Government powers Books

Book SynopsisFROM THE WINNERS OF THE NOBEL PRIZE IN ECONOMICSOne of the Financial Times'' Best Books of 2019One of Kirkus Reviews'' Best Books of 2019Shortlisted for the Lionel Gelber Prize''This book is more original and exciting than its predecessor...the highly influential Why Nations Fail' Martin Wolf, Financial TimesBy the authors of the international bestseller Why Nations Fail, based on decades of research, this powerful new big-picture framework explains how some countries develop towards and provide liberty while others fall to despotism, anarchy or asphyxiating norms - and explains how liberty can thrive despite new threats.Liberty is hardly the ''natural'' order of things; usually states have been either too weak to protect individuals or too strong for people to protect themselves from despotism. There is also a happy Western myth that where liberty exists, it''s a steady state, arrived at by ''enlightenment''. But liberty emerges only when a delicate and incessant balance is struck between state and society - between elites and citizens. This struggle becomes self-reinforcing, inducing both state and society to develop a richer array of capacities, thus affecting the peacefulness of societies, the success of economies and how people experience their daily lives.Explaining this new framework through compelling stories from around the world, in history and from today - and through a single diagram on which the development of any state can be plotted - this masterpiece helps us understand the past and present, and analyse the future.''As enjoyable as it is thought-provoking'' Jared DiamondTrade ReviewThis book is more original and exciting than its predecessor...the highly influential Why Nations Fail -- Martin Wolf * Financial Times *One of the biggest paradoxes of political history is the trend, over the last 10,000 years, towards the development of strong centralized states, out of the former bands and tribes of no more than a few hundred people that formerly constituted all human societies. Without such states, it would be impossible for societies of millions to function. But-how can a powerful state be reconciled with liberty for the state's citizens? This great book provides an answer to this fundamental dilemma. You will find it as enjoyable as it is thought-provoking -- Jared Diamond, Professor of Geography at UCLA, Pulitzer-Prize-winning author of Guns, Germs, and SteelAnother outstanding, insightful book by Acemoglu and Robinson on the importance and difficulty of getting and maintaining a successful democratic state. Packed with examples and analysis, it is a pleasure to read -- Peter Diamond, Nobel Laureate in Economics, 2010Society and state need each other. Applying a global wealth of historical detail to a simple analytic framework, Acemoglu and Robinson build a powerful argument against the current opposing fashions of totalitarianism and the stateless society -- Sir Paul Collier, author of The Bottom BillionThe Narrow Corridor takes us on a fascinating journey, across continents and through human history, to discover the critical ingredient of liberty. It finds that it's up to each of us: that ingredient is our own commitments, as citizens, to support democratic values. In these times, there can be no more important message-nor any more important book -- George Akerlof, Nobel Laureate in Economics, 2001How should we view the current challenges facing our democracies? This brilliant, timely book offers a simple, powerful framework for assessing alternative forms of social governance. The analysis is a reminder that it takes vigilance to maintain a proper balance between the state and society-to stay in the 'narrow corridor'-and avoid falling either into statelessness or dictatorship -- Bengt Holmstrom, Nobel Laureate in Economics, 2016Why is it so difficult to develop and sustain liberal democracy? The best recent work on this subject comes from a remarkable pair of scholars, Daron Acemoglu and James A. Robinson. In their latest book, they have answered this question with great insight -- Fareed Zakaraia * Washington Post *Liberty does not come easily. Many populations suffer from an ineffective state and are stuck in a cage of norms and traditions, of self-appointed chiefs, dispute adjudicators, guardians of souls and husbands turned tyrants. Others are subdued by a despotic Leviathan. In this highly original and gratifying fresco, Daron Acemoglu and Jim Robinson take us on a journey through civilizations, time and locations. Their narrow corridor depicts the constant and often unstable struggle of society to keep the Leviathan in check and of the Leviathan to weaken the cage of norms. A remarkable achievement that only they could pull off and that seems destined to repeat the stellar performance of Why Nations Fail -- Jean Tirole, Nobel Laureate in Economics, 2014

Read more less

Book SynopsisA magisterial exploration of whistleblowing in America, from the Revolutionary War to the Trump era A brisk and interesting (Jill Lepore, New Yorker) exploration of whistleblowing in America, from the Revolutionary War to the Trump eraPROSE Award winner in theGovernment, Policy and Politics category Misconduct by those in high places is always dangerous to reveal. Whistleblowers thus face conflicting impulses: by challenging and exposing transgressions by the powerful, they perform a vital public serviceyet they always suffer for it. This episodic history brings to light how whistleblowing, an important but unrecognized cousin of civil disobedience, has held powerful elites accountable in America. Analyzing a range of whistleblowing episodes, from the corrupt Revolutionary War commodore Esek Hopkins (whose dismissal led in 1778 to the first whistleblower protection law) to Edward Snowden, to the dishonesty of Donald Trump, Allison Stanger reveals the centrality of whistleblowing tTrade Review“[An] exceptionally sharp forthcoming book.”—Bret Stephens, New York Times “A brisk and interesting history.”—Jill Lepore, New Yorker “I believe Stanger’s book provides a valuable analysis, also for non-Americans. (…) Stanger shows a coherence in the historical actions she puts forward as instances of whistleblowing. (…) very inspirational” – Wim Vandekerckhove, Philosophy of ManagementWinner in the PROSE Awards Government, Policy and Politics category, sponsored by the Association of American Publishers"A stunningly original, deeply insightful, and compelling analysis of the profound conflicts we have faced over whistleblowing, national security, and democracy from our nation's founding to the Age of Trump."—Geoffrey R. Stone, author of Perilous Times: Free Speech in Wartime"The depth, breadth and power of the national security state should concern every American who cares about our democracy. Allison Stanger has woven interviews, insights, and great stories into a compelling argument for why we must celebrate and protect whistleblowers as the indispensable guardians of our national ideals."—Anne-Marie Slaughter, author of The Chessboard and the Web"This clear-eyed, sobering book narrates a history of whistle-blowing, from the American Revolution to Snowden to Comey, and delivers the verdict that the republic is at risk—a must read."—Danielle Allen, author of Our Declaration

