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The Politically Incorrect Guide to the Supreme Court (The Politically Incorrect Guides)
by John Yoo Robert J. DelahuntyJustice in the Balance Alexander Hamilton famously predicted that the judiciary would be "the least dangerous" branch of government. How's that working out? The Supreme Court stands as arbiter over a country increasingly unable to govern itself. Americans can't agree on the meaning of the Constitution or even the rule of law. Are the nine high priests enthroned in their marble temple the saviors of the Republic or the pallbearers of democracy? Are they defenders of the Constitution as written or super-legislators who make law from the bench? What did the Founders envision when they vested the "judicial Power" in "one supreme Court"? John Yoo, a professor of law at UC Berkeley, and Robert J. Delahunty, a fellow at the Claremont Institute Center for the American Way of Life, provide the answers with an incisive reading of the law and constitutional history. The Politically Incorrect Guide to the Supreme Court explains: The turbulent history of the court's early years, and the eventual triumph of "judicial supremacy" The Bill of Rights: how the Court has defined free speech, freedom of religion, and the right to bear arms The Court's notorious rulings and how they were overturned—from Dred Scott to Roe v. Wade Why "court-packing" is a constant temptation for Democratic presidents The Supreme Court's best and worst justices—and what qualities distinguished them The future of the Supreme Court: Will it be the rubber stamp of corrupt administrations or the ultimate watchdog protecting our nation's liberties? The Politically Incorrect Guide to the Supreme Court offers a penetrating and irreverent account of the justices—ideologues and cowards, geniuses and mediocrities, all of them thoroughly human—and a fascinating analysis of a Court that has swung like a pendulum from preserving the Republic to undermining government by the people and back to defending the Constitution. Sprightly, informative, and powerfully argued, this book is guaranteed to give the reader a deeper understanding of America's most powerful judicial body.
The Politician: An Insider's Account of John Edwards's Pursuit of the Presidency and the Scandal That Brought Him Down
by Andrew Young"The Politician" offers a look at the trajectory which made John Edwards the ideal Democratic candidate for president, and the hubris which brought him down, leaving his career, his marriage, and his dreams in ashes.
The Politicization of Safety: Critical Perspectives on Domestic Violence Responses (Families, Law, and Society #10)
by Jane K. StoeverA look at gun control, campus sexual assault, immigration, and more that considers the future of responses to domestic violence Domestic violence is commonly assumed to be a bipartisan, nonpolitical issue, with politicians of all stripes claiming to work to end family violence. Nevertheless, the Violence Against Women Act expired for over 500 days between 2012 and 2013 due to differences between the U.S. Senate and House, demonstrating that legal protections for domestic abuse survivors are both highly political and highly vulnerable. Racial and gender politics, the move toward criminalization, reproductive justice concerns, gun control debates, and political interests are increasingly shaping responses to domestic violence, demonstrating the need for greater consideration of the interplay of politics, domestic violence, and how the law works in people’s lives. The Politicization of Safety provides a critical historical perspective on domestic violence responses in the United States. It grapples with the ways in which child welfare systems and civil and criminal justice responses intersect, and considers the different, overlapping ways in which survivors of domestic abuse are forced to cope with institutionalized discrimination based on race, gender, sexual orientation, and immigration status. The book also examines movement politics and the feminist movement with respect to domestic violence policies. The tensions discussed in this book, similar to those involved in the #metoo movement, include questions of accountability, reckoning, redemption, healing, and forgiveness. What is the future of feminism and the movements against gender-based violence and domestic violence? Readers are invited to question assumptions about how society and the legal system respond to intimate partner violence and to challenge the domestic violence field to move beyond old paradigms and contend with larger justice issues.
