Download or read book Restoring the Lost Constitution written by Randy E. Barnett and published by Princeton University Press. This book was released on 2013-11-24 with total page 448 pages. Available in PDF, EPUB and Kindle. Book excerpt: The U.S. Constitution found in school textbooks and under glass in Washington is not the one enforced today by the Supreme Court. In Restoring the Lost Constitution, Randy Barnett argues that since the nation's founding, but especially since the 1930s, the courts have been cutting holes in the original Constitution and its amendments to eliminate the parts that protect liberty from the power of government. From the Commerce Clause, to the Necessary and Proper Clause, to the Ninth and Tenth Amendments, to the Privileges or Immunities Clause of the Fourteenth Amendment, the Supreme Court has rendered each of these provisions toothless. In the process, the written Constitution has been lost. Barnett establishes the original meaning of these lost clauses and offers a practical way to restore them to their central role in constraining government: adopting a "presumption of liberty" to give the benefit of the doubt to citizens when laws restrict their rightful exercises of liberty. He also provides a new, realistic and philosophically rigorous theory of constitutional legitimacy that justifies both interpreting the Constitution according to its original meaning and, where that meaning is vague or open-ended, construing it so as to better protect the rights retained by the people. As clearly argued as it is insightful and provocative, Restoring the Lost Constitution forcefully disputes the conventional wisdom, posing a powerful challenge to which others must now respond. This updated edition features an afterword with further reflections on individual popular sovereignty, originalist interpretation, judicial engagement, and the gravitational force that original meaning has exerted on the Supreme Court in several recent cases.

Download or read book Reproductive Genetics and the Law written by Sherman Elias and published by . This book was released on 1987 with total page 360 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Living Originalism written by Jack M. Balkin and published by Harvard University Press. This book was released on 2011-11-29 with total page 481 pages. Available in PDF, EPUB and Kindle. Book excerpt: Originalism and living constitutionalism, so often understood to be diametrically opposing views of our nation’s founding document, are not in conflict—they are compatible. So argues Jack Balkin, one of the leading constitutional scholars of our time, in this long-awaited book. Step by step, Balkin gracefully outlines a constitutional theory that demonstrates why modern conceptions of civil rights and civil liberties, and the modern state’s protection of national security, health, safety, and the environment, are fully consistent with the Constitution’s original meaning. And he shows how both liberals and conservatives, working through political parties and social movements, play important roles in the ongoing project of constitutional construction. By making firm rules but also deliberately incorporating flexible standards and abstract principles, the Constitution’s authors constructed a framework for politics on which later generations could build. Americans have taken up this task, producing institutions and doctrines that flesh out the Constitution’s text and principles. Balkin’s analysis offers a way past the angry polemics of our era, a deepened understanding of the Constitution that is at once originalist and living constitutionalist, and a vision that allows all Americans to reclaim the Constitution as their own.

Download or read book Data Privacy Law written by Paul M. Schwartz and published by MICHIE. This book was released on 1996 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt: Studies data privacy law in the USA in the light of the principles of the EC Directive on the Protection of Individuals with Regard to the Processing of Personal Data and on the Free Movement of Such Data (1995).

Download or read book Academic Legal Writing written by Eugene Volokh and published by . This book was released on 2003 with total page 228 pages. Available in PDF, EPUB and Kindle. Book excerpt: Resource added for the Paralegal program 101101.

Download or read book Public Health Law and Ethics written by Lawrence Ogalthorpe Gostin and published by Univ of California Press. This book was released on 2002 with total page 578 pages. Available in PDF, EPUB and Kindle. Book excerpt: A collection of articles and documents designed as a companion to Gostin's textbook, American Public Health Law.

