Download or read book Managed Speech written by Gregory P. Magarian and published by Oxford University Press. This book was released on 2017-03-07 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Our constitutional freedom to speak out against government and corporate power is always fragile, but today it faces unprecedented hazards. In Managed Speech: The Roberts Court's First Amendment, leading First Amendment scholar, Gregory Magarian, explores and critiques how the present U.S. Supreme Court, led by Chief Justice John Roberts, has reshaped and degraded the law of expressive freedom. This timely book shows how the Roberts Court's free speech decisions embody a version of expressive freedom that Professor Magarian calls "managed speech". Managed speech empowers stable, responsible institutions, both government and private, to manage public discussion; disfavors First Amendment claims from social and political outsiders; and, above all, promotes social and political stability. Professor Magarian examines all of the more than forty free speech decisions the Supreme Court handed down between Chief Justice Roberts' ascent in 2005 and Justice Antonin Scalia's death in 2016. Those decisions, taken together, aggressively advance stability at a steep cost to robust public debate. Professor Magarian proposes a theoretical alternative to managed speech, one that would aim to increase the range of ideas and voices in public discussion: "dynamic diversity." A First Amendment doctrine based on dynamic diversity would prioritize political dissent and the rights of journalists, allow for reasonable regulations of money in politics, and work to broaden opportunities for speakers to be heard. This book offers a fresh, critical perspective on the crucial question of what the First Amendment should mean and do.

Download or read book Research Handbook on Corporate Purpose and Personhood written by Pollman, Elizabeth and published by Edward Elgar Publishing. This book was released on 2021-09-28 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: This insightful Research Handbook contributes to the theoretical and practical understanding of corporate purpose and personhood, which has become the central debate of corporate law. It provides cutting-edge thoughts on the role of corporations in society and the nature of their rights and responsibilities.

Download or read book Corporate Personhood written by Susanna Ripken and published by Cambridge University Press. This book was released on 2019-08-08 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores the nature of corporate personhood and how it affects the rights, powers, and influence of corporations in society.

Download or read book Corporations Are People Too written by Kent Greenfield and published by Yale University Press. This book was released on 2018-01-01 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: Why we're better off treating corporations as people under the law--and making them behave like citizens Are corporations people? The U.S. Supreme Court launched a heated debate when it ruled in Citizens United that corporations can claim the same free speech rights as humans. Should they be able to claim rights of free speech, religious conscience, and due process? Kent Greenfield provides an answer: Sometimes. With an analysis sure to challenge the assumptions of both progressives and conservatives, Greenfield explores corporations' claims to constitutional rights and the foundational conflicts about their obligations in society and concludes that a blanket opposition to corporate personhood is misguided, since it is consistent with both the purpose of corporations and the Constitution itself that corporations can claim rights at least some of the time. The problem with Citizens United is not that corporations have a right to speak, but for whom they speak. The solution is not to end corporate personhood but to require corporations to act more like citizens.

Download or read book Tort Law in America written by G. Edward White and published by Oxford University Press, USA. This book was released on 2003 with total page 428 pages. Available in PDF, EPUB and Kindle. Book excerpt: G. Edward White's 'Tort Law in America' is regarded as a standard in the field. Concise, accessible and wide-ranging, White's work represents a major work of legal scholarship, providing an enduring intellectual history of American tort law.

