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Book Matters of Discretion

Download or read book Matters of Discretion written by I.K. Gujral and published by Hay House, Inc. This book was released on 2011-02-01 with total page 579 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first-ever autobiography written by an Indian prime minister. Only once in a lifetime comes a book that simply must be read! An absorbing, authentic and definitive account, by a former prime minister, of crucial events that had a significant impact on the nation’s destiny after independence. I K Gujral has penned his life story in a forthright and candid manner. He entered the political fray as a freedom fighter in the British era, and after the tumultuous events that rocked the Indian subcontinent in the wake of the partition in August 1947, crossed over from Pakistan to India, where he had to begin life from scratch. Despite facing tremendous odds, on the basis of his perseverance, resilience and never-say-die attitude, Gujral’s achievements allowed him to witness and shape India’s contemporary history. Gujral joined Congress Party and was first elected to the Rajya Sabha in 1964. He was the Information and Broadcasting Minister when emergency was imposed, which entailed arbitrary press censorship. Since he refused to bow down to the de facto powers, he was unceremoniously replaced and later sent by Indira Gandhi as India’s ambassador to the USSR, a post he handled with commendable tact and finesse. After his stint in Moscow, he returned to India and re-entered the ‘political whirlpool’ by joining the Janata Dal. He became minister for external affairs under V P Singh (1989) and Deve Gowda (1996). Gujral reached the pinnacle of his career when he became the prime minister on 1997. During his priministership, despite the exigencies and pressures of running a coalition government, he endeavoured to achieve progress in many spheres. The Gujral Doctrine (a set of five principles to guide the conduct of foreign relations with India’s immediate neighbours) was widely acclaimed in both India and the West. This volume, a valuable addition to the literature on contemporary history, provides a deep insight into the political scene as it unfolded after independence and delineates the roles played by a wide spectrum of politicians, bureaucrats, and many others.

Book Matters of Discretion

    Book Details:
  • Author : Inder Kumar Gujral
  • Publisher :
  • Release : 2011
  • ISBN : 9789380480800
  • Pages : 519 pages

Download or read book Matters of Discretion written by Inder Kumar Gujral and published by . This book was released on 2011 with total page 519 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book Model Rules of Professional Conduct

    Book Details:
  • Author : American Bar Association. House of Delegates
  • Publisher : American Bar Association
  • Release : 2007
  • ISBN : 9781590318737
  • Pages : 216 pages

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Book Beyond Deportation

    Book Details:
  • Author : Shoba Sivaprasad Wadhia
  • Publisher : NYU Press
  • Release : 2015-06-02
  • ISBN : 1479829226
  • Pages : 249 pages

Download or read book Beyond Deportation written by Shoba Sivaprasad Wadhia and published by NYU Press. This book was released on 2015-06-02 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law When Beatles star John Lennon faced deportation from the U.S. in the 1970s, his lawyer Leon Wildes made a groundbreaking argument. He argued that Lennon should be granted “nonpriority” status pursuant to INS’s (now DHS’s) policy of prosecutorial discretion. In U.S. immigration law, the agency exercises prosecutorial discretion favorably when it refrains from enforcing the full scope of immigration law. A prosecutorial discretion grant is important to an agency seeking to focus its priorities on the “truly dangerous” in order to conserve resources and to bring compassion into immigration enforcement. The Lennon case marked the first moment that the immigration agency’s prosecutorial discretion policy became public knowledge. Today, the concept of prosecutorial discretion is more widely known in light of the Obama Administration’s Deferred Action for Childhood Arrivals or DACA program, a record number of deportations and a stalemate in Congress to move immigration reform. Beyond Deportation is the first book to comprehensively describe the history, theory, and application of prosecutorial discretion in immigration law. It provides a rich history of the role of prosecutorial discretion in the immigration system and unveils the powerful role it plays in protecting individuals from deportation and saving the government resources. Shoba Sivaprasad Wadhia draws on her years of experience as an immigration attorney, policy leader, and law professor to advocate for a bolder standard on prosecutorial discretion, greater mechanisms for accountability when such standards are ignored, improved transparency about the cases involving prosecutorial discretion, and recognition of “deferred action” in the law as a formal benefit.

