25,315 research outputs found

    Discharge of Indebtedness Income and the Bankruptcy Tax Act of 1980: An Economic Benefit Approach

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    UNDERSTANDING SHIFTING LANGUAGES ON INDONESIAN TELEVISION: UNDERSTANDING SOCIAL VALUE IN LATE CAPITALISM

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    The work of Bourdieu (1991), Hobsbawm (1990), Wallerstein (2004), and Bahktin (1981), among others, have become a cornerstone for understanding valuation processes attached to language as well as their relationships with political economy and processes of globalization in a period referred to as “late capitalism” (e.g. Blommaert, 2010; Goebel, 2010, In press; Heller, 2011; Heller & Duchene, 2012b). In this paper, I draw upon this work to offer an interpretation of the ongoing revaluation of languages in Indonesia, including the ideology of Indonesian as the language for doing unity in diversity. My empirical focus will primarily be material I have gathered from television in 2009. Central to my argument will be that as the Indonesian state has moved between centralized and decentralized regimes (often pushed by market forces) these processes have helped regiment multiple centres of normativity around language in Indonesia. With changing political and economic conditions in the early 1990’s local content became increasingly valued in the media. Some languages (and the ethnic groups associated with them) were increasingly commodified, as in the case of Si Doel (e.g. Loven, 2008; Sen & Hill, 2000). As it became clear that local content sinetron was a “sell well” genre, this genre was copied by many other producers of television content (Rachmah, 2006). At the same time, these market forces – and the decreasing influence of the state in determining how language was modelled on television – helped increase the social value of local languages and mixed languages (Goebel, In press). These processes effectively drove language change in the social domain of television

    Status of the second phase of the MAGIC telescope

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    The MAGIC 17m diameter Cherenkov telescope will be upgraded with a second telescope with advanced photon detectors and ultra fast readout within the year 2007. The sensitivity of MAGIC-II, the two telescope system, will be improved by a factor of 2. In addition the energy threshold will be reduced and the energy and angular resolution will be improved. The design, status and expected performance of MAGIC-II is presented here.Comment: 4 pages, 5 figures, to appear in the proceedings of the 30th International Cosmic Ray Conference, Merida, July 200

    Adding a Little Gold to the Golden Years: Should the European Union Prohibit Compulsory Retirement as Aged-Based Discrimination in Employment?

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    On October 2, 1997, the Member States of the European Union signed the Treaty of Amsterdam which amended the European Community Treaty (ECT). Among the Amsterdam Treaty\u27s most important new provisions was ECT Article 13, which authorized the Council of Ministers, acting unanimously, to take appropriate action to combat discrimination based on sex, racial or ethnic origin, religion or belief disability, age or sexual orientation. The Council acted with surprising rapidity to adopt Directive 2000/78, which prohibits discrimination in employment on all the listed bases (except for racial or ethnic origin, which is covered by Directive 2000/43). Since December 2, 2003, the end of the period for Member State implementation of Directive 2000/78, the Court of Justice has issued numerous judgments interpreting and applying the Directives provisions. By far the largest number have concerned the Directives prohibition of discrimination in employment based on age. To date there has been relatively little American (or indeed EU) academic commentary upon the Court\u27s judgments. This article is accordingly timely in its presentation of the terms of Directive 2000/78, and its critical examination of the Court judgments concerning the prohibition of discrimination in employment based on age. Moreover the article compares the impact of the Directive and the Court judgments with the prohibition of discrimination in employment based on age through the U.S. Age Discrimination in Employment Act (ADEA), initially adopted in 1969. As amended in 1984, the ADEA totally prohibits employers from setting a compulsory retirement date, except where advanced age tends to impair an employee s occupational qualifications essential for performance in a particular profession or job. In Part I, the article describes the operational provisions of Directive 2000/78 relevant to the prohibition of age-based discrimination. The principal focus of the article, in Part II, is a description and critical examination of the four Court judgments reviewing national rules that authorize employers to set an age (usually sixty-five) for the compulsory retirement of employees. Part III supplements this with a description and critical examination of national compulsory retirement rules for certain specific professions or occupations (e.g., airline pilots, policemen, firemen, judges, prosecutors). Because the Court of Justice\u27s judgments have held that national rules authorizing employers to set a compulsory retirement age do not violate Directive 2000/78, a natural question is whether this judicial conclusion can be considered to be appropriate, as compared to the total prohibition of compulsory retirement in the U.S. After considering the significant difference between the limited social impact of the prohibition of compulsory retirement in the U.S., as contrasted with the significant adverse social impact of prohibiting compulsory retirement in many EU Member States, the article concludes that substantially higher unemployment rates among young people under thirty in some EU States justify their governments\u27 rules that authorize employers to set a compulsory retirement age. Accordingly, the Court\u27s judgments that permit national rules to authorize compulsory retirement in order to open employment opportunities for younger workers can be evaluated as appropriate and justified

