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Separation of Powers and Legislative Organization
by Gisela SinThis book examines how the constitutional requirements of the lawmaking process, combined with the factional divisions within parties, affect U. S. representatives' decisions about how to distribute power among themselves. The incorporation of the presidential, senatorial, and House factions in the analysis of House rule making marks an important departure from previous theories, which analyze the House as an institution that makes laws in isolation. This book argues that, by constitutional design, the success of the House in passing legislation is highly contingent on the actions of the Senate and the president; and therefore, also by constitutional design, House members must anticipate such actions when they design their rules. An examination of major rule changes from 1879 to 2013 finds that changes in the preferences of constitutional actors outside the House, as well as the political alignment of these political actors vis-. . . -vis House factions, are crucial for predicting the timing and directionality of rule changes.
The Separation of Powers in the Contemporary Constitution
by Roger MastermanRoger Masterman examines the dividing lines between the powers of the judicial branch of government and those of the executive and legislative branches in the light of two of the most significant constitutional reforms of recent years: the Human Rights Act (1998) and Constitutional Reform Act (2005). Both statutes have implications for the separation of powers within the United Kingdom constitution. The Human Rights Act brings the judges into much closer proximity with the decisions of political actors than previously permitted by the Wednesbury standard of review and the doctrine of parliamentary sovereignty, while the Constitutional Reform Act marks the emergence of an institutionally independent judicial branch. Taken together, the two legislative schemes form the backbone of a more comprehensive system of constitutional checks and balances policed by a judicial branch underpinned by the legitimacy of institutional independence.
SEPs, SSOs and FRAND: Asian and Global Perspectives on Fostering Innovation in Interconnectivity (Routledge Research in Intellectual Property)
by Kung-Chung Liu Reto M. HiltyThis book is a very useful reference guide on how de jure and de facto standards are being developed and how these standards compete against each other. The book also looks at how FRAND commitments are being determined across countries, how these disputes have played out, especially in Asia, and how they can be better dealt with in future globally. The book gives a broad overview of the business model of dominant SEP patentees and analyzes some standards for FRAND licensing of SEPs which are converging in major Asian jurisdictions. It highlights the need for ex ante regulation in the FRAND licensing of SEPs and suggests how we can reconcile conflicts which may arise from different legal standards. This book provides detailed and comprehensive analysis of recent SEP cases with an emphasis on Asia and will interest anyone who wishes to have more insight into the legal, policy, industrial and economic implications of such issues.
Septic Systems Handbook
by O. Benjamin KaplanSeptic Systems Handbook, Second Edition covers all aspects of such topics as septic tanks, perk tests, leachlines, and onsite disposal technologies. This handy reference is filled with numerous practical tips for troubleshooting and creative problem solving. The many appendices offer valuable information, including dealing effectively with bureaucr
The Sequence of Event Analysis in Criminal Trials
by Fabrizio D'Errico Maurizio Dalla CasaThis book presents a general method that lawyers, prosecutors and judges can follows to assess the quality and scientific content of technical work done for an accident and crime scene reconstruction. Using multilevel sequence of events analysis allows all key events to be fully identified, which in turn assists judicial bodies in identifying where to assign specific criminal liability. Created from a concept long sought by the two authors (an engineer and an attorney), the method allows readers without any technical background to progress from an examination of evidence gathered at the scene of a complex accident and to reconstruct "beyond reasonable doubt" the events that took place. Once created and scientifically verified by the sequence of events analysis, the chain of key events serves as a reference source for various levels of complex organizations and inter-organization structures in cases involving complex criminal responsibilities.
