Download or read book A State of Deference written by Susan Mosher Stuard and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
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.
Download or read book The Decline of Deference written by Neil Nevitte and published by Peterborough, Ont. : Broadview Press. This book was released on 1996-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Download or read book Judging at the Interface written by Esmé Shirlow and published by Cambridge University Press. This book was released on 2021-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Download or read book In Deference to the Other written by Jim Kanaris and published by State University of New York Press. This book was released on 2012-02-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Deference to the Other brings contemporary continental thought into conversation with that of Bernard Lonergan (1904–1984), the Jesuit philosopher and theologian. This is an opportune moment to open such a dialogue: philosophers and theologians indebted to Lonergan have increasingly found themselves challenged by the insights of thinkers typically dubbed "postmodern," while postmodernists, most notably Jacques Derrida, have begun to ask the "God question." While Lonergan was not a continental philosopher, neither was he an analytic philosopher. Concerned with both epistemology and cognition, his systematic and hermeneutic-like proposals resonate with the concerns of philosophers such as Derrida, Foucault, Levinas, and Kristeva. Contributors to this volume find insight and affiliation between Lonergan's thought and contemporary continental thought in a wide-ranging work that engages the philosophical problems of authenticity, self-appropriation, ethics, and the human subject.
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016-07-20 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
Download or read book Proportionality and Deference Under the UK Human Rights Act written by Alan D. P. Brady and published by Cambridge University Press. This book was released on 2012-05-03 with total page 311 pages. Available in PDF, EPUB and Kindle. Book excerpt: A rigorous analysis of the relationship between proportionality and deference under the Human Rights Act.
Download or read book The U S Press and Iran written by William A. Dorman and published by Univ of California Press. This book was released on 2023-04-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third World ally. The case of Iran offers a particularly rich view of these dynamics and suggests that the press is far from fulfilling the watchdog role assigned it in democratic theory and popular imagination. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988. No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third Worl
Download or read book The Ethics of Deference written by Philip Soper and published by Cambridge University Press. This book was released on 2002-10-24 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differs from standard approaches by focusing on the language of deference instead of obedience.
Download or read book Never Mind the Bosses written by Robin Ryde and published by John Wiley & Sons. This book was released on 2012-09-24 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, power, information and resources have moved from being concentrated in the hands of a few, to being disbursed across many. We need look no further than events on the world stage to see the heat signature of this – from the arrival of Wikileaks, the Arab Spring of 2011 and the Occupy movements, to the social media revolution and flashpoints such as the British Members of Parliament expenses scandal. All are examples of deep change occurring. This book is about what this means for the workplace and for management. The proposition offered here is that our organisations need to catch up, and that the “death of deference” that we are seeing elsewhere in society needs to be accelerated in the workplace. Systems of deference slow down organisational performance. Deference prevents organisations from learning. It stops them from being agile, innovative and ethical. Deference is the enemy of organisational success and it needs to be dismantled so that in its place we can build modern organisations with a new breed of managers and leaders. This book offers a solution to a problem that belongs in the last century, and a game plan for nothing short of a workplace revolution. "If deference is dead, this book is about the resurrection of the effective manager in a world where nothing is quite the way it used to be. Powerful and thought-provoking from start to finish." - Jeremy Vine, BBC Presenter and Author “Never Mind the Bosses is a refreshing type of management book, it advocates that deference to authority figures needs to go if we are to have engaged workforces.” - Cary L. Cooper, CBE, Distinguished Professor of Organizational Psychology and Health at Lancaster University Management School "An engaging and entertaining romp through the post punk world. By going beyond the boundaries of most business books, Ryde gives us all food for thought about how organisations are, or are not, dealing with a rapidly changing society and workforce." - Jo Owen, bestselling author of ‘How to Manage’ and 'How to Lead' “If you are looking for a book that will shake up your thinking about how to improve your organization’s performance – or worried that your competitors will find it first! – try this one.” - Professor Dutch Leonard, Harvard Business School & Harvard University's John F. Kennedy School of Government
Download or read book Reasons of State written by Alejo Carpentier and published by Melville House. This book was released on 2013-10-08 with total page 322 pages. Available in PDF, EPUB and Kindle. Book excerpt: One of the most significant novels in Latin American literature, written by Cuba's most important modern novelist—to win a bet with Gabriel Garcia Marquez. In the early 1970s, friends Gabriel García Márquez, Augusto Roa Bastos and Alejo Carpentier reached a joint decision: they would each write a novel about the dictatorships then wreaking misery in Latin America. García Márquez went on to write The Autumn of the Patriarch and Roa Bastos I, the Supreme. The third novel in this remarkable trinity is Reasons of State, hailed as the most significant novel ever to come out of Cuba. As with Garcia Marquez, Reasons of State is a bold story, boldly told --- daring in its perceptions, rich in lush detail, inventive in prose, and deadly compelling in its suspenseful plot. Inexplicably out of print for years, it tells the tale of the dictator of an unnamed Latin American country who has been living the life of luxury in high-society Paris. When news reaches him of a coup at home, he rushes back and crushes it with brutal military force. But returning to Paris he is given a chilly welcome, and learns that photographs of the atrocities have been circulating among his well-to-do friends. Meanwhile World War One has broken out, and another rebellion forces the dictator back across the ocean. As he struggles with the Marxist forces beginning to find footing in his own country, and Europe is devastated, Carpentier constructs a masterful and biting satire of the new world order.
Download or read book Proportionality and Deference in Investor State Arbitration written by Caroline Henckels and published by Cambridge University Press. This book was released on 2015-10-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
Download or read book Law s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 267 pages. Available in PDF, EPUB and Kindle. Book excerpt: Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.
Download or read book Law and Leviathan written by Cass R. Sunstein and published by Harvard University Press. This book was released on 2020-09-15 with total page 209 pages. Available in PDF, EPUB and Kindle. Book excerpt: From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never fail to make rules in the first place. They ensure transparency, so that people are made aware of the rules with which they must comply. They never abuse retroactivity, so that people can rely on current rules, which are not under constant threat of change. They make rules that are understandable and avoid issuing rules that contradict each other. These principles may seem simple, but they have a great deal of power. Already, without explicit enunciation, they limit the activities of administrative agencies every day. But we can aspire for better. In more robust form, these principles could address many of the concerns that have critics of the administrative state mourning what they see as the demise of the rule of law. The bureaucratic Leviathan may be an inescapable reality of complex modern democracies, but Sunstein and Vermeule show how we can at last make peace between those who accept its necessity and those who yearn for its downfall.
Download or read book Deference and Defiance in Monterrey written by Michael Snodgrass and published by Cambridge University Press. This book was released on 2003-06-02 with total page 234 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores how workers both perceived, responded to and helped shape the outcome of Mexico's revolution.