Book Discretion in the Welfare State

Download or read book Discretion in the Welfare State written by Anders Molander and published by Taylor & Francis. This book was released on 2016-09-13 with total page 101 pages. Available in PDF, EPUB and Kindle. Book excerpt: Welfare state professionals decide or establish premises as to whom will receive what, in what manner, when and how much, and when enough is enough. They control who passes through the gates of the welfare state. This book provides an in-depth understanding of the phenomenon of discretion. It shows why the delegation of discretionary powers to professionals in the front-line of the welfare state is both unavoidable and problematic. Extensive use of discretion can threaten the principles of the rule of law and relinquish democratic control over the implementation of laws and policies. The book introduces an understanding of discretion that adds an epistemic dimension (discretion as a mode of reasoning) to the common structural understanding of discretion (an area of judgment and decision). Accordingly, it distinguishes between structural and epistemic measures of accountability. The aim of the former is to constrain discretionary spaces or the behavior within them while the aim of the latter is to improve the quality of discretionary reasoning. This text will be of key interest to scholars and students in the fields of applied philosophy, public policy and public administration, welfare state research, and the sociology of professions.

Book Due Process as a Limit to Discretion in International Commercial Arbitration

Download or read book Due Process as a Limit to Discretion in International Commercial Arbitration written by Franco Ferrari and published by Kluwer Law International B.V.. This book was released on 2020-09-25 with total page 471 pages. Available in PDF, EPUB and Kindle. Book excerpt: The absence of a coherent body of case law on due process has increasingly motivated recalcitrant parties to use due process as a strategic tool, thereby putting at risk the prospect of obtaining an enforceable award in expeditious proceedings. Countering this inherent danger, here for the first time is a comprehensive study on due process as a limit to arbitral discretion, showing how due process applies in practice in key jurisdictions around the world. Based on country reports prepared by leading arbitration practitioners and academics, the book explores how courts in major arbitration jurisdictions apply due process guarantees when performing their post-award review. The contributors, driven by an interest in exploring the interplay between due process and efficiency, focus on those due process guarantees that set limits to arbitral discretion. Matters covered include the following: the right to be heard and how it may be affected by submission deadlines, evidentiary offers by the opposing party, and directions to the parties as to which aspects require further pleading; the right to be treated equally and its interplay with the duty to give each party full opportunity to present its case and to comment on submissions and evidence filed by the other party; the duty to effect proper notice, including delivery and language issues; the independence and impartiality of arbitrators with a focus on when an arbitrator’s conduct can become the basis for a successful challenge; and courts’ standards of deference when examining issues arising at the post-award stage. An introductory general report thoroughly analyses the normative basis of due process and its interplay with party autonomy, as well as applicable standards of review and commonalities among manifestations of due process across jurisdictions. A signal contribution to the debate regarding the so-called due process paranoia affecting arbitral tribunals – a topic relevant in every single arbitration proceeding – this book provides practical guidelines on how to maintain the balance between due process and efficiency and how to apply due process and counteract its misuse in arbitration proceedings. It will be welcomed by counsel, arbitrators, and judges from all countries, as well as by academics and researchers concerned with international commercial arbitration.

Book Targeting Discretion Model

Download or read book Targeting Discretion Model written by Casey LaFrance and published by . This book was released on 2016-05-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: The topic of police discretion has long intrigued members of the academic community and law-enforcement practitioners. This scholarly yet practical study is an attempt to create conversations between these two groups. It presents a model designed to link theory and practice in order to advance collective understanding of the factors that contribute to discretionary decision making.

Book Global Encyclopedia of Public Administration  Public Policy  and Governance

Download or read book Global Encyclopedia of Public Administration Public Policy and Governance written by Ali Farazmand and published by Springer Nature. This book was released on 2023-04-05 with total page 13623 pages. Available in PDF, EPUB and Kindle. Book excerpt: This global encyclopedic work serves as a comprehensive collection of global scholarship regarding the vast fields of public administration, public policy, governance, and management. Written and edited by leading international scholars and practitioners, this exhaustive resource covers all areas of the above fields and their numerous subfields of study. In keeping with the multidisciplinary spirit of these fields and subfields, the entries make use of various theoretical, empirical, analytical, practical, and methodological bases of knowledge. Expanded and updated, the second edition includes over a thousand of new entries representing the most current research in public administration, public policy, governance, nonprofit and nongovernmental organizations, and management covering such important sub-areas as: 1. organization theory, behavior, change and development; 2. administrative theory and practice; 3. Bureaucracy; 4. public budgeting and financial management; 5. public economy and public management 6. public personnel administration and labor-management relations; 7. crisis and emergency management; 8. institutional theory and public administration; 9. law and regulations; 10. ethics and accountability; 11. public governance and private governance; 12. Nonprofit management and nongovernmental organizations; 13. Social, health, and environmental policy areas; 14. pandemic and crisis management; 15. administrative and governance reforms; 16. comparative public administration and governance; 17. globalization and international issues; 18. performance management; 19. geographical areas of the world with country-focused entries like Japan, China, Latin America, Europe, Asia, Africa, the Middle East, Russia and Eastern Europe, North America; and 20. a lot more. Relevant to professionals, experts, scholars, general readers, researchers, policy makers and manger, and students worldwide, this work will serve as the most viable global reference source for those looking for an introduction and advance knowledge to the field.

