Individual Rights

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How To Reconcile The Conflict Between Individual Rights And Collective Responsibility Toward The Commons

How To Reconcile The Conflict Between Individual Rights And Collective Responsibility Toward The Commons

In order to respond to the question, “How can we reconcile the conflicts that exist between our individual rights and our collective responsibilities for the Commons?” students examine a variety of documents (artwork, an essay, a law, a graph, etc.) and develop a list of criteria that they believe will support the reconciliation of individual rights with collective responsibilities. The drafted criteria are then tested when students apply them to a series of scenarios. As a result of these test runs, and subsequent critical conversations, the criteria are revised and posted. During the course of the rest of the year, they are used to mediate conflicts that arise between individual rights and responsibilities to the Commons.
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A Rational Choice Reflection on the Balance Among Individual Rights, Collective Security, and Threat Portrayals Between 9/11 and the Invasion of Iraq

A Rational Choice Reflection on the Balance Among Individual Rights, Collective Security, and Threat Portrayals Between 9/11 and the Invasion of Iraq

Robert Bejesky (2012) "A Rational Choice Reflection on the Balance Among Individual Rights, Collective Security, and Threat Portrayals Between 9/11 and the Invasion of Iraq," Bar[r]

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Privacy and Electronic Access to Court Records in New Jersey Individual Rights Section 1 New Jersey State Bar Association

Privacy and Electronic Access to Court Records in New Jersey Individual Rights Section 1 New Jersey State Bar Association

The Individual Rights Section respectfully submits that while the Model Policy and federal report provide a starting point for discussion, they tend to oversimplify the ramifications of Internet publishing for the judiciary and society at large. According to the American Bar Association, several state legislatures, courts, and other agencies are slowing down Internet publication fearing that privacy rights are being trampled in the quest for greater efficiency. 3

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What Prohibition Teaches About Guns and Abortion: How Alcohol Can Save Individual Rights

What Prohibition Teaches About Guns and Abortion: How Alcohol Can Save Individual Rights

consider negating the rights recognized in Roe and Heller, it must contend with the due-process consequences of upsetting the settled expectations of individuals. 12 Advocates in favor of either Roe or Heller have the challenge of explaining how excising individual rights impacts society writ large. Proponents of individual rights must be creative, directing the Court’s attention to extrajudicial sources amid a dearth of apposite judicial decisions. And for that, Prohibition offers a glimpse into a world laboring in the absence of a once-recognized right. How society behaved during the only time a constitutional amendment was ratified and then repealed is instructive of what might happen if gun or abortion rights vanish. 13
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commitment to individual rights and fairness. During this period, the rights of people with mental illness dominated.

commitment to individual rights and fairness. During this period, the rights of people with mental illness dominated.

B. A more controversial patient right is the right to refuse treatment, particularly with respect to psychotropic (antipsychotic) medications. This often pits mental health concerns against individual rights. In addition, the issue has arisen as to whether one can be forced to become competent.

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RACIAL PREFERENCES THE RIGHTS OF COLLEGE STUDENTS A HANDBOOK IN HIGHER EDUCATION. A Project of the Center for Individual Rights

RACIAL PREFERENCES THE RIGHTS OF COLLEGE STUDENTS A HANDBOOK IN HIGHER EDUCATION. A Project of the Center for Individual Rights

Justice Powell thought that intellectual diversity was a sufficiently compelling interest to justify taking into account the race of individual applicants. Just as firmly, Powell said that “simple ethnic diversity” is not a compelling state interest. Rather, diversity must “encompass a far broader array of qualifications and characteristics of which racial or ethnic origin is but one.” In a constitutional admissions program, Powell said, race may be “a ‘plus’ factor in a particular applicant’s file,” yet it cannot be systematically used to “insulate the individual from comparison with all other candidates.” Most colleges and universities have a difficult time complying with Powell’s opinion in Bakke.
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Fairness and Utility in Products Liability: Balancing Individual Rights and Social Welfare

Fairness and Utility in Products Liability: Balancing Individual Rights and Social Welfare

