Government powers Books, bestsellers and new releases

Duncker & Humblot Das Mit Parite-Gesetzen Verfolgte Leitbild Der

1 in stock

Book Synopsis

Read more less

1 in stock

£59.92

University of Chicago Press The Supreme Court Review 2022

1 in stock

Book Synopsis

Read more less

1 in stock

£72.00

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 *

Read more less

1 in stock

£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 *

Read more less

£22.79

New York University Press Diversifying the Courts

7 in stock

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 *

Read more less

7 in stock

£62.90

Read more less

£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.

Read more less

£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

Read more less

£13.94

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.

Read more less

£79.20

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

Read more less

£76.50

Irwin Law Inc The Laws of Government: The Legal Foundations of

Book Synopsis

Read more less

£31.50

View options

Irwin Law False Security: The Radicalization of Canadian

Out of stock

Book Synopsis

Read more less

Out of stock

£999.99

View options

Irwin Law The Supreme Court on Trial: Judicial Activism or Democratic Dialogue

£22.49

Irwin Law Inc National Security Law: Canadian practice in

Book Synopsis

Read more less

£48.60

Irwin Law Political Law in Canada

£22.49

Irwin Law The Recognition of Two Official Languages in

Book Synopsis

Read more less

£20.89

Edward Elgar Publishing Ltd Public Private Partnership for WTO Dispute

Book SynopsisPublic Private Partnership for WTO Dispute Settlement is an interdisciplinary work examining the growing interaction between business entities and public officials. Crucially, it identifies how this relationship can enable developing countries to effectively utilize the provisions of the World Trade Organization Dispute Settlement Understanding (WTO DSU).Building on more than five years of empirical investigation, Amrita Bahri reflects on the dispute settlement partnership experiences of the top DSU users from the developed and developing world. This enables her to evaluate a diverse range of dispute settlement partnership strategies, which have allowed the governments involved to harness resources and expertise from the private sector.With practical suggestions on dispute settlement capacity building, this book provides a roadmap to policymakers, industry representatives and legal professionals on how to effectively engage with business entities for the resolution of international trade conflicts. It also provides a template for teaching and research activities to scholars focusing on international trade law, development studies and international dispute settlement.Trade Review'Extremely insightful and groundbreaking book based on comprehensive and rigorous research. Its admirable treatment of public private partnership in WTO disputes would attract policymakers, industry, legal professionals and the academic community. Incisive recommendations made by the author provide an effective template for countries to engage purposefully for resolving trade friction.' --Abhijit Das, Indian Institute of Foreign Trade, India'This book is a tremendous and timely contribution to the existing scholarship on law and development. Based on the full internalization of the literature, on painstaking empirical analysis and on an enriching comparative analysis, it explores the obstacles developing countries face in participating in legal institutions and suggests the strategies and synergies they can deploy to overcome them. The ultimate value of this strong project, not to be underscored in these critical times, is that legal institutions matter and can represent an important factor in shaping development.' --Luca Rubini, Birmingham Law School, UK'This is a stimulating comparison of how governments in developed countries (the United States and the EU) and in key developing countries (Brazil, China and India) have been handling their industries' complaints about foreign trade barriers. The lessons drawn in this study, on how such cooperation could be formalized and possibly improved from a developing country perspective, are worthwhile. Deserves a wide readership.' --Marco Bronckers, Leiden University, the NetherlandsTable of ContentsContents: Introduction 1. Developing Countries at WTO Dispute Settlement Understanding: Strengthening Participation 2. WTO Dispute Settlement Partnerships: A Conceptual Framework 3. Handling of WTO Disputes: The United States and the European Union 4. Handling of WTO Disputes: China’s Experience 5. Handling of WTO Disputes: Brazil’s Experience 6. Handling of WTO Disputes: India’s Experience 7. Devising Dispute Settlement Partnerships: “Lessons Learnt” Conclusion Bibliography Index

Read more less

£100.00

Edward Elgar Publishing Research Handbook on Global Governance

Book SynopsisThis carefully curated Research Handbook provides a wide-ranging exploration of global governance, including its successes and failures. It challenges the promise that global institutions and frameworks offer solutions to major world challenges such as climate change, pandemics, war, democracy, human rights and inequalities.