Book The Uses of Discretion

    Book Details:
  • Author : Keith Hawkins
  • Publisher : Oxford University Press on Demand
  • Release : 1994
  • ISBN : 9780198259503
  • Pages : 431 pages

Download or read book The Uses of Discretion written by Keith Hawkins and published by Oxford University Press on Demand. This book was released on 1994 with total page 431 pages. Available in PDF, EPUB and Kindle. Book excerpt: Discretion is a pervasive phenomenon in legal systems. It is of concern to lawyers because it can be a force for justice or injustice: at once a means of advancing the broad purposes of law and of subventing them. For social scientists the discretion exercised by legal actors is animportant form of decision-making behaviour, in which legal rules are merely one force in a field of pressures and constraints that push towards certain courses of action or inaction. This book presents a variety of analyses of legal discretion by lawyers and social scientists (drawn from bothsides of the Atlantic), who have made discretion and its uses a central part of their scholarly concerns.

Book A Matter of Interpretation

    Book Details:
  • Author : Antonin Scalia
  • Publisher : Princeton University Press
  • Release : 2018-01-30
  • ISBN : 0691174040
  • Pages : 197 pages

Download or read book A Matter of Interpretation written by Antonin Scalia and published by Princeton University Press. This book was released on 2018-01-30 with total page 197 pages. Available in PDF, EPUB and Kindle. Book excerpt: We are all familiar with the image of the immensely clever judge who discerns the best rule of common law for the case at hand. According to U.S. Supreme Court Justice Antonin Scalia, a judge like this can maneuver through earlier cases to achieve the desired aim—"distinguishing one prior case on his left, straight-arming another one on his right, high-stepping away from another precedent about to tackle him from the rear, until (bravo!) he reaches the goal—good law." But is this common-law mindset, which is appropriate in its place, suitable also in statutory and constitutional interpretation? In a witty and trenchant essay, Justice Scalia answers this question with a resounding negative. In exploring the neglected art of statutory interpretation, Scalia urges that judges resist the temptation to use legislative intention and legislative history. In his view, it is incompatible with democratic government to allow the meaning of a statute to be determined by what the judges think the lawgivers meant rather than by what the legislature actually promulgated. Eschewing the judicial lawmaking that is the essence of common law, judges should interpret statutes and regulations by focusing on the text itself. Scalia then extends this principle to constitutional law. He proposes that we abandon the notion of an everchanging Constitution and pay attention to the Constitution's original meaning. Although not subscribing to the “strict constructionism” that would prevent applying the Constitution to modern circumstances, Scalia emphatically rejects the idea that judges can properly “smuggle” in new rights or deny old rights by using the Due Process Clause, for instance. In fact, such judicial discretion might lead to the destruction of the Bill of Rights if a majority of the judges ever wished to reach that most undesirable of goals. This essay is followed by four commentaries by Professors Gordon Wood, Laurence Tribe, Mary Ann Glendon, and Ronald Dworkin, who engage Justice Scalia’s ideas about judicial interpretation from varying standpoints. In the spirit of debate, Justice Scalia responds to these critics. Featuring a new foreword that discusses Scalia’s impact, jurisprudence, and legacy, this witty and trenchant exchange illuminates the brilliance of one of the most influential legal minds of our time.

Book Discretionary Justice

Download or read book Discretionary Justice written by Kenneth Culp Davis and published by Baton Rouge : Louisiana State University Press. This book was released on 1969 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Book The President and Immigration Law

Download or read book The President and Immigration Law written by Adam B. Cox and published by Oxford University Press. This book was released on 2020-08-04 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: Who controls American immigration policy? The biggest immigration controversies of the last decade have all involved policies produced by the President policies such as President Obama's decision to protect Dreamers from deportation and President Trump's proclamation banning immigrants from several majority-Muslim nations. While critics of these policies have been separated by a vast ideological chasm, their broadsides have embodied the same widely shared belief: that Congress, not the President, ought to dictate who may come to the United States and who will be forced to leave. This belief is a myth. In The President and Immigration Law, Adam B. Cox and Cristina M. Rodríguez chronicle the untold story of how, over the course of two centuries, the President became our immigration policymaker-in-chief. Diving deep into the history of American immigration policy from founding-era disputes over deporting sympathizers with France to contemporary debates about asylum-seekers at the Southern border they show how migration crises, real or imagined, have empowered presidents. Far more importantly, they also uncover how the Executive's ordinary power to decide when to enforce the law, and against whom, has become an extraordinarily powerful vehicle for making immigration policy. This pathbreaking account helps us understand how the United States ?has come to run an enormous shadow immigration system-one in which nearly half of all noncitizens in the country are living in violation of the law. It also provides a blueprint for reform, one that accepts rather than laments the role the President plays in shaping the national community, while also outlining strategies to curb the abuse of law enforcement authority in immigration and beyond.

