DOCSLIB.ORG

Tues-Effective Gov-Precon

Total Page：16

File Type：pdf, Size：1020Kb

Download full-text PDF Read full-text
Tues-Effective Gov-Precon 6/18/18 Effective Governance Tues, June 19, 2:30-4:30 CML 96th Annual Conference Sam Mamet, Executive Director, CML June 19-22, 2018 Vail Tami Tanoue, General Counsel/ Deputy Executive Director, CIRSA Dianne Criswell, Legislative Counsel, CML Karen Goldman, Municipal Clerk Advisor Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. Session Agenda Public Policy: An Overview Presented by Sam Mamet - Overview and introductions - Liability and governance/quasi-judicial/staff-elected The primary job of the governing body: relations Set public policy - Open meetings - Parliamentary procedures It’s a challenging task requiring a good understanding - Your Clerk as a resource of what municipal government can accomplish and an understanding of the best interests of the public. - Ethics/conflict of interest - Q&A Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. Professionalism Accountability The public expects an efficient government: • Once elected – councilmembers/trustees • Rational, analytical decision making required represent the entire community • For best results - utilize staff expertise • All citizens have a right to be heard • Programs and policies should achieve intended • Viewpoints expressed by citizens should be outcomes accepted and acknowledged The goal is finding the proper balance to: • Public involvement is essential for the legitimacy • Being responsive to public expectations of governing processes • While being good stewards of public resources Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. 1 6/18/18 Governance Roles Governance Roles Big Picture Thinker Stewardship • Making decisions that will have significant impact • Listen to and respect citizen views on municipality – both short and long term • Represent all citizens – and those of the future • Focus on the future impacts – what actions will • Some decisions will be uncomfortable as they will make a difference run counter to the wishes of some citizens • Think beyond present data and constraints • Decisions should be made for the greater good • See possible connections and relationships Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. Governance Roles Governance Roles Representative/Advocate Community Builder • Acting in role of “customer service representative” • Provide leadership in relationship and consensus building • Elected official acts as a conduit between citizens and city services • Foster relationships that help people work through differences • Citizens see council/board members as most responsive to their concerns • Provide a forum for all aspects of an issue to be heard and considered Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. Governance Roles Governance Roles Decision Making Oversight • Decision making role can be similar to acting as a • Hires manager in council-manager system judge • Hires town clerk and other staff in mayor-council • Decisions based on information presented – then system voted up or down • Holds staff accountable • Often not an easy role – but vital to municipal • Careful to respect proper roles of governing body government versus roles of staff members Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. 2 6/18/18 Ethics High Standard of Conduct In summary the public expects: • Never use confidential information for personal gain • Honesty • Do not accept gifts above the Amendment 41 • Decisions that put the community first limits ($59 a year from non-family individuals) • Open and fair decision making process • Do not participate in any decision that directly • Respect for individuals and the community benefits you personally or your business • Accountability • Do not hold an interest in any contract entered into • Decorum and professionalism by the governing body • Personal character and lawful behavior Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. Governance vs. Management Where are you focusing your efforts? Presented by Tami Tanoue Ownership • Is the governing body’s focus on governance rather than management or administration? | Governance – Management is not the same thing as governance! Being a “super-manager” is still not governing. | – Governance is policy-setting, big picture, and forward- Management looking, rather than making reactive, case-by-case | decisions as issues arise, or after-the-fact after a problem surfaces Supervision | • Boards should develop “a taste for the grand | expanse of the big picture,” says John Carver Front Line Employment (“Boards That Make a Difference”) Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. Where are you focusing your efforts? Governance characteristics • Does the governing body speak with one voice? • Time Horizons: Yours should be the – “Deliberate in many voices, but speak with one” furthest out! – Recognize that, while there may be dissension or disagreement, the CEO (e.g. the City/Town • Dealings within Chain of Command: Manager/Administrator and/or other direct report) Don’t jump more than one level! is accountable only for directions given by the body as a whole • No Redundancy: Unlike other levels in – Is the voice directed at the CEO, the governing the organization, there is no one else who body’s primary employee? can step in and do your job! Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. 