Read more less

£242.25

Edward Elgar Publishing Ltd Tools for State and Local Fiscal Management: From

Book SynopsisGovernments have always endured economic woes, but the increasing severity of such challenges, from the Great Recession starting in 2008 to the unprecedented impact of the COVID-19 pandemic, highlights the need for better-developed fiscal analysis capacity in governments of all sizes using the most practical—yet robust—techniques available. This volume presents an array of real-world analytical approaches in a variety of service areas at the core of state and local government.The concrete insights provided by this book serve as important tools for policy analysts, government officials charged with policy implementation, and public finance scholars across developing and developed countries looking for the essential, high-level analytical skills needed to expand internal capacity to weather uncertain economic environments. The book bridges the research–practice gap and provides practical tools for state and local fiscal analysis, including a detailed how-to guide for producing local tax expenditure reports, an age-based homestead exemption estimate calculator with guide, and simple methods for fuzzy matching administrative data. It is backed up with a depth and breadth of case studies on governments of a variety of sizes.Public officials and analysts in local state/regional institutions and international institutions with a public policy focus as well as public finance scholars across developing and developed countries will find invaluable the analyses and tools provided by this book. It also serves as a key resource for students, researchers, and instructors across public policy.Table of ContentsContents: Foreword by Robert D. Ebel xi PART I TAX POLICY TOOLS 1 Introduction to Tools for State and Local Fiscal Management 2 Alex Hathaway, Jorge Martinez-Vazquez, and Chris Thayer 2 Dynamic revenue analysis: Experience of the states 9 Peter Bluestone and Carolyn Bourdeaux 3 Local government revenue diversification: Prospects for Connecticut 37 Laura Wheeler and Bauyrzhan Yedgenov 4 The Homestead Option Sales Tax: Lessons learned from DeKalb and Rockdale counties 79 Mels de Zeeuw and Laura Wheeler PART II TAX INCENTIVE TOOLS 5 Age-based property tax exemptions’ effects on home prices and migration of older homeowners 91 Peter Bluestone and Nicholas Warner, with H. Spencer Banzhaf and Per Johnson 6 Preparing local tax expenditure reports: A practical guide for local governments 111 Per Johnson and Laura Wheeler 7 Local tax incentives: Examples from metropolitan counties 127 Laura Wheeler and Per Johnson PART III EDUCATION POLICY TOOLS 8 Financing education services 152 Elton Davis and Isabel Ruthotto 9 Equalization grants for education services 183 Nicholas Warner 10 Georgia’s special purpose local option sales tax for education: Review of trends and policy implications 193 Ross Rubenstein and Nicholas Warner 11 The effect of start-up charter schools on nearby property values 218 Peter Bluestone, David L. Sjoquist, and Nicholas Warner PART IV ECONOMIC DEVELOPMENT TOOLS 12 Tax increment financing: Effects of the Great Recession in the United States, Georgia, and Atlanta 254 Dick Layton 13 Adding multifamily residential properties to community improvement districts 284 Carolyn Bourdeaux, Lindsay Kuhn, Sarah E. Larson, and Laura Wheeler 14 Non-tax economic development incentives 319 Carlianne Patrick 15 Constitutional limits on state and local aid to private enterprise 331 Carlianne Patrick Index 372

Read more less

£131.00

a huge range and FREE tracked UK delivery on ALL orders.

Read more less

15 in stock

£142.50

HarperCollins Publishers Inc Here Right Matters

Out of stock

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

Out of stock

£16.19

View options

HarperCollins Here Right Matters

10 in stock

£23.99

3470 products

Duncker & Humblot Das Mit Parite-Gesetzen Verfolgte Leitbild Der

University of Chicago Press The Supreme Court Review 2022

Indiana University Press Defending the Filibuster Revised and Updated

Harvard University Press Long Wars and the Constitution

Harvard University, Asia Center Give and Take

Princeton University Press The Substance of Representation

Princeton University Press Why Government Fails So Often And How It Can Do

Princeton University Press Just Married

Princeton University Press Why Government Fails So Often

Princeton University Press The President Who Would Not Be King

Princeton University Press Checks in the Balance

University of British Columbia Press Good Government Good Citizens

University of British Columbia Press Seeking the Courts Advice The Politics of the

University of British Columbia Press Seeking the Courts Advice

University of British Columbia Press Debt and Federalism

University of British Columbia Press Debt and Federalism

Johns Hopkins University Press Science in the Federal Government

MP-OKL Uni of Oklahoma The Seminole Nation of Oklahoma Volume 4 A Legal

Edward Elgar Publishing Ltd Law and the Limits of Government

New York University Press The Imagined Juror

New York University Press The Imagined Juror

New York University Press Diversifying the Courts

New York University Press Diversifying the Courts

New York University Press Reorganizing Government

Cornell University Press Fluid Jurisdictions

Stanford University Press Raised Right: Fatherhood in Modern American

Stanford University Press Raised Right: Fatherhood in Modern American

Stanford University Press Tyranny of Greed: Trump, Corruption, and the

Stanford University Press The Specter of Dictatorship: Judicial Enabling of

Bristol University Press Beyond the Virus: Multidisciplinary and

Irwin Law Inc The Laws of Government: The Legal Foundations of

Irwin Law False Security: The Radicalization of Canadian

Irwin Law The Supreme Court on Trial: Judicial Activism or Democratic Dialogue

Irwin Law Inc National Security Law: Canadian practice in

Irwin Law Political Law in Canada

Irwin Law The Recognition of Two Official Languages in

Edward Elgar Publishing Ltd Public Private Partnership for WTO Dispute

Edward Elgar Publishing Research Handbook on Global Governance

Edward Elgar Publishing Ltd Tools for State and Local Fiscal Management: From

Edward Elgar Publishing National Security Lies

Taylor & Francis Law and Economics in India

Taylor & Francis Judging Law and Policy

Taylor & Francis Judging Law and Policy

Taylor & Francis The Legal Framework of Police Powers

Taylor & Francis The Legal Framework of Police Powers

Taylor & Francis Ltd Promoting Integrity

HarperCollins Publishers Inc Here Right Matters

HarperCollins Here Right Matters