Charter

Modern-day corporations should not be granted the same first amendment privileges enjoyed by individual citizens. In Citizens United v. FEC, 130 S. Ct. 876 (2010), Citizens United argued that when the First Amendment was drafted, it did not define corporations as outside its jurisdiction, and the amendment protects the right of “speech” without regard to the “speaker.” However, it is important to note that the Founding Fathers could not have anticipated the nature of modern corporations, which are far from the “association of peers” corporations used to resemble. Instead, modern corporations focus on short-tern goals that have led to horrible accounting scandals, bankruptcies, and public outrage. Thus, the “voice” of a corporation does not reflect the voices of its individual employees, but protects the association’s selfish goals. A corporation should not be considered the same as an individual or an association of peers on the subject of the first amendment.

Inconsistency of Clients Service Charter (CSC) effects and lack of literature on CSC influenced this study to be conducted by examining the utilization of CSC in Local Authorities (LAs) with particular reference to Dodoma Municipal Council. This study employed a case study design. A sample size of 118 clients was purposively selected. The sample comprised 60 internal customers’ and 58 external customers.

This report, along with the companion spreadsheet, provides the first comprehensive description ever compiled of charter school discipline. In 2011-12, every one of the nation’s 95,000 public schools was required to report its school discipline data, including charter schools. This analysis, which includes more than 5,250 charter schools, focuses on out-of-school suspension rates at the elementary and secondary levels. The report describes the extent to which suspensions meted out by charter schools for each major racial group and for students with disabilities are excessive or disparate.

The death of Iranian major general Qasem Soleimani, on January 3, 2020, revived the discussions and interpretations regarding national security on the international scene, the “right to protect”, the legitimate defense and the legality of the attack that caused his death through the United States' unilateral intervention. This is an old worldwide discussion, with countless gaps that need to be filled from the compatibility between international law and domestic law points of view, as well as the legality of intervention, referring to Article 51 of the United Nations Charter about humanitarian intervention or for the legitimate use of force.

In comparative regional integration (RI) analysis, the European Union’s (EU) advancing of its own experience as a model is a significant problem. This article explores this problem by focusing on comparative aspects of RI in the EU and East Asia. It argues that there are important and valid aspects of comparison, such as the origins and objectives of these two regions, but fewer points of comparison between the two when it comes to achieving their objectives. It suggests that historical differences between the two regions constitute the major reason that a direct comparison is neither useful nor productive. It analyses the centrality and the exceptionalism of the EU in much of the comparative RI literature. It agues that the promotion of the EU experience as a form of model or paradigm is far from analytically helpful – the method of comparative analysis needs be the focus of our study as much as the objects of comparison. The article examines how the centrality of the EU in some an...

A total of 99 of the Supreme Court of Canada's decisions contain the 2 For instance, in Rodriguez v. British Columbia (A.G.) (1993) the Court used section 7's rights to life, liberty, and security of the person interchangeability with the values of life, liberty, and security of the person. 3 In Mark Harding's (2011) account, the Supreme Court has invoked Charter values to alter common law precedents and to resolve ambiguous statutes. 4 Indeed, as we shall see below, the Secession Reference referred to unwritten "principles" and "values" (including Charter values) synonymously throughout. 5 The Alberta Labour Reference is one of the three Labour Trilogy Supreme Court decisions handed down on the same day in 1987 (Reference Re Public Service Employee Relations Act (Alta.); PSAC v. Canada; RWDSU v. Saskatchewan). These cases dealt with interrelated labour issues such as: provincial legislation prohibiting essential public sector workers from striking, federal legislation altering public sector wages outside of collective bargaining, and back to work legislation.

Part of the Constitutional Law Commons Introduction This Introduction is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in Osgoode Hall Law Journal by an authorized editor of Osgoode Digital Commons.

Abstract: This report by the National Study of Charter Schools provides descriptive information on charter schools that were operating in the 1998-99 school year. The document addresses three major questions:" How have charter schools been ...