Download or read book Tangled Up in Blue written by Rosa Brooks and published by Penguin. This book was released on 2021-02-09 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Named one of the best nonfiction books of the year by The Washington Post “Tangled Up in Blue is a wonderfully insightful book that provides a lens to critically analyze urban policing and a road map for how our most dispossessed citizens may better relate to those sworn to protect and serve.” —The Washington Post “Remarkable . . . Brooks has produced an engaging page-turner that also outlines many broadly applicable lessons and sensible policy reforms.” —Foreign Affairs Journalist and law professor Rosa Brooks goes beyond the "blue wall of silence" in this radical inside examination of American policing In her forties, with two children, a spouse, a dog, a mortgage, and a full-time job as a tenured law professor at Georgetown University, Rosa Brooks decided to become a cop. A liberal academic and journalist with an enduring interest in law's troubled relationship with violence, Brooks wanted the kind of insider experience that would help her understand how police officers make sense of their world—and whether that world can be changed. In 2015, against the advice of everyone she knew, she applied to become a sworn, armed reserve police officer with the Washington, DC, Metropolitan Police Department. Then as now, police violence was constantly in the news. The Black Lives Matter movement was gaining momentum, protests wracked America's cities, and each day brought more stories of cruel, corrupt cops, police violence, and the racial disparities that mar our criminal justice system. Lines were being drawn, and people were taking sides. But as Brooks made her way through the police academy and began work as a patrol officer in the poorest, most crime-ridden neighborhoods of the nation's capital, she found a reality far more complex than the headlines suggested. In Tangled Up in Blue, Brooks recounts her experiences inside the usually closed world of policing. From street shootings and domestic violence calls to the behind-the-scenes police work during Donald Trump's 2016 presidential inauguration, Brooks presents a revelatory account of what it's like inside the "blue wall of silence." She issues an urgent call for new laws and institutions, and argues that in a nation increasingly divided by race, class, ethnicity, geography, and ideology, a truly transformative approach to policing requires us to move beyond sound bites, slogans, and stereotypes. An explosive and groundbreaking investigation, Tangled Up in Blue complicates matters rather than simplifies them, and gives pause both to those who think police can do no wrong—and those who think they can do no right.

Download or read book Theories of Choice written by Stefan Grundmann and published by Oxford University Press. This book was released on 2021-01-14 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: Choice is a key concept of our time. It is a foundational mechanism for every legal order in societies that are, politically, constituted as democracies and, economically, built on the market mechanism. Thus, choice can be understood as an atomic structure that grounds core societal processes. In recent years, however, the debate over the right way to theorize choice - for example, as a rational or a behavioral type of decision making - has intensified. This collection provides an in-depth discussion of the promises and perils of specific types of theories of choice. It shows how the selection of a specific theory of choice can make a difference for concrete legal questions, in particular in the regulation of the digital economy or in choosing between market, firm, or network. In its first part, the volume provides an accessible overview of the current debates about rational versus behavioral approaches to theories of choice. The remainder of the book structures the vast landscape of theories of choice along with three main types: individual, collective, and organizational decision making. As theories of choice proliferate and become ever more sophisticated, however, the process of choosing an adequate theory of choice becomes increasingly intricate. This volume addresses this selection problem for the various legal arenas in which individual, organizational, and collective decisions matter. By drawing on economic, technological, political, and legal points of view, the volume shows which theories of choice are at the disposal of the legally relevant decision-maker, and how they can be operationalized for the solution of concrete legal problems. The editors acknowledge the kind support of the Fritz Thyssen Foundation for an exploratory conference on the subject of the book.

Download or read book A Guide to Critical Legal Studies written by Mark Kelman and published by Harvard University Press. This book was released on 1987 with total page 374 pages. Available in PDF, EPUB and Kindle. Book excerpt: Much writing in critical legal studies has been devoted to laying bare the contradictions in liberal thought. There have been attacks and counterattacks on the liberal position and on the more conservative law and economics position. Kelman demonstrates that any critique of law and economics is inextricably tied to a broader critique of liberalism.

Download or read book The Georgetown Law Journal written by and published by . This book was released on 1984 with total page 900 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Governance for Sustainable Development written by Rosalie Callway and published by Routledge. This book was released on 2013-06-17 with total page 237 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the process of globalization continues and power imbalances between decision-making institutions become increasingly apparent, the need for a critical assessment of the way in which we manage our interaction with the natural environment becomes ever more urgent. Good governance was identified at the World Summit on Sustainable Development as a critical factor for ensuring successful sustainable development. This book builds on the briefing papers that were presented at the Summit, taking further the discussions of the WEHAB agenda (Water, Energy, Health, Agriculture and food, and Biodiversity - the five international priority sectors highlighted by UN Secretary General Kofi Annan). This is a unique offering on the role and reform of global institutions and processes, raising issues that have previously been neglected in international discussions.

Download or read book Governing for Sustainable Urban Development written by Yvonne Rydin and published by Earthscan. This book was released on 2012 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: First Published in 2010. Routledge is an imprint of Taylor & Francis, an informa company.

Download or read book Competition is Killing Us written by Michelle Meagher and published by Penguin UK. This book was released on 2020-09-10 with total page 256 pages. Available in PDF, EPUB and Kindle. Book excerpt: We live in the age of big companies where rising levels of power are concentrated in the hands of a few. Yet no government or organisation has the power to regulate these titans and hold them to account. We need big companies to share their power and we, the people of the world, need to reclaim it. In Competition is Killing Us, top business and competition lawyer Michelle Meagher establishes a new framework to control capitalism from the inside in order to make it work for the many and not just the few. Meagher has spent years campaigning against these multi-billion and trillion dollar mammoths that dominate the market and prioritise shareholder profits over all else; leading to extreme wealth inequality, inhumane conditions for workers and relentless pressure on the environment. In this revolutionary book, she introduces her wholly-achievable alternative; a fair and comprehensive competition law that limits unfair mergers, enforces accountability and redistributes power through stakeholder governance.

