Topic
Doctrine
About: Doctrine is a research topic. Over the lifetime, 21901 publications have been published within this topic receiving 204282 citations.
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TL;DR: A grounded theory study on black West Indian Canadian Women's strategies for managing depression discovered a basic social process, Being Strong, that the women used to manage or ameliorate depression.
Abstract: There is a paucity of literature available to assist nurses and other care providers in knowing how to meet the needs of depressed women from non-dominant cultural backgrounds. To begin to address this need, we conducted a grounded theory study on black West Indian Canadian Women's strategies for managing depression. We discovered a basic social process, Being Strong, that the women used to manage or ameliorate depression. Being strong occurs within the overlapping areas of three social contexts: the cultural stigma of depression, male-female roles and relationships, and belief in Christian doctrine. These contexts are located against a backdrop of visible minority status within a eurocentric society. This socio-cultural contextual material provides the setting within which black West Indian Canadian women live and make decisions. In this article, we present findings related to the social and cultural aspects of the women's situation.
55 citations
TL;DR: In this article, the authors study the relationship between an advantaged cost position and the decision to build market share, and offer a rebuttal of experience curve doctrine, which they call experience curve theory.
Abstract: The author studies the relationship for a typical business unit between an advantaged cost position and the decision to build market share. He first offers a rebuttal of experience curve doctrine, ...
55 citations
TL;DR: The origins of balancing and proportionality in American and European constitutional systems were examined in this paper. But the origins of proportionality and balancing were very different in the United States and Europe.
Abstract: American and European constitutional systems have two similar doctrines: balancing and proportionality. Both resemble each other in important aspects and are often discussed in tandem. However, balancing has never attained the status of an established doctrine in American constitutional law in the same way that proportionality has in European constitutional law. Moreover, balancing has always been the subject of fierce criticism and is very much a controversial concept in American constitutional law. European proponents of proportionality are perplexed by this American resistance which is sometimes viewed as based on American isolationalism and unilateralism. In this article we suggest an original, and often overlooked, explanation to the difference between balancing and proportionality – the historical origins of the two concepts. We examine the ways in which proportionality developed in Germany and balancing in the United States and show that the origins of both concepts were very different. For instance, proportionality was originally developed in administrative law, and was only tangentially (if at all) related to private law, whereas balancing arose in private law and was only later extended to public law; proportionality was created as part of an attempt to protect individual rights, whereas balancing was created for the exact opposite purpose – to check overzealous protection of rights by the Supreme Court during the Lochner era. We suggest that these differences may go a long way in explaining current disparities in attitudes and current barriers to dialogue and convergence between these two concepts.
55 citations
Book•
01 Jan 1969
TL;DR: In this paper, the authors present a survey of the application of the European Human Rights Convention, describing the reports and decisions of its appointed organs, Article by Article and Clause by Clause, from 1968 to the end of 1982 and in some instances more recently than that.
Abstract: This second edition is a revised and updated survey of the application of the Convention, describing the reports and decisions of its appointed organs, Article by Article and Clause by Clause, from 1968 to the end of 1982, and in some instances more recently than that. Given the vast expansion of human rights since 1968, the survey has been confined to the Convention, and there is no attempt to discuss legal or political doctrine. The new edition which draws upon the author's unique and extensive experiences as President of the European Commission of Human Rights will, like its forerunner, be the first point of reference for students and scholars of European Human Rights. Please note that the paperback edition only is available on inspection.
55 citations
TL;DR: In the late 1960s, what would be heralded as a revolution in products liability law had begun, reflected in the adoption of "strict liability" for defective products.
Abstract: Nostalgia buffs hold the 1950s in especially high regard. It is generally thought to be the last decade of America's innocence-a period of relative quiescence in which political activism was at a low ebb. Post-war industrial growth had brought unprecedented economic prosperity, but misgivings about the costs of the new affluence-the development of a refined sensitivity to health and safety concerns that would strongly influence popular attitudes beginning in the next decade-had yet to arise.l Tort law, on the whole, mirrored these cultural themes. By the late 1960s, what would be heralded as a revolution in products liability law had begun, reflected in the adoption of "strict liability" for defective products.2 Spurred on by a newly emerging concern about toxic exposures and a broader-based rise in claims consciousness on the part of the public, tort awards and tort doctrine were swept up in a period of legal turbulence that
55 citations