The Politico-Legal Dynamics of Judicial Review: A Comparative Analysis (Comparative Constitutional Law and Policy)
by Theunis RouxComparative scholarship on judicial review has paid a lot of attention to the causal impact of politics on judicial decision-making. However, the slower-moving, macro-social process through which judicial review influences societal conceptions of the law/politics relation is less well understood. Drawing on the political science literature on institutional change, The Politico-Legal Dynamics of Judicial Review tests a typological theory of the evolution of judicial review regimes - complexes of legitimating ideas about the law/politics relation. The theory posits that such regimes tend to conform to one of four main types - democratic or authoritarian legalism, or democratic or authoritarian instrumentalism. Through case studies of Australia, India, and Zimbabwe and a comparative chapter analyzing ten additional societies, the book then explores how actually-existing judicial review regimes transition between these types. This process of ideational development, Roux concludes, is distinct both from the everyday business of constitutional politics and changes to the formal constitution.
The Politics Of Animal Experimentation
by Dan LyonsThe reality of animal experimentation and its regulation in Britain have been hidden behind a curtain of secrecy since its emergence as a political controversy in the 1870s. Public debate and political science alike have been severely hampered by a profound lack of reliable information about the practice. In this remarkable study, Dan Lyons advances and applies policy network analysis to investigate the evolution of British animal research policy-making.
The Politics Of Law: A Progressive Critique, Third Edition
by David KairysThe Politics of Law is the most widely read critique of the nature and role of the law in American society. This revised edition continues the book’s concrete focus on the major subjects and fields of law. New essays on emerging fields and the latest trends and cases have been added to updated versions of the now-classic essays from earlier editions. A unique assortment of leading scholars and practitioners in law and related disciplines-political science, economics, sociology, criminology, history, and literature-raise basic questions about law, challenging long-held ideals like the separation of law from politics, economics, religion, and culture. They address such issues contextually and with a keen historical perspective as they explain and critique the law in a broad range of areas. This third edition contains essays on all of the subjects covered in the first year of law school while continuing the book’s tradition of accessibility to non-law-trained readers. Insightful and powerful, The Politics of Law makes sense of the debates about judicial restraint and the range of legal controversies so central to American public life and culture.
The Politics and Crisis Management of Animal Health Security
by John ConnollyThe Politics and Crisis Management of Animal Health Security addresses the 2001 foot and mouth epidemic in the United Kingdom - one of, if not the, most significant crises ever to face the UK farming industry. Underpinned by interviews with politicians and bureaucrats and with significant primary documentary analysis the book shows that the crisis was a critical juncture in how disease outbreaks have been planned and managed ever since. The author explores how this event affected policy and governance arrangements for managing subsequent disease-induced threats (such as avian influenza and bovine TB) and concludes by considering the ’temporality’ of lesson learning by the UK government including the current and future challenges associated with managing incongruent risks (e.g., flood protection, swine flu and Ebola). This book provides students of public policy and administration with a significant illustration of how key concepts and analytical lenses from public policy can be applied to the study of the contours of practical policy change.
The Politics and Ethics of Evaluation (Routledge Revivals)
by Clem AdelmanFirst published in 1984, The Politics and Ethics of Evaluation considers, from the vantage point of the authors’ considerable experience of a wide range of evaluation, the ways in which they, and others, have coped with ethical and political problems that inherently arise during the evaluation process, particularly that of the responsive or democratic type. It looks at the evaluator’s claim to independence and how this is qualified by his relationship to his subject and to various other audiences.The ethical and political problems of evaluation are discussed from the different perspectives of moral philosophy, sociology, the politics of organisations, curriculum development, and institutional evaluation. Also included is a chapter detailing English law and legal judgements pertaining to qualified privilege, libel and defamation of character. Guidelines for conducting independent evaluation conclude the volume. This book will be of interest to students and researchers of higher education, curriculum studies and ethics.
