however newsworthy, don't get much play in the press, the power of an image does not necessarily reside in what it depicts. A photograph of a mangled cadaver, or of a naked man trussed in torment, can shock and outrage, provoke protest and investigation, but it leaves little to the imagination. It may be rich in practical information while being devoid of any broader meaning. To the extent that it represents any circumstances or conditions beyond itself, it does so generically. Such photographs are repellent in large part because they have a terrible reductive sameness. Except from a forensic point of view, they are unambiguous, and have the quality of pornography. They are what they show, nothing more. They communicate no vision and, shorn of context, they offer little, if anything, to think about, no occasion for wonder. They have no value as symbols. Of course, the dominant symbol of Western civilization is the figure of a nearly naked man being tortured to death⁠—or more simply, the torture implement itself, the cross. But our pictures of Christ's savage death are the product of religious imagination and idealization. In reality, with his battered flesh scabbed and bleeding and bloated and discolored beneath the pitiless Judean desert sun, he must have been ghastly to behold. Had there been cameras at Calvary, would twenty centuries of believers have been moved to hang photographs of the scene on their altarpieces and in their homes, or to wear an icon of a man being executed around their necks as as an emblem of peace and hope and human fellowship? Photography is too frank to allow for the notion of suffering as noble and ennobling...

Code of Civil Procedure §1161(2) prevents the landlord from claiming rent due more than a year before the service of the 3-day notice. See Fifth & Broadway Partnership v Kimny, Inc. (1980) 102 CA3d 195, 202. An argument could also be made on the ground of laches that it is inequitable for a landlord to wait a full year before demanding overdue rent. That argument was successfully made in Maxwell v Simons (Civ Ct 1973) 353 NYS2d 589, which held that it was unconscionable for a landlord to permit the tenant to fall more than 3 months behind in rent before bringing an unlawful detainer action based on the total arrearage. New York law required the tenant to pay the arrearage within 5 days or return possession. The court held that the landlord could base his eviction action only on the last 3 months' nonpayment of rent and would have to recover the balance in an ordinary action for rent. See also Marriott v Shaw (Civ Ct 1991) 574 NYS2d 477 and Dedvukaj v Mandonado (Civ Ct 1982) 453 NYS2d 965. In California, this reasoning, along with the cases cited above on "equitable" defenses, might be used to attack a 3-day notice to pay or quit demanding more than three months' back rent.

Thanks to superior organization, the Egyptian armed forces scored a dual victory, on land and sea, over that second alliance. The fleet of the “Peoples of the North” was entirely destroyed and the invasion route through the Delta was cut. At the same time a third coalition of the same white-skinned Indo-Aryans was being assembled, again in Libya, against the Black Egyptian nation. Yet, this was not a racial conflict in the modern sense. To be sure, the two hostile groups were fully conscious of their ethnic and racial differences, but it was much more a question of the great movement of disinherited peoples of the north toward richer and more advanced countries. Ramses III demolished that third coalition as he had destroyed the first two.... As a result of this third victory over the Indo-Aryans, he took an exceptional number of prisoners. This enabled him to increase appreciably the slave labor force on royal construction sites and in the army. Such was invariably the procedure for acclimating white-skinned persons in Egypt, a process that became especially widespread during the low period. By bearing this in mind, we may avoid attributing a purely imaginary role to people who contributed absolutely nothing to Egyptian civilization.

the difficulty of the language has a more rhetorical character, the criticism of human nature is less nuanced than in 3.82, the sentence about envy is anticlimactically simplistic. Connor 1984, p. 102, n. 60, in arguing that 3.84 is a remnant of an early draft asks the hard questions: who else would have or could have written such a passage, how did it become part of our text? I can only respond here that Thucydides’ mind is ultimately at least more accessible to us than the procedures of unknown editors. Does any other passage in Thucydides, representing whatever stage of composition, add so little sense with so much strain? And could the Thucydides who in 3.82–83 saw the development of civil-war mentality as a macabre perversion of progress have evolved from a Thucydides who in 3.84 viewed mankind

The conservatism I shall be defending tells us that we have collectively inherited good things that we must strive to keep. In the situation in which we, the inheritors both of Western civilization and of the English-speaking part of it, find ourselves, we are well aware of what those good things are. The opportunity to live our lives as we will; the security of impartial law, through which our grievances are answered and our hurts restored; the protection of our environment as a shared asset, which cannot be seized or destroyed at the whim of powerful interests; the open and enquiring culture that has shaped our schools and universities; the democratic procedures that enable us to elect our representatives and to pass our own laws – these and many other things are familiar to us and taken for granted. All are under threat. And conservatism is the rational response to that threat.