Although one of the three major regional human rights bodies in the world, the African Commission on Human and Peoples' Rights has remained largely unexamined by lawyers. This situation is particularly unfortunate because the approach to human rights protection and promotion advanced by the African Commission is perhaps the most innovative of the three. Rachel Murray's recent book is a carefully constructed illustration of the importance of the Commission. Instead of attempting to provide a detailed survey of the jurisprudence or decisions of the Commission with regard to each article of the African Charter of Human and Peoples' Rights, the book focuses on some of the most important legal developments under the Charter.1 In doing so, the book offers the reader an in-depth view of three important areas in which the Commission's views have been uniquely innovative: the definition of human rights under the Charter, the non-derogation of human rights norms under the Charter, and non-contentious dispute resolution under the Charter. The first concerns the understanding of human rights in Africa, which the author discusses in chapters 3 and 4, entitled "The Notion of the State" and "The Issue of Personality." In Chapter 3, she points out that African states are not defined in terms of the Westphalian concept to which western scholars often relate; instead, the African state is a much more heterogenous assimilation of individuals, communities, and government. Particularly important is the Commission's flexible approach to personality.2 The author points out how the Commission, and indeed the Charter itself, incorporates an expanded understanding of the reach of international human rights law. This is especially apparent in the articles of the Charter setting forth the duties of the individual.3 While this has been pointed out by other observers of the African system,4 Murray contributes a review of some important statements of the Commission as she examines the personality of states, individuals, non-governmental organizations, and peoples in the context of the Charter. In Chapter 5 the author deals with the non-derogable nature of the Charter under the title "The Law Applicable in Times of War and Peace." This chapter highlights the several decisions of the African Commission whereby states have been denied the right to derogate from the provisions of the Charter under any circumstances, even of war or of civil unrest.5 This striking feature of the Charter, a result of the Commission's interpretation and not explicitly laid out in the Charter, makes the African system perhaps the most advanced system for the protection of human rights in the world. It removes the right of states-one that has been frequently exercised based on explicit provisions in the respective regional and universal treaties-to derogate from human rights in the interest of ensuring the public order or even the continued existence of the state. In other words, in the African system, human rights apply at all times without exception. These brave and farsighted holdings by the Commission form a lex specialis for African states that differs from the discretion allowed to threatened states by the International Court of Justice in its Advisory Opinion on Nuclear Weapons.6 It is a holding that also stands in stark contrast to the attempt by the Inter-American Commission on Human Rights, in Juan Carlos Abella v. Argentina, to apply international humanitarian law, instead of international human rights law, to armed conflicts.7 A discussion of ways in which the Commission's holding differs from the decisions of these two international bodies would have been more relevant than the brief reference to European jurisprudence that is included.8 Nevertheless, the author uses the natural entry point of the Commission's most far-reaching holdings to suggest that the non-- derogability of human rights might indeed be the most beneficial approach for the international community. …

Cette communication s’interesse a l’impact qu’a eu la Charte canadienne des droits et libertes sur la citoyennete canadienne. Ici, le concept de citoyennete est compris au sens large comme comprenant quatre dimensions: statut legal, acces a des droits, implication dans une activite politique et un sens d’identite et solidarite partage avec d’autres. Afin de mesurer l’impact de la Charte sur ses quatre dimensions de la citoyennete, la communication analyse quatre jugements recents de la Cour supreme du Canada: Lavoie c. Canada (2002), Sauve c. Canada (2002), Chaoulli c. Quebec (2005) et Nguyen c. Quebec (2009). Finalement, la communication suggere que la jurisprudence basee sur la Charte a fait la promotion d’un modele de citoyennete liberale, contrairement a celle des modeles communautarien et republicain.

, the newly appointed Information Commissioner, Robert Marleau, echoed the concerns raised by previous commissioners. He stated: "Despite much progress since 1983, there remain impediments to the full realization of Parliament's intent as expressed in the [Access Act]. Too often, responses to access requests are late, incomplete, or overly-censored. Too often, access is denied to hide wrongdoing, or to protect officials or governments from embarrassment, rather than to serve a legitimate confidentiality requirement.