Read more less

Book SynopsisTitle 14 presents regulations governing the activities of the Department of Transportation and the National Aeronautics and Space Administration in the areas of aeronautics and space, including: aircraft, airmen, airspace, air traffic, certification of air carriers and operations, and airports. Additions and revisions to this section of the code are posted annually by January. Publication follows within six months.

Read more less

Book SynopsisTrade Review"Winner of the Thomas M. Cooley Book Prize, Georgetown Center for the Constitution""Finalist for the George Washington Prize, Washington College, the Gilder Lehrman Institute, and George Washington’s Mount Vernon"

Read more less

Book SynopsisTable of ContentsAcknowledgements Introduction Chapter 1: Blueprint Chapter 2: Building Chapter 3: Remedies Chapter 4: Collapse Chapter 5: Remains Coda Notes Index

Read more less

Book SynopsisReveals how the U.S. Supreme Court's presidentialism threatens our democracy and what to do about it. Donald Trump's presidency made many Americans wonder whether our system of checks and balances would prove robust enough to withstand an onslaught from a despotic chief executive. In The Specter of Dictatorship, David Driesen analyzes the chief executive's role in the democratic decline of Hungary, Poland, and Turkey and argues that an insufficiently constrained presidency is one of the most important systemic threats to democracy. Driesen urges the U.S. to learn from the mistakes of these failing democracies. Their experiences suggest, Driesen shows, that the Court must eschew its reliance on and expansion of the "unitary executive theory" recently endorsed by the Court and apply a less deferential approach to presidential authority, invoked to protect national security and combat emergencies, than it has in recent years. Ultimately, Driesen argues that concern about loss of democracy should play a major role in the Court's jurisprudence, because loss of democracy can prove irreversible. As autocracy spreads throughout the world, maintaining our democracy has become an urgent matter.Trade Review"David Driesen has written an eloquent and powerful account of the Framers' concern about 'tyranny' and their profound commitment to democracy. His careful historical scholarship and deft analysis of doctrine demonstrate clearly the ways that growing presidential power has imperiled this principle. An urgent and compelling read not just for today's crises, but for understanding the basic dynamics of American democracy and its antagonists." -- Aziz Z. Huq * University of Chicago Law School *"A book for our troubled times. Blending history, law, and politics, David Driesen situates the Trump presidency in the alarming global trend toward autocracy and diagnoses what currently ails democracy in America. Richly detailed, highly informative, and deeply contextual, this book is required reading to understand the forces threatening the liberal democratic values of modern constitutionalism." -- Richard Albert * The University of Texas at Austin *"Constitutional drafters often establish semi-autonomous executive institutions to serve as guardrails of democracy. Over the past several decades, conservative lawyers and judges in the U.S. have systematically targeted such bureaucratic independence as inconsistent with the constitutional theory of a 'unitary executive.' Driesen masterfully lays bare the previously underappreciated role played by unitary executive theory in ongoing processes of democratic erosion." -- Thomas M. Keck * Syracuse University *Table of ContentsContents and AbstractsIntroduction: chapter abstractThis chapter explains that this book will analyze excessive presidential power's potential to undermine democracy by exploring democratic decline primarily in Hungary, Turkey, and Poland. It outlines the book's major lesson: the head of state plays a key role in establishing autocracy by establishing unimpeded control over the executive branch in keeping with the American unitary executive theory, often accelerated through use of emergency powers. It outlines the book's argument that the U.S. Supreme Court has augmented executive power in dangerous ways and describes its principal recommendations for taking the potential for autocracy into account in adjudicating separation-of-powers cases. It summarizes each chapter's contribution to this argument. 1Avoiding Tyranny at the Founding chapter abstractThis chapter establishes that the Founders of this nation shared a goal of avoiding a future drive to autocracy and suggests that this intention should guide the Supreme Court's treatment of presidential power. It explains the controversy over whether the Founders embraced the unitary executive theory and shows that they did not expressly grant emergency powers to the President in the Constitution. It introduces the concept of original intent and explains that it increasingly influences judges and constitutional scholarship, making this chapter's treatment of the creation of the Constitution important to establishing room to take lessons from democracy loss abroad into account in adjudication of separation of powers disputes. 2The Rise of Presidential Power chapter abstractThis chapter provides an account of the rise of presidential power from the Founding through the late twentieth century. It explores the historical roots of the fear that presidential control over the executive branch of government and the growth of presidential emergency powers would undermine democracy and the rule of law. It canvasses the controversies (judicial and political) over presidential removal of federal officials from office (which the unitary executive theory insists must be free from restriction), from Andrew Jackson's effort to circumvent legislation creating the National Bank to Richard Nixon's attempt to thwart investigation of crimes undertaken to tilt the electoral playing field. It explains how congressional delegation of authority has enhanced the President's power over time. It also shows that the Supreme Court imposed constraints on emergency powers throughout this period, recognizing this presidential power as dangerous to democracy. 