Equal Dignity and Unequal Protection: A Framework for Analyzing Disparate Impact Claims

The Supreme Court has long endorsed the theory of the “colorblind” Equal Protection Clause, viewing it as a mandate of only facial equality. Due to rigid doctrine that limits true protection to only a short, stagnant list of fundamental rights and suspect classifications and that requires proof of discriminatory intent, only the most blatant, purposeful inequality is within constitutional reach. Festering outside of this doctrinal sphere are powerful examples of state actions that impose disparate impacts on marginalized communities, such as the nationwide system of laws that disqualify individuals—disproportionately black men—with felony convictions from the jury pool. However, the door to a new approach for combatting such issues may have recently opened. In Obergefell v. Hodges, the Supreme Court embraced the interconnection between the Fourteenth Amendment’s Due Process and Equal Protection Clauses to move beyond the restrictions of current equal protection doctrine and strike down same-sex marriage bans. This “equal dignity” approach embraces a different view of equality protection: antisubordination theory, which focuses on ensuring substantive equality. This Note proposes a framework for applying equal dignity, utilizing the example of felon-juror exclusion to argue that it can serve as a principled approach for addressing disparate impact claims

Social Inclusion Beyond Education and Work: Migrants Meaning‐Making Towards Social Inclusion

In public discourse, the social inclusion of migrants is often regarded as a challenge demanding migrants to increase their engagement in adapting to the new host country. Such imaginaries commonly declare migrants as being unwilling to acquire language skills and specific cultural values. In parallel, formal education is often proposed as the single most important remedy to inclusion, which generally solely implies labor market participation. However, there is a range of other, often neglected, practices that migrants themselves regard as important for their social inclusion in society. This article aims to analyze what practices are assigned meaning by newly arrived migrants in Sweden on their path toward social inclusion in the country. This is a longitudinal interview study with 19 newly arrived adult migrants that were interviewed on two occasions, three years apart. Drawing on a sociocultural perspective, we understand social inclusion as an ongoing process by which individuals become members of different communities. The result shows that important for social inclusion is access to valuable relationships and close social ties. These relations are important in all communities in which the migrants participate. The analysis illustrates three different communities, outside of formal education and employment, that migrants ascribe meaning to concerning language learning and social inclusion. These communities are sports, internships, and civil society engagements. Through its longitudinal design, this study also illustrates how migrants' narratives and their meanings shift with time and how migrants relate to these communities over time

Directing Paths Into Adulthood: Newly Arrived Students and the Intersection of Education and Migration Policy

This article is centred on the tendency to align education for newly arrived students with migration policy. Drawing on an in-depth analysis of interviews with four adult migrant students, we aim to investigate how the participants’ experiences of studying and how they imagine their future intersect with their immigration status. The interviews were conducted when they were first studying a language introduction programme, and then three years later. We focus on the participants’ narratives about transitions within the education system and later into the labour market. Using Sara Ahmed’s approach to the orientation of subjects in time and space, the analysis shows that all students expressed a desire to “be in line,” meaning finishing their studies and finding employment. Students with temporary and conditional residence permits were directed towards specific vocational tracks and sectors of the labour market. Migrant students are a heterogenous group and, based on the findings presented, we argue that immigration status constitutes a crucial part of this heterogeneity, influencing how students imagine their future in a new society

Making markets work in the interest of patients : A review of international evidence of the role of market mechanisms in publicly funded health and social care

The health and social care in Finland and Nordic countries perform well in international comparisons. Owing to an ageing population and increasing health and social care needs, the soaring health expenditure is adding pressure to improve productivity. Implementation of market mechanisms to complement public health and social care has in many cases increased the availability of services and led to cost savings. However, there are also examples of situations where markets have failed to deliver for patients and taxpayers. This study aims to shed light on the role different market-based mechanisms have had in other selected countries; what can be usefully learned from these examples. The study underlines the availability and use of information about service quality and outcomes, performance and costs. Information is the core building block of functioning markets and service development. Information makes it possible for patients to make informed choices. Information on patient outcomes and service producers' performance is a prerequisite for commissioners to match customer needs to best available services. Information also provides comparative benchmarking data for service producers to compare their service to peer producers. As we move to outcome-based health and social care approach, it is of utmost importance to focus on developing suitable indicators to support these needs. Contact person at the Ministry of Economic Affairs and Employment: Mikko Martikainen, mikko.martikainen(at)tem.fi, tel. +358 295 064 79

