Government powers Books
LEGARE STREET PR The Federal and State Constitutions Colonial
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£29.66
LEGARE STREET PR The Law Of Fraud
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£23.70
LEGARE STREET PR The Federal and State Constitutions Colonial
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£31.46
£32.25
LEGARE STREET PR The Federal and State Constitutions Colonial
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£31.46
LEGARE STREET PR The Federal and State Constitutions Colonial
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£30.56
Legare Street Press A Treatise on the law of Fraud and Mistake
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£30.56
LEGARE STREET PR The Federal and State Constitutions Colonial
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£31.46
LEGARE STREET PR The Federal and State Constitutions Colonial
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£30.56
Cambridge University Press Administrative Law from the Inside Out Essays on
Book SynopsisThis collection of twenty-one essays on administrative law provides a snapshot of cutting-edge thinking in this important field, which forms part of the practice of a large portion of the legal profession and affects the lives of all Americans from air quality to car safety and to social security.Table of ContentsIntroduction: Jerry L. Mashaw's creative tension with the field of administrative law Nicholas R. Parrillo; Part I. An Internal Law of Administration: 1. Jerry L. Mashaw, the due process revolution, and the limits of judicial power Thomas W. Merrill; 2. The management side of due process in the service-based welfare state Charles F. Sabel and William H. Simon; 3. Jerry L. Mashaw and the public law curriculum Peter L. Strauss; 4. From the history to the theory of administrative constitutionalism Sophia Z. Lee; 5. Cyberdelegation and the administrative state Mariano-Florentino Cuéllar; Part II. Internal Law and the President: 6. Internal administrative law before and after the APA Gillian E. Metzger and Kevin M. Stack; 7. Boundary disputes: Jerry L. Mashaw's anti-formalism, constitutional interpretation and the Unitary Presidency Peter M. Shane; 8. Cost-benefit analysis of financial regulation: an institutional perspective Richard L. Revesz; Part III. Adjudication and Divergent Models of Justice: 9. Meeting the Mashaw test for consistency in administrative decisionmaking Paul Verkuil; 10. Varieties of bureaucratic justice: building on Mashaw's typology Robert A. Kagan; 11. Enforcement adjudication at the SEC David Zaring; Part IV. The Agency and its External Environment: 12. Pathways to auto safety: assessing the role of the national highway traffic safety administration Robert L. Rabin; 13. A comparison of the cultures and performance of a modern agency and a nineteenth century agency Richard J. Pierce, Jr; Part V. Remapping the Administrative State's Development: 14. On the emergence of the administrative petition: innovations in nineteenth-century indigenous North America Daniel Carpenter; 15. Putting the 'public' in public administration: the rise of the public utility idea William J. Novak; 16. Lochner and property Edward Rubin; Part VI. 'The Agency' as More than a Black Box: 17. Supervising outsourcing: the need for better design of blended governance Nina A. Mendelson; 18. Government market participation as conflicted government Jon D. Michaels; 19. State regulatory capacity and administrative: law and governance under globalization Richard B. Stewart; Conclusion. The inside out perspective: a first person account Jerry L. Mashaw.
£116.44
Cambridge University Press Checking Presidential Power
Book SynopsisA central concern about the robustness of democratic rule in new democracies is the concentration of power in the executive branch and the potential this creates for abuse. This concern is felt particularly with regard to the concentration of legislative power. Checking Presidential Power explains the levels of reliance on executive decrees in a comparative perspective. Building on the idea of institutional commitment, which affects the enforcement of decision-making rules, Palanza describes the degree to which countries rely on executive decree authority as more reliance may lead to unbalanced presidential systems and will ultimately affect democratic quality. Breaking new ground by both theorizing and empirically analyzing decree authority from a comparative perspective, this book examines policy making in separation of powers systems. It explains the choice between decrees and statutes, and why legislators are sometimes profoundly engaged in the legislative process and yet other timTrade Review'Palanza brings formidable tools to bear in this book - sophisticated theory, extensive data, deep knowledge of her cases, and clear writing. She tests her ideas with extensive studies of policy making in Brazil and Argentina, as well as with rigorous analysis drawing data from across Latin America. She shows us what factors push presidents toward unilateral policymaking and what institutional conditions foster legislative influence. This book is a real achievement.' John M. Carey, John Wentworth Professor in the Social Sciences, Dartmouth College'Palanza's Checking Presidential Power is a long overdue corrective to the often uncritical assumption that presidents are all-powerful and that legislatures (and courts) are mere bystanders in Latin America's separation-of-powers systems. By refusing to consider presidents and their decrees in isolation, Palanza's book gives us a much more holistic account, both theoretically and empirically, of how policy gets made in separation-of-powers systems.' Brian F. Crisp, Washington University, St Louis'This is a great book. It is the first to provide a comprehensive and positive theory of the choice between policy-making by decree versus statute. Unlike previous work, it places the decision about the relative incidence of executive decrees in a broad strategic context, which includes not only the president but also legislators, the courts and interest groups. Palanza offers detailed empirical analysis of decree usage in several countries, as well as, to my knowledge, the first cross-national analysis of law-making by decree in presidential systems. This book will be required for anyone interested in executive politics, institutional analysis, presidentialism, democratization, Latin American and many other areas.' José Antonio Cheibub, Mary Thomas Marshall Professor in Liberal Arts, Texas A & M University'In her groundbreaking book, Palanza (Pontificia Universidad de Chile) examines policy making in separation of powers systems by explaining the levels of reliance on executive decrees that may lead to unbalanced presidential systems and ultimately low democratic quality. The author accurately defends the long-held belief that policy enacted by decree is less stable than policy enacted by the widely supported congressional statutes.' K. M. Zaarour, ChoiceTable of Contents1. Introduction: a choice of paths behind each policy; 2. Decrees versus statutes: choice of legislative paths in separation of powers systems; 3. Institutions and institutional commitment; 4. Reinstatement of congressional decision rights: Brazil; 5. A corollary of low levels of institutional commitment: Argentina; 6. The choice of legislative paths in comparative perspective; 7. Conclusions: rules, institutional commitment, and checks on presidents.
