Procedural Due Process Quotes

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Due process was about avoiding procedural errors in rendering a decision of guilt or innocence, not about the validity of the decision itself.
Lisa Feldman Barrett (How Emotions Are Made: The Secret Life of the Brain)
It’s strange how the most dyed-in-the-wool tyrants still vaguely respect due process, as if they want to make it appear that they aren’t abusing procedure, even while riding roughshod over every convention. It’s as if power isn’t enough for them, and that they take special pleasure in forcing their enemies to perform, one last time and for their benefit, the same rituals that they are even then demolishing.
Éric Vuillard (The Order of the Day)
This act of whistleblowing was not like other acts of whistleblowing. Historically, whistleblowers reveal abuse of power that is surprising and shocking to the public. The Trump-Ukraine story was shocking but in no way surprising: it was in character, and in keeping with a pattern of actions. The incident that the whistleblower chose to report was not the worst thing that Trump had done. Installing his daughter and her husband in the White House was worse. Inciting violence was worse. Unleashing war on immigrants was worse. Enabling murderous dictators the world over was worse. The two realities of Trump’s America—democratic and autocratic—collided daily in the impeachment hearings. In one reality, Congress was following due process to investigate and potentially remove from office a president who had abused power. In the other reality, the proceedings were a challenge to Trump’s legitimate autocratic power. The realities clashed but still did not overlap: to any participant or viewer on one side of the divide, anything the other side said only reaffirmed their reality. The realities were also asymmetrical: an autocratic attempt is a crisis, but the logic and language of impeachment proceedings is the logic and language of normal politics, of vote counting and procedure. If it had succeeded in removing Trump from office, it would have constituted a triumph of institutions over the autocratic attempt. It did not. The impeachment proceedings became merely a part of the historical record, a record of only a small part of the abuse that is Trumpism.
Masha Gessen (Surviving Autocracy)
It is clear that 'inquiry', as conceived by Dewey, is part of the general process of attempting to make the world more organic. 'Unified wholes' are to be the outcome of inquiries. Dewey's love of what is organic is due partly to biology, partly to the lingering influence of Hegel. Unless on the basis of an unconscious Hegelian metaphysic, I do not see why inquiry should be expected to result in 'unified wholes'. If I am given a pack of cards in disorder, and asked to inquire into their sequence, I shall, if I follow Dewey's prescription, first arrange them in order, and then say that this was the order resulting from inquiry. There will be, it is true, an 'objective transformation of objective subject-matter' while I am arranging the cards, but the definition allows for this. If, at the end, I am told: 'We wanted to know the sequence of the cards when they were given to you, not after you had re-arranged them,' I shall, if I am a disciple of Dewey, reply: 'Your ideas are altogether too static. I am a dynamic person, and when I inquire into any subject-matter I first alter it in such a way as to make the inquiry easy.' The notion that such a procedure is legitimate can only be justified by a Hegelian distinction of appearance and reality: the appearance may be confused and fragmentary, but the reality is always orderly and organic. Therefore when I arrange the cards I am only revealing their true eternal nature. But this part of the doctrine is never made explicit. The metaphysic of organism underlies Dewey's theories, but I do not know how far he is aware of this fact.