Serbian Paramilitaries and the Breakup of Yugoslavia: State Connections and Patterns of Violence (Contemporary Security Studies)
by Iva VukušićThis is the first book to offer a comprehensive analysis of the emergence, nature, and function of Serbian paramilitary units during the breakup of Yugoslavia. It addresses crucial questions pertaining to paramilitarism by using the archives of the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague, which conducted dozens of trials relating to paramilitary violence, and records from judicial proceedings in the region. The book discusses how and why certain important paramilitary units emerged, how they functioned and transformed through the decade, what their relationships and entanglements were with the state, the Milošević regime, and organized crime. The study thus investigates interrelated ideological, political, and social factors and processes fuelling paramilitary engagement and assesses the impact of this engagement on victims of paramilitary violence and on the state and society for which the units purportedly fought. It argues that coordinated action by a number of state institutions gave rise to paramilitaries tasked with altering borders while maintaining plausible deniability for the sponsoring regime. The outsourcing of violence by the state to paramilitaries led to a significant weakening of the very state these units and their sponsors swore to protect. The book also analyzes differences between the units and how they attacked civilians, arguing that the different forms of violence stemmed not only from the function they fulfilled for the state but also the ways in which they were set up and operated. The final chapter brings the different strands of the argument together into a coherent whole, suggesting avenues for further research, in the former Yugoslavia and beyond. This book will be of much interest to students of ethnic conflict and civil war, war crimes, Balkan politics and International Relations in general.
Serial Killers: Psychiatry, Criminology, Responsibility
by Francesca Biagi-ChaiFrancesca Biagi-Chai’s book - a translation from the French of Le Cas Landru - tackles the issue of criminal responsibility in the case of serial killers, and other 'mad' people who are nonetheless deemed to be answerable before the law. The author, a Lacanian psychoanalyst and senior psychiatrist in France, with extensive experience working in institutional settings, analyses the logic informing the crimes of famous serial killers. Addressing the Landru case (which was the inspiration for Chaplin's Monsieur Verdoux), as well as those of Pierre Rivière and Donato Bilancia, Biagi-Chai casts light on the confusion that pervades forensic psychiatry and criminal law as to the distinction between mental illness and ‘madness’. She then elaborates the consequences of her argument in a sustained critique of the insanity defence. The book includes a Foreword by the renowned psychoanalyst, Jacques-Alain Miller, and an introduction by the translators on the question of insanity before the law in the US and in the UK, which considers the pertinence of Biagi-Chai’s argument for forensic psychiatry, for criminal law, and for the increasing contemporary focus on the assessment of dangerousness and risk-management strategies in crime control practices.
Serial Violence: Analysis of Modus Operandi and Signature Characteristics of Killers (ISSN)
by Robert D. Keppel William J. BirnesLinking the murders of an alleged serial killer to successfully present a case in court involves a specific methodology that has been scrutinized by the judicial system but is largely absent in the current literature. Serial Violence: Analysis of Modus Operandi and Signature Characteristics of Killers fully explains the process of finding the nexus
Seriatim: The Supreme Court Before John Marshall
by Scott Douglas Gerber&“This absorbing collection of essay . . . goes far toward filling a void in the literature on the early justices of the world's most significant tribunal&” (Law and Politics Book Review). Seldom has American law seen a more towering figure than Chief Justice John Marshall. Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible—in fact necessary—to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this volume were specially commissioned for the book, each written by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.
Seriatim: The Supreme Court Before John Marshall
by John MarshallSeldom has American law seen a more towering figure than Chief Justice John Marshall. Indeed, Marshall is almost universally regarded as the "father of the Supreme Court" and "the jurist who started it all." Yet even while acknowledging the indelible stamp Marshall put on the Supreme Court, it is possible--in fact necessary--to examine the pre-Marshall Court, and its justices, to gain a true understanding of the origins of American constitutionalism. The ten essays in this tightly edited volume were especially commissioned for the book, each by the leading authority on his or her particular subject. They examine such influential justices as John Jay, John Rutledge, William Cushing, James Wilson, John Blair, James Iredell, William Paterson, Samuel Chase, Oliver Ellsworth, and Bushrod Washington. The result is a fascinating window onto the origins of the most powerful court in the world, and on American constitutionalism itself.
