Grandfather Clause Research Articles

“This Crisis of Our History”: The Colored Conventions Movement and the Temporal Construction of Southern Politics

AbstractAfter defeat in the Civil War, the white South used time as a tool of political oppression. Myths of the “Old South” and the “Lost Cause” distorted history and public memory; vagrancy laws and labor regulations controlled the time of the newly free; grandfather clauses distributed rights based on past conditions; and attacks on education, labor, and democratic rights undermined progress in the “New South.” In this article, I show that Black southerners also recognized the political value of time. My source for their sentiments is the Colored Conventions Movement. From 1865 to 1900, dozens of conventions gathered in the South, at a significantly higher rate than in other regions. Delegates deployed temporal rhetoric of the past, present, and future in pursuit of equality and justice by (1) publicly recounting African American history and national contributions to counter white narratives, (2) arguing that emancipation was a new founding moment and the present a time of ongoing crisis, and (3) demanding labor and education rights to secure the future. Scholars of American political development often consider time in studies of institutional change; we should also explore the use of time as a political tool and how temporality illuminates American racial dynamics.

Grandfather Clause in the Trade Sector as a Security in Investment after Job Creation Act

This study discusses the application of the Grandfather Clause, especially in the trade sector, as a form of certainty in investment law after the issuance of the Job Creation Act. The main issues discussed in this study are how to apply the Grandfather Clause to ensure legal certainty for investors and business actors in the trade sector pre-Job Creation Act. And whether the Grandfather Clause can be a form of legal certainty for investors and business actors in the trade sector that engaged in the post-Job Creation Act. Of course, the aim is to analyze the application of the Grandfather Clause, especially in the trade sector, as a means of legal certainty for investors or business actors engaged in the trading sector. The research method used is a normative research method with a statute approach. The research results show that implementing the Grandfather Clause after changes of the Negative Investment List (DNI) from year to year can provide legal certainty for investors and business actors. In addition, it is also known that the actual implementation of the Grandfather Clause can be adjusted according to the preferences of investors and business actors. In this case, the Grandfather Clause may not be applied if it is felt that the provisions and licensing requirements in the existing regulations are considered more profitable.

Grandfather Clause in the Trade Sector as a Security in Investment after Job Creation Act

This study discusses the application of the Grandfather Clause, especially in the trade sector, as a form of certainty in investment law after the issuance of the Job Creation Act. The main issues discussed in this study are how to apply the Grandfather Clause to ensure legal certainty for investors and business actors in the trade sector pre-Job Creation Act. And whether the Grandfather Clause can be a form of legal certainty for investors and business actors in the trade sector that engaged in the post-Job Creation Act. Of course, the aim is to analyze the application of the Grandfather Clause, especially in the trade sector, as a means of legal certainty for investors or business actors engaged in the trading sector. The research method used is a normative research method with a statute approach. The research results show that implementing the Grandfather Clause after changes of the Negative Investment List (DNI) from year to year can provide legal certainty for investors and business actors. In addition, it is also known that the actual implementation of the Grandfather Clause can be adjusted according to the preferences of investors and business actors. In this case, the Grandfather Clause may not be applied if it is felt that the provisions and licensing requirements in the existing regulations are considered more profitable.

Analyzing the Influence of Occupational Licensing Duration and Grandfathering on Wage Determination

The length of time from the implementation of an occupational licensing statute (i.e., licensing duration) may matter in influencing labor‐market outcomes as entry requirements evolve. In addition, states enact grandfather clauses that allow existing workers to continue employment following these regulations, while ratcheting up requirements to increase entry costs for new entrants. We analyze the labor‐market influence of the duration of occupational licensing statutes for fifteen state universally licensed occupations over a 75‐year period. We find a positive nonlinear wage effect for licensing duration. Further, we find that occupational licensing raises the wages of grandfathered workers by almost 5 percent. The licensed occupations, however, exhibit heterogeneity in outcomes. Duration of occupational licensing influences wage determination when measured over longer time periods.

Democracy's Destiny

From its beginning, America has had a paradoxical democracy, where all men are created equal while simultaneously denying the right to vote to anyone who was not White, male, or owned property. The pandemic exposed the fault lines of our democratic form of government. Those imposing barriers to the ballot are facing off against the advocates of access. It is not a new battle. In America, we seek ways to limit who can participate instead of expanding opportunities. We have dedicated our resources to dancing around the edges of democracy-by advocating for vote by mail or automatic voter registration, for example-while allowing states to develop blockades to the ballot that are confusing and quite effective. Without a doubt, America is at a crossroads. The shenanigans that this country has used to prevent access to the ballot box, such as the poll tax, grandfather clause, restrictive voter ID laws, voter purges, and felon disenfranchisement, are antidemocratic and harmful to our system. COVID-19 exposed the fault lines. We must repair them. A free, fair, inclusive, nondiscriminatory right to vote is essential to a healthy democracy. We are in the position to craft a true democratic system of government. Will this country live up to its democratic destiny or continue to deny our journey to a more perfect union?

