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51.
Fletcher R 《Osgoode Hall law journal》1998,36(1):1-62
This article asks how Irish abortion law developed to the point of stopping a young pregnant rape victim from travelling abroad to have an abortion in 1992 (Attorney General v.X). The author argues that this case, which ultimately saw the Irish Supreme Court overturn that decision and recognize the young woman's right to abortion, was the last chapter of the fundamentalist narrative of Irish abortion law. The feminist critique of that law needs to consider its particular fundamentalist aspects in order to clarify the obstacles posed to the struggle for Irish women's reproductive freedom. The author argues that a fundamentalist narrative ordered the post-colonial and patriarchal conditions of Irish society so as to call for the legal recognition of an absolute right to life of the "unborn." The Supreme Court's interpretation of the constitutional right to life of the fetus in three cases during the 1980s is evidence that Irish abortion law was constructed through a fundamentalist narrative until that narrative was rejected in the Supreme Court decision in Attorney General v. X. 相似文献
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Fletcher J 《Southern California law review》1978,51(6):1131-1140
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Brian Fletcher 《Australian Journal of Public Administration》1979,38(3):246-262
As a governor, Ralph Darling is remembered more for his authoritarian behaviour and harsh rule than for his administrative achievements. Only recently have historians shown much awareness of the important reforms which he made in the machinery of government. Yet, although attention has been drawn to this aspect of his work it has not been adequately examined. The tendency is still to concentrate on the colourful and controversial features of his regime, pushing to one side its more mundane developments. Admittedly, there are exceptions. J. W. Cell included an interesting section on Darling in British Colonial Administration in the Mid-Nineteenth Century , as did J. J. Eddy in Britain and the Australian Colonies. The first of these treatments is too brief, however, and the second concentrates on those aspects affected by the attempts of the British Treasury to exert more influence over colonial administration. Despite these books, the valuable thesis on the Colonial Secretary's Office by G. D. Richardson and the helpful prefaces that appear in the various guides to the records of government departments, prepared by the State Archives of New South Wales, much remains to be done. Most of the departments that existed under Darling still await detailed treatment both in themselves and in relation to the overall changes that were made between 1825 and 1831. As matters stand, there is a gap not only in what was a vital era in the administrative history of New South Wales, but also in Darling's own record. The present paper attempts to repair this omission. 相似文献
59.
Natasha Hamilton-Hart Blair Palmer 《Studies in Comparative International Development (SCID)》2017,52(4):416-435
How do we explain high rates of investment in the production of oil palm in Indonesia under conditions of legal uncertainty and uneven protection of property rights? This article argues that what are commonly seen as deficiencies in the formal institutional environment actually enabled investment, but only when informal institutions were able to provide investor assurances. Although the finding that informal institutions provide investor assurances is not new, this study addresses outstanding questions about how such informal institutions work. An examination of the micro-level details of informal institutions in the oil palm industry shows that informal institutions frequently grouped under umbrella terms such as ‘patronage’ or ‘relational ties’ are not uniform. Rather, two types of informal relational tie operate to provide investor assurances: clientelistic and co-investment. Although they serve similar purposes, clientelistic ties work well only under restrictive conditions and are vulnerable to decay. Co-investment, in contrast, is a more robust informal institution, especially when political power is fragmented. Although co-investment provides investor assurances under conditions of legal uncertainty, it remains a particularistic solution and does not guarantee generalized public interest protections. 相似文献
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Valerie Bryan Crystal Collins‐Camargo Natasha Anderson Courtenay Kantar 《Juvenile & family court journal》2011,62(2):35-52
Many jurisdictions have instituted child protection mediation programs (CPM) for the purposes of reducing the length of children's stays in out‐of‐home care and decreasing court system burden, and numerous studies have shown promising results. However, important implementation and sustainability problems persist. This article presents a case study's findings and retrospectively interprets underlying reasons for challenges the program faced in implementation. Study implications call for a more structured planning process, including early partnership with experienced court‐based evaluators to develop successful marketing and recruitment strategies that may encourage stakeholder endorsement and foster sustainability. 相似文献