Hoover wanted the new investigation to be a showcase for his bureau, which he had continued to restructure. To counter the sordid image created by Burns and the old school of venal detectives, Hoover adopted the approach of Progressive thinkers who advocated for ruthlessly efficient systems of management. These systems were modeled on the theories of Frederick Winslow Taylor, an industrial engineer, who argued that companies should be run “scientifically,” with each worker’s task minutely analyzed and quantified. Applying these methods to government, Progressives sought to end the tradition of crooked party bosses packing government agencies, including law enforcement, with patrons and hacks. Instead, a new class of technocratic civil servants would manage burgeoning bureaucracies, in the manner of Herbert Hoover—“ the Great Engineer”—who had become a hero for administering humanitarian relief efforts so expeditiously during World War I. As the historian Richard Gid Powers has noted, J. Edgar Hoover found in Progressivism an approach that reflected his own obsession with organization and social control. What’s more, here was a way for Hoover, a deskbound functionary, to cast himself as a dashing figure—a crusader for the modern scientific age. The fact that he didn’t fire a gun only burnished his image. Reporters noted that the “days of ‘old sleuth’ are over” and that Hoover had “scrapped the old ‘gum shoe, dark lantern and false moustache’ traditions of the Bureau of Investigation and substituted business methods of procedure.” One article said, “He plays golf. Whoever could picture Old Sleuth doing that?

The rules of war for federal court were contained in the 86 rules of federal civil procedure, the rules of the local federal court, and the courtroom rules of the particular federal judge.

The Chemical Abstracts Service of the American Chemical Society maintains a registry that includes (at the moment) descriptions of 67,883,986 “commercially available chemicals” (many are themselves used in synthesis), and 56,703,135 descriptions of synthetic procedures.

Nixon’s dehumanization and demonization of drug offenders had been a (literally) smashing success. Tactics like these had rarely been used in the United States, even against hardened criminals. Now they were being used against people suspected of nonviolent crimes, and with such wanton disregard for civil rights and procedure that the occasional wrong door or terrorized family could be dismissed as “an insignificant detail” or as cops “just trying to do their job.

Deists, not religious authoritarians, codified the clear separation of church from state in addition to the division of powers within the state. Deists, not the Continental philosophers, established our democratic republic upon uniquely radical interpretations of constitutional and procedural stability, representation, accountability, and transparency. Deists, not autocrats, formed a more perfect Union that preserved equally for each individual the universal civil liberties inscribed in the Bill of Rights. It was Deists who stood up for Everyman by instituting true equality and freedom for all.

Government servants. These provisions are applicable only to the employees of the various Ministries, Departments and Attached and Subordinate Offices.Further, the employees, being citizens of the country also enjoy Fundamental Rights guaranteed under Part III of the Constitution and can enforce them though the Writ jurisdiction of the Courts. In addition to the constitutional provisions, there are certain rules which are applicable to the conduct of the proceedings for taking action against the erring employees. Central Civil Services (Classification, Control, and Appeal) Rules 1965 cover a vast majority of the Central Government employees.Besides, there are also several other Rules which are applicable to various sections of the employees in a number of services.(b) Semi Governmental Organisations: By this, we mean the Public Sector Undertakings and Autonomous Bodies and Societies controlled by the Government. Provisions of Part XIV of the Constitution do not apply to the employees of these Organisations.However, as these organisations can be brought within the definition of the term ‘State’ as contained in Article 12 of the Constitution, the employees of these organisations are protected against the violation of their Fundamental Rights by the orders of their employer. The action of the employer can be challenged by the employees of these organisations on the grounds of arbitrariness, etc. These organisations also have their own sets of rules for processing the cases for conducting the disciplinary proceedings against their employees.(c) Purely private organisations: These are governed by the various industrial and labour laws of the country and the approved standing orders applicable for the establishment.4. Although the CCS (CCA) Rules 1965 apply only to a limited number of employees in the Government, essentially these are the codification of the Principles of Natural Justice, which are required to be followed in any quasi judicial proceedings. Even the Constitutional protections which are contained in Part XIV of the Constitution are the codification of the above Principles.Hence, the procedures which are followed in most of the Government and semi-governmental organisations are more or less similar. This handout is predominantly based on the CCS (CCA) Rules 1965.5. Complexity of the statutory provisions, significance of the stakes involved, high proportion and frequency of the affected employees seeking judicial intervention, high percentage of the cases being subjected to judicial scrutiny, huge volume of case law on the subject - are some of the features of this subject.These, among others have sparked the need for a ready reference material on the subject. Hence this handbook2

That Preacher was even here today, given a pulpit from which to spin his web in a civil procedure, was a mockery of the system, or perhaps it revealed the system for what it was: inept and inadequate. Justice was blind all right—blind to its own failings.

Second, though this secularist educational approach looks patient and civil, it has a darker underbelly. It proposes to suppress the fundamentalist opponent not by a friendly discussion searching for truth but by the use of state power and state money to smother a generation of vulnerable children with propaganda. Propaganda in the schools will preach tolerance and, by implication, the errors of fundamentalism. Power and money will take away from fundamentalists the opportunity for equal means to educate their own children or to spread their particular views. This procedure appears to mean, “We will tolerate you temporarily, but we will make sure by political power that we seize the minds of your children and educate them against your views.” Tolerance has apparently become intolerance. People who abhor oppression nevertheless oppress. People who abhor dogmatism turn dog­ matic. People who may say that all their knowledge is tentative, and who may even say that there is no absolute truth, have remarkable confidence in their ability to use political power. They craft a compulsory educational system that they allege will solve our moral problems. (See, at the end of this chap­ter, the excursus on public education.) Implicitly, they have supposed that they can diagnose the deepest ills behind human moral failures. They are really proposing an alternative means of salvation, a means of rescue from the evils of the human heart. That amounts to an alternative religion.