The Politics and Law of Democratic Transition: Caretaker Government in Bangladesh
by Sonia Zaman KhanPeaceful legal and political ‘changing of the guards’ is taken for granted in developed democracies, but is not evident everywhere. As a relatively new democracy, marred by long periods of military rule, Bangladesh has been encountering serious problems because of a prevailing culture of mistrust, weak governance institutions, constant election manipulation and a peculiar socio-political history, which between 1990 and 2011 led to a unique form of transitional remedy in the form of an unelected neutral ‘caretaker covernment’ (CTG) during electoral transitions. This book provides a contextual analysis of the CTG mechanism including its inception, operation, manipulation by the government of the day and abrupt demise. It queries whether this constitutional provision, even if presently abolished after overseeing four acceptable general elections, actually remains a crucial tool to safeguard free and fair elections in Bangladesh. Given the backdrop of the culture of mistrust, the author examines whether holding national elections without a CTG, or an umpire of some kind, can settle the issue of credibility of a given government. The book portrays that even the management of elections is a matter of applying pluralist approaches. Considering the historical legacy and contemporary political trajectory of Bangladesh, the cause of deep-rooted mistrust is examined to better understand the rationale for the requirement, emergence and workings of the CTG structure. The book unveils that it is not only the lack of nation-building measures and governments’ wish to remain in power at any cost which lay behind the problems that Bangladesh faces today. Part of the problem is also the flawed logic of nation-building on the foundation of Western democratic norms which may be unsuitable in a South Asian cultural environment. Although democratic transitions, on the crutch of the CTG, have been useful in moments of crisis, its abolition creates the need for a new or revised transitional modality – perhaps akin to the CTG ethos – to oversee electoral governance, which will have to be renegotiated by the polity based on the people’s will. The book provides a valuable resource for researchers and academics working in the area of constitutional law, democratic transition, legal pluralism and election law.
The Politics and Perils of Space Exploration: Who Will Compete, Who Will Dominate? (Springer Praxis Books)
by Linda DawsonThis book examines the U.S. space program’s triumphs and failures in order to assess what constitutes a successful space policy. Using NASA and the space industry’s complex history as a guide, it draws global lessons about space missions and the trends we can expect from different nations in the next decade and beyond. Space exploration has become increasingly dependent on cooperation between countries as well as the involvement of private enterprise. This book thus addresses issues such as: Given their tenuous history, can rival countries work together? Can private enterprise fill NASA’s shoes and provide the same expertise and safety standards? Written by a former NASA Aerodynamics Officer at Houston Mission Control working on the Space Shuttle program, the second edition of this book provides updated information on U.S. space policy, including the new strategy to return to the Moon prior to traveling to Mars. Additionally, it takes a look at the formation of the Space Force as a military unit, as well as the latest developments in private industry. Overall, it is a thought-provoking resource for both space industry professionals and space enthusiasts.
The Politics and Policies of European Economic Integration, 1850–1914 (Palgrave Studies in Economic History)
by Yaman Kouli Léonard LaborieThis book asks anew whether there really was European integration before 1914. By focussing on quantitative (economic indicators) and qualitative data (the international regulation of patents, communication networks, social policy and plant protection), the authors re-evaluate European integration of the time and address the politics of seemingly apolitical cooperation. The authors show that European integration was multifaceted and cooperation less the result of intent, than of incentives. National polities and international regimes co-shaped each other. The result is a book that achieves two things: offer stand-alone chapters that shed light on specific developments and – these read altogether – develop a bigger picture. It will be of interest to researchers and students of economic history, as well as those interested in the history of internationalism and globalisation.
The Politics of Adoption
by Kerry O'HalloranThis book explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. It updates and extends the second edition published by Springer in 2009. From a standpoint of the development of adoption in England & Wales and the changes currently taking place there, it considers the process as it has evolved in other countries. It identifies themes of commonality and difference in the experience of adoption in a common law context as compared and contrasted with that of other countries. It looks at adoption in France, Sweden and other civil law countries, as well as Japan and elsewhere in Asia, including a focus on Islamic adoption. It examines the experience of indigenous people in New Zealand and Australia, contrasting the highly regulated legal process of modern western society with the traditional practice of indigenous communities such as the Maori. A new chapter studies adoption in China. The book uses the international Conventions and associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.