3Declining to Adjudicate Claims Against the President chapter abstractThis chapter explains that the courts have augmented presidential power by frequently refusing to adjudicate claims that the President has exceeded his constitutional authority. It explains the key justiciability doctrines that the courts have used to shield Presidents from allegations of misconduct—standing, ripeness, and the political question doctrine. It establishes that the courts have applied these doctrines quite strictly, and sometimes grossly distorted them, to shield allegations of presidential usurpation of power from judicial scrutiny. At the same time, it has been quite liberal in entertaining challenges to congressional efforts to check and balance the executive branch. It shows that the courts' refusal to entertain challenges to unilateral presidential wars has aided the transfer of the war power from Congress to the President. 4Implied Presidential and Congressional Power chapter abstractThis chapter explains that the modern Supreme Court has generously granted the President extensive implied powers at the expense of Congress, while declining to apply the implied-powers doctrine to sustain efforts by Congress to check the executive branch. It shows that the Court's implied-powers jurisprudence has not only expanded the President's foreign affairs power, but also eroded checks and balances domestically. It emphasizes the role of the unitary executive theory and the legislative veto in undermining checks on emergency powers and undermining of the rule of law. This chapter fills a gap in the literature by defining the concept of implied power. It shows that propresidential bias in the Court's treatment of constitutional custom, means/ends reasoning, and congressional intent helps explain the asymmetric results of the Court's implied-power jurisprudence. 5The Specter of Dictatorship: Poland, Hungary and Turkey chapter abstractThis chapter, the heart of the book, examines the role of executive power in undermining democracy in Poland, Hungary, and Turkey. In all three cases, creation of centralized control over the executive branch of government paved the way for autocracy, leading to politicized use of prosecution to undermine political opponents, shrinking of the media available to dissenters, and tilting the electoral playing field. This analysis focuses primarily on centralization of control over prosecution, media authorities, and electoral commissions. In Hungary and Turkey, abuse of emergency powers accelerated the establishment of autocracy. These countries' autocrats eroded democracy with the support of a political party enjoying the support of at least a substantial minority of voters. Party members in Parliament helped destroy democracy by voting in lockstep fashion to support "reforms" undermining independent agencies and prosecutorial independence. 6Parallels to America's Democratic Erosion chapter abstractThis chapter examines the extent to which America's democratic erosion mirrors that of Hungary, Turkey, and Poland. It explains that acceptance of the unitary executive theory has significantly undermined the rule of law, just as centralization of power has in the case studies. It analyzes the extent to which we have emulated the autocracies in tilting the electoral playing field and undermining independent media. It explains that partisan division has led to a breakdown of deliberative democracy very similar to that seen Chapter 5's case studies. It also analyzes our vulnerability to judicial capture and abuse of the war power. It argues that judges lack the capacity to predict the extent of democratic decline, given its complexity and the role of unpredictable shocks in stimulating autocracy, but that we have serious long-term vulnerabilities. 7Judicial Treatment of Presidential Power in an Age of Democratic Decline chapter abstractThis chapter discusses the factors that should influence the courts' separation-of-powers cases. Generally, it counsels judges to give more weight to the possibility of democratic decline than to potential policy mistakes, and to allow for the possibility of presidential bad faith. It shows that national security means protecting the American People's control over the government, not just preventing of physical attacks. It suggests rejecting or limiting the reach of the unitary executive theory, bolstering presidential legal accountability, and relying less on justiciability doctrines to shield presidential actions from judicial review. It also analyzes the role of judicial decision making in protecting and restoring democracy, showing that judicial decisions can aid political forces seeking to preserve or revive an ailing democracy. Conclusion: chapter abstractThis chapter briefly recapitulates the book's lessons. It affirms that the judiciary can and should contribute to democracy protection by considering the possibility of presidential bad faith in making decisions, since the presidency, not the judiciary, constitutes the principal threat to democracy. It calls for the judiciary to reject or at least limit the unitary executive theory, to think of national security in terms of preserving popular sovereignty, and to relax justiciability barriers to adjudicating challenges to excessive presidential power. It argues that the tendency to think of autocracy as a product of a coup, instead of as the product of gradual democratic decline, can blind us to the possibility of autocracy in America, but that signs of serious democratic decline abound. It suggests that judges need to take the possibility of losing a democracy as seriously as the founders of this country did.