£22.99
Cambridge University Press Stateness and Democracy in East Asia
Book SynopsisDemocratization and state building are fundamental political processes, yet scholars cannot agree on which process should be prioritized in order to put countries on a positive path of institutional development. Where much of the existing literature on the state-democracy nexus focuses on quantitative cross-national data, this volume offers a theoretically grounded regional analysis built around in-depth qualitative case studies. The chapters examine cases of successful democratic consolidation (South Korea, Taiwan), defective democracy (Philippines, Indonesia, East Timor), and autocratic reversal (Cambodia, Thailand). The book''s evidence challenges the dominant ''state first, democracy later'' argument, demonstrating instead that stateness is neither a sufficient nor a necessary condition for democratic consolidation. The authors not only show that democratization can become trapped in path-dependent processes, but also that the system-level organization of informal networks plays a Trade Review'Croissant and Hellmann have assembled an impressive volume around a theme of immense scholarly and practical importance - namely, the relationship between state capacity and democracy. Together, the chapters in this volume offer a nuanced view of the way in which state capacity and democracy interact and co-evolve in a variety of country contexts.' Allen Hicken, University of Michigan'By focusing on the state-democracy nexus, this volume unpacks the various theoretical and conceptual relationships between stateness and democratic consolidation. Drawing on a collection of empirically rich case studies of democratic transitions in Asia, the authors inductively generate new insights into the complicated and varied pathways to and from democracy. Hellmann and Croissant have put together a refreshing take on democracy in a region where political reform is tenuous and a moment in the world when democracy's prospects are fraught.' Joseph Wong, University of Toronto'This study contributes to the existing research by recognizing the effects of informal institutions and networks on shaping state capacity … This book will be relevant to scholars of state-democracy relations and Asian studies in general … Recommended.' X. Li, Choice MagazineTable of Contents1. Introduction: Rethinking Stateness and Democracy in Asia Aurel Croissant and Olli Hellmann; 2. State Building and Democratization: The Sequencing Debate and Evidence from East Asia Tuong Vu; 3. South Korea's Democracy and the Legacies of the Developmental State Olli Hellmann; 4. After Hegemony: State Capacity, the Quality of Democracy, and the Legacies of the Party-State in Democratic Taiwan Kharis Templeman; 5. Democratization Interrupted: The Parallel State and the Demise of Democracy in Thailand Paul Chambers; 6. Weak State and the Limits of Democratization in Cambodia, 1993–2017 Kheang Un; 7. The Institutional Roots of Defective Democracy in The Philippines Erik Martinez Kuhonta and Nhu Truong; 8. Stateness and State Capacity in Post-Authoritarian Indonesia: Securing Democracy's Survival, Entrenching its Low Quality Marcus Mietzner; 9. As Good as it Gets? Stateness and Democracy in East Timor Aurel Croissant and Rebecca Abu Sharkh; 10. Stateness and Democracy: Evidence From East Asia and Cross-Regional Comparisons Aurel Croissant and Olli Hellmann; Index.
£22.99
Cambridge University Press Secret Government
Book SynopsisPolitical philosophers and theorists spend their time analysing political institutions, but thus far have ignored transparency. This book offers a comprehensive philosophical analysis of transparency in government, examining both abstract normative defences of transparency and transparency's role in the theory of institutional design.Trade Review'… Secret Government impressively and provocatively decenters publicity as a democratic value.' Mark Fenster, The Review of PoliticsTable of ContentsIntroduction; 1. Publicity in history; 2. Democracy thrives in darkness; 3. Open versus closed deliberation; 4. Publicity and the rule of law; 5. Government house moral theory; 6. Seeing justice done; 7. Mutual knowledge of justice; 8. Putting the philosopher in the model; Conclusion.
£22.49
Celadon Books The January 6th Report
Book Synopsis**THE INSTANT NEW YORK TIMES BESTSELLER**NOTE: The January 6th Report appendices on pages 693716 can be accessed via the QR code below, along with the hyperlinks from the chapter endnotes and witness testimony transcripts.Celadon Books and The New Yorker present the report by the Select Committee to Investigate the Jan 6 Attack on the United States Capitol.On January 6, 2021, insurgents stormed the U.S. Capitol, an act of domestic terror without parallel in American history, designed to disrupt the peaceful transfer of power. In a resolution six months later, the House of Representatives called it one of the darkest days of our democracy, and established a special committee to investigate how and why the attack happened.Celadon Books, in collaboration with The New Yorker, presents the committee''s final report, the definitive account of January 6th and what led up to it, based on more
£16.19
Regulations Press CFR 14 Parts 200 to 1199 Aeronautics and Space
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£43.16
Regulations Press CFR 21 Part 1300 to End Food and Drugs April 01
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£26.96
Regulations Press CFR 27 Parts 40 to 399 Alcohol Tobacco Products
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£37.76
Regulations Press CFR 21 Parts 170 to 199 Food and Drugs April 01
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£37.76
WW Norton & Co Presumed Guilty How the Supreme Court Empowered
Book SynopsisAn unprecedented work of civil rights and legal history, Presumed Guilty reveals how the Supreme Court has enabled racist policing and sanctioned law enforcement excesses through its decisions over the last half-century.Trade Review"Stunning... Chemerinsky presents a damning indictment of the Supreme Court... As Chemerinsky declares, the court’s record 'from 1986 through the present and likely for years to come, can easily be summarized: ‘The police almost always win....' Aside from the fact that he writes well, Chemerinsky... is also an experienced advocate, having appeared before the court on many occasions, and also having served as a consultant to those police forces who either by choice or necessity have tried to overhaul their practices. He bolsters his argument with examples from his own experiences, and his telling of the cases always starts with the people involved... Chemerinsky details a number of ways state and local governments can and should reform police procedures without having to go to court. Whether the furor unleashed by Black Lives Matter will lead to state and city governments reforming their police departments is yet to be seen, but all lawmakers, in fact all concerned citizens, need to read this book. It is an eloquent and damning indictment not only of horrific police practices, but also of the justices who condoned them and continue to do so." -- Melvin I. Urofsky - New York Times Book Review"Opens our eyes to a critical reason that we continue to have problems of police violence and racism in law enforcement... Chemerinsky masterfully presents his arguments by tying together current events with major Supreme Court decisions that laid the foundation for those conflicts... My criminal procedure students know this to be true. They read another book written by Chemerinsky and his co-author that goes through the cases. In the future, they may be assigned this one as well... Years from now, Americans may ask, “Did anyone stand up to the Supreme Court and pull back the curtain?” The answer will be “Yes.” Chemerinsky did just that. Now, it is time for all of us to take a good look." -- Laurie L. Levenson - Los Angeles Review of Books"One of the foremost U.S. Constitutional scholars and Supreme Court analysts, Chemerinsky (dean, Univ. of California, Berkeley, Sch. of Law; The Conservative Assault on the Constitution) cogently demonstrates in this book that the court bears much of the blame for police violence and racism in U.S. law enforcement.... An insightful primer for understanding the judicial decisions that support the United States’ prevailing authoritarian, paramilitary, racist approach to policing.... A thoughtful, provocative, and instructive must-read for anyone concerned with justice and domestic tranquility." -- Thomas J. Davis, Library Journal, starred review"The veteran legal affairs expert offers a powerful attack on a judiciary committed to advancing the police state . . . [Chemerinsky] suggests that because the Supreme Court will not restrain the police, state courts can and should invoke state constitutions in order to do so.' Necessary reading for civil libertarians, public defenders, and activists." -- Kirkus Reviews
£14.24
CCH Incorporated Government Contracts Reference Book
£94.50
New York University Press The Imagined Juror
Book SynopsisExamines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded in the American public's imagination of the legal system. For the country's federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit's The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors' work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents the first ethnographic study of US attorneys, according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summonedas make-believe audiences for proposed arguments, hypothetical evaluators of evidencTrade Review"A must-read for anyone concerned about the state of the US justice system. The Imagined Juror makes a compelling case for the continued importance of juries, even in the age of the disappearing trial." -- William Garriott, Drake University"Offit’s extraordinary access to the workings of federal prosecutors as well as to public proceedings reveals the pervasive influence of juries on criminal cases, both direct and indirect. This book argues convincingly that the infrequency of trials is not a valid indicator of the impact of the jury on our criminal justice system." -- David Engel, SUNY Distinguished Service Professor Emeritus, University at Buffalo School of Law"Provides an original and indispensable vantage point from which to view criminal procedure in the US, with implications for questions of power and the origins of mass incarceration." -- Ronald Niezen, author of #HumanRights: The Technologies and Politics of Justice Claims in Practice"...an unquestionably valuable contribution to the literature on prosecutors. Offit opens a window into the inner workings of a federal prosecutor’s office at a time when interest in prosecutors is at its height. The Imagined Juror answers the important question of what prosecutors do and why." * Criminal Law and Criminal Justice Books *"Drawing on extensive field research, Offit (law, Southern Methodist Univ.) performs an ethnographic study of US attorneys to reveal an a priori truth about how federal prosecutors use hypothetical juries to navigate the many conflicts they encounter within criminal proceedings…As a criminal defense attorney, this reviewer sees her personal experiences reflected in Offit's writings, authenticating how hypothetical juries influence prosecutors and, ultimately, impact the criminal justice system writ large." -- A. A. Walden, Elmira College * CHOICE *"Drawing on extensive field research among US federal prosecutors, Offit describes a world in which even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation. " * Law & Social Inquiry *