Serious International Crimes, Human Rights, and Forced Migration (Routledge Research in Asylum, Migration and Refugee Law)
by James C. SimeonThis volume elucidates and explores the interrelationships and direct causal connection between serious international crimes, serious breaches to fundamental human rights, and gross affronts to human dignity that lead to mass forced migration. Forced migration most often occurs in the context of protracted armed conflict of a noninternational nature where terrorism, fierce fighting, deep animosity, tit-for-tat retaliation, and “rapid dominance” doctrine all lead to the commission of atrocity crimes. Accordingly, this volume makes a valuable contribution to the literature and to the cause of trying to resolve mass forced displacement at its root cause, to explore the course that it takes, and how it might be prevented. The collection comprises original research by leading legal scholars and jurists focusing on the three central themes of serious international crimes, human rights, and forced migration. The work also includes a Foreword from Sir Howard Morrison, QC, former President of the Appeals Division of the International Criminal Court. The book will be a valuable resource for students, academics, researchers, and policymakers working in the areas of international law, migration, human rights, and international criminal law.
A Serious Way of Wondering
by Reynolds PriceWhen renowned novelist and poet Reynolds Price, one of Christianity's most eloquent outlaws, was invited to deliver the annual Peabody Lecture at Harvard University Memorial Church in 2001, he chose to explore a subject of fierce debate and timeless relevance: the ethics of Jesus. In two succeeding lectures at the National Cathedral and at Auburn Seminary, Price continued to explore the apparently contradictory ethics that Jesus articulates in the Gospels; and in a controversial act of artistic license, Price reimagined the historical Jesus. InA Serious Way of Wondering, Price expands these lectures to present Jesus with three problems of burning moral concern -- suicide, homosexuality, and the plight of women in male-dominated cultures and faiths. A sweeping view of the inescapable implications of Jesus' merciful life and all-embracing thought -- and of the benefits of enlarging our notions of humanity, community, and equality --A Serious Way of Wonderingis a significant contribution to Price's penetrating works of religious inquiry.
The Sermon on the Mount and Moral Theology: A Virtue Perspective
by Mattison William C. IIIIn this volume, William C. Mattison, III demonstrates that virtue ethics provides a helpful key for unlocking the moral wisdom of the Sermon on the Mount. Showing how familiar texts such as the Beatitudes and Petitions of the Lord's Prayer are more richly understood, and can even be aligned with the theological and cardinal virtues, he also locates in the Sermon classic topics in morality, such as the nature of happiness, intentionality, the intelligibility of human action, and the development of virtue. Yet far from merely placing the teaching of Aristotle in the mouth of Jesus, he demonstrates how the Sermon presents an account of happiness and virtue transformed in the light of Christian faith. The happiness portrayed is that of the Kingdom of heaven, and the habits needed to participate in it in the next life, but even initially in this one, are possible only by God's grace through Jesus Christ, and lived in the community that is the Church.
Serpent on the Rock
by Kurt EichenwaldA real-life thriller—the story of kickbacks and payoffs, of shady deals struck in secret with known felons; a story in which half a million people lose enormous sums—some their life’s savings—in the largest securities fraud of the 1980s, with names like Onassis and Bush numbered among the victims.
Serpico
by Peter MaasPeter Maas calls Serpico "the most significant project he has worked on in his 15 years as a writer." The saga of Frank Serpico's lonely fight against the corruptions of the New York City Police Department is as extraordinary as Maas implies.
The Servant as Leader
by Robert GreenleafThis is the essay that started it all. Powerful, poetic and practical. The Servant as Leader describes some of the characteristics and activities of servant-leaders, providing examples which show that individual efforts, inspired by vision and a servant ethic, can make a substantial difference in the quality of society. Greenleaf discusses the skills necessary to be a servant-leader; the importance of awareness, foresight and listening; and the contrasts between coercive, manipulative, and persuasive power. A must-read.