The ethics of grandfather clauses in healthcare resource allocation

A grandfather clause is a provision whereby an old rule continues to apply to some existing situation while a new rule applies to all future cases. This paper focuses on the use of grandfather clauses in health technology appraisals (HTAs) issued by the National Institute for Health and Care Excellence (NICE) in the United Kingdom. NICE provides evidence-based guidance on healthcare technologies and public health interventions that influence resource allocation decisions in the National Health Service (NHS) and the broader public sector in England and Wales. In this context, a grandfather clause is included when NICE does not recommend treatment with a given technology. The grandfather clause provides an exemption from the general recommendation for patients who have already started treatment with the technology in question, before the publication of the NICE guidance. In this paper we first lay out the contexts in which grandfather clauses occur in NICE guidance, and then consider ethical arguments against and in support of grandfather clauses and the continuation of treatment. We argue that NICE's current practice of automatic inclusion of a grandfather clause is ethically problematic and unfair. While the inclusion of a grandfather clause may be appropriate and justified in specific cases, we argue that inclusion of such a clause should be considered as part and parcel of the decision making process on a case by case basis, rather than adopted as the default.

AORN Position Statement on Advanced Practice Registered Nurses in the Perioperative Environment

<scp>AORN</scp> Position Statement on Advanced Practice Registered Nurses in the Perioperative Environment

Grandfather Clause and Customer Loyalty: Evidence from a Quasi-Experiment

In customer relationship management (CRM), the grandfather clause is a common practice that differentiates between existing and new customers and exempts existing customers from a price hike to maintain their loyalty. Since the existing customers do not experience any price change, however, the effect of the grandfather clause on their loyalty is not theoretically straightforward. We explore this research question with a quasi-experiment involving a subscription-based video-streaming firm. The results suggest that the grandfather clause positively impacts subscribers’ behavioral loyalty: the grandfathered subscribers who were notified of this policy (hereafter, “addressed subscribers”) kept their subscription for 22.71 days more than the grandfathered subscribers who weren’t notified (hereafter, “unaddressed subscribers”). Further analyses of video consumption and content contribution behavior revealed that both economic considerations and attitudinal changes contributed to the increase in subscription duration. Addressed subscribers extended their subscription because they wanted to avoid the future cost of churning and re-subscribing for a higher price. Since the grandfather clause was a preferential treatment for the grandfathered subscribers, it also led to positive attitudinal changes, which manifested as an increase in subscription duration and content contribution behavior. The attitudinal changes were stronger for communal-oriented subscribers than exchange-oriented subscribers, consistent with the relationship norm theory. This paper contributes to the CRM literature by establishing the grandfather clause as an effective CRM strategy upon a price increase. It also contributes to the behavior-based pricing literature by providing empirical evidence for the validity of forward-looking behavior and the role of the fairness concern in the model.

Brief of Professor Ryan M. Rodenberg as Amicus Curiae in Support of Neither Party

Under PASPA, disfavored States are bereft of options to address sports gambling within their borders. States without sanctuary under PASPA’s grandfather clause can either (i) do nothing in a pressing area of concern or (ii) be susceptible to repeated regulatory litigation initiated by private actors. Such a Hobson’s choice is unconstitutional. The parties have positioned this case for resolution on anti-commandeering grounds under New York and Printz. Such positioning is misplaced. PASPA differs markedly from the statutes invalidated in New York and Printz. Through PASPA, Congress has directed States not to legislatively address sports gambling, while effectively leaving the regulatory enforcement of PASPA’s decree to self-interested private parties. Also, via a grandfather clause, PASPA mandates that its ban on sports gambling only applies to certain States. This type of “outsourced commandeering” that applies in some States, but not others, puts PASPA in an unconstitutional territory far removed from New York and Printz. Beyond PASPA’s two-pronged unconstitutionality under the equal sovereignty doctrine and the private nondelegation doctrine, the district court also erroneously granted injunctive relief to non-litigant third parties. The lower court’s misinterpretation of PASPA’s text presents the Court with a nonconstitutional option to resolve the case, as the underlying injunction should be vacated and the case remanded. Amicus curiae submits that these alternatives provide the Court with the framework for deciding this case.