£62.90
New York University Press The Imagined Juror
Book SynopsisExamines the outsized influence of jurors on prosecutorial discretion Thanks to television and popular media, the jury is deeply embedded in the American public's imagination of the legal system. For the country's federal prosecutors, however, jurors have become an increasingly rare sight. Today, in fact, less than 2% of their cases will proceed to an actual jury trial. And yet, when federal prosecutors describe their jobs and what the profession means to them, the jury is a central theme. Anna Offit's The Imagined Juror examines the counterintuitive importance of jurors in federal prosecutors' work at a moment when jury trials are statistically in decline. Drawing on extensive field research among federal prosecutors, the book represents the first ethnographic study of US attorneys, according to legal scholar Annelise Riles. It describes a world of legal practice in which jurors are frequently summonedas make-believe audiences for proposed arguments, hypothetical evaluators of evidencTrade Review"A must-read for anyone concerned about the state of the US justice system. The Imagined Juror makes a compelling case for the continued importance of juries, even in the age of the disappearing trial." -- William Garriott, Drake University"Offit’s extraordinary access to the workings of federal prosecutors as well as to public proceedings reveals the pervasive influence of juries on criminal cases, both direct and indirect. This book argues convincingly that the infrequency of trials is not a valid indicator of the impact of the jury on our criminal justice system." -- David Engel, SUNY Distinguished Service Professor Emeritus, University at Buffalo School of Law"Provides an original and indispensable vantage point from which to view criminal procedure in the US, with implications for questions of power and the origins of mass incarceration." -- Ronald Niezen, author of #HumanRights: The Technologies and Politics of Justice Claims in Practice"...an unquestionably valuable contribution to the literature on prosecutors. Offit opens a window into the inner workings of a federal prosecutor’s office at a time when interest in prosecutors is at its height. The Imagined Juror answers the important question of what prosecutors do and why." * Criminal Law and Criminal Justice Books *"Drawing on extensive field research, Offit (law, Southern Methodist Univ.) performs an ethnographic study of US attorneys to reveal an a priori truth about how federal prosecutors use hypothetical juries to navigate the many conflicts they encounter within criminal proceedings…As a criminal defense attorney, this reviewer sees her personal experiences reflected in Offit's writings, authenticating how hypothetical juries influence prosecutors and, ultimately, impact the criminal justice system writ large." -- A. A. Walden, Elmira College * CHOICE *"Drawing on extensive field research among US federal prosecutors, Offit describes a world in which even the question of moving forward with a prosecution often hinges on how federal prosecutors assume a jury will react—an exercise where the perspectives of the public are imagined and incorporated into every stage of trial preparation. " * Law & Social Inquiry *
£21.59
New York University Press Diversifying the Courts
Book SynopsisExamines the decisions of US presidents to appoint judges from diverse backgrounds to federal courtsIn Diversifying the Courts, Nancy Scherer addresses why presidents chooseor don't chooseto diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial historyand politicsof court diversification. Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy. She shows us how diverse representation can positively impact perceptions of the court among women and racial minorities, while having a negative impact on the perceptions among white people and men. Ultimately, Diversifying the Courts provides insight into the impact of gender, race, and ethnicity on the courts, illuminating some of the major challenges facing the American judicial system in the years that lie ahead.Trade Review"Diversifying the Courts systematically examines the link between racial and gender diversity and the legitimacy of the federal judiciary. Nancy Scherer shows us that increased diversity does not automatically yield greater legitimacy toward the federal bench among all members of the public, resulting in a backlash against the courts." -- Eric Waltenburg, author of Choosing Where to Fight: Organized Labor and the Modern Regulatory State, 1948-1987"This book shows us why efforts to diversify the federal bench over the past four decades have done little to increase the legitimacy of the courts. Scherer compellingly explores this diversity dilemma, offering important insights about the future of our courts." -- Michael Zilis, author of The Rights Paradox: How Group Attitudes Shape US Supreme Court Legitimacy"[Scherer] shares takeaways from conversations with sitting district court justices and the empirical results of surveys on support for the courts and specific judges’ decisions given varying conditions of diversity." * Trial *
£62.90
New York University Press Diversifying the Courts
Book SynopsisExamines the decisions of US presidents to appoint judges from diverse backgrounds to federal courtsIn Diversifying the Courts, Nancy Scherer addresses why presidents chooseor don't chooseto diversify the federal courts by race, ethnicity, and gender. She explores how and why the issue became a bitter partisan fight in the first place, tracking the controversial historyand politicsof court diversification. Drawing on polls, political experiments, surveys and one-on-one interviews, Scherer illuminates the complicated relationship between diversity and court legitimacy. She shows us how diverse representation can positively impact perceptions of the court among women and racial minorities, while having a negative impact on the perceptions among white people and men. Ultimately, Diversifying the Courts provides insight into the impact of gender, race, and ethnicity on the courts, illuminating some of the major challenges facing the American judicial system in the years that lie ahead.Trade Review"Diversifying the Courts systematically examines the link between racial and gender diversity and the legitimacy of the federal judiciary. Nancy Scherer shows us that increased diversity does not automatically yield greater legitimacy toward the federal bench among all members of the public, resulting in a backlash against the courts." -- Eric Waltenburg, author of Choosing Where to Fight: Organized Labor and the Modern Regulatory State, 1948-1987"This book shows us why efforts to diversify the federal bench over the past four decades have done little to increase the legitimacy of the courts. Scherer compellingly explores this diversity dilemma, offering important insights about the future of our courts." -- Michael Zilis, author of The Rights Paradox: How Group Attitudes Shape US Supreme Court Legitimacy"[Scherer] shares takeaways from conversations with sitting district court justices and the empirical results of surveys on support for the courts and specific judges’ decisions given varying conditions of diversity." * Trial *
£21.59
New York University Press Reorganizing Government
Book SynopsisA pioneering model for constructing and assessing government authority and achieving policy goals more effectivelyRegulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. This volume advances an analytical framework of governmental authority structured along three dimensionscentralization, overlTrade Review"Reorganizing Government is a crucial contribution to the scholarly literature concerning how policymakers should allocate governmental authority. The pioneering analytical framework it crafts has the potential to make government reorganizations more rational and justifiable. If adopted, its approach can spur much-needed open discussion, clarity, and transparent justification with regard to institutional arrangements." * Administrative Law Review Accord *"The case studies are fascinating snapshots of agencies at work." * Choice *
£35.15
Cornell University Press Fluid Jurisdictions