Read more less

Book SynopsisInstant New York Times bestsellerRetired U.S. Army Lieutenant Colonel Alexander Vindman, who found himself at the center of a firestorm for his decision to report the infamous phone call that led to presidential impeachment, tells his own story for the first time. Here, Right Matters is a stirring account of Vindman''s childhood as an immigrant growing up in New York City, his career in service of his new home on the battlefield and at the White House, and the decisions leading up to, and fallout surrounding, his exposure of President Trump''s abuse of power. 0900, Thursday, July 25, 2019: President Trump called Ukraine’s President Zelensky, supposedly to congratulate him on his recent victory. In the months that followed, the American public would only learn what happened on that call because Alexander Vindman felt duty-bound to report it up the chain of

Read more less

Book SynopsisThe instant New York Times bestseller, now in paperback and with a new afterwordRetired U.S. Army Lieutenant Colonel Alexander Vindman, who found himself at the center of a firestorm for his decision to report the infamous phone call that led to presidential impeachment, tells his own story for the first time. Here, Right Matters is a stirring account of Vindman''s childhood as an immigrant growing up in New York City, his career in service of his new home on the battlefield and at the White House, and the decisions leading up to, and fallout surrounding, his exposure of President Trump''s abuse of power. 0900, Thursday, July 25, 2019: President Trump called Ukraine’s President Zelensky, supposedly to congratulate him on his recent victory. In the months that followed, the American public would only learn what happened on that call because Alexander Vindma

Read more less

Book SynopsisAcute, questioning, humane and passionately concerned for justice, Helena Kennedy is one of the most powerful voices in legal circles in Britain today. Here she roundly challenges the record of modern governments over the fundamental values of equality, fairness and respect for human dignity. She argues that in the last twenty years we have seen a steady erosion of civil liberties, culminating today in extraordinary legislation, which undermines long established freedoms. Are these moves a crude political response to demands for law and order? Or is the relationship between citizens and the state being covertly reframed and redefined?Trade ReviewRemarkable - a passionate, cogent and eloquent defence of the idea of law as the framework for a just society... Vitally important * Financial Times *Highly readable... Startlingly topical * Sunday Telegraph *Powerful and prescient * Daily Telegraph *This is a good book, well-written, pacey and to the point * Sunday Times *Admirable... Without Helena Kennedy's passionate defence of the rule of law we might be completely in the hands of an uncaring government * Daily Mail *

Read more less

Book SynopsisSaudi Arabia has never commanded more attention and yet it remains one of the world's least understood countries. In The Normalization of Saudi Law, Chibli Mallat dives into the heart of Saudi society, politics, and business by exploring the workings of its courts.Trade Review<"Chibli Mallat is the leading theoretician, indeed the founder, of a field of study on Middle East law. In The Normalization of Saudi Law, Professor Mallat turns his attention, with great erudition and brilliance, to the evolution of law in Saudi Arabia and finds, within a multitude of recent judicial rulings on contracts, property, the family, and the prosecution of crimes, the beginnings of a system of law. Always clear-eyed, Mallat fully appreciates that the absolutism of the Saudi monarchy and its failure to empower a national legislative assembly compromise whatever commitment to the rule of law that country possesses.>" -Owen Fiss, Sterling Professor Emeritus of Law at Yale University<"The Normalization of Saudi Law contains an illuminating discussion of the laws of Saudi Arabia. There is a masterly treatment of the fields of substantive Saudi law drawing from an analysis of civil, criminal, family, real property and commercial law. One novel feature is that Chibli Mallat discusses how Saudi judges apply the law in practice by reference to reported cases. It is of significance to legal scholars and practitioners alike and a welcome first of its kind.>" -Michael Crystal QC<"The Normalization of Saudi Law reveals an unprecedented field of work, that of Saudi law, based on the study of thousands of judgments. It facilitates an understanding of the current developments towards a <"normalization>" of Saudi law and shows, through the courts' application of justice, how Saudi society actually functions. It is an essential book, not only for the study of law, but for understanding present-day Saudi Arabia.>" -Professor Henry Laurens, College de FranceTable of ContentsMap, Charts, Figures Preface Acknowledgments Table of Authorities Map Chapter 1. Introduction PART ONE NORMS AND SOURCES Chapter 2. The Epiphany of Saudi Law Chapter 3. Blackletter Law. A Primer on Courts, Format, Evidence, Sources PART TWO NORMS AS COMMON LAW Chapter 4. Civil Law I Contracts Chapter 5. Civil Law II Torts Chapter 6. Criminal Law I Procedure and Hadd Chapter 7. Criminal Law II: Ta'zir and "Everything Else" Chapter 8. Family Law: The Saudi Hanbali Exception PART THREE NORMALIZATION BY STATUTE Chapter 9. Real Property Chapter 10. Diwan Al- Mazalem: A Court for All Seasons Chapter 11. From Diwan Al- Mazalem to Commercial Courts: A Unified Theory of Remedies Chapter 12. Companies and Corporate Governance Chapter 13. Insolvency, Banking, the Stock Market PART FOUR THE LIMITS OF NORMALIZATION Chapter 14. Constitutional Law Chapter 15. Human Rights Chapter 16. Epilogue Bibliography

Read more less

Book SynopsisThe picture of Brussels-based bureaucrats exercising wide-ranging, arbitrary executive powers with no accountability is one of the favourite images conjured by Eurosceptics across the political spectrum. What truth is there in the image? This book aims to bring the EU''s executive powers out of the shadows by mapping the evolution and current form of the EU''s various executive actors, their powers, and the mechanisms for holding them accountable. In doing so it provides a rich understanding of the way in which the EU''s institutional and legal framework fits within national constitutional presumptions about how power should be controlled and accountability achieved.Covering both the political executive and the administrative executive at the EU institutional level, the book analyses their relationship with national executive power, and traces the historical evolution of executive order in Europe from the Peace of Westphalia through classic inter-governmental organizations to the allegTrade ReviewThis book takes a holistic approach; rather than providing an in-depth analysis of a particlar institution, Curtin analyses the political and administrative branches of the Council and the Commission as well as non-majoritarian agencies. It is the inclusive approach that makes this well written and clearly structured book stand out from other studies in the area. * Helena Ekelund, University of Nottingham, Political Studies Review *Table of ContentsI TOPOGRAPHY AND LAYERED SEDIMENTS; II TIDES OF EU REFORM; III A LIVING EU CONSTITUTION