A spatiotemporal analysis of non-medical exemptions from vaccination: California schools before and after SB277

Childhood vaccination programs are considered one of the most beneficial public health programs in modern history. In the United States, the increasing use of non-medical exemptions (NMEs) from school entry vaccination requirements has garnered attention and scrutiny in the popular press, academic literature, and policy forums. In 2016, California law SB277 goes into effect, eliminating the NME option for students attending the state's public and private schools. Whereas SB277 is a strong move to increase vaccination coverage within California's schools, the new law contains an important caveat – students already having a valid NME (obtained prior to the 2016 school year) are “grandfathered” in until their next grade checkpoint (seventh grade). Although no new students will enter the California school system with a NME after 2016, the law's grandfather clause will allow NMEs to persist within the state school system until 2022. This analysis demonstrates how the past “build up” of students with pre-SB277 NMEs and the law's grandfather clause will act in combination to affect NME rates across the state after the implementation of SB277. We construct spatially explicit, yearly models of all students (K-12) enrolled in the California school system from 2011 to 2022. Our analysis finds that, although all regions of the state will eventually reach an NME rate of 0% by 2022, SB277's effect will be highly spatially and temporally variable. Some school districts will continue to experience elevated NME rates and increased risk of disease outbreak for years after SB277 is implemented. Our analysis highlights the potential spatially variant consequences of SB277's grandfather clause, providing important information for other states considering similar policy initiatives.

The Rebel Soldier Who Became Chief Justice of the United States: The Civil War and its Legacy for Edward Douglass White of Louisiana

Edward Douglass White (1844-1921) was appointed associate justice of the U.S. Supreme Court in 1894 when he was a sitting U.S. senator, and was elevated to chief justice in 1910. Given his background—White was a Democrat, Confederate veteran, sugar planter and lawyer from New Orleans, and son of a Louisiana governor—one would have expected White to share the legal and political views of others of his background, class, and region, which were generally hostile to federal power and supportive of white supremacy. Yet White was a nationalist on the Supreme Court. He was considered a de facto Republican by many prominent northern Republicans, and was elevated to the chief’s seat by William Howard Taft. As a justice White voted repeatedly to uphold expansive uses of Congress’s regulatory and taxing powers, including powers first exercised by the Union during the Civil War to tax income and raise armies by conscription. White did not have enlightened racial views, and joined the majority of the Court in Plessy v. Ferguson. But he also wrote the Court’s decisions holding unconstitutional that so-called “grandfather clauses” that were used in the South after the war to prevent African-Americans from voting, and voted in favor of civil rights in other important cases. Previous biographers have recognized the importance of White’s experience as a Confederate soldier to his life and later judicial and political outlook. But the details they have published about White’s military service have been only brief and vague, and sometimes simply wrong. Relying on a far broader array of original and secondary sources than any previous study, this paper explores what exactly White did, saw, and experienced during the Civil War. Crucially, though, the story is also one about omissions and even deception by White. A newly-discovered document shows that he lied to Federal interrogators about his war service when he was captured in 1865. In later life White rarely spoke of the war, and when he did he offered almost no details about his service. He failed to correct the record when inaccurate biographical details about his service were published. His actual war service was almost certainly much less extensive and honorable than previous biographers have claimed. The most detailed information we possess shows him joining a marauding guerrilla band in rural Louisiana in the closing months of the war. Later in life, what White did clearly and honestly express about the war was deep regret that it occurred at all, anguish about its human toll and effect on his beloved country, and self-criticism about his youthful service on the Confederate side. This picture that emerges of White and his war service is much more complex than offered in previous biographical studies, and provides a surer foundation for assessing his jurisprudence on the Supreme Court and accurately understanding his place in the country’s political and legal history.

California Senate Bill 277's Grandfather Clause and Nonmedical Vaccine Exemptions in California, 2015-2022.

California Senate Bill 277's Grandfather Clause and Nonmedical Vaccine Exemptions in California, 2015-2022.