Book A Theory of Deference in Administrative Law

Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.

Book Administrative Law

Download or read book Administrative Law written by Mark Elliott and published by Oxford University Press. This book was released on 2017 with total page 857 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative Law Text and Materials combines carefully selected extracts from key cases, articles, and other sources with detailed commentary. Aimed at undergraduates studying administrative law, it provides comprehensive coverage of the subject and brings together in one volume the bestfeatures of a textbook and a casebook.Rather than simply presenting administrative law as a straightforward body of legal rules, this engaging, critical text considers the subject as an expression of underlying constitutional and other policy concerns, which fundamentally shape the relationship between the citizen and the state. Theresult is a fascinating account of a subject of crucial importance.Online Resource Centre:The book is supported by online an Online Resource Centre, offering the following useful resources:* Updates which cover all the legal developments since publication* "Oxford NewsNow" RSS feeds provide constantly refreshed links to the latest relevant new stories* Interactive timeline of key dates in British political history* Annotated web links

Book Administrative Ethics and Executive Decisions

Download or read book Administrative Ethics and Executive Decisions written by Chad B. Newswander and published by Routledge. This book was released on 2017-10-02 with total page 175 pages. Available in PDF, EPUB and Kindle. Book excerpt: As first responders to public problems, administrators must survey situations, identify solutions, and occasionally make executive decisions that are binding upon the government as a whole. The ability for administrators to assert claims that orient the government in a particular direction is not only powerful, but it can also be problematic and even dangerous. For administrators, the tension between moving in a spirited way, and remaining sensible, is a problem of how to exercise one’s discretion, especially in the U.S. context, which demands that both be considered and actualized. In dealing with these competing expectations, Chad B. Newswander analyzes how administrators can incorporate executive, legislative, and judicial tendencies to help them handle the problem of discretion. Expanding the thinking of the constitutional school of public administration thought, Administrative Ethics and Executive Decisions is a theoretically grounded and empirically rich study of how administrators incorporate a constitutional ethos to handle the problem of discretion.

Book Handled with Discretion

Download or read book Handled with Discretion written by John Kleinig and published by Rowman & Littlefield. This book was released on 1996 with total page 246 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of essays examines the nature of police discretion and its many varieties. The essays explore the kinds of judgment calls police officers frequently must make : When should they get involved? Whom should they watch? What constitutes a disturbance of the peace? What resources should be devoted to a situation? Does social welfare take precedence over law enforcement? Under what conditions, if any, may police officers engage in selective enforcement of the law? Each essay or pair of essays is followed by a response, presenting contradictory or supplementary views.

Book Immigration Outside the Law

    Book Details:
  • Author : Hiroshi Motomura
  • Publisher : Oxford University Press
  • Release : 2014-06-02
  • ISBN : 0199385300
  • Pages : 361 pages

Download or read book Immigration Outside the Law written by Hiroshi Motomura and published by Oxford University Press. This book was released on 2014-06-02 with total page 361 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1975, Texas adopted a law allowing school districts to bar children from public schools if they were in the United States unlawfully. The US Supreme Court responded in 1982 with a landmark decision, Plyler v. Doe, that kept open the schoolhouse doors, allowing these children to get the education that state law would have denied. The Court established a child's constitutional right to attend public elementary and secondary schools, regardless of immigration status. With Plyler, three questions emerged that have remained central to the national conversation about immigration outside the law: What does it mean to be in the country unlawfully? What is the role of state and local governments in dealing with unauthorized migration? Are unauthorized migrants "Americans in waiting?" Today, as the United States weighs immigration reform, debates over "illegal" or "undocumented" immigrants have become more polarized than ever. In Immigration Outside the Law, acclaimed immigration law expert Hiroshi Motomura, author of the award-winning Americans in Waiting, offers a framework for understanding why these debates are so contentious. In a reasoned, lucid, and careful discussion, he explains the history of unauthorized migration, the sources of current disagreements, and points the way toward durable answers. In his refreshingly fair-minded analysis, Motomura explains the complexities of immigration outside the law for students and scholars, policy-makers looking for constructive solutions, and anyone who cares about this contentious issue.