Read more less

Book Synopsis

Read more less

Book SynopsisOffers a stimulating assessment of the issues surrounding current debates on the filibusterTrade ReviewRegardless of whether you agree with [the authors'] conclusions, the book will be a must read for anyone who wants to be a part of the debate about how to improve the function of the Senate. (Reviewing a previous edition) * Roll Call *Legislative battles over healthcare and the federal budget have spurred demands to reform or abolish the filibuster in the US Senate. The authors argue that the filibuster is fundamental to the very character of the Senate, and that it protects the rights of the minority in American politics. * Survival *Arenberg and Dove successfully explain why, despite its flaws, the filibuster is worth preserving or reforming rather than eliminating. (Reviewing a previous edition) * ForeWord Reviews *Clearly written and amply supported, Defending the Filibuster is a must-read for all Americans, especially during these highly contentious times. * joannalouisejohnson.com *An impassioned and cogent defense of the Senate's most controversial practice. * Kirkus Reviews *Rich in historical anecdotes about instances when the strange antics to delay Senate decisions actually led to better policy making, this book will become the 'go to' authority on the filibuster. This volume should be valuable to general readers, students, and research faculty. . . . Highly recommended. (Reviewing a previous edition.) * Choice *Table of ContentsForewordPrefaceChapter One Soul of the SenateChapter Two Filibuster, Cloture, and Unfettered Amendment Chapter Three History of the FilibusterChapter Four Polarized Politics and the Use and Abuse of the FilibusterChapter Five Criticisms of the FilibusterChapter Six The Dangers of Overzealous ReformChapter Seven Related Tactics: HoldsChapter Eight Related Tactics: Filling the Amendment TreeChapter Nine Circumventing the Filibuster: Reconciliation Chapter Ten Reforming the Filibuster: The Constitutional OptionChapter Eleven Reforming the Filibuster: The Nuclear OptionChapter Twelve Bring In the CotsChapter Thirteen Defending the FilibusterEpilogueAppendix Bibliography

Read more less

Book SynopsisTrade ReviewRich in historical anecdotes about instances when the strange antics to delay Senate decisions actually led to better policy making, this book will become the 'go to' authority on the filibuster. This volume should be valuable to general readers, students, and research faculty. . . . Highly recommended. * Choice *An impassioned and cogent defense of the Senate's most controversial practice. * Kirkus Reviews *Arenberg and Dove successfully explain why, despite its flaws, the filibuster is worth preserving or reforming rather than eliminating. (Reviewing a previous edition) * ForeWord Reviews *Regardless of whether you agree with [the authors'] conclusions, the book will be a must read for anyone who wants to be a part of the debate about how to improve the function of the Senate. (Reviewing a previous edition) * Roll Call *Legislative battles over healthcare and the federal budget have spurred demands to reform or abolish the filibuster in the US Senate. The authors argue that the filibuster is fundamental to the very character of the Senate, and that it protects the rights of the minority in American politics. * Survival *Clearly written and amply supported, Defending the Filibuster is a must-read for all Americans, especially during these highly contentious times. * joannalouisejohnson.com *Table of ContentsForeword by Senator Olympia SnowePreface1. Soul of the Senate2. Filibuster, Cloture, and Unfettered Amendment3. History of the Filibuster4. Polarized Politics and the Use and Abuse of the Filibuster5. Criticisms of the Filibuster6. The Dangers of Overzealous Reform7. Related Tactics: Holds8. Related Tactics: Filling the Amendment Tree9. Circumventing the Filibuster: Reconciliation10. Reforming the Filibuster: The Constitutional Option11. Reforming the Filibuster: The Nuclear Option12. Bring in the Cots13. Defending the Filibuster14. Looking AheadNotesSelected BibliographyIndex

Read more less

Book Synopsis“Consistently gripping.… [I]t’s possessed of a zest and omnivorous curiosity that reflects the boundless energy of its subject.” —Steve Donoghue, Christian Science MonitorTrade Review"Lively and engaging.… [A]t a time when progressives and conservatives alike are so sure of their own premises that America is more polarized than at any time since the Civil War, the ‘skeptical humility,’ as Budiansky puts it, that Holmes took from the war seems more elusive, and more urgently needed, than ever." -- Jeffrey Rosen - Washington Post"Budiansky’s account shines." -- Adam J. White - Wall Street Journal"A lively, accessible book." -- Noah Feldman - New York Times Book Review"Discriminating, genial, and admiring." -- Brenda Wineapple - Nation"Especially consequential.… Budiansky’s is now the most engrossing of the major Holmes biographies." -- Lincoln Caplan - Harvard Magazine"Superb.... A gracefully written narrative full of well-chosen detail." -- William P. LaPiana - Journal of American History"The longevity and complexity of Holmes’s life and judicial philosophy present a formidable challenge to a biographer. Stephen Budiansky has met that challenge in distinguished fashion. Weaving together Holmes’s private and public lives with a clarity that reveals what had often seemed obscure in previous biographies, this book also shows how Holmes’s experience as a thrice-wounded Civil War officer subtly shaped his social and juridical ideas during the next seventy years." -- James M. McPherson, author of Battle Cry of Freedom: The Civil War Era"Stephen Budiansky’s Oliver Wendell Holmes portrays the ultimate giant of American law and intellectual history. In this stunningly researched and compellingly written biography Budiansky brings Holmes back to life. This is an astonishing look at what made our native jurisprudence genius tick. Highly recommended!" -- Douglas Brinkley, Katherine Tsanoff Brown Chair in Humanities and professor of History, Rice University, and author of American Moonshot: John F. Kennedy and the Great Space Race"A lively and informative portrait of the great justice." -- Robert C. Post, Sterling Professor of Law, Yale Law School