The code sought to uphold accessible law, not favoring privileges by birth, religion, or superstition, nor based on local customs, exemptions, or feudal Lords. Under the penal code only true crimes, not phony offenses were outlawed. A code of civil procedure, a commercial code, a code of Criminal instructions was published, declaring the rights of citizens presumed innocent until declared guilty. It is one of the few positive documents to have influence on the rule of law to this day.

Being terminated for any of the items listed below may constitute wrongful termination: Discrimination: The employer cannot terminate employment because the employee is a certain race, nationality, religion, sex, age, or (in some jurisdictions) sexual orientation. Retaliation: An employer cannot fire an employee because the employee filed a claim of discrimination or is participating in an investigation for discrimination. In the US, this "retaliation" is forbidden under civil rights law. Reporting a Violation of Law to Government Authorities: also known as a whistleblower law, an employee who falls under whistleblower protections may not lawfully be fired for reporting an employer's legal violation or for similar activity that is protected by the law. Employee's refusal to commit an illegal act: An employer is not permitted to fire an employee because the employee refuses to commit an act that is illegal. Employer is not following the company's own termination procedures: In some cases, an employee handbook or company policy outlines a procedure that must be followed before an employee is terminated. If the employer fires an employee without following this procedure, depending upon the laws of the jurisdiction in which the termination occurs, the employee may have a claim for wrongful termination. … In the United States, termination of employment is not legal if it is based on your membership in a group protected from discrimination by law. It is unlawful for an employer to terminate an employee based upon factors including employee's race, religion, national origin, sex, disability, medical condition, pregnancy, or age (over 40), pursuant to U.S. federal laws such as Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990 and the Age Discrimination in Employment Act of 1967. … Many laws also prohibit termination, even of at-will employees. For example, whistleblower laws may protect an employee who reports a legal or safety violation by the employer to an appropriate oversight agency. Most states prohibit employers from firing employees in retaliation for filing a workers' compensation claim, or making a wage complaint over unpaid wages. [firing someone for political affiliation or activism away from work is not on the list]

In short, Zweigen and Kotz summarise the differences between the Common Law and the Civil Law succinctly: To the lawyers from the Continent of Europe, English law has always been something rich and strange. At every step he comes across legal institutions, procedures, and traditions which have no counterpart in the Continental legal world with which he is familiar. Contrariwise, he scans the English legal scene in vain for much that seemed to him to be an absolute necessity in any functioning system, such as a civil code, a commercial code, a code of civil procedure, and an integrated structure of legal concepts rationally ordered. He finds that legal technique, instead of being directed primarily in interpreting statutory texts or analysing concrete problems so as to `fit them into the system` conceptually, is principally interested in precedents and types of case; it is devoted to the careful and realistic discussion of live problems and readier to deal in concrete and historical terms than think systematically or in the abstract.

It was at this point, most significantly, that he entrusted the Italian police to a professional civil servant, Arturo Bocchini, rather than to a party zealot on the Himmler model. Operating the all-important police force on bureaucratic principles (promotion of trained professionals by seniority, respect for legal procedures at least in nonpolitical cases) rather than as part of a prerogative state of unlimited arbitrary power was Italian Fascism’s most important divergence from Nazi practice.

Even nonradicalized authoritarian regimes glorified the military. For all his desire to stay out of the war, Franco seized the opportunity offered by the defeat of France in 1940 to occupy Tangiers, as we saw earlier. Military parades were a major form of public ritual for Franquist Spain. Defeated France, under the Vichy regime of World War I hero Marshal Pétain, put much energy into military pomp and patriotic display. It never stopped asking the Nazi occupation authorities to allow the tiny Vichy Armistice Army to play a greater role in the defense of French soil from an Allied invasion. Even the quietist Portuguese dictator Salazar could not neglect the African empire that provided major emotional and economic support for his authoritarian state. But there is a difference between authoritarian dictatorships’ glorification of the military and the emotional commitment of fascist regimes to war. Authoritarians used military pomp, but little actual fighting, to help prop up regimes dedicated to preserving the status quo. Fascist regimes could not survive without the active acquisition of new territory for their “race”—Lebensraum, spazio vitale—and they deliberately chose aggressive war to achieve it, clearly intending to wind the spring of their people to still higher tension. Fascist radicalization was not simply war government, moreover. Making war radicalizes all regimes, fascist or not, of course. All states demand more of their citizens in wartime, and citizens become more willing, if they believe the war is a legitimate one, to make exceptional sacrifices for the community, and even to set aside some of their liberties. Increased state authority seems legitimate when the enemy is at the gate. During World War II, citizens of the democracies accepted not only material sacrifices, like rationing and the draft, but also major limitations on freedom, such as censorship. In the United States during the cold war an insistent current of opinion wanted to limit liberties again, in the interest of defeating the communist enemy. War government under fascism is not the same as the democracies’ willing and temporary suspension of liberties, however. In fascist regimes at war, a fanatical minority within the party or movement may find itself freed to express a furor far beyond any rational calculation of interest. In this way, we return to Hannah Arendt’s idea that fascist regimes build on the fragmentation of their societies and the atomization of their populations. Arendt has been sharply criticized for making atomization one of the prerequisites for Nazi success. But her Origins of Totalitarianism, though cast in historical terms, is more a philosophical meditation on fascism’s ultimate radicalization than a history of origins. Even if the fragmentation and atomization of society work poorly as explanations for fascism’s taking root and arriving in power, the fragmentation and atomization of government were characteristic of the last phase of fascism, the radicalization process. In the newly conquered territories, ordinary civil servants, agents of the normative state, were replaced by party radicals, agents of the prerogative state. The orderly procedures of bureaucracy gave way to the wild unstructured improvisations of inexperienced party militants thrust into ill-defined positions of authority over conquered peoples.