    The European Union in Transition: The Treaty of Nice in Effect; Enlargement in Sight; A Constitution in Doubt

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    This Article is intended to provide an overview of this transitional moment in the history of the European Union. Initially, the Article will briefly review the background of the Treaty of Nice, and the institutional structure modifications for which it provides, which paves the way for enlargement. Next it will describe the final stages of the enlargement process. Finally, the Article will set out the principal institutional innovations and certain other key aspects of the draft Constitution, the most important issues concerning them, and the current impasse

    Dedication to Advocate General Francis Jacobs

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    This issue of the Fordham International Law Journal represents a solid tribute to the attainments of Francis Jacobs produced by a group of respected scholars. Some Articles present a serious analysis of his own opinions, while others review major current issues in the field. Altogether the authors join in expressing their highest respect for Francis Jacobs\u27 extraordinary contribution to the evolution of European Union law, and their expectation that he will continue to provide a valuable impetus to European Union studies as he returns to academic life

    Court of Justice Oversight Over the European Central Bank: Delimiting the ECB\u27s Constitutional Autonomy and Independence in the OLAF Judgment

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    An article devoted to the European Court of Justice\u27s (“ECJ” or the “Court”) judicial review of the European Central Bank\u27s (“ECB”) level of constitutional autonomy and independence may seem a bit arcane in a book dedicated to honor Advocate General Francis Jacobs upon his retirement from the Court. The topic is, however, eminently suitable, because it highlights his influence in a case remote from the many fields of law in which his impact has been so marked-- e.g., free movement of goods, competition law, trademarks and other intellectual property rights, free movement of services and establishment rights, human rights protection, and taxation. This Article will first discuss the high importance of the principle of independence for the ECB in its control of monetary policy and the European currency, noting some aspects of the academic debate concerning the appropriate level of such independence. The first section also observes that a debate about the constitutional nature and autonomy of the ECB has become intertwined with the appraisal of its level of independence. The Article then reviews the EC Treaty\u27s attribution to the Court of jurisdiction within Monetary Union, including a power of judicial review of the ECB\u27s status, measures and decisions. The following section sets out the conflict between the Commission and the ECB in the OLAF case. The Article concentrates upon the text in Advocate General Jacob\u27s opinion and the Court\u27s judgment concerning the constitutional status of the ECB as an organ or body structured within the Community framework and concerning the scope of the ECB\u27s independence. The final section provides several reflections upon the ultimate impact of the judgment and opinion. The reflections stress the importance of the Court\u27s rejection of the ECB\u27s claim to virtual autonomy in constitutional terms and the related subjection of the ECB to the rule of law within the EC. The final commentary also considers the Court\u27s and especially Advocate General Jacobs\u27 demarcation of the functional nature of the ECB\u27s independence. Advocate General Jacobs\u27 discussion of the value and extent of democratic accountability of the ECB is also highlighted
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