Bertrand Russell (A History of Western Philosophy)
Diversity, Equal Opportunity, and Success are Core Principals Driving the Mission of the Green Card Organization of the United States of America The Green Card Organization is a reputable institution that provides a service for individuals who have a desire to immigrate by implementing a wide variety of services from basic to the most complex. The Green Card Organization can ensure error-free applications by assisting any individual who requires additional aid to simplify the process and guarantee a complete and accurate submission. Plenty of legal procedures are made easier, and by working with the Green Card Organization, their specialized services can fit the need of any client. The Green Card Organization provides expertise on the Diversity Visa (DV) lottery program. This program can be difficult to complete without error, as over 40% of applicants that are self-handled are disqualified due to inaccurate information. This lottery allows only one submission per year, and the Green Card Organization believes their assistance will guarantee qualification and the possibility of obtaining a Green card. “For everyone the process of receiving a Green card is different, however when that amazing moment comes that you will receive confirmation, we will be here to help. Time is of the essence when it comes to the process of a successful Green card applicant, it is important to go through the immigration process according to the timeline and correctly. Delays in the process can result in termination. Here at our organization, we will make sure that everything happens quickly and correctly for you. Our team of immigration experts will keep everything on track and assist you with all the necessary procedures. We provide personalized services and will make sure that no opportunity is missed to help each and every one of our clients achieve their goal. Your success is our success!” The Green Card Organization website provides important immigration information, such as different ways to obtain a Green card. The Green Card Organization explains that one of the most common ways to receive a Green card is through the sponsorship of a family member. The family member must be a U.S. citizen, or a Green card holder themselves. Additional details describe instances on who is permitted to apply for a Green card so the client is able to make certain they are eligible. Another way the Green Card Organization explains how to obtain a Green card is through a job, meaning their professional background and/or business dealings. An employer can petition for an employee to get a Green card, but they first must obtain a labor certification and file Form I-140, known as the Immigrant Petition for Alien Worker. Other individuals who deal in American Investments may apply for the Green card if they have sizeable assets in the United States. Any individual can self-petition and apply for a Green card without a labor certification as long as they are able to prove that they considerably contribute to the American workforce. The Green Card Organization provides a list of special jobs regarding professionals who are permitted to apply for a Green card with Form I-360, known as the Petition of Amerasian, Widow(er), or Special Immigrant.
Green Card Organization
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.
Malcolm K. Sparrow (Handcuffed: What Holds Policing Back, and the Keys to Reform)
McCulloch would have put him on notice that "it is a constitution we are expounding," one that was "intended to endure for ages to come, and consequently, to be adapted to the various crises of human affairs," and which did not "deprive the legislature of the capacity to avail itself of experience, to exercise its reason, and to accommodate its legislation to circumstances." It had become clear by 1868, if not before then, that the Constitution was not chained to the original expectations as to what powers the legislature could exercise. This recognition, in turn, suggests a more durable basis for a doctrine of substantive due process than simply labeling everything one finds distasteful or wrongheaded as "arbitrary." The eighteenth-century understanding of due process may have been primarily, if not exclusively, procedural, but it had evolved in a legal system where the legislature exercised unfettered power over substantive law. The new Constitution's Supremacy Clause, however, subordinated legislative power to the Constitution itself. As I suggested in my opening essay, in a republic, "due process," when it comes to the wisdom of government policy, is ordinarily provided by the political process, but it is likely the case that we do not regard every issue as properly resolved by majoritarian institutions. As
Jason Kuznicki (What Is Due Process? (Cato Unbound Book 2062012))
Among those rights is the constitutional right to procedural due process, which has been broadly construed to protect the individual so that statutes, regulations, and enforcement actions must ensure that no one is deprived of "life, liberty, or property" without a fair opportunity to affect the judgment or result.
LandMark Publications (Due Process: Historic US Supreme Court Decisions (Constitutional Law Series))
At a basic level, procedural due process is essentially based on the concept of "fundamental fairness.
LandMark Publications (Due Process: Historic US Supreme Court Decisions (Constitutional Law Series))
individual is facing a (1) deprivation of (2) life, liberty, or property, (3) procedural due process mandates that he or she is entitled to adequate notice, a hearing, and a neutral judge.
LandMark Publications (Due Process: Historic US Supreme Court Decisions (Constitutional Law Series))
Wikipedia: Iron law of oligarchy According to [Robert] Michels, all organizations eventually come to be run by a "leadership class", who often function as paid administrators, executives, spokespersons or political strategists for the organization. Far from being "servants of the masses", Michels argues this "leadership class", rather than the organization's membership, will inevitably grow to dominate the organization's power structures. By controlling who has access to information, those in power can centralize their power successfully, often with little accountability, due to the apathy, indifference and non-participation most rank-and-file members have in relation to their organization's decision-making processes. Michels argues that democratic attempts to hold leadership positions accountable are prone to fail, since with power comes the ability to reward loyalty, the ability to control information about the organization, and the ability to control what procedures the organization follows when making decisions. All of these mechanisms can be used to strongly influence the outcome of any decisions made 'democratically' by members. Michels stated that the official goal of representative democracy of eliminating elite rule was impossible, that representative democracy is a façade legitimizing the rule of a particular elite, and that elite rule, which he refers to as oligarchy, is inevitable.