When Mussolini sacked Farinacci a little more than a year later, however, in April 1926, and replaced him with the less headstrong Augusto Turati (1926–29), he was again strengthening the normative state at the expense of the party. It was at this point, most significantly, that he entrusted the Italian police to a professional civil servant, Arturo Bocchini, rather than to a party zealot on the Himmler model. Operating the all-important police force on bureaucratic principles (promotion of trained professionals by seniority, respect for legal procedures at least in nonpolitical cases) rather than as part of a prerogative state of unlimited arbitrary power was Italian Fascism’s most important divergence from Nazi practice.

Among those who would block the right of rape victims to choice, none is more determined than David C. Reardon,48 founder of the Elliott Institute. There is no eponymous Elliott; the institute’s website explains that the name was selected to sound official and impartial. Starting in the early 1980s, some pro-life advocates opposed abortion even for rape victims on the basis that it could lead to a condition they named ‘postabortion syndrome’,49 characterised by depression, regret and suicidality – a condition formulated as evidence that the Supreme Court had been wrong, in Roe v. Wade, when it averred that abortion was a safe procedure. The ultimate goal of the Elliott Institute is to generate legislation that would allow a woman to seek civil damages against a physician who has ‘damaged her mental health’ by providing her with an elective abortion. On the topic of impregnated survivors of rape and incest, Reardon states in his book Victims and Victors, ‘Many women report that their abortions felt like a degrading form of “medical rape.”50 Abortion involves a painful intrusion into a woman’s sexual organs by a masked stranger.’ He and other anti-abortion partisans often quote the essay ‘Pregnancy and Sexual Assault’ by Sandra K. Mahkorn, who suggests that the emotional and psychological burdens of pregnancy resulting from rape ‘can be lessened with proper support’.51 Another activist, George E. Maloof, writes, ‘Incestuous pregnancy offers a ray of generosity to the world,52 a new life. To snuff it out by abortion is to compound the sexual child abuse with physical child abuse. We may expect a suicide to follow abortion as the quick and easy way to solving personal problems.

Fuller’s procedural categories provide an inadequate definition of the rule of law. A legal regime might offer generality, publicity, clarity, consistency, constancy over time, and congruency with regulators, and still be a legal system from Hell. It might weaken property rights and impose civil liability on the flimsiest of grounds, all the while conforming to Fuller’s idea of law.

Bernstein was impressed by Sloan's thoughtfulness. Sloan seemed convinced that the President, whom he very much wanted to see re-elected, had known nothing of what happened before June 17; but he was as sure that Nixon had been ill-served by his surrogates before the bugging and had been put in increasing jeopardy by them ever since. Sloan believed that the prosecutors were honest men, determined to learn the truth, but there were obstacles they had been unable to overcome. He couldn't tell whether the FBI had been merely sloppy or under pressure to follow procedures that would impede an effective investigation. He believed the press was doing its job, but, in the absence of candor from the committee, it had reached unfair conclusions about some people. Sloan himself was a prime example. He was not bitter, just disillusioned. All he wanted now was to clean up his legal obligations - testimony in the trial and in the civil suit - and leave Washington forever. He was looking for a job in industry, a management position, but it was difficult. His name had been in the papers often. He would not work for the White House again even if asked to come back. He wished he were in Bernstein's place, wished he could write. Maybe then he could express what had been going through his mind. Not the cold, hard facts of Watergate necessarily - that wasn't really what was important. But what it was like for young men and women to come to Washington because they believed in something and then to be inside and see how things worked and watch their own ideals disintegrate.