Download or read book American Crusade written by Andrew L Seidel and published by Union Square & Co.. This book was released on 2022-09-27 with total page 472 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is a fight against equality and for privilege a fight for religious supremacy? Andrew L. Seidel, a constitutional attorney and author of the critically acclaimed book The Founding Myth: Why Christian Nationalism Is Un-American, dives into the debate on religious liberty, the modern attempt to weaponize religious freedom, and the Supreme Court's role in that “crusade.” Seidel examines some of the key Supreme Court cases of the last thirty years—including Masterpiece Cakeshop v. Colorado Civil Rights Commission (a bakery that refused to make a wedding cake for a gay couple), Trump v. Hawaii (the anti-Muslim travel ban case), American Legion v. American Humanist Association (related to a group maintaining a 40-foot Christian cross on government-owned land), and Tandon v. Newsom (a Santa Clara Bible group exempted from Covid health restrictions), as well as the recent overturning of Roe v. Wade—and how a hallowed legal protection, freedom of religion, has been turned into a tool to advance privilege and impose religion on others. This is a meticulously researched and deeply insightful account of our political landscape with a foreword provided by noted constitutional scholar Erwin Chemerinsky, author of The Case Against the Supreme Court. The issue of church versus state is more relevant than ever in today’s political climate and with the conservative majority status of the current Supreme Court. This book is a standout on the shelf for fans of Richard Dawkins, Christopher Hitchens, and Sam Harris. Readers looking for critiques of the rise of Christian nationalism, like Jesus and John Wayne, and examinations like How Democracies Die will devour Seidel's analysis. Hardcover with dust jacket; 320 pages; 9 in H by 6 in W.

Download or read book European Competition Law Annual 2013 written by Philip Lowe and published by Bloomsbury Publishing. This book was released on 2016-04-21 with total page 683 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume contains papers presented at the 18th Annual EU Competition Law and Policy Workshop. The papers examine means of balancing effective (public) competition law enforcement and the requirements of legitimate and accountable exercise of public authority. The authors address the design and performance of various enforcement tools at European and national levels, including sanctions and remedies but also distinctive instruments under Regulation 1/2003 (eg commitment procedures) and under the Treaty on the Functioning of the European Union (Article 106(3) when used as a basis for infringement procedures). From the perspective of legitimacy, reflections focus on the implications of fundamental rights standards and general principles of law for the EU's complex and quasi-federal enforcement architecture. Issues that may sometimes escape judicial scrutiny are also discussed, such as how agencies prioritise their activities, and how investigation responsibilities are distributed within the European Competition Network. Effectiveness and legitimacy are then considered in the context of public enforcement cooperation beyond the EU, where international organisations, regional cooperation and a range of formal and informal modes of governance prevail.

Download or read book Nominations of Michael B Thornton Joseph W Nega and F Scott Kieff written by United States. Congress. Senate. Committee on Finance and published by . This book was released on 2013 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Human Rights in Transnational Business written by Julia Ruth-Maria Wetzel and published by Springer. This book was released on 2016-04-28 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how human rights law can be applied to corporate entities. To date there have been insufficient international legal mechanisms to bring corporations to justice for their misconduct abroad. The book argues that rather than trying to solve the problem locally, an international approach to corporate human rights compliance needs to be sought to prevent future corporate human rights abuses. Implementing effective and enforceable human rights compliance policies at corporate level allows businesses to prevent negative human rights impacts such as loss of revenue, high litigation costs and damage to reputation. By considering human rights to be an inherent part of their business strategy, corporations will be well equipped to meet national and regional business and human rights standards, which will inevitably be implemented in the next few years. This approach, in turn, also furthers the fundamental aim of international human rights law.

Download or read book Women Who Opt Out written by Bernie D. Jones and published by NYU Press. This book was released on 2012-04-02 with total page 212 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a much-publicized and much-maligned 2003 New York Times article, “The Opt-Out Revolution,” the journalist Lisa Belkin made the controversial argument that highly educated women who enter the workplace tend to leave upon marrying and having children. Women Who Opt Out is a collection of original essays by the leading scholars in the field of work and family research, which takes a multi-disciplinary approach in questioning the basic thesis of “the opt-out revolution.” The contributors illustrate that the desire to balance both work and family demands continues to be a point of unresolved concern for families and employers alike and women’s equity within the workforce still falls behind. Ultimately, they persuasively make the case that most women who leave the workplace are being pushed out by a work environment that is hostile to women, hostile to children, and hostile to the demands of family caregiving, and that small changes in outdated workplace policies regarding scheduling, flexibility, telecommuting and mandatory overtime can lead to important benefits for workers and employers alike. Contributors: Kerstin Aumann, Jamie Dolkas, Ellen Galinsky, Lisa Ackerly Hernandez, Susan J. Lambert, Joya Misra, Maureen Perry-Jenkins, Peggie R. Smith, Pamela Stone, and Joan C. Williams. Listen to Bernie D. Jones on WPYR Radio: Mothers and the delicate work-family balance

