Download or read book Federalism and the Tug of War Within written by Erin Ryan and published by Oxford University Press, USA. This book was released on 2011 with total page 429 pages. Available in PDF, EPUB and Kindle. Book excerpt: As environmental, national security, and technological challenges push American law into ever more inter-jurisdictional territory, this book proposes a model of 'Balanced Federalism' that mediates between competing federalism values and provides greater guidance for regulatory decision-making.
Download or read book Rationing the Constitution written by Andrew Coan and published by Harvard University Press. This book was released on 2019-04-29 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this groundbreaking analysis of Supreme Court decision-making, Andrew Coan explains how judicial caseload shapes the course of American constitutional law and the role of the Court in American society. Compared with the vast machinery surrounding Congress and the president, the Supreme Court is a tiny institution that can resolve only a small fraction of the constitutional issues that arise in any given year. Rationing the Constitution shows that this simple yet frequently ignored fact is essential to understanding how the Supreme Court makes constitutional law. Due to the structural organization of the judiciary and certain widely shared professional norms, the capacity of the Supreme Court to review lower-court decisions is severely limited. From this fact, Andrew Coan develops a novel and arresting theory of Supreme Court decision-making. In deciding cases, the Court must not invite more litigation than it can handle. On many of the most important constitutional questions—touching on federalism, the separation of powers, and individual rights—this constraint creates a strong pressure to adopt hard-edged categorical rules, or defer to the political process, or both. The implications for U.S. constitutional law are profound. Lawyers, academics, and social activists pursuing social reform through the courts must consider whether their goals can be accomplished within the constraints of judicial capacity. Often the answer will be no. The limits of judicial capacity also substantially constrain the Court’s much touted—and frequently lamented—power to overrule democratic majorities. As Rationing the Constitution demonstrates, the Supreme Court is David, not Goliath.
Download or read book Decentralization Regional Diversity and Conflict written by Hanna Shelest and published by Springer Nature. This book was released on 2020-07-28 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt: This edited volume focuses on the links between the ongoing crisis in and around Ukraine, regional diversity, and the reform of decentralization. It provides in-depth insights into the historical constitution of regional diversity and the evolution of center-periphery relationships in Ukraine, the legal qualification of the conflict in Eastern Ukraine, and the role of the decentralization reform in promoting conflict resolution, as well as modernization, democratization and European integration of Ukraine. Particular emphasis lies on the securitization of both regional diversity issues and territorial self-government arrangements in terms of Russia’s support for self-proclaimed Donetsk and Luhansk People’s Republics. The volume captures the complexity of contemporary “hybrid” conflicts, involving both internal and external aspects, and the hybridization and securitization of territorial self-governance solutions. It thus provides an important contribution to the debate on territorial self-government and conflict resolution.
Download or read book American Government 3e written by Glen Krutz and published by . This book was released on 2023-05-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Black & white print. American Government 3e aligns with the topics and objectives of many government courses. Faculty involved in the project have endeavored to make government workings, issues, debates, and impacts meaningful and memorable to students while maintaining the conceptual coverage and rigor inherent in the subject. With this objective in mind, the content of this textbook has been developed and arranged to provide a logical progression from the fundamental principles of institutional design at the founding, to avenues of political participation, to thorough coverage of the political structures that constitute American government. The book builds upon what students have already learned and emphasizes connections between topics as well as between theory and applications. The goal of each section is to enable students not just to recognize concepts, but to work with them in ways that will be useful in later courses, future careers, and as engaged citizens. In order to help students understand the ways that government, society, and individuals interconnect, the revision includes more examples and details regarding the lived experiences of diverse groups and communities within the United States. The authors and reviewers sought to strike a balance between confronting the negative and harmful elements of American government, history, and current events, while demonstrating progress in overcoming them. In doing so, the approach seeks to provide instructors with ample opportunities to open discussions, extend and update concepts, and drive deeper engagement.