Arizona’s “Wild West,” free-market education approach via school-choice policies reflects the expansion of neo-liberal reforms, which emphasize private provision and governance of public services once markets are established. Indeed, charter schools, tax credit programs for public (state) and private schools, inter-district open enrolment, and neovouchers are changing Arizona’s traditional public school systems and the communities where they are situated. It is known that new, incentivist market-based systems can result in decreased democratic school accountability and the thinning of collective democratic political actions. Further, the rapid entry and growth of not-for-profit and profit-making charter schools and education management organizations in the USA raises questions about equitable student access. It is not fully understood, however, how mature school-choice systems affect local communities “on the ground”—that is, how are school policies understood and acted out? This study employed ethnographic methods to analyze the perceptions and actions of community stakeholders in Arizona, including school leaders, teachers, parents, students, and institution and community organizers, at one district public school and in its surrounding community, including its charter schools. The author examines issues of power, since all community actors are not equally able to engage in school-choice practices.

, studying legal challenges to pornography and prostitution that effectively challenge them as practices violating equality and other human rights in democratic systems. He focuses on judicial and legislative politics in Canada, Sweden, and the United States. Waltman's father was brought up in Toronto, moving to Sweden as an adult. The author initially engaged in analyzing the Bedford decisions after being asked to state an opinion about them by Canadians who were making a documentary film on prostitution. Making progress in his analysis, he realized that it was necessary to write a full-length article to properly assess the evidence, arguments, and potential impact of the decisions. At the end of the process, he came to believe that the country and province he had admired for its commitment to social equality risked becoming a magnet and haven for traffickers and pimps if the Bedford ruling in the Court of Appeals for Ontario was allowed to stand. As a final decision was handed down in the Supreme Court of Canada on December 20, 2013, these fears have been significantly strengthened. The result of his analysis is presented in this Article. * The author expresses particular gratitude for the helpful comments and suggestions by Professor Catharine A. MacKinnon. Without the request for an interview by Michelle Brook, this article might not have been written. Parts of the article were circulated as an early working paper issued by the Department of Political Science, Stockholm University, in 2012. Any translations are the author's, if not stated otherwise.

The 'international community' is omnipresent in international debates. It is a point of reference. Much international action is undertaken in its name. And many a catastrophe – from Aleppo to climate change – is portrayed as a failure of the international community. As is clear from these random references, the functions, meanings and content of the concept of 'international community' are fluid: it is as appealing as it is evasive – and in fact, often it appeals precisely because it is evasive, and because a wide range of diverse, sometimes competing, meanings and expectations are projected onto it. The working paper seeks to unveil some of the functions, meanings and expectations projected upon the notion of 'international community'. While it focuses on debates in one particular field, viz. international law, its themes are of significance to a wider audience.

Pennsylvania’s Constitution mandates that the Commonwealth provide “for the maintenance and support of a thorough and efficient system of public education to serve the needs of the Commonwealth.” Pennsylvania decided to add charter schools to this system in 1997, a decision that, like all legislation, must be considered in light of this constitutional commitment to public education and to its role in preparing the Commonwealth’s students for their participation in democracy. Charter schools cost money and the vast bulk of that money comes directly out of the budgets of Pennsylvania school districts. Pennsylvania spent nearly $1.7 billion on charter schools in 2016-2017. Pennsylvania also underfunds its school districts. It ranks 46 out of 50 states for the state contribution to education funding and has the dubious honor of having the largest gap in the country between highly funded districts and poorly funded ones. Those districts also have the responsibilities of authorizing new c...

Charter schools embody the theoretical potential to promote integration since they can draw students from across district boundaries that often reflect segregated residential patterns. While a number of studies have examined overall racial composition of charter schools, virtually no attention has been paid to how charter school enrollment patterns may have changed over time—a key for understanding the potential of these schools to exacerbate or ameliorate student sorting. We examine questions of school mix by comparing the integration indices of charter schools over time. The analysis indicates that integration in charter schools has improved slightly in the majority of states but that in several states charter schools are seeing increased segregation.