Download or read book Academic Reading Second Edition written by Janet Giltrow and published by Broadview Press. This book was released on 2002-03-21 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: This reader has been designed to accompany Giltrow’s Academic Writing, one of the key principles of which is that there is a close connection between the processes of reading and of writing academic prose. Each reading is preceded by introductory commentary, questions, and suggestions for discussion, and the book also includes a brief general introduction. As with Giltrow’s Academic Writing, her Academic Reading is a challenging text. At its core are examples of actual academic writing of the sort that students must learn to deal with daily, and to write themselves. As newcomers to the scholarly community, students can find that community’s ways of reading and writing mysterious, unpredictable and intimidating. Academic Reading demystifies the scholarly genres, shedding light on their discursive conventions. Throughout, Academic Reading respects the student writer; it engages the reader’s interest without ever condescending, and it avoids entirely the arbitrary and the dogmatic. The second edition is expanded to include twenty-one selections, nineteen of which come from scholarly publications, and more than half of which are new to this edition.

Download or read book School Resegregation written by John Charles Boger and published by Univ of North Carolina Press. This book was released on 2009-11-13 with total page 396 pages. Available in PDF, EPUB and Kindle. Book excerpt: Confronting a reality that many policy makers would prefer to ignore, contributors to this volume offer the latest information on the trend toward the racial and socioeconomic resegregation of southern schools. In the region that has achieved more widespread public school integration than any other since 1970, resegregation, combined with resource inequities and the current "accountability movement," is now bringing public education in the South to a critical crossroads. In thirteen essays, leading thinkers in the field of race and public education present not only the latest data and statistics on the trend toward resegregation but also legal and policy analysis of why these trends are accelerating, how they are harmful, and what can be done to counter them. What's at stake is the quality of education available to both white and nonwhite students, they argue. This volume will help educators, policy makers, and concerned citizens begin a much-needed dialogue about how America can best educate its increasingly multiethnic student population in the twenty-first century. Contributors: Karen E. Banks, Wake County Public School System, Raleigh, N.C. John Charles Boger, University of North Carolina School of Law Erwin Chemerinsky, Duke Law School Charles T. Clotfelter, Duke University Susan Leigh Flinspach, University of California, Santa Cruz Erica Frankenberg, Harvard Graduate School of Education Catherine E. Freeman, U.S. Department of Education Jay P. Heubert, Teachers College, Columbia University Jennifer Jellison Holme, University of California, Los Angeles Michal Kurlaender, Harvard Graduate School of Education Helen F. Ladd, Duke University Luis M. Laosa, Kingston, N.J. Jacinta S. Ma, U.S. Equal Employment Opportunity Commission Roslyn Arlin Mickelson, University of North Carolina at Charlotte Gary Orfield, Harvard Graduate School of Education Gregory J. Palardy, University of Georgia john a. powell, Ohio State University Sean F. Reardon, Stanford University Russell W. Rumberger, University of California, Santa Barbara Benjamin Scafidi, Georgia State University David L. Sjoquist, Georgia State University Jacob L. Vigdor, Duke University Amy Stuart Wells, Teachers College, Columbia University John T. Yun, University of California, Santa Barbara