3 6/18/18 Honoring the Governance- Legislative v. Quasi-Judicial Management Distinction Presented by Tami Tanoue • Why is this a liability issue? • The actions you take as a governing body can generally be – Public officials have protection from liability when they are within the “scope “pigeonholed” into the following categories: legislative, quasi- of employment” – term used in Colorado Governmental Immunity Act judicial, and “other” – “Scope of employment” means everyone must respect the parameters of your job description • By correctly “pigeonholing” the nature of the action, you can – So to the extent you have organizational parameters that include an observe the differing rules that apply to each type of action allocation of responsibilities, those parameters are part of your job description; honoring those parameters will help keep you within the “scope • Quasi-judicial actions require the greatest care and caution of employment” from a procedural perspective, because the property rights of – Liability coverages also hinge on your being within the scope of your individuals can be affected, triggering constitutional “due authorized duties process” requirements – If you are going outside the parameters, you could be outside the scope of your job description…and outside the scope of your liability protections! • The essence of “due process” is notice and a hearing before a neutral decision-maker, with a decision that is based upon the – If you’re doing management/administration, then who’s doing the governance? And what about those who are supposed to be doing the evidence gained at a hearing and the application of the proper management/administration? What are they doing? legal criteria Empowered cities and towns, united for a strong Colorado. Empowered cities and towns, united for a strong Colorado. Contents of this presentation reflects the view of the presenter, not of CML. Contents of this presentation reflects the view of the presenter, not of CML. A Legislative Decision A Quasi-Judicial Action • Reflects public policy relating to matters of a • Determines rights, duties or obligations of a specific permanent or general character individual or entity • Not normally restricted to particular individual or • Based on facts developed at a hearing to resolve entity the particular interests in
Load more

Recommended publications
  • Executive Targeting of Congressmen As a Violation of the Arrest Clause
    Notes Executive Targeting of Congressmen as a Violation of the Arrest Clause Federal law enforcement has expanded to give the executive branch po- tent new weapons for investigating crime.' These new techniques, includ- ing undercover activity and surveillance, have created an unprecedented potential for abuses that not only endanger the constitutional rights of private citizens, but may threaten the balance of power between the exec- utive and Congress. "Executive targeting," as described in this Note, refers to the deploy- ment of law enforcement power against a congressman with intent to dis- credit him, and without prior reasonable cause to suspect that he has com- mitted a crime.2 "Legitimate law enforcement," on the other hand, takes place when the executive suspects that a crime has occurred and deploys the law enforcement power to investigate that crime. Targeting first iden- tifies a victim and then discovers his offenses; legitimate law enforcement first discovers an offense and then seeks to find out whether the actor is criminally responsible.' Although the executive can target any adversary, 1. Responsibility for early federal law enforcement was confined mainly to the United States mar- shals, the Capitol police, and the Coast Guard. B. REKTOR, FEDERAL LAW ENFORCEMENT AGEN- cIES (passim) (1975). Prohibition and the resultant rise in organized crime expanded federal law enforcement. L. DODD & R. SCHOTT, CONGRESS AND THE ADMINISTRATIVE STATE 29 (1979). See also Note, The Scope of FederalCriminal Jurisdiction Under the Commerce Clause, 1972 U. ILL. L. F. 805, 806-07 (invention and success of automobile an impetus toward expanding federal criminal jurisdiction).
    [Show full text]
  • The Rights of Legislators and the Wrongs of Interpretation: a Further Defense of the Constitutionality of Legislative Supermajority Rules
    MCGINN1 06/04/98 1:32 PM Essay THE RIGHTS OF LEGISLATORS AND THE WRONGS OF INTERPRETATION: A FURTHER DEFENSE OF THE CONSTITUTIONALITY OF LEGISLATIVE SUPERMAJORITY RULES JOHN O. MCGINNIS† MICHAEL B. RAPPAPORT†† In 1995, the House of Representatives adopted a rule that re- quires a three-fifths majority of those voting to pass an increase in in- come tax rates.1 More than two years later, debate continues over a rule whose constitutionality has been controverted in Congress, in the courts, and in academia. Although a majority of the House passed the three-fifths rule again in 1997,2 several Representatives challenged its constitutionality in court.3 In the academic debate, the latest entry is Rights of Passage: Majority Rule in Congress by Jed Rubenfeld.4 Professor Rubenfeld claims that the three-fifths rule † Professor of Law, Benjamin N. Cardozo Law School. †† Professor of Law, University of San Diego School of Law. The authors would like to thank Larry Alexander, Carl Auerbach, Stuart Benjamin, John Duffy, Michael Herz, Shaun Martin, Michael Ramsey and Erela Katz Rappaport for their comments and assistance. 1.See H.R. Res. 6, 104th Cong. §106(a) (1995), reprinted in CONSTITUTION, JEFFERSON’S MANUAL, AND RULES OF THE HOUSE OF REPRESENTATIVES, H.R. DOC. No. 103-342, at 658 (1995) (Rule XXI(5)(c)). 2.See H.R. Res. 5, 105th Cong. §106(a) (1997) (re-adopting Rule XXI(5)(c) with minor modifications, but not changing the three-fifths requirement); RULES OF THE HOUSE OF REPRESENTATIVES, 105th Cong., Rule XXI(5)(c) (1997), available at <http://lcweb.loc.gov/ global/legislative/hrules/hrulestoc.html>.