Wikipedia Contributors
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.
U.S. Department of Justice (The Ferguson Report: Department of Justice Investigation of the Ferguson Police Department)
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DUIness
The Cherubim were not experienced in fighting angelic/human hybrids. Humans they could slaughter easily enough with their flaming whirling swords, but Nephilim were a crossbreed. The forces needed to combat the angelic half of the Nephilim were the angels who were now busily held up in heavenly legal procedures. The Nephilim would have to rise to the occasion. Inanna did not know how much longer the Accuser could keep the heavenly council embroiled in his lawsuit. It was a diversion made in heaven. God and all his heavenly host, because of their despicable dedication to righteousness would give their full attention and presence to due process of law. In doing so, they would not be available to defend the Garden when it was attacked. She had split the enemy’s forces and cut them off from their Commander in Chief, that loathsome tyrant from above. She thought of cutting in half the extra hour she gave the Nephilim to sleep. Beneficence was one of the demands on deity she detested.
Brian Godawa (Enoch Primordial (Chronicles of the Nephilim #2))
Wage Garnishment Majority of students complete their education with student loan debt. Once you have graduated from college and stepinto the real world, you realize it isn’t as easy as it seemed. Student loan is one of the most difficult loans to repay and it also cannot be discharged into bankruptcy. Thus it has to be repaid!One thing that should always be kept in mind is to never skip your loan payments. If this happens and happens consecutively for months it will open doors to many other problems. It will put your loan in default; your entire loan amount and interest will become due immediately. It will adversely impact your credit score. We discuss Wage Garnishment with The Student Loan Help Center team, let’s see what they said about it. So What is wage garnishment? Wage garnishment happens when your loan is in default (you can consult The Student Loan help center if you want) i.e you have not paid the loan for consecutive 270 days. Now Wage garnishment is one of the legal consequences of going into default. Through this method the government starts deducting 15% of your income. That means you in hand income willreduce with only 85% coming in your bank account. However the amount of wage that can be garnished for private loandiffers from state to state since every state is not allowed to garnish the wages. How to avoid? As discussed before, wage garnishment happens only when your loan is in default. The department of education sends you one letter when you are in default. The best way to avoid this problem is to avoid going to default. There are numerous measures you can adopt right from very beginning to keep your loan repayment on track. For eg, starting to pay interest in your grace period, automating the process of monthly payments to get some discount from bank etc. Now what if you are in default or going in default, then the best option would be to consider forbearance or deferment which will stop your wages from being garnished. How can it be challenged? If you have just received the notice from Department of Education then you are given one opportunity to get a hearing and object to wage garnishment. You can challenge wage garnishment on following grounds: Your income Your employment Procedures followed to start the garnishment etc Also your wage garnishment cannot begin before the notice of 30 days. During this time period you request a hearing garnishment will be put on hold and if 30 days are over garnishment will not stop if you have won the hearing. One of the Best Student Loan consolidation services in USA is The Student Loan Help Center in Florida for all kind of Student Loan consultation you can contact any time.