Download or read book Intellectual Property and Emerging Technologies written by Matthew Rimmer and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: This unique and comprehensive collection investigates the challenges posed to intellectual property by recent paradigm shifts in biology. It explores the legal ramifications of emerging technologies, such as genomics, synthetic biology, stem cell research, nanotechnology, and biodiscovery. Extensive contributions examine recent controversial court decisions in patent law such as Bilski v. Kappos, and the litigation over Myriad's patents in respect of BRCA1 and BRCA2 while other papers explore sui generis fields, such as access to genetic resources, plant breeders' rights, and traditional knowledge. The collection considers the potential and the risks of the new biology for global challenges such as access to health-care, the protection of the environment and biodiversity, climate change, and food security. It also considers Big Science projects such as biobanks, the 1000 Genomes Project, and the Doomsday Vault. The inter-disciplinary research brings together the work of scholars from Australia, Canada, Europe, the UK and the US and involves not only legal analysis of case law and policy developments, but also historical, comparative, sociological, and ethical methodologies. Intellectual Property and Emerging Technologies will appeal to policy-makers, legal practitioners, business managers, inventors, scientists and researchers.

Download or read book Official Reports of the Supreme Court written by United States. Supreme Court and published by . This book was released on 2006 with total page 856 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book United States Reports written by United States. Supreme Court and published by . This book was released on 2014 with total page 1372 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Separate but Faithful written by Amanda Hollis-Brusky and published by Oxford University Press. This book was released on 2020-10-01 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fueled by grassroots activism and a growing collection of formal political organizations, the Christian Right became an enormously influential force in American law and politics in the 1980s and 90s. While this vocal and visible political movement has long voiced grave concerns about the Supreme Court and cases such as Roe v. Wade, they weren't able to effectively enter the courtroom in a serious and sustained way until recently. During the pivot from the 20th to the 21st century, a small constellation of high-profile Christian Right leaders began to address this imbalance by investing in an array of institutions aimed at radically transforming American law and legal culture. In Separate But Faithful, Amanda Hollis-Brusky and Joshua C. Wilson provide an in-depth examination of these efforts, including their causes, contours and consequences. Drawing on an impressive amount of original data from a variety of sources, they look at the conditions that gave rise to a set of distinctly "Christian Worldview" law schools and legal institutions. Further, Hollis-Brusky and Wilson analyze their institutional missions and cultural makeup and evaluate their transformative impacts on law and legal culture to date. In doing so, they find that this movement, while struggling to influence the legal and political mainstream, has succeeded in establishing a Christian conservative beacon of resistance; a separate but faithful space from which to incrementally challenge the dominant legal culture. Both a compelling narrative of the rise of Christian Right lawyers and a trenchant analysis of how institutional networks fuel the growth of social movements, Separate But Faithful challenges the dominant perspectives of the politics of law in contemporary America.

Download or read book Harvard Law Review Volume 131 Number 1 November 2017 written by Harvard Law Review and published by Quid Pro Books. This book was released on 2017-11-07 with total page 447 pages. Available in PDF, EPUB and Kindle. Book excerpt: The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the Supreme Court issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2016 Term, articles include: • Foreword: "1930s Redux: The Administrative State Under Siege," by Gillian E. Metzger • Essay: "Unprecedented? Judicial Confirmation Battles and the Search for a Usable Past," by Josh Chafetz • Comment: "Churches, Playgrounds, Government Dollars — and Schools?," by Douglas Laycock • Comment: "Equality, Sovereignty, and the Family in Morales-Santana," by Kristin A. Collins In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political, and constitutional subjects. Student commentary is thus provided on eighteen of the Leading Cases of the 2016 Term, including such subjects as racial gerrymandering, freedom of speech, regulatory takings, right to effective counsel, equal protection, appellate jurisdiction, fair housing, immigration law, insider trading, venue in patent cases, and remedies for constitutional violations. Complete statistical graphs and tables of the Court's actions and results during the Term are included; these summaries and statistics, including voting patterns of individual Justices, have long been considered very useful to scholars of the Court in law and political science. Finally, the issue includes a linked Index of Cases and citations for the discussed opinions. The Harvard Law Review is offered in a quality digital edition, featuring active Contents, linked footnotes, active URLs, legible tables, and proper ebook and Bluebook formatting. This current issue of the Review is November 2017, the first issue of academic year 2017-2018 (Volume 131). The Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. It comes out monthly from November through June and has roughly 2500 pages per volume. Student editors make all editorial and organizational decisions.