    [Show full text]
  • The Constitutionality of Legislative Supermajority Requirements: a Defense
    The Constitutionality of Legislative Supermajority Requirements: A Defense John 0. McGinnist and Michael B. Rappaporttt INTRODUCTION On the first day of the 104th Congress, the House of Representatives adopted a rule that requires a three-fifths majority of those voting to pass an increase in income tax rates.' This three-fifths rule had been publicized during the 1994 congressional elections as part of the House Republicans' Contract with America. In a recent Open Letter to Congressman Gingrich, seventeen well-known law professors assert that the rule is unconstitutional.3 They argue that requiring a legislative supermajority to enact bills conflicts with the intent of the Framers. They also contend that the rule conflicts with the Constitution's text, because they believe that the Constitution's specific supermajority requirements, such as the requirement for approval of treaties, indicate that simple majority voting is required for the passage of ordinary legislation.4 t Professor of Law, Benjamin N. Cardozo Law School. tt Professor of Law, University of San Diego School of Law. The authors would like to thank Larry Alexander, Akhil Amar, Carl Auerbach, Jay Bybee, David Gray Carlson, Lawrence Cunningham, Neal Devins, John Harrison, Michael Herz, Arthur Jacobson, Gary Lawson, Nelson Lund, Erela Katz Rappaport, Paul Shupack, Stewart Sterk, Eugene Volokh, and Fred Zacharias for their comments and assistance. 1. See RULES OF THE HOUSE OF REPRESENTATIVES, EFFECTIVE FOR ONE HUNDRED FOURTH CONGRESS (Jan. 4, 1995) [hereinafter RULES] (House Rule XXI(5)(c)); see also id. House Rule XXI(5)(d) (barring retroactive tax increases). 2. The rule publicized in the Contract with America was actually broader than the one the House enacted.
    [Show full text]
  • Amend by Striking out “June 30” and Inserting “July 28.” Recess for 15 Minutes
    UIL Capital Conference Presented by AT&T Conference Center Kirk Overbey, PRP June 30, 2015 [email protected] ° Kirk Overbey: ° Professional Registered Parliamentarian ° Parliamentarian, Texas State Board of Education ° Former President, Texas State Association of Parliamentarians ° Masters degrees in engineering and business ° Judge for Parliamentary Team Competitions ▪ FBLA, FCCLA, HOSA & SkillsUSA ▪ State and national level 2 } National Assoc. of Parliamentarians } organized in 1930 } Promotes the Study and Teaching of the Principles of Parliamentary Law } Credentialing: Registered Parliamentarian and Professional Registered Parliamentarian } Texas State Assoc. of Parliamentarians } organized in 1955 } Local Units } Austin, Beaumont, Dallas, Ft. Worth, Galveston, Houston, San Antonio, and Tyler 3 4 ° Parliamentary Procedure, as we use it today, is of English origin ° The term derives from the English Parliament ° Saxon invasions during 5th and 6th century introduced a democratic style of government at the village level ° The Norman Conquest of 1066 eventually had to recognize the strong English traditions 5 ° Magna Carta, 1215 ° The king cannot levy a tax without permission of the barons ° No other European king had this restriction ° By the 1400s . ° Parliament would not levy a tax, until it had aired its grievances before the king ° Grievances evolved into legislation (agreements with the king) ° “Grievance before Supply” was the method 6 ° Each American colony practiced it ° First in the Virginia House of Burgesses, 1619 ° Then in Plymouth town meetings, 1621 ° And for the next 150 years ° Colonists viewed themselves as Englishmen with all the rights of Englishmen ° Continental Congress used the same procedure as the House of Commons from 1775 to 1789 7 ° Thomas Jefferson ° writes first American parliamentary manual, 1801 ° Luther Cushing ° writes first manual for ordinary assemblies, 1844 ° Writes first manual for state legislatures, 1856 ° Henry M.