Book SynopsisThis wide-ranging, geographically ambitious book tells the story of the Arab diaspora within the context of British and Dutch colonialism, unpacking the community''s ambiguous embrace of European colonial authority in Southeast Asia. In Fluid Jurisdictions, Nurfadzilah Yahaya looks at colonial legal infrastructure and discusses how it impacted, and was impacted by, Islam and ethnicity. But more important, she follows the actors who used this framework to advance their particular interests. Yahaya explains why Arab minorities in the region helped to fuel the entrenchment of European colonial legalities: their itinerant lives made institutional records necessary. Securely stored in centralized repositories, such records could be presented as evidence in legal disputes. To ensure accountability down the line, Arab merchants valued notarial attestation land deeds, inheritance papers, and marriage certificates by recognized state officials. Colonial subjects continuaTrade ReviewIn Fluid Jurisdictions, Nurfadzilah Yahaya masterfully shows the predicament of diasporic Arabs in the British Straits and Dutch Indies in the nineteenth and early twentieth century. * HistPhil *She draws on material from multiple international archives to examine the interplay between colonial projections of order and their realities, Arab navigation of legally plural systems in Southeast Asia and beyond, and the fraught and deeply human struggles that played out between family, religious, contract, and commercial legal orders. * Law & Society Review *[The book is] innovative [and] well-researched. Fluid Jurisdictions scrutinizes the Hadramī relations with other Muslims, their pursuit of capital accumulation, and their permanence in the region. [The book] tells a multifaceted story of a community that, in several ways, consented to colonial rule in order to improve their conditions within the system. * Journal of the Humanities and Social Sciences of Southeast Asia *One might consider Nurfadzilah Yahaya's Fluid Jurisdictions a new addition to the literature, but this would discount the active role that Yahaya has played in shaping the conversation from its outset. Although this is her first book, it is one that bears the imprint of her long engagement with the discussion on law in transregional spaces. * Law and History Review *Fluid Jurisdictions by Nurfadzilah Yahaya begins to answer these questions through a rich, textured, and fascinating account of the Arab diaspora and its engagements with colonial and Islamic law. Through rigorous research, detailed historical analysis and animated storytelling, [the book] draws readers into the mobile and intimate legal worlds created by Arab merchants. * Law & Social Inquiry *Fluid Jurisdictions has managed to cast a wide net over an ostensibly specific study on an elite diasporic community. This is a laudable accomplishment. * Journal of the Malaysian Branch of the Royal Asiatic Society *[The] reviewers respond to Fluid Jurisdictions enthusiastically, remarking on its refreshing methodological approach, the richness of its multilingual archival source base, and the historical complexity that emerges from Yahaya's comparison of two distinct imperial spaces. Collectively, they highlight the relevance of the book across regional and disciplinary literatures * H-Diplo *Nurfadzilah Yahaya's assiduous, illuminating and novel engagement with the making of colonial law forms the foundation of incisive historical analysis. Fluid Jurisdiction's disciplined focus on colonial law is not only an exemplary approach to questions of ethnicity and identity but also opens up the possibility of novel comparisons and conversations between South East Asia and the world. * South East Asia Research *Table of ContentsIntroduction: Establishing Legal Domains 1. The Lure of Bureaucracy: British Administration of Islamic Law in the Straits Settlements 2. Surat Kuasa: Powers of Attorney across the Indian Ocean 3. Resident Aliens: Exclusions of Arabs in the Netherlands Indies 4. Legal Incompetence: Jurisdictional Complications in the Netherlands Indies 5. Constructing the Index of Arabs: Colonial Imaginaries in Southeast Asia 6. Compromises: The Limitations of Diasporic Religious Trusts Conclusion: Postcolonial Transitions
£24.69
Stanford University Press Raised Right: Fatherhood in Modern American
Book SynopsisHow has the modern conservative movement thrived in spite of the lack of harmony among its constituent members? What, and who, holds together its large corporate interests, small-government libertarians, social and racial traditionalists, and evangelical Christians? Raised Right pursues these questions through a cultural study of three iconic conservative figures: National Review editor William F. Buckley, Jr., President Ronald Reagan, and Supreme Court Justice Clarence Thomas. Examining their papers, writings, and rhetoric, Jeffrey R. Dudas identifies what he terms a "paternal rights discourse"—the arguments about fatherhood and rights that permeate their personal lives and political visions. For each, paternal discipline was crucial to producing autonomous citizens worthy and capable of self-governance. This paternalist logic is the cohesive agent for an entire conservative movement, uniting its celebration of "founding fathers," past and present, constitutional and biological. Yet this discourse produces a paradox: When do authoritative fathers transfer their rights to these well-raised citizens? This duality propels conservative politics forward with unruly results. The mythology of these American fathers gives conservatives something, and someone, to believe in—and therein lies its timeless appeal. Trade Review"I began this book a skeptic and finished it a convert. Dudas argues that the origin of modern American conservatism can be found in the biographies of three American Conservative icons, each of whom had a dysfunctional father but found substitutes in our Founding Fathers, and a myth of rights of paternal authority. A true tour de force." -- Malcolm M. Feeley * University of California at Berkeley *"Raised Right offers an imaginative, incisive, and incendiary interpretation of modern political conservativism in the United States, focusing in particular on its paradoxical discourses about paternal authority and the rights of self-governing citizens. Dudas has produced a stunning analysis of enduring themes in contemporary American political culture." -- Michael McCann * University of Washington *"Dudas's rumination on the fathers of contemporary conservatism, real and fantastic, and how they haunt the movement's ideology is both novel and provocative. Raised Right ambitiously articulates a linkage between law and fatherly authority that underlies much of the driving force in the right's social and economic agenda. A must-read for anyone curious about the roots of conservatism or concerned about its future trajectory." -- Claire Rasmussen * University of Delaware *Table of ContentsContents and Abstracts1Raised Right chapter abstractChapter 1 is the book's substantive and methodological introduction. It first, identifies the paternal rights discourse that suffuses modern American conservatism and introduces the book's argument that this discourse exerts multiple and paradoxical effects on the trajectory of both American conservatism and American politics writ large. Second, it situates the book's analysis of the paternal rights discourse in the scholarly traditions of interpretivism, on one hand, and critical social theory (including elements of critical legal, feminist, race, and psychoanalytic approaches), on the other hand. Chapter 1 thus develops the conceptual scaffolding on which the book rests. 2Something to Believe In: Modern American Conservatism and the Paternal Rights Discourse chapter abstractChapter 2 first investigates the large body of scholarship that details the rise of the conservative movement in modern America. While it establishes that the success of American conservatism depends on prominent movement figures who at once appeal to a mass public and gild the fractious tendencies of conservatism's member populations, the accumulated scholarship offers little in the way of understanding of how the figures accomplish this feat. The second half of the chapter corrects this scholarly omission by documenting the obsession of modern American conservative intellectuals with the intertwined discourses of paternal authority and individual rights. It was an obsession that received full articulation in the personal and political narratives of the influential conservative figures who are the subjects of Chapters 3-6. Accordingly, in addition to its contribution to the existing scholarship on modern American conservatism, Chapter 2 prepares readers for the analyses of movement icons that follow. 3Penetrating the Inner Sanctum: William F. Buckley Jr., Paternal Desire, and the Rights of Man chapter abstractChapter 3 investigates the legacy of William F. Buckley Jr., focusing on a neglected aspect of his career: the best-selling Blackford Oakes spy novels. The Oakes novels, produced between 1976 and 2005, are distinguished within Buckley's oeuvre because their fictional form allowed him to present his vision of virtuous American citizenship in crystalline terms, unencumbered by the contemporary, parochial concerns that dominated his political writing. Filtered through the hypermasculine and sexually voracious Cold War–era adventures of a protagonist with whom Buckley shared particular biographical elements, these novels contain stark ruminations on the character of the American nation and are his clearest articulation of the familial, gendered, and rights-based desires and fears that are central to American conservatism. This chapter shows how the Oakes novels prepared the way in fiction for the Reagan Revolution of the 1980's that elevated American conservatism to new heights of prominence. 4"The Greatest Nation on Earth": Ronald Reagan, Fathers, and the Rights of Americans chapter abstractThis chapter explores Ronald Reagan's use of the paternal rights discourse. Reagan's handwritten speeches, letters, and radio broadcasts make clear that this discourse was the unifying thread of his nearly thirty-year political career. Conjoining childhood submission to paternal authority with the mature, responsible practice of rights later in life, Reagan's normative vision of American citizenship led him to at once champion the rights of America's "average" citizens and attack the rights of the nation's subversives – its "welfare queens," "wild animals," and "little criminals." As Reagan's attacks on student protesters when governor of California and his conduct of the Contra war when president of the United States make clear, the paternal rights discourse encouraged Reagan to pursue harshly punitive, frequently troubling, and ultimately ineffective measures in the name of fathers and rights. Reagan's paternal rights discourse nevertheless worked as a potent intellectual template for contemporaneous and future conservative politics. 5All the Rage: Clarence Thomas, Daddy, and the Tragedy of Rights chapter abstractThis chapter turns to current United States Supreme Court Justice Clarence Thomas, revered by conservatives as "the leading conservative in America today." Although Thomas is widely seen as the "silent justice," he has offered many speeches, interviews, and memoirs that are highly revealing. Using this primary source material, this chapter finds that Thomas's paternal rights discourse unites him with the fathers of modern American conservatism (e.g., Buckley and Reagan), but has ambivalent consequences for Thomas himself. These consequences manifest in Thomas's personal life and in his jurisprudential philosophy of "originalism," which demands fidelity to the constitutional desires of the founding fathers. Thomas's jurisprudence thus evokes the abiding paradox inherent in American conservatism's paternal rights discourse. Unable to successfully navigate this paradoxical tension, Thomas embodies the tragedy of American conservatism: his devotion to paternal authority prevents him from emerging as the autonomous, self-governing citizen of his, and conservatism's, dreams. 6A Nightmare Walking: The Haunting of Modern American Conservatism chapter abstractThe tension between paternal domination and self-governance that courses through American conservatism's paternal rights discourse raises a final question that is the subject of Chapter 6, the concluding chapter. Indeed, considering the paradoxical, troubling consequences that the paternal rights discourse exerts on modern American conservatism, why is it the movement's defining creed? To which deeply seated fears and desires does the movement's devotion to paternal authority point? How, finally, are we to account for the paternal rights discourse that haunts modern American conservatism? This chapter employs a unique mélange of critical theory sources and popular culture texts, including Julia Kristeva's concept of "melancholia" and Jack Sholder's A Nightmare on Elm Street 2, in order to assess the enduring appeal of American conservatism's paradoxical celebration of both fathers and rights.