Read more less

Book Synopsis*A New York Times Bestseller*An important overview of the way our justice system works, and why the rule of law is essential to our survival as a society—from the one-time federal prosecutor for the Southern District of New York, and host of the Doing Justice podcast.Preet Bharara has spent much of his life examining our legal system, pushing to make it better, and prosecuting those looking to subvert it. Bharara believes in our system and knows it must be protected, but to do so, he argues, we must also acknowledge and allow for flaws both in our justice system and in human nature. Bharara uses the many illustrative anecdotes and case histories from his storied, formidable career—the successes as well as the failures—to shed light on the realities of the legal system and the consequences of taking action. Inspiring and inspiringly written, Doing Justice gives us hope that rational and obj

Read more less

Book SynopsisExtension of presidential leadership in foreign affairs to war powers has destabilized our constitutional order and deranged our foreign policy. Stephen M. Griffin shows unexpected connections between the imperial presidency and constitutional crises, and argues for accountability by restoring Congress to a meaningful role in decisions for war.Trade ReviewIn this troubling book, Stephen Griffin persuasively demonstrates the inadequacy of the Constitution as a basis for exercising militarized global leadership. More troubling still, he shows that in pretending otherwise, successive administrations, in collaboration with Congress, have done untold damage to our political system while forging national security policies that are deeply defective. -- Andrew J. Bacevich, author of Washington Rules: America's Path to Permanent WarLong Wars and the Constitution is one of the most important books on constitutional theory in a long time and should fundamentally reshape the debate about presidential authority to embark on wars without Congressional approval. -- Sanford Levinson, author of Framed: America's 51 Constitutions and the Crisis of GovernanceStephen Griffin weaves legal, historical, and political analysis together to cast the constitutional order from 1945 to the present in a new and deeply informative light. His discussion of why Presidents have come to dominate war-making, and how that produces recurrent constitutional crises, is a major contribution to understanding how the Constitution works today. -- Mark Tushnet, author of Why the Constitution MattersIn presenting a legal and constitutional understanding of war powers, Griffin challenges the assumptions and perspectives of presidential and congressional scholars when it comes to post-9/11 war efforts and the struggle over war powers. In evaluating post-9/11 military decisions, Griffin presents a critical reevaluation of the pre-9/11 era, shaped by the Cold War. In going back to 1945 and demonstrating the decision-making processes of both presidents and legislators, Griffin convincingly contends that Cold War events reshaped the way that military actions were conducted, challenging previous ideas about military engagements. In the end, Griffin presents a well-developed argument for envisioning the Constitution’s role in military operations, and how the executive and legislative branches react and engage with each other over military engagements. In reimagining the Constitution’s role and the balance between presidential decision making and legislative accountability, Griffin critiques the post-Cold War approach to American military engagement and contends that a new ‘cycle of accountability’ would regain some constitutional balance between the two branches that oversee the nation's war activities. In doing so, Griffin brings a credible approach that will generate debate among scholars of presidential, congressional, and diplomatic/foreign policy studies. -- J. Michael Bitzer * Choice *

Read more less

Book SynopsisGive and Take offers a new history of government in Tokugawa Japan (1600–1868), one that focuses on ordinary subjects: merchants, artisans, villagers, and people at the margins of society. Maren Ehlers explores how high and low people negotiated and collaborated with each other as they addressed the problem of poverty in early modern Japan.

Read more less

Book SynopsisGive and Take offers a new history of government in Tokugawa Japan (1600–1868), one that focuses on ordinary subjects: merchants, artisans, villagers, and people at the margins of society. Maren Ehlers explores how high and low people negotiated and collaborated with each other as they addressed the problem of poverty in early modern Japan.