A Timeline of Biological Assessments: Our Nonspatial Continuum

Much of our dental history is recognized through oral tradition, which has led to myths and misconceptions regarding the efficacy of early restorative agents. Dental biomaterial history has tended to report only certain aspects research in a few textbooks that are expensive and not readily available to the larger dental audience. Our purpose is to provide a detailed peer-reviewed document, which provides a chronological account of our in vitro and in vitro biological continuum. This document follows a published historical chronological timeline of biomaterial testing literature beginning with its little known inception in 1779. Many of the early dental restorative agents evolved due to their anodyne capacity to alleviate tooth pain and provide a modest bacteriostatic capacity. Those that were successful were modified as temporary cavity filling agents and evolved to more permanent fillings. Unfortunately, many of the early agents e.g. antimony, arsenic, asbestos, canthrides, formalin, mercury, mustard, phenol to name a few were toxic to the tooth and supporting periodontal tissues as well as failing to support lost tooth structure. The National Institute of Dental Research required biomaterial testing in the late 1940’s. Even today, the agency permits many pre-1950 agents via the grandfather clause for commercial inclusion and clinical use, while requiring all new post-1958 agents to pass both in-vitro and in vivo testing hurdles. We routinely place restorative agents that infiltrate in graded interphases to interdiffuse into vital enamel, dentine and even cementum by forming a unique biomimetic substrate that mimics the color and opacity of the human tooth. Our biological continuum is still evolving with technologies that will continue to change our clinical future. Our profession has been the global benefactor of dynamic change. Unfortunately, our biomaterials testing status quo is not acceptable as many toxic agents e.g. formalin still remain in our clinics.

The Rebel Soldier Who Became Chief Justice of the United States: The Civil War and Its Legacy for Edward Douglass White of Louisiana

Edward Douglass White (1844-1921) was appointed associate justice of the U.S. Supreme Court in 1894 when he was a sitting U.S. senator, and was elevated to chief justice in 1910. Given his background — White was a Democrat, Confederate veteran, sugar planter, and lawyer from New Orleans, and son of a Louisiana governor — one would have expected White to share the legal and political views of others of his background, class, and region, which were generally hostile to federal power and fervently in favor of white supremacy. Yet White was a nationalist on the Supreme Court. He was considered a de facto Republican by many prominent northern Republicans, and was elevated to the chief’s seat by William Howard Taft. As a justice White voted repeatedly to uphold expansive uses of Congress’s regulatory and taxing powers, including powers first exercised by the Union during the Civil War to tax income and raise armies by conscription. White did not have enlightened racial views, and joined the majority of the Court in Plessy v. Ferguson and other decisions that denied equal rights to African-Americans. But he also wrote the Court’s decisions holding unconstitutional that so-called “grandfather clauses” that were used in the South after the war to prevent African-Americans from voting, and voted in favor of civil rights in other important cases. Previous biographers have recognized the importance of White’s experience as a Confederate soldier to his life and later judicial and political outlook. But the details they have published about White’s military service have been only brief and vague, and sometimes simply wrong. Relying on a far broader array of original and secondary sources than any previous study, this paper explores what exactly White did, saw, and experienced during the Civil War. Crucially, though, the story is also one about omissions and even deception by White. A newly-discovered document shows that he lied to Federal interrogators about his war service when he was captured in 1865. In later life White rarely spoke of the war, and when he did he offered almost no details about his service. He failed to correct the record when inaccurate biographical details about his service were published. His actual war service was almost certainly much less extensive and honorable than previous biographers have claimed. The most detailed information we possess shows him joining a marauding guerrilla band in rural Louisiana in the closing months of the war. Later in life, the one thing that White clearly and honestly expressed about the war was deep regret that it occurred at all, anguish about its human toll and effect on his beloved country, and self-criticism about his youthful service on the Confederate side. This picture that emerges of White and his war service is much more complex than offered in previous biographical studies, and provides a surer foundation for assessing his life and judicial work, and accurately understanding his place in the country’s political and legal history.

Consumer Complacency and Grandfather Clauses

We examine firms' motivations for implementing grandfather clauses that allow certain consumers to continue access to a service at a favorable, but no longer available price. We find that when consumers are fully cognizant of their valuations for available product alternatives, firms are typically better off offering all potential consumers the optimal uniform price. However, if grandfathered consumers are made complacent, failing to reevaluate the service over time, grandfather clauses may permit firms to profitably price discriminate between early adopters and new consumers in exchange for forfeiting the right to optimally set prices for early adopters.

Congress Must Act to Guard Our Most Important Right

The recent Supreme Court decision in Shelby County v.Holder, invalidating the “pre-clearance” formula of the Voting Rights Act — which required states with a history of race discrimination in voting to secure federal approval prior to changing election practices — provides an opportunity for Congress to strengthen protection of minority voting rights. While discriminatory methods today are far from the lynch mobs and grandfather clauses that stopped blacks from voting during Jim Crow, the end result of voter suppression and dilution remains largely the same. Congress should act quickly and decisively on this core American principle in order to ensure minority participation in the democratic process.