£75.20
Stanford University Press Raised Right: Fatherhood in Modern American
Book SynopsisHow has the modern conservative movement thrived in spite of the lack of harmony among its constituent members? What, and who, holds together its large corporate interests, small-government libertarians, social and racial traditionalists, and evangelical Christians? Raised Right pursues these questions through a cultural study of three iconic conservative figures: National Review editor William F. Buckley, Jr., President Ronald Reagan, and Supreme Court Justice Clarence Thomas. Examining their papers, writings, and rhetoric, Jeffrey R. Dudas identifies what he terms a "paternal rights discourse"—the arguments about fatherhood and rights that permeate their personal lives and political visions. For each, paternal discipline was crucial to producing autonomous citizens worthy and capable of self-governance. This paternalist logic is the cohesive agent for an entire conservative movement, uniting its celebration of "founding fathers," past and present, constitutional and biological. Yet this discourse produces a paradox: When do authoritative fathers transfer their rights to these well-raised citizens? This duality propels conservative politics forward with unruly results. The mythology of these American fathers gives conservatives something, and someone, to believe in—and therein lies its timeless appeal. Trade Review"I began this book a skeptic and finished it a convert. Dudas argues that the origin of modern American conservatism can be found in the biographies of three American Conservative icons, each of whom had a dysfunctional father but found substitutes in our Founding Fathers, and a myth of rights of paternal authority. A true tour de force." -- Malcolm M. Feeley * University of California at Berkeley *"Raised Right offers an imaginative, incisive, and incendiary interpretation of modern political conservativism in the United States, focusing in particular on its paradoxical discourses about paternal authority and the rights of self-governing citizens. Dudas has produced a stunning analysis of enduring themes in contemporary American political culture." -- Michael McCann * University of Washington *"Dudas's rumination on the fathers of contemporary conservatism, real and fantastic, and how they haunt the movement's ideology is both novel and provocative. Raised Right ambitiously articulates a linkage between law and fatherly authority that underlies much of the driving force in the right's social and economic agenda. A must-read for anyone curious about the roots of conservatism or concerned about its future trajectory." -- Claire Rasmussen * University of Delaware *Table of ContentsContents and Abstracts1Raised Right chapter abstractChapter 1 is the book's substantive and methodological introduction. It first, identifies the paternal rights discourse that suffuses modern American conservatism and introduces the book's argument that this discourse exerts multiple and paradoxical effects on the trajectory of both American conservatism and American politics writ large. Second, it situates the book's analysis of the paternal rights discourse in the scholarly traditions of interpretivism, on one hand, and critical social theory (including elements of critical legal, feminist, race, and psychoanalytic approaches), on the other hand. Chapter 1 thus develops the conceptual scaffolding on which the book rests. 2Something to Believe In: Modern American Conservatism and the Paternal Rights Discourse chapter abstractChapter 2 first investigates the large body of scholarship that details the rise of the conservative movement in modern America. While it establishes that the success of American conservatism depends on prominent movement figures who at once appeal to a mass public and gild the fractious tendencies of conservatism's member populations, the accumulated scholarship offers little in the way of understanding of how the figures accomplish this feat. The second half of the chapter corrects this scholarly omission by documenting the obsession of modern American conservative intellectuals with the intertwined discourses of paternal authority and individual rights. It was an obsession that received full articulation in the personal and political narratives of the influential conservative figures who are the subjects of Chapters 3-6. Accordingly, in addition to its contribution to the existing scholarship on modern American conservatism, Chapter 2 prepares readers for the analyses of movement icons that follow. 3Penetrating the Inner Sanctum: William F. Buckley Jr., Paternal Desire, and the Rights of Man chapter abstractChapter 3 investigates the legacy of William F. Buckley Jr., focusing on a neglected aspect of his career: the best-selling Blackford Oakes spy novels. The Oakes novels, produced between 1976 and 2005, are distinguished within Buckley's oeuvre because their fictional form allowed him to present his vision of virtuous American citizenship in crystalline terms, unencumbered by the contemporary, parochial concerns that dominated his political writing. Filtered through the hypermasculine and sexually voracious Cold War–era adventures of a protagonist with whom Buckley shared particular biographical elements, these novels contain stark ruminations on the character of the American nation and are his clearest articulation of the familial, gendered, and rights-based desires and fears that are central to American conservatism. This chapter shows how the Oakes novels prepared the way in fiction for the Reagan Revolution of the 1980's that elevated American conservatism to new heights of prominence. 4"The Greatest Nation on Earth": Ronald Reagan, Fathers, and the Rights of Americans chapter abstractThis chapter explores Ronald Reagan's use of the paternal rights discourse. Reagan's handwritten speeches, letters, and radio broadcasts make clear that this discourse was the unifying thread of his nearly thirty-year political career. Conjoining childhood submission to paternal authority with the mature, responsible practice of rights later in life, Reagan's normative vision of American citizenship led him to at once champion the rights of America's "average" citizens and attack the rights of the nation's subversives – its "welfare queens," "wild animals," and "little criminals." As Reagan's attacks on student protesters when governor of California and his conduct of the Contra war when president of the United States make clear, the paternal rights discourse encouraged Reagan to pursue harshly punitive, frequently troubling, and ultimately ineffective measures in the name of fathers and rights. Reagan's paternal rights discourse nevertheless worked as a potent intellectual template for contemporaneous and future conservative politics. 5All the Rage: Clarence Thomas, Daddy, and the Tragedy of Rights chapter abstractThis chapter turns to current United States Supreme Court Justice Clarence Thomas, revered by conservatives as "the leading conservative in America today." Although Thomas is widely seen as the "silent justice," he has offered many speeches, interviews, and memoirs that are highly revealing. Using this primary source material, this chapter finds that Thomas's paternal rights discourse unites him with the fathers of modern American conservatism (e.g., Buckley and Reagan), but has ambivalent consequences for Thomas himself. These consequences manifest in Thomas's personal life and in his jurisprudential philosophy of "originalism," which demands fidelity to the constitutional desires of the founding fathers. Thomas's jurisprudence thus evokes the abiding paradox inherent in American conservatism's paternal rights discourse. Unable to successfully navigate this paradoxical tension, Thomas embodies the tragedy of American conservatism: his devotion to paternal authority prevents him from emerging as the autonomous, self-governing citizen of his, and conservatism's, dreams. 6A Nightmare Walking: The Haunting of Modern American Conservatism chapter abstractThe tension between paternal domination and self-governance that courses through American conservatism's paternal rights discourse raises a final question that is the subject of Chapter 6, the concluding chapter. Indeed, considering the paradoxical, troubling consequences that the paternal rights discourse exerts on modern American conservatism, why is it the movement's defining creed? To which deeply seated fears and desires does the movement's devotion to paternal authority point? How, finally, are we to account for the paternal rights discourse that haunts modern American conservatism? This chapter employs a unique mélange of critical theory sources and popular culture texts, including Julia Kristeva's concept of "melancholia" and Jack Sholder's A Nightmare on Elm Street 2, in order to assess the enduring appeal of American conservatism's paradoxical celebration of both fathers and rights.