Servant-Leaders in Training: Foundations of the Philosophy of Servant-Leadership (Palgrave Studies in Workplace Spirituality and Fulfillment)
by John Henry HorsmanGuided by and complimenting the writings of Robert K. Greenleaf, this book aims to deepen, expand and extend the philosophy of servant-leadership. Proposing a grounding framework for the studies of leadership, training and development, the author suggests that servant-leadership is primarily based on the structures of human development. Emphasizing the notion of a developing servant-consciousness and explaining the composition of a servant-leader disposition, this book analyzes the way that leadership has evolved. The characteristics of a servant-leader are categorized into five primary capacities, each with a focus on holistic listening and path-finding foresight. Servant-leaders in Training is essential reading for scholars of organizational leadership and management, and those wishing to gain a deeper understanding of servant-leader philosophy more generally.
Servant Leadership, Social Entrepreneurship and the Will to Serve: Spiritual Foundations and Business Applications
by Luk Bouckaert Steven C. van den HeuvelThis book brings together a number of important essays on the intersection of servant leadership and social entrepreneurship, examining them through a shared focus on ‘the will to serve’. This combination bears out the insight that inspiring social and economic leaders are able to transform a conflictual human settlement into a collaborative and caring human community. The book seeks to answer the question of whether we can induce from their ‘way of doing things’ a model of civic entrepreneurship and leadership that can inspire people in profit, non-profit and public organizations. It also examines the extent to which the will to serve is compatible with the will to maximize profit or the will to gain economic, political or religious power. Furthermore, it asks how far different spiritual traditions create different models and examples of servant leadership and social entrepreneurship. This book will be of interest to researchers working in the fields of business ethics, business spirituality and corporate social responsibility.
Servants of the Damned: Giant Law Firms, Donald Trump, and the Corruption of Justice
by David EnrichNational Bestseller"A powerful and important picture of how mega law firms distort justice."—David Cay Johnston, Washington PostThe NYT's Business Investigations Editor reveals the dark side of American law: Delivering a "devastating" (Carol Leonnig) exposé of the astonishing yet shadowy power wielded by the world’s largest law firms, David Enrich traces how one firm shielded opioid makers, gun companies, big tobacco, Russian oligarchs, Fox News, the Catholic Church, and much of the Fortune 500; helped Donald Trump get elected, govern, and evade investigation; masterminded the conservative remaking of the courts . . . and make a killing along the way.In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of “Big Law” and the nearly unchecked influence these firms wield to shield the wealthy and powerful—and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world’s largest law firms. Jones Day’s narrative arc—founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics—is a powerful encapsulation of the changes that have swept the legal industry in recent decades.Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)—and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump’s Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election.But the Trump work is but one chapter in the firm’s checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world’s worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally.In this gripping and revealing new work of narrative nonfiction, Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves.
Service Automation in the Public Sector: Concepts, Empirical Examples and Challenges (Progress in IS)
by Gustaf Juell-Skielse Ida Lindgren Maria ÅkessonThis edited volume highlights the latest advances in and findings from research on service automation in public sector organizations. The contributing authors use a mix of social and technological approaches to increase readers’ understanding of public service automation. The respective chapters discuss the automation of services in public organizations from a conceptual standpoint, present empirical examples of automation applications in public organizations, and consider the implementation-related challenges that can arise. The book’s overall goal is to aid and inspire researchers and practitioners to expand their knowledge of service automation in public organizations, while also providing a foundation for policy development and future research. Following a brief introductory chapter, the book addresses major gaps in our current understanding of service automation in public organizations, and provides suggestions for future research. Moreover, it argues that there is a continued need to observe and learn from empirical examples, and a need for more critical studies on the social and societal consequences of increased service automation in public organizations.
Service Charges in Commercial Properties
by Michael YoungFirst Published in 1990. Routledge is an imprint of Taylor & Francis, an informa company.
Services Liberalization in the EU and the WTO
by Marcus KlamertBoth in WTO law and in EU law there is a dichotomy between liberalization based on market access and liberalization targeting domestic regulation. Consequently, both regimes share the problem of distinguishing national measures impairing market access and those that do not have such effect, as demonstrated in the debate on the Keck principles in EU law and the US - Gambling decision in WTO law. Moreover, both the EU and the WTO exempt certain categories of 'public' services under partly comparable and complex conditions. Specific to EU law are the legal issues that have arisen because of the recent adoption of the Services Directive, which has both amended EU services law and has led to a fragmentation of the rules applicable to different service sectors in the EU. A final chapter discusses possible approaches to regulation such as home state rule, host state rule and mutual recognition from a comparative perspective.