Theory of Punishment, 65 T UL . L. R EV . 299, 324 n.93 (1990) (“If a judge were actually to follow a utilitarian theory of punishment, the judge might be required to punish a defendant who was widely believed to be guilty, even if the judge knew the defendant to be innocent.”); Louis Michael Seidman, Soldiers, Martyrs, and Criminals: Utilitarian Theory and the Problem of Crime Control, 94 Y ALE L.J. 315, 320 n.11 (1984). But see Guyora Binder & Nicholas J. Smith, Framed: Utilitarianism and Punishment of the Innocent, 32 R UTGERS L.J. 115, 118-19 (2000) (insisting that claims that utilitarianism could support the framing of the innocent are based upon a misapplication of an act-utilitarian ethic of individual behavior to the institutions and process necessarily central to utilitarian penology). Binder and Smith, however, do not appear to directly refute Carritt’s hypothetical, but rather dispute the conclusions of the hypothetical when applied to institutions with a uniform, utility-maximizing process. Id. at 133-35.
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How Far Can Court Procedure Be Socialized without Impairing Individual Rights

How Far Can Court Procedure Be Socialized without Impairing Individual Rights

If the court that deals with him is exercising chancery jurisdiction, no such constitutional right exists; and for the purposes of this discussion non-criminal courts with purely statuto[r]

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The biggest vested interest of all: how government lobbies to restrict individual rights and freedom

The biggest vested interest of all: how government lobbies to restrict individual rights and freedom

Dieter Bös offers a compelling model of bureaucratic lobbying that posits antagonistic competition between individual bureaucrats for a share of the budget, but cooperation to grow the pool. 15 Bös makes a further important point for our purposes here. The currency of bureaucratic lobbyists is time, not money. Most discussion of lobbying concerns issues like campaign contributions, as there is a popular perception of private sector actors as dominating lobbying. The calculation of a car company lobbying for subsidies – where it could justifiably spend on lobbying up to the benefit of the subsidy less a reasonable rate of return – does not hold for public sector agents. Bureaucracies have no other means by which to “profit” other than lobbying. Public sector lobbying has one significant advantage over private sector lobbying: access. Corporations donate to campaigns in order to gain access. Bureaucracies, institutionally embedded in the political system, already have that access.
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Restoring the balance between individual rights, insurers and the community

Restoring the balance between individual rights, insurers and the community

A claimant may have undergone spinal surgery to remove a disc or fuse vertebra, and after the condition has stabilised, still not be assessed at greater than 5%. Such claimants have no entitlement to pain and suffering damages, even though the injury is likely to significantly and permanently impact upon their quality of life. Lowering the psychiatric threshold to at least 10% would only have a minor effect on the rate of claims for psychiatric injury. A claimant would still need to show a diagnosable psychiatric condition and only primary (as opposed to secondary) impairment can be assessed. However lowering the psychiatric threshold to 10% would reinstate the rights of a small number of claimants who suffer severe, permanent, primary psychiatric injury but are currently excluded from obtaining any compensation for pain and suffering.
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When National Security Trumps Individual Rights

When National Security Trumps Individual Rights

that, after 12 o'clock May 8, 1942, all persons of Japanese ancestry, both alien and non-alien, were to be excluded from a described portion of Military Area No. 1, which included the County of Alameda, California. The order required a responsible member of each family and each individual living alone to report, at a time set, at a Civil Control Station for instructions to go to an Assembly Center, and added that any person failing to comply with the provisions of the order who was found in the described area after the date set would be liable to prosecution under the Act of March 21, 1942, supra. It is important to note that the order, by its express terms, had no application to persons within the bounds 'of an established Assembly Center pursuant to instructions from this Headquarters * * *.' The obvious purpose of the orders made, taken together, was to drive all citizens of Japanese ancestry into Assembly Centers within the zones of their residence, under pain of criminal prosecution.
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CHAPTER20 Civil Liberties: Protecting Individual Rights

CHAPTER20 Civil Liberties: Protecting Individual Rights

• Starting in 1968, the Supreme Court breathed new life into the 13th Amendment by upholding provisions in the Civil Rights Act of 1866, a little-known law that had escaped repeal in the late 1800s. In a series of landmark cases, the Supreme Court found that private citizens could not practice racial discrimination to exclude people on the basis of their color. They also expanded the law to include any group