£19.79
Stanford University Press Tyranny of Greed: Trump, Corruption, and the
Book SynopsisDemocracy is being destroyed by an ancient evil, and modernity is in denial. In the Tyranny of Greed, Timothy K. Kuhner reveals the United States to be a government by and for the wealthy, with Trump—the spirit of infinite greed—at its helm. Taking readers on a tour through evolutionary biology, psychology, and biblical sources, Kuhner explores how democracy emerged from religious and revolutionary awakenings. He argues that to overcome Trump's regime and establish real democracy, we must reconnect with that radical heritage. Our political tradition demands a revolution against corruption.Trade Review"Explosive, penetrating and utterly compelling, Kuhner charts the death spiral of American democracy as it collapses into the black hole of the religion of money. Never before in human history have noble ideals been corrupted so deeply with the connivance of so many. This book lays tyranny bare for all to see—as a mirror for the human soul."—Philip Goodchild, Professor of Religion and Philosophy, University of Nottingham, UK, author of Theology of Money and Credit and Faith"Stunning! Amidst the avalanche of recent books about how the United States became a kleptocracy headed by a man of naked need and greed, this is the one to read. Combining deep knowledge of constitutional law, savvy analyses of political texts and events, and splendid readings of Dante, Milton, and the Bible, Kuhner reveals how the corrupting force of Mammon steadily gained the institutionalized power to choke the American experiment in democracy, almost to death. This book is as original and gripping as it is persuasive. Its agenda for transformation is essential, no matter who wins the 2020 election."—Wendy Brown, Professor of Political Science, University of California, Berkeley, author of Undoing the Demos and In the Ruins of Neoliberalism"This book captures the nature of corruption in the Trump Era better than any other in print. The essence of corruption is self-involvement, self-indulgence, luxuriousness, and the loosening and discarding of the restraints of social bonds. Foundational norms of awareness of others and community responsibility are gradually replaced and ultimately overwhelmed by greed in all areas of personal and political life. The ethos of the Trump Era is materialism, impersonalism, and unabashed greed for money and power at any moral cost. How were two centuries of American idealism so suddenly and rapidly overwhelmed? This book tells us how we got here. And it tells us how we can fight the virus of corruption that threatens to destroy our shared culture and fragile democratic institutions."—Laura S. Underkuffler, J. DuPratt White Professor, Cornell University, author of Captured by Evil: The Idea of Corruption in Law"Tyranny of Greed is the most incisive critique yet of the Trump presidency and the system that created it. The story is brilliant, the method dramatic, and the scholarship impressive. This gripping piece of work cements Kuhner's status as one of the most original, interesting and effective contemporary scholars of U.S. constitutional law."—K D Ewing, Professor of Public Law, King's College London, author of The Cost of Democracy and Bonfire of the Liberties"A learned and exceptionally creative meditation on our current predicament and our current president. Kuhner looks at Donald Trump, and the system that produced him, through the lenses of history, literature, philosophy, and theology. The result is explosive and vitally important."—H. N. Hirsch, Professor of Politics, Oberlin College, author of A Theory of Liberty and The Future of Gay Rights in America"Timothy Kuhner captures the essence of Donald Trump—and modern American politics—in this illuminating book. Trump is many things but above all, Kuhner convincingly argues, he is the embodiment of greed. And his rise to power is no accident but, rather, the predictable product of a system that ignores corruption and enables the wealthy to dominate elections. To fix American democracy, Trump's defeat won't be enough. Instead, we'll have to rebuild the wall between private capital and public power."—Nicholas Stephanopoulos, Professor of Law, Harvard Law School, co-author of Election Law: Cases and Materials"Many books are announcing the downfall of American democracy, but Tyranny of Greed operates on another level. It's an original and powerful work of art. Tapping into a deeper awareness, Kuhner helps us recognize this dark time for what it really is—an opportunity for rebirth. Yes, I feel shaken, but also awakened. The more people who read this book, the more transformative our national conversation will become."—Frances Moore Lappé, bestselling author or co-author of nineteen books, from Diet for a Small Planet to Daring Democracy (with Adam Eichen)"In the span of a few years we have gone from arguing over politics, to arguing about how many tens of thousands of deaths would be worth boosting the stock market. We have become accustomed to wearing surgical masks to protect us from pandemics, and gas masks to protect us from riot police. We now shrug at the most blatant displays of authoritarianism and respond to Nazi parades with 'whataboutisms.' If you're as worried about the effects of Trump's election as I am, then this brave and surprising book is for you. Kuhner opens our eyes to the historical, philosophical, and religious roots of our present crisis, inspiring us to look inward to understand how we got to this moment in time. There within, he locates not only the underlying causes of the crisis, but also the strength we need to overcome it."—Reza Aslan, Professor of Creative Writing, University of California, Riverside, author of Zealot: The Life and Times of Jesus of Nazareth and No God but God"Timothy Kuhner masterfully situates Trump's presidency in broad historical perspective. He explains how and why so many Americans have come to tolerate and justify a plutocratic system with the values of greed and corruption that it sanctions. Kuhner's penetrating analysis calculates the enormous costs of our ideological complacency in spiritual, psychological, legal, cultural, and environmental terms. Everyone should heed his call for a revolutionary solution."—John T. Jost, Professor of Psychology and Politics and Co-Director of the Center for Social and Political Behavior, New York University, author of A Theory of System Justification"A fabulous read! If you want to know why Trump is a demon and, more importantly, why that demon also lies within us and our politics, you must read this book."—Joo-Cheong Tham, Professor, Melbourne Law School, author of Money in Politics: The Democracy We Can't Afford and co-editor of The Funding of Political Parties"The sheer volume of coverage of Donald Trump and his administration can have a deadening effect—yesterday's scandal risks becoming today's shrugging new normal. But Tim Kuhner's work reminds us that this shouldn't, indeed must not, be so. By tracing the origins of Trump's deeply immoral regime to fundamental flaws in the United States' system of democracy, he both helps us to understand how that country came to its current parlous situation and what must happen to reverse it."—Andrew Geddis, Professor of Law, University of Otago, author of Electoral Law in New Zealand"What does Donald Trump's rise to power say about the United States and the culture of greed and corruption? Tim Kuhner courageously takes on that question in this important, timely, and thought-provoking book. I highly recommend it."—John Bonifaz, constitutional attorney, Co-Founder and President of Free Speech For People, co-author of The Constitution Demands It: The Case for the Impeachment of Donald Trump"Kuhner holds nothing back. He builds on a solid foundation of evidence about Trump's abuses of power and the outsized role of money in American politics. But then he goes way beyond that to explore Biblical views of the corrupting power of greed and the demons that may possess our president—from Satan to the Beast to Mammon. Taking readers from Hell into hope and Light, Kuhner closes with a revolutionary vision of freedom, self-government, and political equality. The topic is grim, but the prose is energetic and the ideas are fascinating. Tyranny of Greed may well prove to be the best book of the year about politics."—Benjamin I. Page, co-author, with Martin Gilens, of Democracy in America? What Has Gone Wrong and What We Can Do about It"A truly outstanding and penetrating assessment of governance in the United States today. The greed and corruption of the Trump era are captured better than in any other book I have read (and I claim to have read them all).Tyranny of Greedis both a work of true scholarship and a gripping read."—The Ret. Hon. Sir Edmund Thomas, KNZM QCTable of Contents1. A Parable 2. The Demon 3. Genesis 11:2016 4. Mammon for President 5. Out from the Eighth Circle of Hell
£11.39
Stanford University Press The Specter of Dictatorship: Judicial Enabling of
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.