The Student Loan Help Center
Emissions of carbon dioxide reasonable commercial For those who do not know each other with the phrase "carbon footprint" and its consequences or is questionable, which is headed "reasonable conversion" is a fast lens here. Statements are described by the British coal climatic believe. "..The GC installed (fuel emissions) The issue has directly or indirectly affected by a company or work activities, products," only in relation to the application, especially to introduce a special procedure for the efforts of B. fight against carbon crank function What is important? Carbon dioxide ", uh, (on screen), the main fuel emissions" and the main result of global warming, improve a process that determines the atmosphere in the air in the heat as greenhouse gases greenhouse, carbon dioxide is reduced by the environment, methane, nitrous oxide and chlorofluorocarbons (CFCs more typically classified as). The consequences are disastrous in the sense of life on the planet. The exchange is described at a reasonable price in Wikipedia as "...geared a social movement and market-based procedures, especially the objectives of the development of international guidelines and improve local sustainability." The activity is for the price "reasonable effort" as well as social and environmental criteria as part of the same in the direction of production. It focuses exclusively on exports under the auspices of the acquisition of the world's nations to coffee most international destinations, cocoa, sugar, tea, vegetables, wine, specially designed, refreshing fruits, bananas, chocolate and simple. In 2007 trade, the conversion of skilled gross sales serious enough alone suffered due the supermarket was in the direction of approximately US $ 3.62 billion to improve (2.39 million), rich environment and 47% within 12 months of the calendar year. Fair trade is often providing 1-20% of gross sales in their classification of medicines in Europe and North America, the United States. ..Properly Faith in the plan ... cursed interventions towards closing in failure "vice president Cato Industries, appointed to inquire into the meaning of fair trade Brink Lindsey 2003 '. "Sensible changes direction Lindsay inaccurate provides guidance to the market in a heart that continues to change a design style and price of the unit complies without success. It is based very difficult, and you must deliver or later although costs Rule implementation and reduces the cost if you have a little time in the mirror. You'll be able to afford the really wide range plan alternatives to products and expenditures price to pay here. With the efficient configuration package offered in the interpretation question fraction "which is a collaboration with the Carbon Fund worldwide, and acceptable substitute?" In the statement, which tend to be small, and more? They allow you to search for carbon dioxide transport and delivery. All vehicles are responsible dioxide pollution, but they are the worst offenders? Aviation. Quota of the EU said that the greenhouse gas jet fuel greenhouse on the basis of 87% since 1990 years Boeing Company, Boeing said more than 5 747 liters of fuel burns kilometer. Paul Charles, spokesman for Virgin Atlantic, said flight CO² gas burned in different periods of rule. For example: (. The United Kingdom) Jorge Chavez airport to fly only in the vast world of Peru to London Heathrow with British Family Islands 6.314 miles (10162 km) works with about 31,570 liters of kerosene, which produces changes in only 358 for the incredible carbon. Delivery. John Vidal, Environment Editor parents argue that research on the oil company BP and researchers from the Department of Physics and the environment in Germany Wising said that about once a year before the transport height of 600 to 800 million tons. This is simply nothing more than twice in Colombia and more than all African nations spend together.
PointHero
On behalf of the deference under the Administrative Procedure Act, it is said that Congress is not constitutionally barred from authorizing deference—as if Congress can detract from the office of the judges. The office of the judges, however, was an element of the Constitution’s grant of judicial power, and it required the judges to exercise independent judgment in accord with the law of the land. Put another way, when the Constitution authorized judicial power, it took for granted that judges, by their nature, had such a duty.19 This judicial duty was recognized very early, because it was the foundation of what nowadays is called “judicial review.” When writing about the judicial power of North Carolina in 1786, James Iredell explained: “The duty of the power I conceive, in all cases, is to decide according to the laws of the state,” and as “the constitution is a law of the state,” a statute “inconsistent with the constitution is void.” Or as put by John Marshall in Marbury v. Madison, where “both the law and the constitution apply to a particular case” the court “must determine which of these conflicting rules governs the case,” this being “of the very essence of judicial duty.”20 Judicial review, in other words, is entailed by judicial duty—a duty that accompanies judicial power and that requires judges to exercise their own independent judgment in following the law. And another result of this duty is that a mere statute cannot justify the judges in abandoning their independent judgment or in following extralegal rules or interpretations. As if this were not enough, the U.S. Constitution adds that no person shall be “deprived of life, liberty, or property, without due process of law.” If this means anything, it surely requires a judge not to defer to one of the parties, let alone to defer systematically to the government. Nonetheless, on the basis of a mere statute, the judges generally defer. The next step is to examine the varieties
Philip Hamburger (Is Administrative Law Unlawful?)