Read more less

Book SynopsisFrom healthcare to workplace conduct, the federal government is taking on ever more responsibility for managing our lives. This book provides a range of examples and an enormous body of evidence to explain why so many domestic policies go awry - and how to right the foundering ship of state.Trade ReviewHonorable Mention for the 2015 PROSE Award in Government & Politics, Association of American Publishers Selected for the Claremont Review of Books CRB Christmas Reading List 2015 "[A] sweeping history of policy disappointments."--David Leonhardt, New York Times "In Why Government Fails So Often, Peter H. Schuck takes up this vital question in what amounts to a systematic survey of the limits of American public administration. It is a profound book, and a sobering one... Peter H. Schuck has written an essential manual for 21st-century policy makers."--Yuval Levin, Wall Street Journal "Schuck does a beautiful job of laying out all the problems with government intervention... [T]here are many gems in this book."--David Henderson, Econlog "Schuck makes a compelling case that many domestic programs, including those that have considerable public support among Republicans as well as Democrats, deliver benefits at costs that are much higher than necessary and contain damaging unintended consequences."--Glenn Altschuler, Boston Globe "Anyone who wants clear insight into government's modern wayward momentum, and its toll on society, should hear Peter Schuck... His recommendations for change are refreshing."--Colorado Springs Gazette "This lively and authoritative account of government failure deserves to be read by advocates of all political persuasions... This admirable work offers compelling evidence that government might do far better by doing far less."--Gene Epstein, Barron's "Peter Schuck's new book Why Government Fails So Often provides a thoughtful if pessimistic analysis."--Laura Tyson, Project Syndicate "Peter Schuck's Why Government Fails So Often is one of the most important books of the year and may be one of the most important books of the decade. Although I have seen this prolific author's name over the years, I had never read any of his work. My loss. Fortunately, I have read every page--including endnotes--of his latest book, and it is a tour de force."--David R. Henderson, Regulation "[Why Government Fails So Often] is a timely book in light of the steep declines in the public's regards for government, a Congress that is increasingly hostile to federal programs, and a civil service whose morale keeps sinking lower with every survey. Schuck's analysis helps explain why the government is so reviled and thus helps us think about remedial steps and the kinds of policies that should be avoided in the future."--Timothy B. Clark, Government Executive "Very highly recommended for academic and community library Political Science collections, Why Government Fails So Often: And How It Can Do Better is an impressive work of meticulous scholarship that is so well written and presented that it is equally accessible for political science students and non-specialist general readers with an interest in understanding the mechanics, development, and implementation issues concerning governmental policies on the federal level."--Jack Mason, Midwest Book Review "[S]ubstantive, and important... [R]ealizing exactly where we are is the first step towards moving to a better state of affairs. This volume sets us squarely down that path."--Matt E. Ryan, Public Choice "Schuck's important book reminds us about the allure of expert judgments and the need for public discourse at each step along the traverse of policy formulation and implementation."--David M. Levy and Sandra J. Peart, Journal of Economic LiteratureTable of ContentsAcknowledgments ix CHAPTER 1: Introduction 1 PART 1: The Context of Policy Making 37 CHAPTER 2: Success, Failure, and In Between 39 CHAPTER 3: Policy-Making Functions, Processes, Missions, Instruments, and Institutions 64 CHAPTER 4: The Political Culture of Policy Making 91 PART 2: The Structural Sources of Policy Failure 125 CHAPTER 5: Incentives and Collective Irrationality 127 CHAPTER 6: Information, Inflexibility, Incredibility, and Mismanagement 161 CHAPTER 7: Markets 198 CHAPTER 8: Implementation 229 CHAPTER 9: The Limits of Law 277 CHAPTER 10: The Bureaucracy 307 CHAPTER 11: Policy Successes 327 PART 3: Remedies and Reprise 369 CHAPTER 12: Remedies: Lowering Government's Failure Rate 371 CHAPTER 13: Conclusion 408 Notes 413 Index 463

Read more less

Book SynopsisThe institution of marriage stands at a critical juncture. As gay marriage equality gains acceptance in law and public opinion, questions abound regarding marriage's future. Will same-sex marriage lead to more radical marriage reform? Should it? Antonin Scalia and many others on the right warn of a slippery slope from same-sex marriage toward polygTrade Review"[C]losely reasoned, powerful, and persuasive."--Huffington Post "Highly intelligent."--Tyler Cowen, Marginal Revolution "The book is timely and engaging."--Choice "Just Married provides a deep understanding of what it is I'm signing off on when I scribble my name on those county-issued marriage licenses."--Katherine Willis Pershey, Christian Century "This well-argued book will serve a wide audience. Anyone interested in getting into the marriage debates would do well to start with Just Married and can expect to gain a full understanding of the landscape. Macedo makes a strong argument for inclusion of same-sex marriages into the legal institution of marriage, and a strong case for retaining the legal institution."--Lori Watson, Review of Politics "Macedo offers a well-researched, wide-ranging argument for the special role of marriage in democratic society and the ability of same-sex: marriage to fit within this accepted role... Just Married ... deserves praise for challenging us to deliberate more diligently the promises and pitfalls of civil marriage."--Scott Barclay, Perspectives on Politics "There is much here I endorse heartily and much I disagree with--vehemently. As a work of public political philosophy, it is sure to engage almost any reader to the same extent, with its wide-ranging, opinionated discussion. This is simply the best book I know articulating the case for the state recognizing same-sex marriage--and stopping reform there."--Elizabeth Brake, Ethical Theory and Moral PracticeTable of ContentsPreface and Acknowledgments ix Introduction: Why Marriage Matters 1 PART I. WHY SAME-SEX MARRIAGE? Chapter 1. Gay Rights and the Constitution of Reasons 19 Chapter 2. Traditional Marriage and Public Law 38 Chapter 3. Marriage, Gender Justice, and Children's Well-Being 60 PART II. WHY MARRIAGE? Chapter 4. The Special Status of Marriage 79 Chapter 5. Marriage: Obligations, Benefits, and Access 99 Chapter 6. Reform Proposals and Alternatives to Marriage 119 PART III. WHY TWO? MONOGAMY, POLYGAMY, AND DEMOCRACY Chapter 7. The Challenge of Polygamy 145 Chapter 8. Polygamy, Monogamy, and Marriage Justice 161 Chapter 9. Polygamy Unbound? The Kody Brown Family and the Future of Plural Marriage 179 Conclusion: Happily Ever After 204 Notes 213 Bibliography 267 Index 293