A college student who wants to file a complaint of sexual assault within the campus disciplinary system informs a university employee such as an assistant dean for student life, or perhaps the Title IX coordinator. That person eventually forwards the complaint to a university disciplinary panel that may be composed of, for example, an associate dean with a master's degree in English literature, a professor of chemistry, and a senior majoring in anthropology. Unlike criminal prosecutors, members of the disciplinary panels do not have access to subpoena powers or to crime labs. They often have no experience in fact-finding, arbitration, conflict resolution, or any other relevant skill set. There is, to put it mildly, little reason to expect such panels to have the experience, expertise, and resources necessary to adjudicate a contested claim of sexual assault. Making matters worse, most campus tribunals ban attorneys for the parties (even in an advisory capacity), rules of procedure and evidence are typically ad hoc, and no one can consult precedents because records of previous disputes are sealed due to privacy considerations. Campus "courts" therefore have an inherently kangoorish nature. Even trained police officers and prosecutors too often mishandle sexual assault cases, so it's not surprising that the amateurs running the show at universities tend to have a poor record. And indeed, some victims' advocacy groups, such as the Rape, Abuse and Incest National Network (RAINN), oppose having the government further encourage the campus judicial system to primarily handle campus sexual assault claims, because that means not treating rape as a serious crime. A logical solution, if federal intervention is indeed necessary, would be for OCR [US Department of Education's Office of Civil Rights] to mandate that universities encourage students who complain of sexual assault to report the assault immediately to the police, and that universities develop procedures to cooperate with police investigations. Concerns about victims' well-being when prosecutors decline to pursue a case could also be adjudicated in a real court, as a student could seek a civil protective order against her alleged assailant. OCR could have mandated or encouraged universities to cooperate with those civil proceedings, which in some cases might warrant excluding an alleged assailant from campus.

The civil rights revolution provoked new declarations of ethnic identity by the now long-resident "new migration" from southern and eastern Europe--Italians, Greeks, Poles, Czechs, Slovaks, Hungarians. Claiming to speak for white minorities aggrieved by the idea of the melting pot, Michael Novak, an early and influential theorist of multiculturalism, wrote The Rise of the Unmeltable Ethnics. "Growing up in America", Novak said, "has been an assault upon my sense of worthiness", and to improve his self-esteem he affirmed the need for a politics of identity. Against the conception of America as a nation of individuals, Novak hailed what he called "the new ethnic politics", which, he said, "asserts that groups can structure the rules and goals and procedures of American life". The passion for "roots" was reinforced by the "third-generation" effect formulated in Hansen's Law, named after Marcus Lee Hansen, the great pioneer in immigration history: "What the son wishes to forget the grandson wishes to remember". It was reinforced, too, and powerfully, by the waning American optimism about the nation's prospects. For two centuries Americans had been confident that life would be better for their children than it was for them. In their exuberant youth, Americans had disdained the past and, as John Quincy Adams urged, looked forward to their posterity rather than backward to their ancestors. Amid forebodings of national decline, Americans now began to look forward less and backward more. The rising cult of ethnicity was a symptom of decreasing confidence in the American future.

The economics exam at Lucknow University for the bachelor of commerce (BCom) asked students to evaluate schemes launched by Modi, such as Digital India (to develop digitization throughout the country) and Startup India, or to describe job-creation schemes.86 The civil service exam went even further. In Madhya Pradesh, candidates to join the state administration were thus asked in 2016: “The Swachh Bharat campaign led by the honorable Prime Minister has a great impact on the society because 1) People understood the importance of cleanliness, and 2) People across the country like the campaign.”87 The trap was obviously only discernible to Modi supporters: both answers were correct! The nationalist tone of textbook rewriting deliberately extols ancient Indian knowledge systems over contemporary science.88 For instance, the minister of state for human resource development responsible for higher education, Satya Pal Singh, denied the validity of the theory of evolution89 and in one of his speeches claimed that it was an Indian who invented the airplane.90 The deputy chief minister of Uttar Pradesh maintained that the test-tube baby procedure had existed in ancient India because Ram’s wife, Sita, was born in an earthen pot, while the chief minister of Tripura, Biplab Kumar Deb, explained that the technologies of satellites and the internet existed in ancient India.91 In the same vein, the education minister of Rajasthan claimed that the law of gravity had been discovered in India in the seventh century.92 And along the same lines, another BJP minister—health, education, and finance minister in Assam—claimed that cancer patients were paying for their “sins.”93

A civil right is a right that is asserted and is therefore protected by some valid law. It may be asserted by the common law, or by local or federal statutes, or by the Constitution; but unless a right is incorporated in the law, it is not a civil right and is not enforceable by the instruments of the civil law. There may be some rights - "natural," "human," or otherwise - that should also be civil rights. But if we desire to give such rights the protection of the law, our resource is to a legislature or to the amendment procedures of the Constitution. We must not look to politicians, or sociologists - or the courts - to correct the deficiency.

Even if a bit too rosy, this was not an outlandish proposition: in 1910, a more senior figure had also blasphemed when he said, ‘We have much to learn from Native States.’ Yes, many presented ‘a loose despotic system’ but given their strong local roots, these governments did not ‘press hard on the daily lives of the people’. On the other hand, the British machinery, though ‘scientific’, was rigid and not particularly better given the procedural harassment it inflicted.118 Yet another colonial officer observed that where the princes were one up on the Raj was in their ‘claim on the general regard of the people’. The idea of a maharajah, he believed, ‘strikes [the Indian] imagination’ in a way impossible for the file-bearing civil servant.