Download or read book Measuring Regional Authority written by Liesbet Hooghe and published by Oxford University Press. This book was released on 2016-01-28 with total page 708 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the first of five ambitious volumes theorizing the structure of governance above and below the central state. This book is written for those interested in the character, causes, and consequences of governance within the state and for social scientists who take measurement seriously. The book sets out a measure of regional authority for 81 countries in North America, Europe, Latin America, Asia, and the Pacific from 1950 to 2010. Subnational authority is exercised by individual regions, and this measure is the first that takes individual regions as the unit of analysis. On the premise that transparency is a fundamental virtue in measurement, the authors chart a new path in laying out their theoretical, conceptual, and scoring decisions before the reader. The book also provides summaries of regional governance in 81 countries for scholars and students alike. Transformations in Governance is a major new academic book series from Oxford University Press. It is designed to accommodate the impressive growth of research in comparative politics, international relations, public policy, federalism, environmental and urban studies concerned with the dispersion of authority from central states up to supranational institutions, down to subnational governments, and side-ways to public-private networks. It brings together work that significantly advances our understanding of the organization, causes, and consequences of multilevel and complex governance. The series is selective, containing annually a small number of books of exceptionally high quality by leading and emerging scholars. The series targets mainly single-authored or co-authored work, but it is pluralistic in terms of disciplinary specialization, research design, method, and geographical scope. Case studies as well as comparative studies, historical as well as contemporary studies, and studies with a national, regional, or international focus are all central to its aims. Authors use qualitative, quantitative, formal modeling, or mixed methods. A trade mark of the books is that they combine scholarly rigour with readable prose and an attractive production style. The series is edited by Liesbet Hooghe and Gary Marks of the University of North Carolina, Chapel Hill, and the VU Amsterdam, and Walter Mattli of the University of Oxford.
Download or read book American Federal Systems and COVID 19 written by B. Guy Peters and published by Emerald Group Publishing. This book was released on 2021-10-04 with total page 137 pages. Available in PDF, EPUB and Kindle. Book excerpt: American Federal Systems and COVID-19 analyzes five American federations – Argentina, Brazil, Canada, Mexico, and United States – and how they have responded to a complex intergovernmental problem (CIP) such as the COVID-19 pandemic.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by . This book was released on 2020 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Abstract Global legal pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the twenty-first century"--
Download or read book Peopling the North American City written by Sherry Olson and published by McGill-Queen's Press - MQUP. This book was released on 2011-06-22 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Benefiting from Montreal's remarkable archival records, Sherry Olson and Patricia Thornton use an ingenious sampling of twelve surnames to track the comings and goings, births, deaths, and marriages of the city's inhabitants. The book demonstrates the importance of individual decisions by outlining the circumstances in which people decided where to move, when to marry, and what work to do. Integrating social and spatial analysis, the authors provide insights into the relationships among the city's three cultural communities, show how inequalities of voice, purchasing power, and access to real property were maintained, and provide first-hand evidence of the impact of city living and poverty on families, health, and futures. The findings challenge presumptions about the cultural "assimilation" of migrants as well as our understanding of urban life in nineteenth-century North America. The culmination of twenty-five years of work, Peopling the North American City is an illuminating look at the humanity of cities and the elements that determine whether their citizens will thrive or merely survive.
Download or read book Indian Federalism written by Louise Tillin and published by Oxford University Press. This book was released on 2019-05-04 with total page 131 pages. Available in PDF, EPUB and Kindle. Book excerpt: To understand how politics, the economy, and public policy function in the world’s largest democracy, an appreciation of federalism is essential. Bringing to surface the complex dimensions that affect relations between India’s central government and states, this short introduction is the one-stop account to federalism in India. Paying attention to the constitutional, political, and economic factors that shape Centre–state relations, this book stimulates understanding of some of the big dilemmas facing India today. The ability of India’s central government to set the economic agenda or secure implementation of national policies throughout the country depends on the institutions and practices of federalism. Similarly, the ability of India’s states to contribute to national policy making or to define their own policy agendas that speak to local priorities all hinge on questions of federalism. Organised in four chapters, this book introduces readers to one of the key living features of Indian democracy.
Download or read book Making Brazil Work written by M. Melo and published by Springer. This book was released on 2013-08-20 with total page 341 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book offers the first conceptually rigorous analysis of the political and institutional underpinnings of Brazil's recent rise. Using Brazil as a case study in multiparty presidentialism, the authors argue that Brazil's success stems from the combination of a constitutionally strong president and a robust system of checks and balances.