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Biobanking research on oncological residual material: a framework between the rights of the individual and the interest of society

Biobanking research on oncological residual material: a framework between the rights of the individual and the interest of society

The consent for clinical research reported in the Helsinki Declaration regards research involving human beings and for this reason it is subordinate to specific and detailed information on the research projects. The OPT-IN consent for oncological residual material bio- banks, which involves research on reversible anonymized samples, should be viewed as a “broad” consent, well- structured in terms of information, where the approval of future research projects, different from the original ones, has to be the responsibility of the Ethical Commit- tee. In this way we can guarantee the balance between the protection of individual rights and the interest/bene- fit of society in creating and maintaining biobanks. Biobank research, aiming to improve medical and scien- tific knowledge obviously related to prevention, treat- ment and therapy of diseases that is clearly in the interest of the single donor, is considered as belonging to the society as a whole. This will mean that when pa- tients are faced with decisions of whether or not to par- ticipate in residual materials biobanking, they will be better equipped with a motivational understanding of its significance, which is necessary to reflect upon and in- terpret the situation and what is being asked of them, and to realize their active solidarity for society’s com- mon good.
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Construals of Human Rights Law: Protecting Subgroups As Well As Individual Humans

Construals of Human Rights Law: Protecting Subgroups As Well As Individual Humans

The assertion of unique subgroup rights in contrast to individual rights was studied by presenting participants with scenarios suggestive of human rights violations. These included possible violations of privacy rights of indigenous Australians (Study 1), civil and political rights of indigenous Australians under mandatory sentencing schemes (Study 2), privacy rights of students in comparison to public servants (Study 3), refugee rights (Study 4), and reproductive rights of lesbians and single women in comparison to married women and women in de facto relationships (Study 5). The scenarios were based on real policy issues being debated in Australia at the time of data collection. Human rights activists participated in Studies 4 and 5. In Study 5, these activists participated via an online, web-based experiment. Both quantitative and qualitative data were collected.
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'The rights and freedoms of others': The ECHR and its peculiar category of conflicts between individual fundamental rights.

'The rights and freedoms of others': The ECHR and its peculiar category of conflicts between individual fundamental rights.

Professor George Fletcher has used the example of ‘flag-burning’ to emphasize the different ways in which the same basic social conflict might be conceptualized in different legal systems and to show the role ‘duties’ may play in this respect. Flag- burning, as an instance of symbolic speech, opposes societal and individual interests in freedom of expression on the one hand, and societal and individual interests in public order and the protection of social cohesion on the other. According to Fletcher a German lawyer might well formulate the relevant conflict in the ‘language of duties’. 52 At the same time, Fletcher argues, “it is doubtful that an American lawyer could be brought to conceptualize the problem of flag burning as a matter of civic duty rather than of conflicting rights and interests. The grooves in the American legal mind lead one toward identifying the rights of the individual and the opposing interests of the state or community. There is no slot for duty (…)”. 53 Flag-burning specifically is not especially likely to be seen by any legal order to involve conflicting individual rights, but Fletcher’s observation may easily be extended to such cases. Moreover, the European Court, in its case-law on expression deemed hurtful by many in the relevant population, has spoken of a conflict between Article 10 rights of applicants and “the rights of citizens not to be insulted in their religious feelings by the public expression of views of other persons”. 54 Cases involving very similar factual constellations to flag-burning have, therefore, actually been treated as ‘conflicts of fundamental rights’ by the Strasbourg Court.
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Rights of Transgender/Transsexual and International Human Rights'

Rights of Transgender/Transsexual and International Human Rights'