The danger of an administrative return to an extralegal regime becomes particularly concrete when one recognizes the potential for evasion. Administrative law evades not only the law but also its institutions, processes, and rights. The central evasion is the end run around acts of Congress and the judgments of the courts by substituting executive edicts. This suggests that there can be an alternative system of law, which is not quite law, but that nonetheless can be enforced against the public. As if this were not enough, the evasion also gets around the Constitution’s institutions and processes. For example, when the executive makes regulations, it claims to escape the constitutional requirements for the election of lawmakers, for bicameralism, for deliberation, for publication of legislative journals, and for a veto. Similarly, when the executive adjudicates disputes, it claims to sidestep most of the requirements about judicial independence, due process, grand juries, petit juries, and judicial warrants and orders. The judicial evasion is particularly troubling when one realizes that it escapes almost all of the procedural rights guaranteed by the Constitution. Recognizing at least the due process problem, courts and commentators sometimes suggest that administrative adjudication is subject to a lesser, administrative version of due process. It remains unclear, however, how a fraction of a right can substitute for the whole, or how the due process of administrative power in an administrative tribunal can substitute for the due process of law in a court. This is like a substitution of water for whisky, and the fact that both are liquid does not hide the evasion.
Philip Hamburger (Is Administrative Law Unlawful?)
the American Constitution provides for ‘due process of law’ against that of ‘procedure established by law’ which is contained in the Indian Constitution. The difference between the two is : ‘The due process of law gives wide scope to the Supreme Court to grant protection to the rights of its citizens. It can declare laws violative of these rights void not only on substantive grounds of being unlawful, but also on procedural grounds of being unreasonable. Our Supreme Court, while determining the constitutionality of a law, however examines only the substantive question i.e., whether the law is within the powers of the authority concerned or not. It is not expected to go into the question of its reasonableness, suitability or policy implications.
M. Laxmikanth (Indian Polity)
Four things about learning how to care for someone with dementia are important to realize. Firstly, most family carers are unfamiliar with the effects of dementia on people’s abilities, and people with dementia due to Alzheimer’s disease, or another disease, function in ways that most of us have never experienced.  Common sense does not help here. The carers have to learn how to understand new information about memory processes and how to cope with situations that are new to them. Secondly, don’t be too hard on yourself. If you realize you have made a mistake in the way you have been interacting with a person with dementia, learn from it, change what you are doing, but don’t hang onto the guilt. Forgive yourself. Know that every family goes through these painful experiences and feelings of being inadequate. Apologize to the person with dementia and then distract them with something fun. Thirdly, understand that each person with dementia is unique in the way they behave and how they understand what is happening. What has helped one family carer to cope may not help the next. Be patient with yourself and the person with dementia and never stop trying to find ways to help yourselves. Coping often means trying one thing after the other, and then using the approach that works for as long as it continues to work. Fourthly, scolding and arguing will not help them learn because they have lost most of their capacity to learn with their short-term memory. Scolding will, however, establish a procedural memory in their mind that interacting with you is always unpleasant.
Jennifer Ghent-Fuller (Thoughtful Dementia Care: Understanding the Dementia Experience)
Ontario Increases Minimum Wage: Is It Enough to Live On as a Newcomer? At Esse India, we understand the challenges newcomers face when settling in Canada. As of October 1, 2024, several Canadian provinces, including Ontario, Prince Edward Island, Manitoba, and Saskatchewan, have raised their minimum wage. In Ontario, the wage has increased from $16.55 to $17.20 per hour. For immigrants pursuing Canadian permanent residency (PR) or leveraging opportunities like the Global Talent Stream, these wage changes play a significant role in financial planning during the immigration process. A full-time worker in Ontario, clocking an average of 39.3 hours per week, can now expect to earn approximately $675.96 weekly or $35,149.92 annually before taxes. However, after accounting for deductions, the net annual income is $29,026, according to Wealthsimple’s tax calculator. With Toronto being a primary destination for newcomers, the cost of living poses a serious challenge. For those navigating the Canada PR process or consulting with Canada immigration consultants, managing living expenses becomes critical. Rent for a one-bedroom apartment in Toronto averages $2,452 per month, and groceries for one person are estimated at $526.50 monthly. Essentials like utilities, internet, and phone services bring the total to approximately $3,407.84 each month, or $40,894.08 annually—well beyond the net income of a minimum-wage worker. Many immigrants face this reality as they wait for their foreign credentials to be recognized in Canada. While pursuing recognition, they may be forced to accept minimum-wage positions. With 20% of all occupations in Canada being regulated and requiring licenses, the wait for recognition can stretch beyond initial expectations. This