The Politics of Adoption: International Perspectives on Law, Policy and Practice (Ius Gentium: Comparative Perspectives on Law and Justice #86)
by Kerry O’HalloranThis book, which updates and expands the third edition published by Springer in 2015, explains, compares and evaluates the social and legal functions of adoption within a range of selected jurisdictions and on an international basis. From the standpoint of the development of adoption in England & Wales, and the changes currently taking place there, it considers the process as it has evolved in other countries. It also identifies themes of commonality and difference in the experience of adoption in a common law context, comparing and contrasting this with the experience under civil law and in Islamic countries and with that of indigenous people. This book includes new chapters examining adoption in Russia, Korea and Romania. Further, it uses the international conventions and the associated ECtHR case law to benchmark developments in national law, policy and practice and to facilitate a cross-cultural comparative analysis.
The Politics of American Religious Identity
by Kathleen FlakeBetween 1901 and 1907, a broad coalition of Protestant churches sought to expel newly elected Reed Smoot from the Senate, arguing that as an apostle in the Church of Jesus Christ of Latter-day Saints, Smoot was a lawbreaker and therefore unfit to be a lawmaker. The resulting Senate investigative hearing featured testimony on every peculiarity of Mormonism, especially its polygamous family structure. The Smoot hearing ultimately mediated a compromise between Progressive Era Protestantism and Mormonism and resolved the nation's long-standing "Mormon Problem." On a broader scale, Kathleen Flake shows how this landmark hearing provided the occasion for the country--through its elected representatives, the daily press, citizen petitions, and social reform activism--to reconsider the scope of religious free exercise in the new century.Flake contends that the Smoot hearing was the forge in which the Latter-day Saints, the Protestants, and the Senate hammered out a model for church-state relations, shaping for a new generation of non-Protestant and non-Christian Americans what it meant to be free and religious. In addition, she discusses the Latter-day Saints' use of narrative and collective memory to retain their religious identity even as they changed to meet the nation's demands.
The Politics of Annihilation: A Genealogy of Genocide
by Benjamin MeichesHow did a powerful concept in international justice evolve into an inequitable response to mass suffering?For a term coined just seventy-five years ago, genocide has become a remarkably potent idea. But has it transformed from a truly novel vision for international justice into a conservative, even inaccessible term? The Politics of Annihilation traces how the concept of genocide came to acquire such significance on the global political stage. In doing so, it reveals how the concept has been politically contested and refashioned over time. It explores how these shifts implicitly impact what forms of mass violence are considered genocide and what forms are not. Benjamin Meiches argues that the limited conception of genocide, often rigidly understood as mass killing rooted in ethno-religious identity, has created legal and political institutions that do not adequately respond to the diversity of mass violence. In his insistence on the concept&’s complexity, he does not undermine the need for clear condemnations of such violence. But neither does he allow genocide to become a static or timeless notion. Meiches argues that the discourse on genocide has implicitly excluded many forms of violence from popular attention including cases ranging from contemporary Botswana and the Democratic Republic of Congo, to the legacies of colonial politics in Haiti, Canada, and elsewhere, to the effects of climate change on small island nations. By mapping the multiplicity of forces that entangle the concept in larger assemblages of power, The Politics of Annihilation gives us a new understanding of how the language of genocide impacts contemporary political life, especially as a means of protesting the social conditions that produce mass violence.
The Politics of Anti-Corruption Agencies in Latin America (Routledge Corruption and Anti-Corruption Studies)
by Joseph Pozsgai-AlvarezThis book investigates the history, development, and current state of anti-corruption agencies in Latin America. In recent decades, specialized anti-corruption agencies have sprung up as countries seek to respond to corruption and to counter administrative and political challenges. However, the characteristics, resources, power, and performance of these agencies reflect the political and economic environment in which they operate. This book draws on a range of case studies from across Latin America, considering both national anti-corruption bodies and agencies created and administered by, or in close coordination with, international organizations. Together, these stories demonstrate the importance of the political will of reformers, the private interests of key actors, the organizational space of other agencies, the position of advocacy groups, and the level of support from the public at large. This book will be a key resource for researchers across political science, corruption studies, development, and Latin American Studies. It will also be a valuable guide for policy makers and professionals in NGOs and international organizations working on anti-corruption advocacy and policy advice.