£79.20
Manchester University Press National Perspectives on a Multipolar Order:
Book SynopsisThe global distribution of power is changing. But how should we make sense of this moment of transition?With the rise of new powers and the decline of seemingly unchallenged US dominance in world politics, a conventional wisdom is gaining ground that a new multipolar order is taking shape. Yet multipolarity – an order with multiple centres of power – is variously used as a description of the current distribution of power, of the likely shape of a future global order, or even as a prescription for how power ‘should’ be distributed in the international system.To understand the power of the different – and sometimes competing – narratives on offer today about the changing global order, a global perspective is necessary. This book explores how the concept of a multipolar order is being used for different purposes in different national contexts. From rising powers to established powers, contemporary debates are analysed by a set of leading scholars to provide in-depth insight into the use and abuse of a widely employed but rarely explored concept.Table of ContentsIntroduction1 The utility and limits of polarity analysis – Benjamin ZalaPart I: Rising and re-emerging powers2 ‘Mirror, mirror on the wall’: China and the concept of multipolarity in the post-Cold War era – Nicholas Khoo and Zhang Qingmin3 India: Seeking multipolarity, favouring multilateralism, pursuing multialignment – Ian Hall4 Brazil: Pursuing a multipolar mirage? – Luis L. Schenoni5 Multipolarity in Russia: A philosophical and practical understanding – Elena ChebankovaPart II: The unipole and its allies6 Does the United States face a multipolar future? Washington’s response through the lens of technology – James S. Johnson7 Japan and the dangers of multipolarisation – H.D.P. Envall8 The uses and abuses of the polarity discourse in UK foreign and defence politics – David BlagdenConclusion9 Debating the distribution of power and status in the early twenty-first century – Benjamin ZalaIndex
£76.50
Cornerstone On Leadership
Book SynopsisTony Blair was prime minister of Great Britain and Northern Ireland between 1997 and 2007. The only Labour leader in the party's 100-year history to win three consecutive elections, he led a government whose achievements ranged from wholesale domestic reform, to a major programme of overseas aid and development, to the securing of the historic Good Friday Agreement in Northern Ireland. After leaving office he founded the not-for-profit Tony Blair Institute (TBI) in the conviction that a country's success and ability to enact transformational change is dependent on the effectiveness of its leadership and governance. Under his direction the Institute works with political leaders around the world, advising on strategy, policy and delivery and on the use of technology to drive all three.
£10.44
Bristol University Press Beyond the Virus: Multidisciplinary and
Book SynopsisAs the COVID-19 pandemic has unfolded, stark social inequalities have increasingly been revealed and, in many cases, exacerbated by the global health crisis. This book explores these inequalities, identifying three thematic strands: power and governance, gender and marginalized communities. By examining these three themes in relation to the effects of the pandemic, the book uncovers how unequal the pandemic truly is. It brings together invaluable insights from a range of international scholars across multiple disciplines to critically analyse how these inequalities have played out in the context of COVID-19 as a first step towards achieving social justice.Table of ContentsPart 1: Introduction Introduction: Beyond the Virus – Perspectives on Power, Gender and Marginalization - Sabrina Germain and Adrienne Yong Part 2: Power and Governance 1. Beyond Liberty: A Republican Perspective on COVID-19 Restrictions and the Politics of Freedom - Gwilym David Blunt 2. Beyond Authority and Governance in Israel during the COVID-19 Pandemic: A Crumbling of Solidarity and the Rise of Social Inequalities - Roy Gilbar and Nili Karako-Eyal 3. Mitigating Social Inequities in Quebec: Governance Law to the Rescue? - Marie-Ève Couture-Ménard, Louise Bernier, Mylaine Breton and Jean-Frédéric Ménard Part 3: Gender 4. (In)Equality, Expertise and the COVID-19 Crisis: An Intersectional Analysis - Valentina Cardo and Julia Boelle 5. Beyond COVID-19 Lockdown Compliance: A Gender Analysis - Naomi Finch, Simon Halliday, Jed Meers, Joe Tomlinson and Mark Wilberforce Part 4: Marginalized Communities 6. Beyond Privacy: South Korea’s Digital Technology-led Policy on COVID-19 and Its Impact on Human Rights Buhm-Suk Baek 7. Business as Usual: Inequality and Health Litigation during the COVID-19 Pandemic in Brazil - Natalia Pires de Vasconcelos 8. Beyond the Rhetoric of Essentiality: Canada’s Neoliberal Migrant Worker Policy during the COVID-19 Pandemic - Y.Y. Brandon Chen Part 5: Conclusion Conclusion: Beyond the Virus, Towards Social Justice - Sabrina Germain and Adrienne Yong
£76.50
Bristol University Press Unchecked Power?: How Recent Constitutional
Book SynopsisIs the government really acting for the people? Or does this rhetoric simply justify an executive power-grab? For some, Boris Johnson’s premiership epitomised how far the UK’s democracy has been captured by populism and the Prime Minister seemed more concerned about fulfilling the wishes of the British people than with following the rules or listening to Parliament. Events like ‘Partygate’ grabbed the headlines. Criticisms of Boris Johnson’s actions eventually led to his resignation and replacement as leader of his party and Prime Minister. Some feel that this shows that the UK’s constitution is healthy, with checks and balances in place to prevent any possible abuse of power. While these events attracted much media attention, other constitutional changes have been taking place with little public awareness. These have strengthened governmental powers and weakened political and legal checks over governmental actions. Deliberation is being replaced by rhetoric and principles of good government no longer seem to restrain the actions of those in power. Alison Young provides the first consolidated account of these changes, arguing that the UK is currently on a constitutional cliff-edge which endangers democracy and good constitutional government. She argues that more is needed to shore up the UK’s post-Brexit constitution to prevent it collapsing into a system of unchecked power.Table of Contents1. The Post-Brexit Constitution: Standing on a Constitutional Cliff Edge? 2. What Is Populism and Should We Be Worried? 3. Is the Government Getting Too Big for Its Boots? 4. Checks and Balances or Crowing and Bolstering? 5. Constitutional Guardrails or Greasy Poles? 6. Getting Things Done or Putting on a Show? 7. Constitutional Watchdogs: Rottweilers or Lapdogs? 8. Should We Be Afraid and if So What Should We Do about It?