highlights the importance of choosing the right Canada PR consultancy or Canadian immigration consultants who can provide proper guidance throughout the process. Newcomers often find themselves in lower-paying roles or entering programs like the Provincial Nominee Program (PNP), which offer alternative routes to permanent residency. For those working with Canada immigration consultants in India, weighing the costs of living against potential income is crucial. The same holds true for immigrants interested in Australia PR or Germany PR through Australia immigration consultants or Germany immigration consultants. The Financial Reality for Newcomers in Canada While many immigrants aim for higher-paying jobs once their credentials are recognized, the journey can be arduous. Programs such as the Global Talent Stream Canada or BC PNP provide skilled workers a pathway to Canada, but maintaining financial stability during this period is essential. Those applying for visas through Canada spouse visa consultants or seeking Canada tourist visa ETA must also prepare for similar financial pressures. Despite these hurdles, Canada continues to attract immigrants due to its robust support systems and opportunities for growth. However, at Esse India, we advise prospective immigrants to approach the Canada PR procedure or Canada PR consultancy with realistic expectations, especially those transitioning from regions where the cost of living may differ significantly. Exploring options like Work and Study in Canada for free, or even considering PR pathways in Australia and Germany, could offer a broader range of opportunities for balancing income with living costs. Whether it’s Canada, Australia, or Germany, it’s important to assess the financial implications thoroughly before making a move. This content, crafted by Esse India, emphasizes the importance of planning and financial awareness for newcomers pursuing permanent residency in Canada, while also touching on immigration alternatives in Australia and Germany.
Esse
The radical rhetoric of the early fascist movements led many observers, then and since, to suppose that once in power the fascist regimes would make sweeping and fundamental changes in the very bases of national life. In practice, although fascist regimes did indeed make some breathtaking changes, they left the distribution of property and the economic and social hierarchy largely intact (differing fundamentally from what the word revolution had usually meant since 1789). The reach of the fascist “revolution” was restricted by two factors. For one thing, even at their most radical, early fascist programs and rhetoric had never attacked wealth and capitalism as directly as a hasty reading might suggest. As for social hierarchy, fascism’s leadership principle effectively reinforced it, though fascists posed some threat to inherited position by advocating the replacement of the tired bourgeois elite by fascist “new men.” The handful of real fascist outsiders, however, went mostly into the parallel organizations. The scope of fascist change was further limited by the disappearance of many radicals during the period of taking root and coming to power. As fascist movements passed from protest and the harnessing of disparate resentments to the conquest of power, with its attendant alliances and compromises, their priorities changed, along with their functions. They became far less interested in assembling the discontented than in mobilizing and unifying national energies for national revival and aggrandizement. This obliged them to break many promises made to the socially and economically discontented during the first years of fascist recruitment. The Nazis in particular broke promises to the small peasants and artisans who had been the mainstay of their electoral following, and to favor urbanization and industrial production. Despite their frequent talk about “revolution,” fascists did not want a socioeconomic revolution. They wanted a “revolution of the soul,” and a revolution in the world power position of their people. They meant to unify and invigorate and empower their decadent nation—to reassert the prestige of Romanità or the German Volk or Hungarism or other group destiny. For that purpose they believed they needed armies, productive capacity, order, and property. Force their country’s traditional productive elements into subjection, perhaps; transform them, no doubt; but not abolish them. The fascists needed the muscle of these bastions of established power to express their people’s renewed unity and vitality at home and on the world stage. Fascists wanted to revolutionize their national institutions in the sense that they wanted to pervade them with energy, unity, and willpower, but they never dreamed of abolishing property or social hierarchy. The fascist mission of national aggrandizement and purification required the most fundamental changes in the nature of citizenship and in the relation of citizens to the state since the democratic revolutions of the eighteenth and nineteenth centuries. The first giant step was to subordinate the individual to the community. Whereas the liberal state rested on a compact among its citizens to protect individual rights and freedoms, the fascist state embodied the national destiny, in service to which all the members of the national group found their highest fulfillment. We have seen that both regimes found some distinguished nonfascist intellectuals ready to support this position. In fascist states, individual rights had no autonomous existence. The State of Law—the Rechtsstaat, the état de droit—vanished, along with the principles of due process by which citizens were guaranteed equitable treatment by courts and state agencies. A suspect acquitted in a German court of law could be rearrested by agents of the regime at the courthouse door and put in a concentration camp without any further legal procedure.
