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Keywords: state action
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Journal Article
State Complicity: Settler Colonialism, Multisided Violence, and Missing and Murdered Indigenous Women and Girls in Canada
Paulina García-Del Moral
Social Politics: International Studies in Gender, State & Society, jxae013, https://doi.org/10.1093/sp/jxae013
Published: 23 August 2024
... that these acts of omission and commission are rooted in a context of “multisided violence” that is colonial in nature: state action and inaction reproduce and normalize the conditions in which Indigenous women and girls can be murdered with impunity. I analyze reports by Indigenous and feminist civil society...
Journal Article
Antitrust liability for licensing boards after North Carolina Dental: antitrust preemption as a penalty default?
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James C. Cooper
Journal of Antitrust Enforcement, Volume 5, Issue 1, April 2017, Pages 1–21, https://doi.org/10.1093/jaenfo/jnw006
Published: 09 July 2016
... regulatory structure, rather than a subjective weighing of competition and non-competition concerns. Antitrust state action FTC North Carolina Dental federalism pre-emption occupational licensing L44 K21 L51 L84 Most professions in the USA are regulated by boards composed of industry...
Journal Article
Brother, may I?: the challenge of competitor control over market entry
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Maureen K. Ohlhausen and Gregory P. Luib
Journal of Antitrust Enforcement, Volume 4, Issue 1, April 2016, Pages 111–133, https://doi.org/10.1093/jaenfo/jnv028
Published: 10 September 2015
... , and McWane —all in some way involved the need to seek the permission of competitors to enter a market, and this article addresses each case in turn. Federal Trade Commission antitrust state action immunity certificate-of-need laws exclusive dealing In addition, the authors have been strong supporters...
Journal Article
Judicial review of anticompetitive state action: two models in comparative perspective
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Daniel A. Crane
Journal of Antitrust Enforcement, Volume 1, Issue 2, October 2013, Pages 418–436, https://doi.org/10.1093/jaenfo/jnt006
Published: 25 June 2013
...Daniel A. Crane The American state action doctrine derives from Parker v Brown, 4 in which the Supreme Court rejected both negative commerce clause and Sherman Act challenges to a California agricultural proration scheme that sharply limited the volume of raisins produced...
Chapter
Published: 14 December 2010
...This chapter addresses differences in how the U.S. Constitution and many individual state constitutions approach the state action requirement in enforcing constitutional rights. In contrast to the U.S. Constitution, which generally requires state action as a predicate to the adjudication...
Chapter
Published: 05 October 2015
.... Kraemer Hurd v. Hodge Fred Vinson Department of Justice State Action Harry S. Truman As St. Louis attorney George Vaughn neared the end of his allotted time before the U.S. Supreme Court, something began to rise inside of him. The aging veteran had spoken for nearly thirty minutes, his address...
Chapter
Regulating Islam
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Avi Max Spiegel
Published: 26 May 2015
...This chapter considers the question of how an authoritarian Arab state enables or encumbers Islamist mobilization. It elucidates a different model of state action—different in both content and form: in what policies are pursued and in how they are implemented. The chapter suggests that the Moroccan...
Chapter
The Sex Wave
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Elizabeth Heineman
Published: 15 August 2011
...-protective anonymity. During this period, sexual consumption went public, which suggests that this sex wave was not triggered by state action and that it represented a new type of behavior in the marketplace brought about the West Germany's increasing wealth. birth control pill magazines marketing...
Chapter
Constitutional Limitations: Due Process of Law
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Scott Burris and others
Published: 12 September 2018
... for governmental action: one about involuntary sterilization and one about Ebola. The chapter concludes with a brief discussion of the “state action doctrine” that defines which public health actors may be challenged on due process grounds. Bill of Rights Constitution constitutional limitations Due Process...
Chapter
Published: 06 June 2017
... justification for state action at a propitious time. Economic Journal Economics of Welfare The Pigou Edgeworth F Y Marshall Alfred Oxford Pigou Arthur Cecil Wealth and Welfare Pigou welfare economics abstraction economics at Cambridge ethics as distinct from economics market Marshallian economics...
Chapter
Published: 07 June 2013
...This chapter examines aspects of federal jurisdiction, including diversity cases and the gnawing problems of state action, in hopes of striking a workable balance between federal and state courts. In particular, it discusses four pillars of federal-state court relations: federal violations—federal...
Chapter
A Global Perspective on State Action
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Damien M. B. Gerard
Published: 13 June 2012
... to pursue redistributive objectives. Hence, it is time to depart from the state action doctrine as developed by the EU courts and to consider public restraints through different lenses other than private practice. Gerard Damien M B essay by Muris Timothy State action China Anti Monopoly Law Fox Eleanor...
Chapter
Privatization and Competition Policy
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Alexander Volokh
Published: 21 May 2014
... as it helps to avoid certain anticompetitive regimes that govern public enterprise—for example, the antitrust state action doctrine, certain aspects of the dormant commerce clause, and government immunity doctrines. privatization scope of government and privatization Bentham Jeremy denationalization...
Book
Published online: 21 May 2020
Published in print: 27 August 2019
... serves as a permissive and even empowering source of legitimation for state action—including violence and torture. Rather than a civilizing force that holds the promise of universal peace, international law is a deeply politicized set of practices driven by the pursuit of particular interests and desires...
Chapter
Conclusion
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Diana S. Kim
Published: 18 February 2020
... that retrospective assessments, ways of archiving official records, and interpretation by low-level administrators may define reasons that higher officials take for granted as imperatives for state action. administrator colonialism Scott James G bureaucracy Smeaton Donald MacKenzie state discretionary power...
Book
Private Censorship
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J.P. Messina
Published online: 21 September 2023
Published in print: 21 December 2023
Chapter
Is the First Amendment Outdated?
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Michael J. Glennon
Published: 14 December 2023
... wishes. How can the marketplace of ideas model be squared with these two doctrines: state action and government speech? This chapter presages the remainder of the book in answering that the First Amendment cannot mean that the speech interests of only the government and internet companies are protected...
Chapter
The Romantic Lie in the Brain: Collective Agency, Moral Responsibility, and the State
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Brookes Brown
Published: 30 April 2024
... of all determine, ‘what is a state?’” responsibility unitary sovereign model Stilz Anna Lawford Smith Holly fairness traditional state actor tests public function tests state action doctrine principle s extra governmental power Rawls John distributive justice collective responsibility state...
Chapter
Human Rights Controls on the Delegate
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Catherine M Donnelly
Published: 22 November 2007
... of the public sphere’. Second, an overview of the law in all three jurisdictions is presented, considering the US ‘state action’ doctrine; the definition of ‘public authority’ in Section 6(3)(b) of the Human Rights Act 1998 (including the YL case); and relevant ECJ jurisprudence. Finally, a suitable framework...
Chapter
From Margins to Mainstream? State Climate Change Planning in India
Navroz K. Dubash and Anu Jogesh
Published: 21 November 2019
... rights are reserved. In 2009, the Government of India requested states to develop State Action Plans on Climate Change. Based on a detailed analysis of five state climate plans, this article finds that climate plans provide an important institutional platform to mainstream concerns of environmental...
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