Read more less

Book SynopsisFrom healthcare to workplace and campus conduct, the federal government is taking on ever more responsibility for managing our lives. At the same time, Americans have never been more disaffected with Washington, seeing it as an intrusive, incompetent, wasteful giant. Ineffective policies are caused by deep structural factors regardless of which parTrade ReviewHonorable Mention for the 2015 PROSE Award in Government & Politics, Association of American Publishers Selected for the Claremont Review of Books CRB Christmas Reading List 2015 "[A] sweeping history of policy disappointments."--David Leonhardt, New York Times "In Why Government Fails So Often, Peter H. Schuck takes up this vital question in what amounts to a systematic survey of the limits of American public administration. It is a profound book, and a sobering one... Peter H. Schuck has written an essential manual for 21st-century policy makers."--Yuval Levin, Wall Street Journal "Schuck does a beautiful job of laying out all the problems with government intervention... [T]here are many gems in this book."--David Henderson, Econlog "Schuck makes a compelling case that many domestic programs, including those that have considerable public support among Republicans as well as Democrats, deliver benefits at costs that are much higher than necessary and contain damaging unintended consequences."--Glenn Altschuler, Boston Globe "Anyone who wants clear insight into government's modern wayward momentum, and its toll on society, should hear Peter Schuck... His recommendations for change are refreshing."--Colorado Springs Gazette "This lively and authoritative account of government failure deserves to be read by advocates of all political persuasions... This admirable work offers compelling evidence that government might do far better by doing far less."--Gene Epstein, Barron's "Peter Schuck's new book Why Government Fails So Often provides a thoughtful if pessimistic analysis."--Laura Tyson, Project Syndicate "Peter Schuck's Why Government Fails So Often is one of the most important books of the year and may be one of the most important books of the decade. Although I have seen this prolific author's name over the years, I had never read any of his work. My loss. Fortunately, I have read every page--including endnotes--of his latest book, and it is a tour de force."--David R. Henderson, Regulation "[Why Government Fails So Often] is a timely book in light of the steep declines in the public's regards for government, a Congress that is increasingly hostile to federal programs, and a civil service whose morale keeps sinking lower with every survey. Schuck's analysis helps explain why the government is so reviled and thus helps us think about remedial steps and the kinds of policies that should be avoided in the future."--Timothy B. Clark, Government Executive "Very highly recommended for academic and community library Political Science collections, Why Government Fails So Often: And How It Can Do Better is an impressive work of meticulous scholarship that is so well written and presented that it is equally accessible for political science students and non-specialist general readers with an interest in understanding the mechanics, development, and implementation issues concerning governmental policies on the federal level."--Jack Mason, Midwest Book Review "[S]ubstantive, and important... [R]ealizing exactly where we are is the first step towards moving to a better state of affairs. This volume sets us squarely down that path."--Matt E. Ryan, Public Choice "Schuck's important book reminds us about the allure of expert judgments and the need for public discourse at each step along the traverse of policy formulation and implementation."--David M. Levy and Sandra J. Peart, Journal of Economic LiteratureTable of ContentsAcknowledgments ix CHAPTER 1: Introduction 1 PART 1: The Context of Policy Making 37 CHAPTER 2: Success, Failure, and In Between 39 CHAPTER 3: Policy-Making Functions, Processes, Missions, Instruments, and Institutions 64 CHAPTER 4: The Political Culture of Policy Making 91 PART 2: The Structural Sources of Policy Failure 125 CHAPTER 5: Incentives and Collective Irrationality 127 CHAPTER 6: Information, Inflexibility, Incredibility, and Mismanagement 161 CHAPTER 7: Markets 198 CHAPTER 8: Implementation 229 CHAPTER 9: The Limits of Law 277 CHAPTER 10: The Bureaucracy 307 CHAPTER 11: Policy Successes 327 PART 3: Remedies and Reprise 369 CHAPTER 12: Remedies: Lowering Government's Failure Rate 371 CHAPTER 13: Conclusion 408 Notes 413 Index 463

Read more less

Book SynopsisTrade Review"Winner of the Richard E. Neustadt Award, Presidents and Executive Politics Section of the American Political Science Association""Winner of the Louis Brownlow Book Award, National Academy of Public Administration"

Read more less

Book SynopsisTrade Review"Winner of the Thomas M. Cooley Book Prize, Georgetown Center for the Constitution""Finalist for the George Washington Prize, Washington College, the Gilder Lehrman Institute, and George Washington’s Mount Vernon"

Read more less

Book SynopsisTrade Review"Winner of the Alan Rosenthal Prize, Legislative Studies Section of the American Political Science Association""The conversation about separation of powers and the legislative branch’s ability to check the executive continues to be one not just one for practitioners and academics but also for American society, and that conversation is one which Checks in the Balance effectively joins and enriches."---Jonathan Lewallen, Perspectives on Politics"An exceptional resource for those seeking to gain a deeper understanding of how legislative capacity affects the actions of the executive."---Michelle Belco, Congress & the Presidency

Read more less

Book SynopsisThe study of police powers forms a significant part of many law courses. This book should prove helpful to a wide readership, including new members of the police service, and those studying civil liberties and constitutional law.Table of ContentsThe Police Journal, April 98"A short, readable book which should meet its author"s intention of introducing this area of law to an audience with no previous understanding.

Read more less

Book Synopsis

Read more less