Robert O. Paxton (The Anatomy of Fascism)
Crying It Out (Extinction) The optimal time to use this strategy is after three to four months of age (post–due date). Perhaps this is when both parents must return to work full-time or with postcolicky infants (colic usually starts to dissipate at three to four months) or after parents see partial success with graduated extinction. Extinction can successfully be used earlier, but most parents find it unacceptably harsh for younger babies. Extinction was used with some twins in my survey at five to six months of age after the due date, when the parents had suffered from becoming desperately sleep-deprived. At three to four months, many parents in my survey used extinction successfully. Extinction means open-ended crying at night. The process is pretty straightforward: if you know that it is time to sleep and not time to feed, you ignore the crying, without a time limit. Initially, the baby will fall asleep after wearing herself out crying, but very quickly this process teaches the baby how to fall asleep unassisted without protest or crying. And the baby then stays asleep for a longer time. A major fear here is that prolonged crying by one twin will disturb the sleeping of the other. Parents in my survey stated that the sleepy twin, surprisingly, almost always adapted to the crying after a few nights and slept through their sibling’s protests. Of course, another major fear is that you will harm your child by letting him cry. But as long as he is safely in his crib, letting him cry is only a means to an end of better sleeping. There is no published research showing that this procedure causes any harm to children. In contrast, there is no question that not sleeping well truly harms them. If your twins’ bedtime is early and naps are in place, the process of extinction usually takes three to five nights. In general, the parents in my survey describe the first night’s crying to be thirty to forty-five minutes, the second night’s ten to thirty minutes, and the third night’s zero to ten minutes. If their bedtime is too late or a twin is not napping well, the process may take much longer, or it may appear to work but the success is short-lived. Sometimes older children cry more on the second night than on the first, but the entire process still takes just a few days. “We started around three or four months as fatigue from care and unpredictable sleep schedules reached the breaking point. The first night, our babies cried for about twenty minutes; the second for about ten minutes. They’ve slept through the night ever since.
Marc Weissbluth (Healthy Sleep Habits, Happy Twins: A Step-by-Step Program for Sleep-Training Your Multiples)
Keen and Clancy seemed to have no official position: they were simply called in, whenever people were murdered, to help solve the mystery. “We usually work along with the police, ma’am,” Clancy might say, explaining their presence. They seemed to have vast powers of arrest: they barged into homes without search warrants, ignored official procedure, shunned due process, and cared little for the rules of evidence. Keen was charming and persuasive, but his voice took on a mean edge when confronting a killer. And in the style of Hummert soaps, the dialogue was simplistic, identifying each speaker and subject fully in each utterance: “Before I open this door, Mr. Keen, let me tell you something. No one in this house right now had anything to do with the murder of young Donald Travers, my niece’s husband. “That remains to be proven, Miss Martha.” “My niece Jane Travers should never have sent you here.” “Jane Travers only wanted to help you prove your innocence, Miss Martha.” As such, it appealed to a lowest common denominator, and enjoyed a run of 17 years.
John Dunning (On the Air: The Encyclopedia of Old-Time Radio)
In fascist states, individual rights had no autonomous existence. The State of Law—the Rechtsstaat, the état de droit —vanished, along with the principles of due process by which citizens were guaranteed equitable treatment by courts and state agencies. A suspect acquitted in a German court of law could be rearrested by agents of the regime at the courthouse door and put in a concentration camp without any further legal procedure.115 A fascist regime could imprison, despoil, and even kill its inhabitants at will and without limitation. All else pales before that radical transformation in the relation of citizens to public power.