£14.24
Nova Science Publishers Inc Elder Justice: Abuse, Legislation and Financial
Book SynopsisSeniors in nursing homes are among the people most vulnerable to life-threatening consequences of abuse and neglect. Across the country, that vulnerability is being exploited in unimaginably cruel ways in nursing homes that are unsafe, understaffed, and uninterested in providing even the most basic humane level of care. Chapter 1 looks at elder abuse and especially nursing home abuse. Elder abuse is a complex issue. As such, it often leads to calls for a multifaceted policy response that combines public health interventions, social services programs, and law enforcement. Chapter 2 provides a brief legislative history of the Elder Justice Act, summarises elder justice provisions enacted as part of the ACA, and describes administrative efforts related to implementation and funding, along with several issues for Congress regarding the act's reauthorisation. Elder financial exploitation -- the fraudulent or illegal use of an older adult's funds or property -- has far-reaching effects on victims and society. Chapter 3 examines the status of HHS's efforts to compile nationwide data through NAMRS on the extent of financial exploitation and the challenges involved, and what is known about the costs of financial exploitation to victims and others.Table of ContentsPreface; Not Forgotten: Protecting Americans from Abuse and Neglect in Nursing Homes; The Elder Justice Act: Background and Issues for Congress; Elder Justice: HHS Could Do More to Encourage State Reporting on the Costs of Financial Exploitation; Index.
£163.19
Irwin Law Inc The Laws of Government: The Legal Foundations of
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£31.50
Irwin Law False Security: The Radicalization of Canadian
Book Synopsis
£22.49
Irwin Law Inc National Security Law: Canadian practice in
Book Synopsis
£48.60
Irwin Law The Recognition of Two Official Languages in
Book Synopsis
£19.79
Vandeplas Pub. Lobbying: Business, Law and Public Policy, Why and How 12,000 People Spend $3+ Billion Impacting Our Government
£52.37
Gadsden Press The Constitution of the United States of America and the Constitution of the Confederate States of America
£10.66
The New Press Demolition Agenda
Book SynopsisA sweeping account of the first Trump administration’s systematic dismantling of the national agencies that protect our health, safety, and climate—and the progressive and equitable political future that is possible when we put people over power and greed “The sort of book that journalists, activists, and historians may want to keep on their shelves—forever.” —Forbes Magazine Now revised with a new preface and final chapter on what to expect from the current administration and how we can secure a thriving collective future—both socially and economically In the wake of a return to Trump-era governance, Demolition Agenda is more urgent than ever, revealing the ministration’s destruction of our government institutions—exposing Americans to greater risks while empowering corporate interests. Thomas O. McGarity, author, legal scholar, and former president of Center for Progressive Reform, profiles the toxic leaders and intricate strategies that the Trump administration employed to rid the government of protective policies and institutions—harming the health of a nation and accelerating climate change and economic turmoil. Including: Scott Pruitt’s corruption scandal at the EPA Elaine Chao’s weakening of transportation safety measures Ryan Zinke’s stint as secretary of the interior before he faced eighteen federal inquiries and was fired And the actions and impacts of other controversial figures such as Rick Perry, Betsy DeVos, Sonny Perdue, and Andrew Puzder While chronicling these abuses of power that defined the first Trump administration, McGarity also provides precise clarity on what we can continue to expect from the rest of his current term, what further harm can be done, and what this means for the future of our nation. While harrowing at times, Demolition Agenda ends hopefully, with a new chapter that provides a road map for future progressive politicians to reinstate a safe, healthy, and equitable society for all Americans—and most importantly, regain their trust.
£13.29
Georgetown University Press Federal Service and the Constitution: The
Book SynopsisConceived during the turbulent period of the late 1960s when 'rights talk' was ubiquitous, Federal Service and the Constitution, a landmark study first published in 1971, strove to understand how the rights of federal civil servants had become so differentiated from those of ordinary citizens. Now in a new, second edition, this legal-historical analysis reviews and enlarges its look at the constitutional rights of federal employees from the nation's founding to the present. Thoroughly revised and updated, this highly readable history of the constitutional relationship between federal employees and the government describes how the changing political, administrative, and institutional concepts of what the federal service is or should be are related to the development of constitutional doctrines defining federal employees' constitutional rights. Developments in society since 1971 have dramatically changed the federal bureaucracy, protecting and expanding employment rights, while at the same time Supreme Court decisions are eroding the special legal status of federal employees. Looking at the current status of these constitutional rights, Rosenbloom concludes by suggesting that recent Supreme Court decisions may reflect a shift to a model based on private sector practices.Trade ReviewProvides scholars, students of public administration, and public management practitioners with an invaluable overview of how courts have reshaped the public employment relationship. . . . [the book] should be mandatory reading for any student studing public administration and anyone serving as a government employee. * Public Administration Review *Table of ContentsPreface 1. The Public Employment Relationship 2. Development of the Public Employment Relationship, 1776-18293. The Spoils System and the Public Employment Relationship 4. Civil Service Reform and the Public Employment Relationship 5. Political Neutrality 6. Equality of Access to Civil Service Positions 7. Loyalty and Security 8. Building the Public Service Model 9. The Public Employment Relationship Today: Toward Convergence with the Private Sector? Bibliography Index
£48.00
Nova Science Publishers Inc U.S. Department of Justice Asset Forfeiture
Book SynopsisIn the nearly 25 years since the Comprehensive Crime Control Act of 1984 authorised federal officials to implement a national asset forfeiture program, asset forfeiture has become one of the most powerful tools for targeting criminals, including drug dealers and white collar criminals, who prey on the vulnerable for financial gain. Forfeiture statutes are now prevalent throughout the federal legal code and their use, along with other important anti-crime measures, has had a significant impact on crime. One of the most important provisions of asset forfeiture is the authorisation to share federal forfeiture proceeds with co-operating state and local law enforcement agencies. The Department of Justice Asset Forfeiture Program serves not only to deter crime but also to provide valuable additional resources to state and local law enforcement agencies. This book examines the U.S. Department of Justice Asset Forfeiture Policy Manual and Guide to Equitable Sharing Manual, with a focus on assisting state and local law enforcement agencies participating in the program by clarifying the directives they must follow to obtain and use equitably shared funds.
£189.74
Nova Science Publishers Inc Federal Acquisitions: Savings Strategies
Book Synopsis
£119.99
Nova Science Publishers Inc Federal Contractors: Past Performance
Book Synopsis
£119.99
Nova Science Publishers Inc U.S. Science & Engineering Workforce: Employment
Book Synopsis
£52.49
Nova Science Publishers Inc Foreclosure Rescue Schemes & Federal Efforts to
Book Synopsis
£52.49