International human rights instruments protect against the arbitrary deprivation of liberty. Violations fall into Category I "when it is clearly impossible to invoke any legal basis justifying the deprivation of liberty (as when a person is kept in detention after the completion of his sentence or despite an amnesty law applicable to him)." This applies to instances when there is no legal justification for the detention. Category II applies "when the deprivation of liberty results from the exercise of the rights or freedoms guaranteed by Articles 7, 13, 14, 18, 19, 10 and 21 of the Universal Declaration of Human Rights and, insofar as States parties are concerned, by Articles 12, 18, 19, 21, 22, 25, 26 and 27 of the International Covenant on Civil and Political Rights." This means governments cannot detain individuals for exercising certain rights. Category III includes instances "when the total or partial non-observance of the international norms relating to the right to a fair trial, spelled out in the Universal Declaration of Human Rights and in the relevant international instruments accepted by the States concerned, is of such gravity as to give the deprivation of liberty an arbitrary character." This category protects individuals in legal systems that do not guarantee procedural rights. Most deprivations of the rights of sexual minorities fall under Categories II and III.
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HUMAN RIGHTS AND INTELLECTUAL PROPERTY RIGHTS:

HUMAN RIGHTS AND INTELLECTUAL PROPERTY RIGHTS:

Article 15(1)c should not be deemed to refer only to existing intellectual property rights but to the intellectual contributions made by different individuals or communities to knowledge. This is neither new nor contro- versial. In the past ten years, significant developments have taken place around the introduction of so-called sui generis forms of intellectual property rights to ensure that actors who cannot be rewarded under existing intellectual property rights are provided some form of legal protection. Two main issues have been considered. Firstly, in the context of Article 27(3)b of the TRIPS Agreement, the question of plant variety protection has given rise to proposals for the protection of farmers’ rights besides the rights granted to patent holders and com- mercial plant breeders. 21 While an international definition of farmers’ rights remains elusive at the international
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INTRODUCTION: LABOUR RIGHTS, HUMAN RIGHTS

INTRODUCTION: LABOUR RIGHTS, HUMAN RIGHTS

First of all, Nicolas Valticos — a judge at the European Court of Human Rights and former Assistant Director-General of the ILO — sets the stage. It is timely, he points out, “to recall certain fundamental truths and underline the values that are at stake.” Ever more rights are claimed as fundamental, and he sheds light on what is fundamental. He stresses the indivisibility of the human rights proclaimed in the Universal Declaration, the two Interna- tional Covenants of 1966 and international labour standards while, at the same time, explaining the relationships between them. Some would chal- lenge the universality of human rights, arguing their cultural specificity, but these rights “seek to protect the life and dignity of every human being. One must not confound the individual, and entirely appropriate, particularities of different cultures with the fundamental values of human civilization.” Yet the fundamental rights are not immutable; “conditions and concepts evolve.” He also introduces the ILO’s supervisory machinery, and its special combi- nation of tripartite discussion and decisions and independent monitoring. Noting that, despite setbacks, the overall trend in human rights is clearly positive, he foresees “another difficult period as a result of the advent of as yet unbridled globalization and economic liberalism”. There is much to stimu- late reflection in this text.
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Aboriginal Women's Rights as "Existing Rights"

Aboriginal Women's Rights as "Existing Rights"

Aboriginal Women's Rights as "Existing Rights" Lcs@mes autochtonrs du C a d luttmtdcpuis 1%7af;n q w kurt droits soimt reconnw m tant q w droits humains Ces droia i n c h t , mtre autres, k droit h L'[.]

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Lessons for children’s rights from disability rights?

Lessons for children’s rights from disability rights?

In addition, Art 4.2 - although repeating the orthodox distinction between, on the one hand, civil and political rights, which are ‘immediately applicable according to international law’ and, on the other, economic, social and cultural rights, which are subject to progressive realisation as resources permit - is worded differently from other versions of the distinct io n, such as that found in Art 4 CRC. The distinction in the CRPD must be read according to Art 4.2 ‘without prejudice to those obligations contained in the present Convention that are immediately applicable according to international law’. It might be that ‘those obligatio ns’ refers only to civil and political rights, but if that was the case, civil and political rights could have been explicitly mentioned in Art 4.2 and contrasted with economic, social and cultura l rights - which Art 4.2 does specifically refer to - and so arguably the best interpretation of its final stanza is that it countenances that some CRPD rights conventionally seen as economic, social or cultural could nonetheless be subject to immediate realisation; which lends support, for example, to the above reading of the significance of Art 7.3. At the very least, the final stanza of Art 4.2 introduces some ambiguity into interpretations of its potential scope and effect.
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