ABSTRACT This article examines charter school reform in the midst of gentrifying urban spaces and documents, through extant research and the findings from our research, the role of school choice in perpetuating school segregation in racially diverse neighborhoods. We argue that 65 years after Brown v. Board of Education, the more the specific mechanism—policies and contexts—of racial segregation in education change, the more solidified the hierarchies of status and prestige that perpetuate segregation remain the same. Racial segregation today, for instance, remains grounded in a belief system of black and Latinx inferiority—a racial hierarchy of valued knowledge and culture, and thus a racialized understanding of “good” schools and students. We organize our research findings on gentrifying neighborhoods and school choices within New York City into three levels to illustrate the current processes of racial segregation: 1) the macro-level neoliberal and free market reform context, 2) the meso-level terms of engagement as schools functions within that market, and 3) the micro-level of individual school choices of parents within this context defined by inequality and standardized test-based accountability. We conclude that the current school choice and market-based school reform education policies will lead to more, and not less racial, ethnic and cultural segregation as the segmented market does its job. The losers are the children and our democracy within a diverse and increasingly divided nation.

Factors Potentially Influencing Suspensions at an Affiliated Charter High School by Debra Denise Bryant MA, Pepperdine University, 2005 BA, University of California, Santa Cruz, 1995 Project Study Submitted in Partial Fulfillment of the Requirements for the Degree of Doctor of Education Walden University December 2018 Abstract Federal government agency reports have documented concerns regarding the use of school discipline and suspension indicating that Black students are referred for discipline and/or suspended at a higher rate than students of other ethnicities. Available data from the local school district involved in this study reflected similar troubling patterns of discipline referral and suspension. The purpose of this study was to determine if variables such as ethnicity, socioeconomic status, and gender predict the likelihood of receiving discipline referrals or being suspended at an affiliated charter high school in the local school district. Guided by Bandura’s social lea...

The Charter of Workers' Rights was a major achievement of the Italian Socialist Party and of the center-left governments. This article explores some of the factors in the international context that allowed for a period of reforms in Italy. Changes in the policies of the US administration; a difficult leadership succession in the Communist Party of the Soviet Union; the renewal of the Catholic Church thanks to the Vatican Council; and the enlargement of the Italian working class plus the role of the Socialist Minister of Labor must all be given credit for a truly significant piece of legislation. The Charter also contained a vision of the future, of a new society, still to come. JEL codes: J5, K31, Z13

Many Canadian provinces are looking to Alberta for guidance about charter schools. This case study examines the closure of one charter school to identify the obstacles other schools may face. This study uses critical policy analysis and the "politics of interpretation " to examine the political context of educational policy issues. While linear models of policy analysis fail to allow for feedback, the approach used here includes a consideration of implicit and explicit rules and values, the interests of diverse groups, and the assumptions embodied in contrasting educational paradigms. Alberta's political climate, coupled with budget austerity during hard economic times, created pressures for reform driven by key stakeholders from the Ministry of Education and the community. There were no organized parental groups participating in the push toward charter schools, and legislation enabling pilot programs was advanced before substantial opposition emerged. A lack of clear...

The article shows the importance of the adoption of the UN Charter. The rules and principles of international law embodied in the Charter of the United Nations, form the basis of modern law and order, the preservation of peace and allow to overcome international conflicts. The United Nations is a multilateral international organization and the efficiency of its operations affect the consistency of the positions of the Member States, the degree of interaction in the UN Security Council. The credibility of the UN and its legitimacy, breadth of competence and representativeness allow staff to play an indispensable role in global politics, economic and humanitarian cooperation. In order to maintain the stability of the present world order is necessary to keep the preservation of the basic foundations of international law, the improvement of international legal categories in order to eliminate double standards in law enforcement. Cooperation in the framework of the UN is necessary in sol...

The UN Charter acknowledges the right of the UN Security Council to use force to address threats to international peace and security in case of acts of aggression. The Charter, however, does not expressly recognize the right to use force to protect the people of a State against their own governing authorities even when they face genocide, massive internal and external displacements of population, widespread violence, and mass starvation. In the post-Cold War era, the UN Security Council has authorized humanitarian intervention in Iraq (1991), in Somalia (1992), in the Former Yugoslavia (1992), and in Rwanda (1994). Although the cases each involve different circumstances, they share one momentous motive, that the Security Council determined that human rights violations in these countries had consequences which threatened international peace and security and thus, the Council invoked the provisions of Chapter VII of the UN Charter. These interventions have raised difficult questions o...