In this effort, those who like James Henry Thornwell defended the legitimacy of slavery in the Bible had the easiest task. The procedure, which by 1860 had been repeated countless times, was uncomplicated. First, open the Scriptures and read, at say, Leviticus 25:45, or, even better, at 1 Corinthians 7:20-21. Second, decide for yourself what these passages mean. Don't wait for a bishop or a king or a president or a meddling Yankee to tell you what the passage means, but decide for yourself. Third, if anyone tries to convince you that you are not interpreting those passages in the natural, commonsensical, ordinary meaning of the words, look hard at what such a one believes with respect to other biblical doctrines. If you find in what he or she says about such doctrines the least hint of unorthodoxy, as inevitably you will, then you may rest assured that you are being asked to give up not only the plain meaning of scripture, but also the entire trust in the Bible that made the country into such a great Christian civilization.

There may be some rights—“natural,” “human,” or otherwise—that should also be civil rights. But if we desire to give such rights the protection of the law, our recourse is to a legislature or to the amendment procedures of the Constitution. We must not look to politicians, or sociologists—or the courts—to correct the deficiency.

For the first time, the Foundation has been faced, or perhaps, is in the last stages of facing, civil war. Till now, the attacks from without have been adequately beaten off, and inevitably so, according to the strict laws of psycho-history. The attack at present is that of a too-undisciplined outer group of the Foundation against the too-authoritarian central government. The procedure was necessary, the result obvious.

First, it has narrowed the scope of rights that people have when dealing with the police. If there is no constitutional limit to police power, and politically imposed limits are absent, then police can do whatever they want. Overall, the Court has interpreted protections against unreasonable searches and arrests narrowly, compelled self-incrimination, and accepted faulty identification procedures.

Only during the Warren Court era, from 1953 to 1969, did the Court, for the first time, significantly expand the rights of criminal suspects and attempt to provide protection against illegal searches and arrests, coerced confessions, and suggestive police identification procedures. In addition, the Court greatly expanded the two remedies

These Germanic peoples live and move in hordes, or tribes, or whatever we may call them. They have some sort of kings, and something in the nature of a general assembly, which all men capable of bearing arms attend. But we should be chary of supposing anything properly answering to a state institution as understood among civilized people The king has no real authority; the warriors obey him to-day, and tum their back on him defiantly to-morrow; one day. their kings may lead them forth on any reckless enterprise; the next, they may be scattering, despite his orders, and in defiance of all political prudence, to their separate homes. And in their assembly, the method of procedure is simply that he who can use the most persuasive words wins over all the rest The warriors clash their weapons, and the matter is decided. They are like children in regard to coaxing and gifts. but fickle and ungovernable in regard to anything like obligation. indisposed to recognize any definite rule and order.

Something happened?” “The German parliament has passed that constitutional amendment they’ve been drafting since the Reichstag fire.” “Oh no!” “Yes. The Law to Remedy the Distress of People and Reich is in force. As of today, Hitler has the power to make laws without passing them through Parliament. March 24 will go down in history as the day German democracy died.” “But how could that happen? Didn’t anyone oppose it?” “They changed the rules of procedure. And there was intimidation. The Communists were all either in jail or in hiding. Opponents were prevented from taking the floor.” “But even after the latest elections, the Nazi party still doesn’t have a majority. Doesn’t it take two-thirds of Parliament to pass a measure like that?” “You’re right. But the Social Democrats were the only party to vote against the act.” “What!” Gerhard nearly choked on his coffee, splattering it on his shirt. “That makes no sense. Why would the other parties go along with it?” “Because of that Reichstag Fire Decree. You know Hitler’s been using it to imprison his enemies, unleash his storm troopers, suspend civil liberties. He’s beaten the other parties into submission. And today they gave up, the cowards.” “I don’t know why I’m so surprised,” Gerhard said. “Two weeks ago, they forced the mayor of Frankfurt to resign. Just like that, after ten years. Landmann completely transformed Frankfurt. To see a progressive like him, the first Jew ever to hold that office, replaced by a filthy Nazi!

Procedural Posture Appellant challenged the orders of the Superior Court of San Diego County (California) directing indemnification of respondent for his expenses incurred in defense of a cross-complaint in the underlying litigation between appellant and appellant's franchisee and in his proceedings seeking indemnification for attorneys' fees and costs under Cal. Corp. Code § 317. California Business Lawyer & Corporate Lawyer, Inc. is a Civil Attorney Orange County Overview Appellant's franchisee sued appellant, respondent and others, for, among other things, an antitrust claim on behalf of all of appellant's franchisees. Respondent was later dismissed as appellant's president and chief executive officer and filed a lawsuit for breach of his employment contract. Following a judgment favorable to respondent in his employment contract suit, appellant filed suit seeking a declaratory judgment that it did not have to indemnify respondent in the litigation with its franchisee. The trial court found that respondent acted in good faith and in a manner he reasonably believed to be in the best interests of appellant, and thus he should be indemnified by appellant pursuant to Cal. Corp. Code § 317. The trial court also awarded respondent attorneys' fees and costs incurred as a result of litigation. On appeal, the court affirmed. There was no factual finding in appellant's franchisee's suit that appellant, under respondent, had engaged in illegal practices. Substantial evidence supported the trial court's finding of respondent's good faith. Also, the trial court did not abuse its discretion in its determination and award of attorneys' fees. Outcome The court affirmed the orders of the trial court because substantial evidence supported the trial court's finding that because respondent acted in good faith and in a manner he reasonably believed to be in appellant's best interest, he was entitled to indemnification from appellant. Also, the trial court did not abuse its discretion by awarding respondent attorneys' fees and costs.