    [Show full text]
  • Legisbrief a QUICK LOOK INTO IMPORTANT ISSUES of the DAY
    LegisBrief A QUICK LOOK INTO IMPORTANT ISSUES OF THE DAY JAN 2019 | VOL. 27, NO. 3 Did You Know? • A state legislative body possesses inherent powers of self-protection, according to Mason’s Decorum in Debate: Manual of Legislative Procedure. • Mason’s Manual A Short Primer states that every BY BRENDA ERICKSON • “In a broader sense, it embraces everything governmental body which is said in the house by members, has an inherent right Parliamentarian Hugh Cannon wrote that “one’s whether upon a question pending, or in to regulate its own introduction to parliamentary procedure can be reference to any other proceeding, matter, or procedure, subject confusing and mystifying. The language is new, business whatever.” to provisions of the even strange. The process is very different from constitution or other the way in which people ordinarily discuss matters n Why is debate regulated by controlling authority. parliamentary rules? • Provisions of the may feel that you are in the middle of the process In his book, “Lawmaking and the Legislative U.S. Constitution and beforeand make you decisions even know in howtheir tohome start.” or office. You Process,” former NCSL staffer Tommy Neal wrote, 49 state constitutions This LegisBrief is designed to help readers gain a “The legislative process, on paper, is a mechanical specifically grant the better understanding of one legislative parliamen- process. There are many variations from state to right to determine tary process—decorum in debate. state but it’s basically the same in all states as well the rules of as in the U.S. Congress. What makes it different proceedings to the n What is debate? from a machine is the interaction of legislators, and chambers of their their personalities, who were elected to make the respective legislative debate in two ways: laws for your state.” bodies.
    [Show full text]
  • Pillars of the Statehouse
    22 | LEGISLATIVE STAFF Pillars of the Statehouse Legislative clerks and secretaries enforce the rules, record proceedings, and this year, celebrate the 70th anniversary of their professional staff network. BY Angela Andrews hief clerks and secretaries may be few in number, but they’re mighty in stature. They were the first type of legislative staff and are the backbone of a legisla- tive chamber. They serve as parliamentarians, chief administrative officers and record-keepers. They over- see the legislative process and ensure its rules, tradi- Ctions and practices are followed. This year marks the 70th anniversary of the American Society of Legislative Clerks and Secretaries (ASLCS), the professional organiza- tion for these legislative staff members. As their jobs have grown in complexity and expanded in responsibilities, it’s clear the organization has not only provided great professional develop- Clerk of the ment opportunities, but personal support as well. House of Karen Wadsworth, clerk of the New Hamp- Representatives shire House of Representatives since 1994, says Karen Wadsworth the organization is like family with coast-to- New Hampshire country that you can call in a moment’s notice to coast connections. “When most people see that your job title get professional advice,” says Patsy Spaw, sec- is clerk, they think it’s someone ringing up an retary of the Texas Senate and immediate past order at 7-Eleven. It’s nice to be part of a group staff chair of NCSL. “I’ve had the opportunity that understands exactly what I do and that has to be mentored by, and rub shoulders with, the the knowledge to answer my parliamentary best of the best who care about your professional questions,” she says.
    [Show full text]
  • Understanding Parliamentary Procedure Don Sikkink
    St. Cloud State University theRepository at St. Cloud State Communication Studies Faculty Publications Department of Communication Studies 1-1986 Understanding Parliamentary Procedure Don Sikkink Follow this and additional works at: https://repository.stcloudstate.edu/cmst_facpubs Part of the Interpersonal and Small Group Communication Commons, Organizational Communication Commons, and the Social Influence and Political Communication Commons Recommended Citation Sikkink, Don, "Understanding Parliamentary Procedure" (1986). Communication Studies Faculty Publications. 9. https://repository.stcloudstate.edu/cmst_facpubs/9 This Book is brought to you for free and open access by the Department of Communication Studies at theRepository at St. Cloud State. It has been accepted for inclusion in Communication Studies Faculty Publications by an authorized administrator of theRepository at St. Cloud State. For more information, please contact [email protected]. UNDERSTANDING PARLIAMENTARY PROCEDURE Don Sikkink St. Cloud, Minnesota January 1986 2 Acknowledgements I want to acknowledge that it was A. R. Christensen's assignment thirty years ago to teach the required course in parliamentary procedure at South Dakota State University that initiated my study of a topic area that has continued to fascinate me. I also wish to note that many of my early ideas in parliamentary practices came from conversations with Wayne Hoogestraat and resulted in a co-authored book called Modern Parliamentary Practices. And of course the students in my classes and workshops deserve thanks. Their puzzlement, their questions and those "wild" practice sessions of "The Society for the Improvement of Just About Everything" or "The Society to Study Great Issues" did much to clarify my own ideas about this decision making system.
