8 research outputs found

    WORKPLACE RELIGIOUS ACCOMMODATION FOR MUSLIMS AND THE PROMISE OF STATE CONSTITUTIONALISM

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    This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of Nebraska constitutional law on the subject of religious free exercise. We find that the language in the Nebraska Constitution regarding protection of religious practice provides grounds for Muslims and other religious minorities in Nebraska to seek religious accommodations in the workplace through state government venues that they have been unable to achieve under federal law

    WORKPLACE RELIGIOUS ACCOMMODATION FOR MUSLIMS AND THE PROMISE OF STATE CONSTITUTIONALISM

    Get PDF
    This article considers whether state constitutionalism provides greater possibilities for workplace religious accommodation than is currently available to religious minorities within federal law under Title VII of the Civil Rights Act of 1964. We approach this question via a case study of the controversy over religious accommodation for practicing Muslims employed by the JBS Swift and Company meatpacking plant in Grand Island, N E. The case study consists of analyses of the requirements for religious accommodation under federal law, examination of the reasons why religious accommodation under federal law was not achieved in the Grand Island case, and analysis of Nebraska constitutional law on the subject of religious free exercise. We find that the language in the Nebraska Constitution regarding protection of religious practice provides grounds for Muslims and other religious minorities in Nebraska to seek religious accommodations in the workplace through state government venues that they have been unable to achieve under federal law

    Watering the Plains: Political Dynamics of River Preservation in Canada and the United States

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    In this article we compare the Canadian Heritage Rivers System with the US Wild and Scenic Rivers Act and analyze case law in order to identify the best means of ensuring preservation of Great Plains rivers. We find that fear of federal dictates provides a powerful political weapon for opponents of river preservation policies. Therefore, we conclude that national officials should work with state, provincial, and local officials to develop cooperative plans that enable local residents to participate in river management decisions. Cooperative river management policies avoid the perception of federal government action as threatening to state sovereignty, thereby removing a significant rhetorical and political obstacle to water preservation

    Watering the Plains: Political Dynamics of River Preservation in Canada and the United States

    Get PDF
    In this article we compare the Canadian Heritage Rivers System with the US Wild and Scenic Rivers Act and analyze case law in order to identify the best means of ensuring preservation of Great Plains rivers. We find that fear of federal dictates provides a powerful political weapon for opponents of river preservation policies. Therefore, we conclude that national officials should work with state, provincial, and local officials to develop cooperative plans that enable local residents to participate in river management decisions. Cooperative river management policies avoid the perception of federal government action as threatening to state sovereignty, thereby removing a significant rhetorical and political obstacle to water preservation

    School Consolidation in Nebraska: Economic Efficiency vs. Rural Community Life

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    We examine the factors driving rural school consolidations, focusing our analysis on Nebraska. We consider statutory and case law, the school financing formulas that drive consolidation and the efforts by rural citizens to challenge those financing formulas in courts. We analyze how rural school consolidations have been framed in newspaper coverage, in order to see the dominant understandings of the cost-benefit tradeoffs in consolidating rural schools. Finally, we study three cases of rural Nebraska school districts for the insights these cases provide as to the challenges of sustaining rural community schools and the effects of consolidation on the students and the communities. Our conclusion is that schools play a vital role in sustaining rural community life, although the costs to the community when schools are consolidated are more difficult to quantify than the economies of scale that motivate those consolidations

    School Consolidation in Nebraska: Economic Efficiency vs. Rural Community Life

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    We examine the factors driving rural school consolidations, focusing our analysis on Nebraska. We consider statutory and case law, the school financing formulas that drive consolidation and the efforts by rural citizens to challenge those financing formulas in courts. We analyze how rural school consolidations have been framed in newspaper coverage, in order to see the dominant understandings of the cost-benefit tradeoffs in consolidating rural schools. Finally, we study three cases of rural Nebraska school districts for the insights these cases provide as to the challenges of sustaining rural community schools and the effects of consolidation on the students and the communities. Our conclusion is that schools play a vital role in sustaining rural community life, although the costs to the community when schools are consolidated are more difficult to quantify than the economies of scale that motivate those consolidations
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