32,946 research outputs found
The Obama Administration’s Decision to Defend Constitutional Equality Rather Than the Defense of Marriage Act
When President Barack Obama announced his view that the Defense of Marriage Act1 (DOMA) violated the Fifth Amendment’s guarantee of equal protection,2 he joined a storied line of Presidents who have acted upon their own constitutional determinations in the absence of, and on rare occasion contrary to, those of the U.S. Supreme Court. How best to proceed in the face of a federal statute the President considers unconstitutional can involve complex judgments, as was true of the difficult decision to enforce but not defend DOMA. Ordinarily the Department of Justice should adhere to its tradition of defending statutes against constitutional challenge, but I believe that DOMA constituted a rare exception. To defend DOMA’s discrimination would have required making arguments that the Obama Administration did not consider reasonable and that in their very making would have exacerbated the constitutional harm to the equality and dignity of Americans on the basis of sexual orientation. President Obama and Attorney General Eric Holder acted appropriately and admirably in choosing instead to present their actual views on sexual orientation discrimination, just as their predecessors did on racial segregation, thereby leaving DOMA’s defense to Congress and the ultimate resolution to the courts
Recommended from our members
Social Security Primer
[Excerpt] This report provides an overview of Social Security financing and benefits under current law. Specifically, the report covers the origins and a brief history of the program; Social Security financing and the status of the trust funds; how Social Security benefits are computed; the types of Social Security benefits available to workers and their family members; the basic eligibility requirements for each type of benefit; the scheduled increase in the Social Security retirement age; and the federal income taxation of Social Security benefits
Celebrating the use of African music : change in motion
I undertook a research project regarding the use of African music at both primary and secondary school level with Victorian teachers in Melbourne in 2004. This study grew out of my first project, which examined the effectiveness of using African music with non-specialist primary teacher education students at Deakin University, Melbourne (see Joseph, 2002, 2003). In this paper the concept of \u27change\u27 in relation to teaching and learning is explored regarding practising teachers’ teaching and learning of African music in Australian schools. According to Campbell (2004), a guiding principle for shaping educational experiences designed to promote students’ musical and cultural understanding is for teachers to make music both meaningful and useful in their lives. She further contends that such an experience can \u27come alive\u27 for students if teachers promote active involvement for them as music listeners as well as makers of music. This paper discusses some of the findings in relation to why and how teachers are engaging with African music and what their students are learning from it. It may be argued that both students (Deakin University student project) and teachers (Victorian music project) perceived African music to be an effective way to transmit and engage with a \u27new music and culture\u27.<br /
Consultation on Amending the Schools (Consultation) (Scotland) Act 2010 : Analysis of written responses
Smarter Food Policies are Needed to Make Significant Progress Towards Eradicating Food Insecurity in America
Speaking of malnutrition conjures images of starving African children as presented by the media and humanitarian organizations. We think about famine ridden lands, places where emaciated victims who have very little access to food. Malnutrition does not conjure images of obese youth and financially struggling families living amidst excessive consumption in America. Although an alarming paradox, malnutrition can and does exist in what some would call the wealthiest and most powerful nation on Earth, but yet it does exist
Recommended from our members
Inflation-Indexing Elements in Federal Entitlement Programs
[Excerpt] In recent years, various proposals have been discussed in the context of ways to reduce federal budget deficits. One of the proposals, for example, is the use of a different measure of consumer price change to index various provisions of federal programs, including cost-of-living adjustments (COLAs). For example, under current law, the Social Security COLA is based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W). Under the proposal, the Social Security COLA would be based instead on the Chained Consumer Price Index for All Urban Consumers (Chained CPI-U or C-CPI-U). Because the goal of the Chained CPI-U is to better reflect how consumers change their buying habits in response to changes in prices, supporters of the proposal argue that it is a more accurate measure for computing COLAs and making other automatic program adjustments. Opponents, however, view the proposal as a backdoor way of reducing benefits because the Chained CPI-U typically has risen more slowly than either the CPI-W or the traditional CPI-U. Some observers point out that the Chained CPI-U is published as a preliminary value that is subject to revision over a period of up to two years, and that it may not accurately reflect the cost of living for certain groups, such as the elderly population.
The current discussion of a potential change in the way the Social Security COLA is computed raises questions about indexing in other federal entitlement programs. The purpose of this report is to identify key indexing elements in major federal entitlement programs under current law and present the information in a summary table. As shown here, indexing affects more than benefit levels paid to individuals through COLAs. Indexing also affects, for example, federal payments to providers and eligibility criteria for some programs. In addition, the report provides a brief description of the measures of consumer price change used to index various elements of these programs under current law, as well as the alternative measure of consumer price change (the Chained CPI-U) that has been proposed for computing Social Security COLAs and making inflation adjustments to other federal programs
Fixing the image : re-thinking the 'mind-independence' of photographs
It has been argued that photographs are unsuitable or inferior candidates for art because they are not intimately bound to the mind of an artist. I believe that we can address scepticism in the philosophy of art only if we recognise that it is linked to dogmatism in the epistemology of photography. This is the motivation for the present article. I argue that the epistemic debate is dogmatic when mind-independence is treated as a defining feature of photographs. I argue for a better understanding of the photographic process, and show how with this mind-independence need not be a defining feature of photographs
- …