    [Show full text]
  • Stare Decisis, Majority Rule and the Mischief of Quorum Requirements Jonathan Remy Nash
    University of Chicago Law School Chicago Unbound Public Law and Legal Theory Working Papers Working Papers 2008 The aM jority that Wasn't: Stare Decisis, Majority Rule and the Mischief of Quorum Requirements Jonathan Remy Nash Follow this and additional works at: https://chicagounbound.uchicago.edu/ public_law_and_legal_theory Part of the Law Commons Chicago Unbound includes both works in progress and final versions of articles. Please be aware that a more recent version of this article may be available on Chicago Unbound, SSRN or elsewhere. Recommended Citation Jonathan Nash, "The aM jority that Wasn't: Stare Decisis, Majority Rule and the Mischief of Quorum Requirements" (University of Chicago Public Law & Legal Theory Working Paper No. 227, 2008). This Working Paper is brought to you for free and open access by the Working Papers at Chicago Unbound. It has been accepted for inclusion in Public Law and Legal Theory Working Papers by an authorized administrator of Chicago Unbound. For more information, please contact [email protected]. CHICAGO PUBLIC LAW AND LEGAL THEORY WORKING PAPER NO. 227 THE MAJORITY THAT WASN’T: STARE DECISIS, MARJORITY RULE AND THE MISCHIEF OF QUORUM REQUIREMENTS Jonathan Remy Nash THE LAW SCHOOL THE UNIVERSITY OF CHICAGO August 2008 This paper can be downloaded without charge at the Public Law and Legal Theory Working Paper Series: http://www.law.uchicago.edu/academics/publiclaw/index.html and The Social Science Research Network Electronic Paper Collection. Draft of July 17, 2008 The Majority That Wasn’t: Stare Decisis, Majority Rule, and the Mischief of Quorum Requirements Jonathan Remy Nash† In this Paper, I consider the question of precedential value in settings in which a case is decided by a majority of judges hearing a case but less than a majority of judges authorized to decide the case—a situation I refer to as a “minority majority.” In analyzing the question of treatment of minority majorities, the Paper makes three broad contributions to the literature.
    [Show full text]
  • The Originalist Case Against Congressional Supermajority Voting Rules
    CORE Metadata, citation and similar papers at core.ac.uk Provided by Northwestern University Illinois, School of Law: Scholarly Commons Copyright 2012 by Northwestern University School of Law Printed in U.S.A. Northwestern University Law Review Vol. 106, No. 3 THE ORIGINALIST CASE AGAINST CONGRESSIONAL SUPERMAJORITY VOTING RULES Dan T. Coenen ABSTRACT—Controversy over the Senate’s filibuster practice dominates modern discussion of American legislative government. With increasing frequency, commentators have urged that the upper chamber’s requirement of sixty votes to close debate on pending matters violates a majority-rule- based norm of constitutional law. Proponents of this view, however, tend to gloss over a more basic question: Does the Constitution’s Rules of Proceedings Clause permit the houses of Congress to adopt internal parliamentary requirements under which a bill is deemed “passed” only if it receives supermajority support? This question is important. Indeed, the House already has such a rule in place, and any challenge to the Senate cloture rule is doomed from the start if that body may self-impose supermajority voting thresholds even for the actual enactment of laws. Existing scholarly work in this area, however, is incomplete. The most elaborate treatments invoke originalist principles to claim that the chambers of Congress may freely adopt supermajority (as well as submajority) bill- voting requirements. These treatments have spawned critical responses, but none of them focuses in full-blown fashion on the words and deeds of the Framers themselves. This Article fills the resulting gap by offering a wide- ranging argument against supermajority voting rules based on constitutional text, constitutional structure, and background understandings that pervaded the framing period.