Download or read book In Search of the Federal Spirit written by Michael Burgess and published by Oxford University Press (UK). This book was released on 2012-12-20 with total page 356 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Search of the Federal Spirit is a major new examination of the theory and practice of federal state formation in the post-Cold War era. It introduces the concept of the federal spirit as a means of exploring the emergence of a range of new political models.
Download or read book The Oxford Handbook of Global Legal Pluralism written by Paul Schiff Berman and published by Oxford University Press. This book was released on 2020-06-01 with total page 1133 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the past two decades Global Legal Pluralism has become one of the leading analytical frameworks for understanding and conceptualizing law in the 21st century. Wherever one looks, there is conflict among multiple legal regimes. Some of these regimes are state-based, some are built and maintained by non-state actors, some fall within the purview of local authorities and jurisdictional entities, and some involve international courts, tribunals, and arbitral bodies, and regulatory organizations. Global Legal Pluralism has provided, first and foremost, a set of useful analytical tools for describing this conflict among legal and quasi-legal systems. At the same time, some pluralists have also ventured in a more normative direction, suggesting that legal systems might sometimes purposely create legal procedures, institutions, and practices that encourage interaction among multiple communities. These scholars argue that pluralist approaches can help foster more shared participation in the practices of law, more dialogue across difference, and more respect for diversity without requiring assimilation and uniformity. Despite the veritable explosion of scholarly work on legal pluralism, conflicts of law, soft law, global constitutionalism, the relationships among relative authorities, transnational migration, and the fragmentation and reinforcement of territorial boundaries, no single work has sought to bring together these various scholarly strands, place them into dialogue with each other, or connect them with the foundational legal pluralism research produced by historians, anthropologists, and political theorists. Paul Schiff Berman, one of the world's leading theorists of Global Legal Pluralism, has gathered over 40 diverse authors from multiple countries and multiple scholarly disciplines to touch on nearly every area of legal pluralism research, offering defenses, critiques, and applications of legal pluralism to 21st-century legal analysis. Berman also provides introductions to every part of the book, helping to frame the various approaches and perspectives. The result is the first comprehensive review of Global Legal Pluralism scholarship ever produced. This book will be a must-have for scholars and students seeking to understand the insights of legal pluralism to contemporary debates about law. At the same time, this volume will help energize and engage the field of Global Legal Pluralism and push this scholarly trajectory forward into another two decades of innovation.
Download or read book Bayonets in Paradise written by Harry N. Scheiber and published by University of Hawaii Press. This book was released on 2016-02-29 with total page 513 pages. Available in PDF, EPUB and Kindle. Book excerpt: Selected as a 2017 CHOICE Outstanding Academic Title Bayonets in Paradise recounts the extraordinary story of how the army imposed rigid and absolute control on the total population of Hawaii during World War II. Declared immediately after the Pearl Harbor attack, martial law was all-inclusive, bringing under army rule every aspect of the Territory of Hawaii's laws and governmental institutions. Even the judiciary was placed under direct subservience to the military authorities. The result was a protracted crisis in civil liberties, as the army subjected more than 400,000 civilians—citizens and alien residents alike—to sweeping, intrusive social and economic regulations and to enforcement of army orders in provost courts with no semblance of due process. In addition, the army enforced special regulations against Hawaii's large population of Japanese ancestry; thousands of Japanese Americans were investigated, hundreds were arrested, and some 2,000 were incarcerated. In marked contrast to the well-known policy of the mass removals on the West Coast, however, Hawaii's policy was one of "selective," albeit preventive, detention. Army rule in Hawaii lasted until late 1944—making it the longest period in which an American civilian population has ever been governed under martial law. The army brass invoked the imperatives of security and "military necessity" to perpetuate its regime of censorship, curfews, forced work assignments, and arbitrary "justice" in the military courts. Broadly accepted at first, these policies led in time to dramatic clashes over the wisdom and constitutionality of martial law, involving the president, his top Cabinet officials, and the military. The authors also provide a rich analysis of the legal challenges to martial law that culminated in Duncan v. Kahanamoku, a remarkable case in which the U.S. Supreme Court finally heard argument on the martial law regime—and ruled in 1946 that provost court justice and the military's usurpation of the civilian government had been illegal. Based largely on archival sources, this comprehensive, authoritative study places the long-neglected and largely unknown history of martial law in Hawaii in the larger context of America's ongoing struggle between the defense of constitutional liberties and the exercise of emergency powers.