Download or read book Handbook of Research on School Choice written by Mark Berends and published by Routledge. This book was released on 2009-05-07 with total page 649 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the early 1990s when the nation’s first charter school was opened in Minneapolis, the scope and availability of school-based options to parents has steadily expanded. No longer can public education be characterized as a monopoly. Sponsored by the National Center on School Choice (NCSC), this handbook makes readily available the most rigorous and policy-relevant research on K-12 school choice. Coverage includes charters, vouchers, home schooling, magnet schools, cyber schools, and other forms of choice, with the ultimate goal of defining the current state of this evolving field of research, policy, and practice. Key Features include: Comprehensive – this is the first book to provide a comprehensive review of what is known about the major forms of school choice from multiple perspectives: historical, political, economic, legal, methodological, and international. It also includes work on the governance, structure, process, effectiveness, and costs of school choice. Readable – the editors and authors have taken care to translate rigorous research findings into comprehensible prose accessible to a broad range of readers. International – in addition to thorough coverage of domestic research, the volume also draws on international and comparative studies of choice in foreign countries. Expertise – the National Center on School Choice (NCSC) is a consortium that is headquartered at Vanderbilt University and includes the following partners: Brookings Institution, Brown University, Harvard University, National Bureau of Economic Research, Northwest Evaluation Association, and Stanford University. This book is suitable for researchers, faculty and graduate students in education policy studies, politics of education, and social foundations of education. It should also be of interest to inservice administrators and policy makers.

Download or read book The Changing Postal Environment written by Pier Luigi Parcu and published by Springer Nature. This book was released on 2020-04-06 with total page 362 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book addresses major issues facing postal and delivery services throughout the world. Worldwide, there is currently a considerable amount of interest in postal and delivery economics. The industry is reacting to a state of near crisis and is implementing different drastic changes. The European Commission and member States are still wrestling with the problem of how to implement entry liberalization into postal markets, how to address digital competition, and how to maintain the Universal Service Obligation (USO). Digitalization, technological development and online platforms are strongly affecting both the way postal and delivery operators are managing their services, as well as their role on the market. Strong emphasis was attributed to the assets of Postal Operators (POs) and their added value in the digital age, as well as on new business strategies. This volume presents original essays by prominent researchers in the field, selected and edited from papers presented at the 27th Conference on Postal and Delivery Economics held in Dublin, Ireland, 22-25 May, 2019. Topics addressed by this volume include the fragmentation of the postal supply chain, blockchain and digital postal services, and the fading of traditional postal market boundaries. This book will be a useful tool not only for graduate students and professors, but also for postal administrations, consulting firms, and federal government departments.

Download or read book The Rule of Nobody Saving America from Dead Laws and Broken Government written by Philip K. Howard and published by W. W. Norton & Company. This book was released on 2014-04-14 with total page 168 pages. Available in PDF, EPUB and Kindle. Book excerpt: The secret to good government is a question no one in Washington is asking: “What’s the right thing to do?” What’s wrong in Washington is deeper than you think. Yes, there’s gridlock, polarization, and self-dealing. But hidden underneath is something bigger and more destructive. It’s a broken governing system. From that comes wasteful government, rising debt, failing schools, expensive health care, and economic hardship. Rules have replaced leadership in America. Bureaucracy, regulation, and outmoded law tie our hands and confine policy choices. Nobody asks, “What’s the right thing to do here?” Instead, they wonder, “What does the rule book say?” There’s a fatal flaw in America’s governing system—trying to decree correctness through rigid laws will never work. Public paralysis is the inevitable result of the steady accretion of detailed rules. America is now run by dead people—by political leaders from the past who enacted mandatory programs that churn ahead regardless of waste, irrelevance, or new priorities. America needs to radically simplify its operating system and give people—officials and citizens alike—the freedom to be practical. Rules can’t accomplish our goals. Only humans can get things done. In The Rule of Nobody Philip K. Howard argues for a return to the framers’ vision of public law—setting goals and boundaries, not dictating daily choices. This incendiary book explains how America went wrong and offers a guide for how to liberate human ingenuity to meet the challenges of this century.

Download or read book Comparative Law written by Mathias Siems and published by Law in Context. This book was released on 2018-04-12 with total page 531 pages. Available in PDF, EPUB and Kindle. Book excerpt: The most up-to-date and contextualised offering for comparative law students and scholars, referencing the newest research in the field.