Procurement of Railway Infrastructure Projects – A European Benchmarking Study

This benchmarking study compares how railway investments are procured in five European countries: Sweden, Norway, Germany, the Netherlands, and the UK. In total, 19 procurement managers and project managers were interviewed. This study compares the national rail clients’ procurement strategies regarding: delivery system, reward system, contractor selection, and collaboration model. Historically, these clients have used in-house production. The first step towards a gradually increased usage of the market was to outsource the construction activities while keeping the design and development competence in-house. All five countries have mainly used Design-Bid-Build contracts in their initial outsourcing. However, the last few years there is a discernible trend in Sweden, Norway, the Netherlands and the UK towards allocating more design and development responsibilities to contractors (i.e. Design-Build contracts) and increasing the strategic focus on cooperation. The UK and the Netherlands are forerunners in this trend that can be viewed as a third step in the transition towards a market oriented railway sector. Norway and Sweden is in the middle of this transition, whereas Germany has not initiated this change. The transition towards a gradually increased usage of the market has two main dimensions; degree of cooperation and degree of contractor freedom, which differs among the countries. The UK and Sweden focus on increasing both these dimensions, while The Netherlands and Norway mostly focus on increasing the degree of contractor freedom. Germany still limits both dimensions by performing design and development in-house and letting contractors compete for construction work in Design-Bid-Build contracts. Due to historical and cultural reasons, Deutsche Bahn in Germany is very hesitant to engage in collaboration with external suppliers; focusing on competition is considered more appropriate and less controversial

Losses of phosphorus, potassium and nitrogen from horse manure left on the ground

In this five-month Swedish field study, we examined losses of nutrients from horse manure over time, in order to examine how regularly manure should be cleared from paddocks in order to minimise the risk of nutrient leaching. Small heaps of manure (400 g) were placed in open cylinders outdoors and samples (five replicates) were taken on 12 occasions from December 2020 to May 2021. The samples were analysed for weight, dry matter content and concentrations of total nitrogen (N), ammonium N, total phosphorus (P), water-extractable P (WEP), potassium (K) and carbon (C). There was a fast decline in P and K concentrations and a strong correlation between accumulated precipitation and losses from the manure into the soil. The mean reduction in total-P was 11 mg P kg-1 manure dry weight per mm accumulated precipitation. Manure N was retained in the manure over the five-month period. In conclusion, this study demonstrated high mobility of P and K, indicating a need for strategies for rapid removal of manure from paddocks. Daily removal of manure from paddocks used year-round would, approximately, save 1.7 kg P and 5.5 kg K per horse per year, which could be recycled to replace non-renewable mineral fertilisers

Use-Values for Inclusion: Mobilizing Resources in Popular Education for Newly Arrived Refugees in Sweden

In times of market reforms and international migration, the Swedish welfare model has been seriously challenged. In the context of the arrival of refugees in 2015–2017, the state turned to civil society in facing up to the challenges. In this article, we direct our attention to the Workers’ Educational Association’s (ABF) state-funded work with refugees, with a specific focus on the activities conducted, the resources making them possible and the use-value of the resources mobilised. The article is based on observations and interviews with study circle leaders, managers and asylum seekers. The analysis illustrates that ABF, in line with its historical legacy, the broader workers’ movement, the strong notion of popular education as ‘free and voluntary’, has, with its well-established connections throughout the country, not solely taken on the task defined by the state. In solidarity, ABF has also responded to the needs of the refugees. As highlighted in the analysis, ABF has mobilized a wide range of resources, not least providing refugees with social networks and help in contacting the authorities. With such mobilization, opportunities were provided for the inclusion of refugees in Sweden

Даследаванне рэкламы фестывальнага турызму

Материалы XII Междунар. науч. конф. студентов, магистрантов, аспирантов и молодых ученых, Гомель, 16–17 мая 2019 г

Complement-Opsonized HIV Modulates Pathways Involved in Infection of Cervical Mucosal Tissues: A Transcriptomic and Proteomic Study

Genital mucosal transmission is the most common route of HIV spread. The initial responses triggered at the site of viral entry are reportedly affected by host factors, especially complement components present at the site, and this will have profound consequences on the outcome and pathogenesis of HIV infection. We studied the initial events associated with host-pathogen interactions by exposing cervical biopsies to free or complement-opsonized HIV. Opsonization resulted in higher rates of HIV acquisition/infection in mucosal tissues and emigrating dendritic cells. Transcriptomic and proteomic data showed a significantly more pathways and higher expression of genes and proteins associated with viral replication and pathways involved in different aspects of viral infection including interferon signaling, cytokine profile and dendritic cell maturation for the opsonized HIV. Moreover, the proteomics data indicate a general suppression by the HIV exposure. This clearly suggests that HIV opsonization alters the initial signaling pathways in the cervical mucosa in a manner that promotes viral establishment and infection. Our findings provide a foundation for further studies of the role these early HIV induced events play in HIV pathogenesis