Services of General Economic Interest as a Constitutional Concept of EU Law
by Caroline WehlanderThis book offers a legal understanding regarding the core elements of SGEI (Services of General Interest), and of how the post-Lisbon constitutional framework on SGEI affects the application of the EU market rules by the EU Court of Justice, including procurement rules, to public services. It is built up of three parts, namely Part I: No Exit from EU Market Law for Public Services, Part II: SGEI as a Constitutional Voice for Public Services in EU Law, and Part III: The cost of loyalty, the relationship between EU procurement and state aid legislation on social services and the Treaty rules on SGEI, ending with a case study of Swedish systems of choice. Analyses are also provided on how the EU legislator engages in the Europeanisation of social services through EU procurement and state aid rules that have an ambiguous relationship to the Treaty framework on SGEI. Some explanation to this ambiguity is proposed by studying how the application of EU state aid rules could hinder the development of Swedish systems of choice liberalizing publicly-funded elderly care and school education. Included are propositions on crucial but yet unsettled legal questions, in particular what the legal meaning and relevance of the notion of economic activity in EU market law are and which core elements characterize SGEI. This book is therefore mainly aimed at legal academics and practitioners but may also be of interest to political scientists. Caroline Wehlander studied at Umeå University and holds the title of Doctor of Laws. She lives and works in Sweden.
Services of General Economic Interest in EU Competition Law: Striking a Balance Between Non-economic Values and Market Competition (Legal Issues of Services of General Interest)
by Lei ZhuThis book provides a comprehensive examination of the interaction between Services of General Economic Interest (SGEI) and EU competition law, covering in particular Article 106 of the Treaty on the Functioning of the European Union (TFEU) and state aid rules. It also takes the telecommunications, postal service and transport sectors as case studies, taking into account the technological, economic and political backgrounds to these sectors.The area of SGEI has undergone fundamental developments over the past three decades and the most recent changes in the Lisbon Treaty, recognizing SGEI as a shared value and granting explicit competence to the EU, mark its constitutional significance. The key issue is how to balance economic values underlying competitive markets and non-economic public service values such as universal access to essential services. The essence of the question is the relationship between the market and the state. This controversial issue is addressed through a critical analysis of a number of landmark EU Court judgments and Commission decisions over the decades.Offering a clear appreciation of the evolution of the EU regulatory framework on SGEI that lays out the limits and boundaries within which the Member States define, organize and fund SGEI, the book is particularly aimed at academics with a research interest in the interaction between public services and EU competition law, but as it also demonstrates clearly how the application of EU competition law has transformed the public utilities sectors, it will be of interest to law makers, legal professionals and policy makers as well.Dr. Lei Zhu is a Research Associate at the Institute of International Law at Wuhan University in Wuhan, China. He studied at the Institute for Competition & Procurement Studies of the Bangor University Law School in Wales, United Kingdom, where he obtained his PhD in law in 2015.
Services of General Interest Beyond the Single Market
by Markus KrajewskiThis is the first book ever to assess comprehensively the impact of EU international agreements on services of general interest. Services of general interest remain high on the political and legal agenda of the European Union. However, the debates about the impact of EU law on services of general interest usually focus on internal market law such as the free movement of services, competition law, state aid rules and the law of public procurement. The external and international dimensions of the European legal framework for services of general interest are often overlooked. This book addresses the impact of international trade and investment agreements on public services and the role these services play in EU external relations. It shows that the inherent tension between establishing and securing undistorted competition on markets and the logic of public services exists in international economic law in a similar way as in EU internal law. Given the contentiousness of international trade and investment agreements as well as the EU's external policies, the issues discussed in this volume are timely and relevant and contribute to the ongoing debate about the future of services of general interest in the EU with fresh ideas and perspectives. Markus Krajewski is Professor of Public and International Law at the University of Erlangen-Nuremberg, Germany.