Download or read book Federalism written by Mark J. Rozell and published by Oxford University Press. This book was released on 2019-11-01 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Early Americans were suspicious of centralized authority and executive power. Casting away the yoke of England and its king, the founding fathers shared in this distrust as they set out to pen the Constitution. Weighing a need for consolidated leadership with a demand for states' rights, they established a large federal republic with limited dominion over the states, leaving most of the governing responsibility with the former colonies. With this dual system of federalism, the national government held the powers of war, taxation, and commerce, and the ability to pass the laws necessary to uphold these functions. Although the federal role has grown substantially since then, states and local governments continue to perform most of the duties in civil and criminal law, business and professional licensing, the management of infrastructure and public services: roads, schools, libraries, sanitation, land use and development, and etc. Despite the critical roles of state and local governments, there is little awareness-or understanding-of the nature and operations of the federal system. This Very Short Introduction provides a concise overview of federalism, from its origins and evolution to the key events and constitutional decisions that have defined its framework. Although the primary focus is on the United States, other federal systems, including Brazil, Canada, India, Germany, Russia, South Africa, Switzerland, and the EU, are addressed.
Download or read book Iraqi Federalism and the Kurds written by Alex Danilovich and published by Routledge. This book was released on 2016-05-06 with total page 194 pages. Available in PDF, EPUB and Kindle. Book excerpt: Iraq today faces a whole gamut of problems associated with post-war recovery and state-rebuilding compounded by age old mistrust and suspicion. The situation in Iraq resembles a huge experiment in which social scientists can observe the consequences of actions taken across an entire country. Can Western ideas take route and flourish in non-western societies? Can constitutionalism take hold and work in a traditional religious and deeply divided society? Is Iraqi federalism a solution to the country’s severe disunity or a temporary fix? Iraqi Federalism and the Kurds: Learning to Live Together addresses these important questions and focuses on the role of federalism as a viable solution to Iraq's many problems and the efforts the Kurdish government has deployed to adjust to new federal relations that entail not only gains, but also concessions and compromises. The author's direct experience of living and working within this embattled country allows a unique reflection on the successes and failures of federalism and the positive developments the introduction of federal relationships have brought.
Download or read book Understanding Federalism and Federation written by Alain-G. Gagnon and published by Routledge. This book was released on 2016-03-09 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a variety of contemporary debates on federal theory Understanding Federalism and Federation honours Michael Burgess’ contribution to the study of these topics through a selection of approaches, theories, debates and interpretations. Gathering contributors from diverse subfields to synthesize current debates it offers a snapshot of the immense range of current research on federalism and federation. Leading authors debate key issues such as American federalism, Canada and the role of Quebec, the latest insights into comparative federalism and federation, the European Union as a federal project and the analysis of constitutional courts in federal systems. Different theoretical and empirical fields and perspectives are brought together, synthesizing major findings and addressing emerging issues and these topics are analysed through multiple lenses to provide new insights, original approaches and much-needed theoretical and empirical data on federalism and federation.
Download or read book Law and Recovery From Disaster Hurricane Katrina written by Robin Paul Malloy and published by Routledge. This book was released on 2016-12-05 with total page 373 pages. Available in PDF, EPUB and Kindle. Book excerpt: In August of 2005, Hurricane Katrina hit the Gulf Coast of the United States, directly affecting 1.5 million people. Only one year earlier, an Indian Ocean tsunami struck Indonesia, destroying or damaging more than 370,000 homes. As forces of nature, hurricanes, tsunamis, earthquakes and floods are not limited to occurrences in any one community or any one country. In Law and Recovery from Disaster: Hurricane Katrina, attention is focused on the ability of law and legal institutions to not only survive such disasters but to effectively facilitate recovery. Using Hurricane Katrina as a lens, contributors address a wide range of issues of interest to people concerned about property law, disaster preparedness, housing, insurance, small business recovery, land use planning and the needs of people with disabilities. While Hurricane Katrina is the focal point for discussion, the lessons learned are readily applicable to a variety of disaster situations in a wide range of global settings.
