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Police Powers (police + power)
Selected AbstractsPROPERTY RIGHTS LEGISLATION AND THE POLICE POWERAMERICAN BUSINESS LAW JOURNAL, Issue 3 2000LYNDA J. OSWALD First page of article [source] A Reevaluation of the New York Court of Appeals: The Home, the Market, and Labor, 1885-1905LAW & SOCIAL INQUIRY, Issue 3 2002Felice Batlan Closely examining a range of New York Court of Appeals police-power cases during the period 1885 to 1905, this article demonstrates that the New York Court had a long history of accepting and continually expanding the police power. In these police-power cases, one finds the court grappling with an evolving sense of how to balance the concept of and need for a well-regulated society against the rights of an individual in an increasingly complex and interconnected world, as well as a tenacious refusal to abandon Victorian bourgeois norms regarding the dichotomy between the home and workplace. By contextualizing and historicizing New York Court of Appeals cases, the article challenges the dominant historiographical interpretations about late-nineteenth-century law. Moving away from a paradigm that labels the court conservative or liberal, formalist or realist, it argues that the court participated in creating a regulatory state while also employing a reasoning that adopted a sharp distinction between the market and the site of the domestic. [source] Courts, the new constitutionalism and immigrant rights: The case of the French Conseil ConstitutionnelEUROPEAN JOURNAL OF POLITICAL RESEARCH, Issue 6 2004Christian Joppke Immigrant rights are located within a broader ,new constitutionalism' (especially in postwar Europe), in which courts have abandoned their traditional passiveness toward the political process and taken on the role of de facto legislator. Analyzing the immigration jurisprudence of the French Conseil Constitutionnel, we argue that courts are torn between two opposite imperatives: to protect an especially vulnerable category of people from the enormous police powers of the modern administrative state; and to respect an elementary exigency of sovereign stateness , that is, the capacity to draw a distinction between ,citizens' and ,aliens' as differently situated persons without a right of entry and permanence. [source] Disproportionate and Discriminatory: Reviewing the Evidence on Police Stop and SearchTHE MODERN LAW REVIEW, Issue 6 2007Ben Bowling Eight years after the Lawrence Inquiry, the question of police powers to stop and search people in public places remains at the forefront of debate about police community relations. Police are empowered to stop and search citizens under a wide range of legislative acts and the power is employed daily across Britain. Far from laying the debate to rest, the Lawrence Inquiry prompted new research studies and fresh theories to explain the official statistics. We argue that the statistics show that the use of the powers against black people is disproportionate and that this is an indication of unlawful racial discrimination. If stop and search powers cannot be effectively regulated , and it seems that they cannot , then their continued use is unjustified and should be curtailed. [source] | ||||||||||