The Politics of Bioethics (Routledge Studies in Science, Technology and Society)
by Alan PetersenRecent rapid advances in the biosciences have led to considerable debate about the social, ethical, and legal implications of research and its applications. The mapping of the human genome, advances in cloning techniques, the harvesting of embryonic stem cells for research, increasing use of genetic testing in healthcare, and the development of large-scale genetic databases have not only generated high expectations about new diagnostics and treatments but also considerable widespread fear about their consequences. This book offers a critical appraisal of bioethics and its implications as it pertains to the fields of health and medicine and public health, with a particular emphasis on recent technological innovations as they provide a noteworthy exemplar of the power of bioethics in shaping policies, practices and notions of societal benefits. Whereas other books have tended to examine ethical dilemmas and challenges of applying ethical principles, often in relation to a limited array of issues, this book investigates the socio-political implications of bioethics discourse and practices in relation to a range of controversial (or potentially controversial) developments. Providing a benchmark for future debate and scholarly work, this volume will be of interest to policymakers, clinicians, scholars, and others who are looking for new ways of making sense and evaluating recent developments in the field of bioethics.
The Politics of Blood
by Anne-Maree FarrellHow best to manage risk involving multi-valued human biological materials is the overarching theme of this book, which draws on the sourcing and supply of blood as a case study. Blood has ethical, social, scientific and commercial value. This multi-valuing process presents challenges in terms of managing risk, therefore making it ultimately a matter for political responsibility. This is highlighted through an examination of the circumstances that led to HIV blood contamination episodes in the US, England and France, as well as their consequences. The roles of scientific expertise and innovation in managing risks to the blood system are also analysed, as is the increased use of precautionary and legal strategies in the post-HIV blood contamination era. Finally, consideration is given to a range of policy and legal strategies that should underpin effective risk governance involving multi-valued human biological materials.
The Politics of Budgetary Surplus
by Scott BrentonThis book probes the hollow rhetoric of debt, deficits and austerity. It explores the decisions of parties of the left which have attempted to deflect criticisms of economic mismanagement and gain trust by depoliticising the budget process and financial management with various rules, albeit with elements of discretion. The book argues that this is a perverse form of trust as it is premised on the belief that political leaders and the public sector cannot be trusted to make appropriate decisions given the economic circumstances of the time and need rules, but at the same time that they can be trusted to follow the rules. The book also explores parties of the right, which often advocate stricter rules and which tend to be the least effective. The book describes how few conservative governments have admirable records on sustained surpluses, given a propensity for unsustainable tax cuts, and the future opportunities this provides to advance a political program of deeper spending cuts.
The Politics of Civil–Military Cooperation
by Christopher AnkersenAnkersen examines Canada's civil-military cooperation efforts in Kosovo, Bosnia, and Afghanistan through the lens of Clausewitz's 'Remarkable Trinity'. The book reveals how military action is the product of influences from the government, the armed forces, and the people at home.
The Politics of Community Crime Prevention: Operation Weed and Seed in Seattle (Law, Justice, And Power Ser.)
by Lisa L. MillerThis title was first published in 2001. This book explores the complex and often striking differences between national and local perspectives, particularly those of racial minorities, on crime prevention and the role that community residents should play in prevention programmes.
The Politics of Corruption in Dictatorships
by Vineeta Yadav Bumba Mukherjee Yadav, Vineeta and Mukherjee, BumbaThe Politics of Corruption in Dictatorships studies how institutional and social factors influence corruption in dictatorships. Dictatorships are often synonymous with high levels of corruption, yet Vineeta Yadav and Bumba Mukherjee argue otherwise. The authors ask why corruption has declined in some but not other authoritarian regimes. What are the main political factors that drive some autocrats to curb corruption? The book explores the role that business mobilization can play in reducing corruption under some conditions in dictatorships. It investigates how political competition for an elected legislature affects the incentives of dictators to engage in corruption. The study relies on case studies from Jordan, Malaysia, and Uganda. The book is accessible to a wide audience without requiring sophisticated statistical training.