    [Show full text]
  • Rulings of the Chair Rulings of the Chair
    Rulings of the Chair that included explanations 1973–2018 with an introduction by Richard A. Champagne, chief Rulings of the Chair that included explanations 1973–2018 with an introduction by Richard A. Champagne, chief © 2018 Wisconsin Legislative Reference Bureau One East Main Street, Suite 200 • Madison, Wisconsin 53703 www.legis.wi.gov/lrb/ • 608-504-5801 This work is licensed under the Creative Commons Attribution 4.0 International License. To view a copy of this license, visit http://creativecommons.org/licenses/by/4.0/ or send a letter to Creative Commons, PO Box 1866, Mountain View, CA 94042, USA. Contents Preface ..................................................................................................................................vii What is a ruling of the chair? .......................................................................................vii Which rulings are included here? ................................................................................vii Introduction ..........................................................................................................................ix The Wisconsin Legislature ............................................................................................ x The rulings of the chair and parliamentary law .........................................................xii A final note ................................................................................................................... xvi Part I — Assembly ����������������������������������������������������������������������������������������������������������������
    [Show full text]
  • Courts and the Creation of a Spirit of Moderation: Judicial Protection of Revolutionaries in Argentina, 1863-1929 Jonathan M
    Hastings International and Comparative Law Review Volume 20 Article 6 Number 2 Winter 1997 1-1-1997 Courts and the Creation of a Spirit of Moderation: Judicial Protection of Revolutionaries in Argentina, 1863-1929 Jonathan M. Miller Follow this and additional works at: https://repository.uchastings.edu/ hastings_international_comparative_law_review Part of the Comparative and Foreign Law Commons, and the International Law Commons Recommended Citation Jonathan M. Miller, Courts and the Creation of a Spirit of Moderation: Judicial Protection of Revolutionaries in Argentina, 1863-1929, 20 Hastings Int'l & Comp. L. Rev. 231 (1997). Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol20/iss2/6 This Article is brought to you for free and open access by the Law Journals at UC Hastings Scholarship Repository. It has been accepted for inclusion in Hastings International and Comparative Law Review by an authorized editor of UC Hastings Scholarship Repository. For more information, please contact [email protected]. Courts and the Creation of a "Spirit of Moderation": Judicial Protection of Revolutionaries in Argentina, 1863-1929 By JONATHAN M. MILLER-*: I. Introduction ............................................ 232 II. The Origins of the Argentine Supreme Court .......... 238 III. The Issues: Habeas Corpus, Fair Trials, and De Facto D octrine ................................................ 244 IV. The Rebellions of 1866-1867 ............................ 249 V. The Established Doctrine of the 1870s and 188s ....... 259 VI. The Supreme Court and the Turbulent 1890s ........... 262 A. HistoricalBackground .............................. 263 B. 1890-1891: Active, But on the Sidelines .............. 267 C. 1892: Judge Tedin ................................... 271 D. 1893: The Supreme Court Enters the Fray ........... 281 1. Cullen ci Llerena ............................... 283 2. The Judiciary and the September Revolts-Alem (Round 2) .....................................
    [Show full text]
  • Who Was Robert, and Why Do We Still Follow His Rules, Anyway?
    Dominican Scholar Collected Faculty and Staff Scholarship Faculty and Staff Scholarship 1-2004 Who Was Robert, And Why Do We Still Follow His Rules, Anyway? Alice Collier Cochran Barowsky School of Business, Dominican University of California, [email protected] Survey: Let us know how this paper benefits you. Recommended Citation Cochran, Alice Collier, "Who Was Robert, And Why Do We Still Follow His Rules, Anyway?" (2004). Collected Faculty and Staff Scholarship. 238. https://scholar.dominican.edu/all-faculty/238 This Article is brought to you for free and open access by the Faculty and Staff Scholarship at Dominican Scholar. It has been accepted for inclusion in Collected Faculty and Staff Scholarship by an authorized administrator of Dominican Scholar. For more information, please contact [email protected]. WHO WAS ROBERT, AND WHY DO WE STILL FOLLOW HIS RULES, ANYWAY? Is an ancient method of running meetings popularized soon after the Civil War still viable for many boards in nonprofits today? By Alice Collier Cochran, M.Ed. Judy Long was excited about her decision to serve on the board of her neighborhood Association. She had been to consider joining this group of twelve members. Each person had a prescribed role and they wanted her to be in charge of designing and launching a web site, her specialty. Her company, Langhorn Communications had a good reputation in the field of technology. Several years ago she had joined a Total Quality Management (TQM) team that included representatives from several related departments. They were told they had to use consensus decision making. Unfortunately they were struggling when they tackled controversial or complex issues.
    [Show full text]