From the point of view of totalitarian ethics, from the point of view of collective utility, Plato’s theory of justice is perfectly correct. To keep one’s place is a virtue. It is that civil virtue which corresponds exactly to the military virtue of discipline. And this virtue plays exactly that rôle which ‘justice’ plays in Plato’s system of virtues. For the cogs in the great clockwork of the state can show ‘virtue’ in two ways. First, they must be fit for their task, by virtue of their size, shape, strength, etc.; and secondly, they must be fitted each into its right place and must retain that place. The first type of virtues, fitness for a specific task, will lead to a differentiation, in accordance with the specific task of the cog. Certain cogs will be virtuous, i.e. fit, only if they are (‘by their nature’) large; others if they are strong; and others if they are smooth. But the virtue of keeping to one’s place will be common to all of them; and it will at the same time be a virtue of the whole: that of being properly fitted together—of being in harmony. To this universal virtue Plato gives the name ‘justice’. This procedure is perfectly consistent and it is fully justified from the point of view of totalitarian morality. If the individual is nothing but a cog, then ethics is nothing but the study of how to fit him into the whole.

He often thought that the only safe procedure a person could undergo at the Ospedale Civile was an autopsy. it was the only time a patient ran no risk.

This Report is intended to strengthen those efforts by recognizing the harms caused by Ferguson’s law enforcement practices so that those harms can be better understood and overcome. Ferguson’s law enforcement practices are shaped by the City’s focus on revenue rather than by public safety needs. This emphasis on revenue has compromised the institutional character of Ferguson’s police department, contributing to a pattern of unconstitutional policing, and has also shaped its municipal court, leading to procedures that raise due process concerns and inflict unnecessary harm on members of the Ferguson community. Further, Ferguson’s police and municipal court practices both reflect and exacerbate existing racial bias, including racial stereotypes. Ferguson’s own data establish clear racial disparities that adversely impact African Americans.

Modification Of Rules. These rules shall be construed to conform to any legislative changes in Civil Code § 5100 et seq. without any further adoption procedures. Any other change in these rules shall be done only after 30 days written notice to all members in accordance with the provisions of Civil Code § 4360.

records in any form I request under the Health Insurance Portability and Accountability Act within thirty days and for a reasonable handling and processing fee. If this material is not quickly forthcoming, I will file a complaint with the federal Health and Human Services’ Office for Civil Rights, which prosecutes HIPPA violations. Sincerely, 3. TO CHALLENGE OUTRAGEOUS CHARGES/BILLING ERRORS Dear Sirs or Madam: I’m writing to protest what I regard as excessive charges for my operation/hospitalization/procedure at your medical facility. The operation/hospitalization/procedure was billed to my insurer/me at $__________,__________. This total included several itemized charges that were well above norms for our nation and our region, such as a $__________,__________ charge for __________ and a $__________,__________ charge for __________. The Healthcare Bluebook says a “fair price” is $__________,__________ and $__________,__________. Likewise, my bill includes entries for treatments I simply did not receive, such as $__________ for __________ and $__________ for __________. Before sending in any payment, I’m requesting that your billing and coding department review my chart to revise the charges, or explain to me the size and the nature of such entries. I have been a loyal customer of your hospital for many years and have been happy with my excellent medical care. But if these billing issues are not resolved, I feel compelled to report them to the state attorney general/consumer protection agency, to investigate fraudulent or abusive billing practices. Sincerely,

Although political representation by racial quota is the effect of government policy, it is not yet respectable to call for it explicitly. When President Bill Clinton tried to appoint Lani Guinier as Assistant Attorney General for Civil Rights her appointment failed, in part because of Miss Guinier’s advocacy of representation by race. In her view, if blacks were 13 percent of the US population, 13 percent of seats in Congress should be set aside for them. It does not cause much comment, however, when the Democratic Party applies this thinking to its selection of delegates to presidential conventions. Each state party files an affirmative action plan with the national party, and many states set quotas. For the 2008 Democratic Convention, California mandated an over-representation of non-white delegates. Blacks, Asians, and Hispanics were only 4.6, 5.2, and 21.1 percent, respectively, of the Democratic electorate, but had to be 16, 9, and 26 percent of the delegates. Other states had similar quotas. Procedures of this kind do lead to diversity of delegates but suggest that race is more important than policy. Perhaps it is. In Cincinnati, where blacks are 40 to 45 percent of the population, Mayor Charlie Luken complained that the interests of blacks and whites seemed so permanently in conflict that “race gets injected into every discussion as a result.” In other words, any issue can become racial. In 2004, the Georgia legislature passed a bill to stop fraud by requiring voters to show a state-issued ID at the polls. People without drivers’ licenses could apply for an ID for a nominal fee. Black legislators felt so strongly that this was an attempt to limit the black vote that they did not merely vote against the law; practically the entire black delegation stormed out of the Capitol when the measure passed over their objections. In 2009, when Congress voted a stimulus bill to get the economy out of recession, some governors considered refusing some federal funds because there were too many strings attached. Jim Clyburn, a black South Carolina congressman and House Majority Whip, complained that rejecting any funding would be a “slap in the face of African-Americans.” Race divides Cook County, Illinois, which contains Chicago. In 2007, when the black president of the county board, Todd Stroger, could not get his budget passed, his floor leader William Beavers-also black—complained that it was “because he’s black.” He said there was only one real question: 'Who’s gonna control the county—white or black—that’s all this is.