Point/Counterpoint

Point/Counterpoint

The European College of Veterinary Surgeons 1991–2011: A 20‐Year Success Story

The first meeting leading to the formation of the European College of Veterinary Surgeons (ECVS) was held August 30/31, 1990 in Lenzburg, Switzerland. Specialists in small animal and large animal surgery from practice and academicians from many European countries were invited. The constitution was developed based on that of the American College of Veterinary Surgeons (ACVS). ECVS was founded during the ACVS European Surgical Forum in Nice in 1991. The provisional Board elected at this meeting stayed active during the initial 4 years to provide stability. For the 146 Charter Members to become a Diplomate, they had to pass an examination. Therefore, the ECVS is the only Specialty College that does not have a "Grand Father Clause." In 2000 ECVS, was the first College to acquire full recognition-status by the European Board of Specialization (EBVS), which underlines the leading role the surgeons play in the development of the European veterinary specialty colleges. Like its American Sister College, ECVS maintains high standards for surgical training programs for Residents and administers rigorous certifying examinations. It is appropriate to recall the facts that lead to foundation of ECVS on its 20-year anniversary.

INTRODUCTION: DOCUMENTING THE NAACP'S FIRST CENTURY—FROM COMBATING RACIAL INJUSTICES TO CHALLENGING RACIAL INEQUITIES

With its emphasis on litigation and challenging laws and practices of courts and law enforcement agencies, NAACP played a direct or indirect role in dismantling of white supremacist legal structures built into legal system that carried over from 19th into first half of 20th century. There was a time when those of Black Power generation and their progenitors went so far as try and make fun of stolid, serious middle-class professional approach pursued by NAACP's national and local leaders. The broad strain of elitism that went along with how NAACP operated in many places, and slowness of process of litigation in achieving positive changes, meant that organization was open criticism from members of younger generation who were anxious move and sometimes were asked put their lives on line to advance race. (1) The pedigree of NAACP certainly explains elitist tendencies. Since founders were prominent social reformers, jurists, educators, and philanthropists, early leadership included elite and prominent professionals in New York City, Boston, Chicago, Washington, DC, and other cities. The racial violence in Springfield, Illinois, in 1908 originally galvanized Progressive reformers. The NAACP's modus operandi became investigating, protesting, and publicizing incidents of racial violence and lynching, which a few years later would devolve into Pogrom that took place in East St. Louis, Illinois, in July 1917. (2) In that first decade relationship between what masses of African Americans needed and demanded, given their oppressed circumstances, and what NAACP elites and non-elites would be able deliver, was often strained and tense and remained this way over next few decades. From beginning, poor and working-class black southerners appealed NAACP for help surviving in highly racialized environment of so-called Progressive South. The NAACP Committee set up Legal Bureau in 1913 accept complaints and offer assistance, but was quickly inundated with letters and appeals for help. Supported by contributions and membership fees alone, NAACP leaders operated under strong financial pressures from beginning, and this forced them scale back what organization could undertake. In 1913 NAACP attorney Arthur Spingarn remarked, Every colored man or women in country who has been cheated or wronged or lost a position or wants a promotion assumes that through our association he can obtain end he desires. Spingarn, Charles Sturdin, and other attorneys were working pro bono, and organization was constantly running deficits. Thus according historian Patricia Sullivan, when NAACP received hundreds of complaints of unfair racial bias, early leaders decided follow social welfare activist Jane Addams's suggestion, and agreed that the association limit itself those cases that tested broad legal principles, such as residential segregation ordinances or voting rights. (3) At same time, first major victories actually came in courts with Supreme Court decisions in Guinn v. United States in 1915 and Buchanan v. Warley in 1917. In Guinn, Moorfield Storey, one of leading lawyers in early 20th century and one-time president of American Bar Association, was allowed file an amicus curie brief on behalf of NAACP in a case brought by Solicitor General John W. Davis in 1913. John Milholland, NAACP founder and president of Constitution League, brought Davis's attention decision of Maryland Court of Appeals outlaw state's grandfather clause, exempting certain voters from having fulfill several registration qualifications. Grandfather clauses were placed in state constitutions beginning in early 1890s enfranchise poor, illiterate whites who had become disgruntled by naked class condescension expressed by wealthy planters and politicians who continued harp on need for an educated electorate. …

Santa Claus or grandfather clause

Santa Claus or grandfather clause