Robert O. Paxton (The Anatomy of Fascism)
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Techniques Phase 1 Night is the time to practice this technique, as you will require deep, undisturbed concentration, and the airways are less likely to be cluttered during the dark of the day. You will be using the visualization function initially, but instead of retaining internalization, you are going to externalize your consciousness (as in shapeshifting). Seat yourself in your usual working position. Go into meditation to center yourself. Visualize yourself standing directly in front of where you are. Observe the back of your head, your height, your stance—everything about yourself that you can see. It is not possible to observe your own face in this context, just as it is not possible to observe your own physical form (except in a mirror), as we are aware only of our internalized externalization of image and not the way we appear to an observer. Next you are to project your consciousness into your body. By this I mean that you are no longer the person observing, but the person being observed. Look around your immediate environment. Go to the doorway and walk around the room, looking at everything: look behind objects, inside cupboards and boxes, look closely at books, pictures, everything. Continue this exercise nightly until you are familiar with your immediate surroundings. Always reenter your prone material body the way you left. Phase 2 Begin with meditation. Go with the process of projecting into the externalized image of yourself. You may now proceed to leave the room with which you have oriented yourself over the preceding nights and travel around the house in which you live, observing at all times and remaining aware of all things your senses perceive. If there are other people in the house, you may pick up on their emotions, moods, dream patterns, etc., but at this stage, do not work at having them become aware of your presence (they may become aware of you anyway, especially if they are asleep and traveling close to their physical habitat). Continue with this exercise until you are familiar with the process. Phase 3 Begin with meditation. Project your consciousness into your self-image. You can now leave the house and move around outside. Be aware of the time. Observe all that is around you. Now you can begin the process of expanding your entity. If you bend your knees and jump, you will discover that you are weightless and can keep rising into the atmosphere as long as you desire. You can also think your astral body from one place to another without necessarily following a familiar route. Practice this often, but don’t forget to follow the return-to-body procedure! I tend to stress this like a mother-hen. I’ve had horrible postastral dysfunction occur due to both interruption and lack of experience, and it has sometimes been days before I stopped feeling dizzy and/or nauseous and disoriented. Sleeping lots tends to fix it, though.
Lore de Angeles (Witchcraft: Theory and Practice)
My recommendation instead, however, is that we do not surrender questions of value, whether absolute matters of truth, goodness, and beauty or relative judgment of more or less truth, goodness, and beauty. With those questions to the fore, in fact, we can interrogate various other traditions and truly learn something that can improve our own. Perhaps the Presbyterians really do know more than we do about due process in church government. Perhaps the Orthodox really do know some things we do not about iconography. Perhaps the Mennonites really can teach us the meaning of 'enough.' Perhaps the Pentecostals can help liberate us from dull and disembodied worship. Baptists who have learned to improve their procedures from Presbyterians, their art from the Orthodox, their finances from the Mennonites, and their worship from the Pentecostals do not therefore become worse Baptists but better ones. And so around the ecumenical circle, no?
John G. Stackhouse Jr. (Making the Best of It: Following Christ in the Real World)
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Poul Duedahl
The procedural protections that the American legal system holds so dear do not deserve our absolute faith.
Alexandra Brodsky (Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash)
good procedures can only do so much when the rules themselves are bad, or when decision-makers are incompetent and malicious.
Alexandra Brodsky (Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash)
PART OF WHY fair procedures matter—in harassment cases and all others, both in and out of legal settings—is that they help decision-makers come to more accurate conclusions, untainted by bias or other forms of irrationality
Alexandra Brodsky (Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash)
Let me be clear: I’d never expect a survivor to sit around empathizing with the plight of someone accused of doing what was done to them. That burden does not fall on victims’ shoulders. But for those of us who have taken on the task of grappling with tough policy questions, we should take to heart that we can honor both our commitment to survivors and our commitment to procedural fairness.
Alexandra Brodsky (Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash)
proper procedures do not depend on the specific allegation
Alexandra Brodsky (Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash)
Once we start down the road of special procedures, we’re more likely to bring along our cultural baggage about sex and gender, and invite others to do the same.
Alexandra Brodsky (Sexual Justice: Supporting Victims, Ensuring Due Process, and Resisting the Conservative Backlash)
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