Utaratibu ni ustaarabu na ustaarabu ni utaratibu.

Modern debates were over truth and reality, reason and experience, liberty and equality, justice and peace, beauty and progress. In the postmodern framework, those concepts always appear in quotation marks. Our most strident voices tell us that “Truth” is a myth. “Reason” is a white male Eurocentric construct. “Equality” is a mask for oppressions. “Peace” and “Progress” are met with cynical and weary reminders of power—or explicit ad hominem attacks. Postmodern debates thus display a paradoxical nature. Across the board, we hear, on the one hand, abstract themes of relativism and egalitarianism. Those themes come in both epistemological and ethical forms. Objectivity is a myth; there is no Truth, no Right Way to read nature or a text. All interpretations are equally valid. Values are socially subjective products. Culturally, therefore, no group’s values have special standing. All ways of life from Afghani to Zulu are legitimate. Coexisting with these relativistic and egalitarian themes, we hear, on the other hand, deep chords of cynicism. Principles of civility and procedural justice simply serve as masks for hypocrisy and oppression born of asymmetrical power relations, masks that must be ripped off by crude verbal and physical weapons: ad hominem argument, in-your-face shock tactics, and equally cynical power plays. Disagreements are met—not with argument, the benefit of the doubt, and the expectation that reason can prevail—but with assertion, animosity, and a willingness to resort to force.

On May 27, Bryn Mawr awarded 167 bachelor of arts degrees. Sixty percent of the class was headed straight to graduate or professional school. My friends and teachers had assumed I would go to law school, but I could not imagine devoting myself to the details of torts or civil procedure. If I decided to pursue further education, I knew it would be for graduate work in history. What had always captured me intellectually was the broad sweep of ideas and social forces. And having grown up in a changing and not-changing Virginia, I knew how those assumptions and circumstances exerted their power through time, often creating silences and blindnesses that undermined human possibility. From at least when I had written to Eisenhower as a nine-year-old, I had recognized the force and the burden of history; I understood the words of the white southern poet and novelist Robert Penn Warren: “History is what you can’t / Resign from.”11 Coming to terms with the past would ultimately become an intellectual and professional commitment as well as a personal necessity. I grew up to be a historian. My page in the Bryn Mawr college yearbook, 1968. On my right wrist I am wearing the bracelet my grandmother gave me the night my mother died. But not yet. I had decided I needed to be in the real world for a while. I had loved school since I began kindergarten at the age of four, and at Bryn Mawr I had become caught up not just in learning

This was the birth not only of the Merck Company, which still thrives today, but of the modern pharmaceutical industry as a whole. When injections were invented in 1850, there was no stopping the victory parade of morphine. The painkiller was used in the American Civil War of 1861–65 and in the Franco-Prussian War of 1870–71. Soon morphine fixes were doing the rounds as normal procedure.2

Cixi began to revolutionise China's legal system. In May 1902, she decreed a wholesale review of 'all existing laws...with reference to the laws of other nations...to ensure that Chinese laws are compatible with those of foreign countries'. With a legal reform team headed by a remarkable mind, Shen Jiaben, who had a comprehensive knowledge of traditional laws and had studied several differentWestern codes, a brand-new legal structure based on Western models was created in the course of the decade, covering a whole range of commercial, civil, criminal laws and judicial procedures. Cixi approved the team's recommendations and personally decreed many landmark changes. On 24 April 1905, the notorious 'death by a thousand cuts' was abolished, with a somewhat defensive explanation from Ci:xi that this horrific form of execution had not been a Manchu practice in the first place. In a separate decree, torture during interrogation was prohibited. Up to that point it was universally regarded as indispensable to obtain confessions; now it was deemed 'only permissible to be used on those whom there was enough evidence to convict and sentence to death, but who still would not admit guilt'. Cixi made a point of expressing her 'loathing' for those who had a penchant for torture, and warned that they would be severely punished if they failed to observe the. new constraints. Prisons and detention centres were to be run humanely; the abuse of inmates would not be tolerated. Law schools were to be set up in the capital and provinces, and law studies were to be made a part of general education. Under her a legal framework began to be constructed.