The Politics of Court Reform: Judicial Change and Legal Culture in Indonesia
by Melissa CrouchIndonesia is the world's third largest democracy and its courts are an important part of its democratic system of governance. Since the transition from authoritarian rule in 1998, a range of new specialised courts have been established from the Commercial Courts to the Constitutional Court and the Fisheries Court. In addition, constitutional and legal changes have affirmed the principle of judicial independence and accountability. The growth of Indonesia's economy means that the courts are facing greater demands to resolve an increasing number of disputes. This volume offers an analysis of the politics of court reform through a review of judicial change and legal culture in Indonesia. A key concern is whether the reforms that have taken place have addressed the issues of the decline in professionalism and increase in corruption. This volume will be a vital resource for scholars of law, political science, law and development, and law and society.
The Politics of Crime Prevention: Race, Public Opinion, and the Meaning of Community Safety (New Perspectives in Crime, Deviance, and Law)
by Kevin H. WozniakAn important understanding of the role public opinion plays in crime prevention policy"Defund the police.” This slogan became a rallying cry among Black Lives Matter protesters following the murder of George Floyd in Minneapolis in May 2020. These three words evoke a fundamental question about America’s policy priorities: should the nation rely predominantly upon the branches of the criminal justice system to arrest, prosecute, and imprison offenders, or should the nation prioritize fixing structural causes of crime by investing more heavily in the infrastructure and institutions of disadvantaged communities? To put it simply, do Americans actually prefer punishment over crime prevention?The Politics of Crime Prevention examines American public opinion about crime prevention in the twenty-first century with a particular focus on how average citizens would choose to prioritize resources between the criminal justice system and community-based institutions. Kevin H. Wozniak analyzes differences of opinion across lines of race, social class, and political partisanship, and investigates whether people’s willingness to invest in communities depends upon the kind of communities that would receive money. This book moves beyond criminologists’ typical focus on public opinion about punishment that follows acts of crime to instead examine public attitudes toward crime prevention. In this brilliant and compelling study, Wozniak reveals that politicians profoundly underestimate the American public’s desire to prioritize community investment and that it is long past time to help communities thrive instead of turning to the criminal justice system to respond to every social problem.
The Politics of Educational Decentralisation in Indonesia: A Quest for Legitimacy
by Irsyad Zamjani“The Politics of Educational Decentralisation in Indonesia: A Quest for Legitimacy is a well written, analytically sharp, and compelling study of educational decentralisation in Indonesia. Irsyad Zamjani, provides fresh insights into this important topic. The author treats educational reform as a window into much deeper questions about power, the government’s responsibility to its citizens, and social change in Indonesia. His findings should interest academics as well as practitioners with an interest in educational reform.” —Professor Christopher Bjork, Vassar College, New York “This is a remarkable book which should appeal not only to Indonesian scholars, but also to educationists and political scientists, to name just a few. By tracing the path of decentralisation in the Indonesian educational reform in the early 2000s, Zamjani shows how the central and municipal governments struggled in different ways to retain control over education in their domains through various mechanisms largely related to claims of legitimacy. The study is grounded in new institutional theory, and the interview and case study data provide a richness and depth in showing the dynamics of reform attempts.” —Professor Lawrence J. Saha, Australian National University, Canberra This book discusses the dynamics of educational decentralisation in post-reform Indonesia. Taking sociology’s new institutionalism approach, and drawing upon data from documents and interviews with strategic informants, the book investigates how institutional legitimacy of educational decentralisation was garnered, manipulated, and then contested. Besides analysing global institutional pressures which influenced the national adoption of decentralisation reform, and the central government’s attempts to restore its legitimacy, the book also offers comparative case studies of education governance in two local districts to highlight how this reform is responded to at the local level.