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Using the British Empire as a case study, this succinct study argues that the establishment of overseas settlements in America created a problem of constitutional organization. The failure to resolve the resulting tensions led to the thirteen continental colonies seceding from the empire in 1776. Challenging those historians who have assumed that the British had the law on their side during the debates that led to the American Revolution, this volume argues that the empire had long exhibited a high degree of constitutional multiplicity, with each colony having its own discrete constitution. Contending that these constitutions cannot be conflated with the metropolitan British constitution, it argues that British refusal to accept the legitimacy of colonial understandings of the sanctity of the many colonial constitutions and the imperial constitution was the critical element leading to the American Revolution.
Constitutional Revolutions: Pragmatism and the Role of Judicial Review in American Constitutionalismby Robert Justin Lipkin
In Constitutional Revolutions Robert Justin Lipkin radically rethinks modern constitutional jurisprudence, challenging the traditional view of constitutional change as solely an extension or transformation of prior law. He instead argues for the idea of "constitutional revolutions"--landmark decisions that are revolutionary because they are not generated from legal precedent and because they occur when the Constitution fails to provide effective procedures for accommodating a needed change. According to Lipkin, U. S. constitutional law is driven by these revolutionary judgments that translate political and cultural attitudes into formal judicial decisions. Drawing on ethical theory, philosophy of science, and constitutional theory, Lipkin provides a progressive, postmodern, and pragmatic theory of constitutional law that justifies the critical role played by the judiciary in American democracy. Judicial review, he claims, operates as a mechanism to allow "second thought," or principled reflection, on the values of the wider culture. Without this revolutionary function, American democracy would be left without an effective institutional means to formulate the community's considered judgments about good government and individual rights. Although judicial review is not the only forum for protecting this dimension of constitutional democracy, Lipkin maintains that we would be wise not to abandon judicial review unless a viable alternative emerges. Judges, lawyers, law professors, and constitutional scholars will find this book a valuable resource.
The Constitution is the cornerstone of American government, hailed as one of the greatest contributions of the Western Enlightenment. While many seem content simply to celebrate it, those most familiar with the document invariably find it wanting in at least some aspects. This unique volume brings together many of the country's most esteemed constitutional commentators and invites them to answer two questions: First, what is the stupidest provision of the Constitution? "Stupid" need not mean evil. Thus, a second, related question is whether the scholar-interpreter would be forced to reach truly evil results even if applying his or her own favored theory of constitutional interpretation. The contributors include Lawrence Alexander, Akhil Reed Amar, Jack Balkin, Philip Bobbitt, Gerard Bradley, Rebecca Brown, Steven Calabresi, Lief Carter, Christopher Eisgruber, Lawrence Sager, Marie Failinger, Daniel Farber, James Fleming, Mark Graber, Stephen Griffin, Gary Jacobsohn, Randall Kennedy, Lewis LaRue, Theodore Lowi, Earl Maltz, Michael McConnell, Matthew Michael, Robert Nagel, Daniel Ortiz, Pamela Karlen, Michael Paulsen, Robert Post, Lucas Powe, Dorothy Roberts, Jeffrey Rosen, Frederick Schauer, Michael Seidman, Suzanna Sherry, David Strauss, Laurence Tribe, Mark Tushnet, and John Yoo.
Carl Schmitt's magnum opus, Constitutional Theory, was originally published in 1928 and has been in print in German ever since. This volume makes Schmitt's masterpiece of comparative constitutionalism available to English-language readers for the first time. Schmitt is considered by many to be one of the most original--and, because of his collaboration with the Nazi party, controversial--political thinkers of the twentieth century. In Constitutional Theory, Schmitt provides a highly distinctive and provocative interpretation of the Weimar Constitution. At the center of this interpretation lies his famous argument that the legitimacy of a constitution depends on a sovereign decision of the people. In addition to being subject to long-standing debate among legal and political theorists in Western Europe and the United States, this theory of constitution-making as decision has profoundly influenced constitutional theorists and designers in Asia, Latin America, and Eastern Europe. Constitutional Theory is a significant departure from Schmitt's more polemical Weimar-era works not just in terms of its moderate tone. Through a comparative history of constitutional government in Europe and the United States, Schmitt develops an understanding of liberal constitutionalism that makes room for a strong, independent state. This edition includes an introduction by Jeffrey Seitzer and Christopher Thornhill outlining the cultural, intellectual, and political contexts in which Schmitt wrote Constitutional Theory; they point out what is distinctive about the work, examine its reception in the postwar era, and consider its larger theoretical ramifications. This volume also contains extensive editorial notes and a translation of the Weimar Constitution.
Many of us take for granted the idea that the right to religious freedom should be protected in a free, democratic polity. However, this book challenges whether the protection and privilege of religious belief and identity should be prioritized over any other right. By studying the effects of constitutional promises of religious freedom and establishment clauses, Frank B. Cross sets the stage for a set of empirical questions that examines the consequences of such protections. Although the case for broader protection is often made as a theoretical matter, constitutions generally protect freedom of religion. Allowing people full choice in holding religious beliefs or freedom of conscience is central to their autonomy. Freedom of religion is thus potentially a very valuable aspect of society, at least so long as it respects the freedom of individuals to be irreligious. This book tests these associations and finds that constitutions provide national religious protection, especially when the legal system is more sophisticated.
How do Supreme Court justices decide their cases? Do they follow their policy preferences? Or are they constrained by the law and by other political actors? The Constrained Court combines new theoretical insights and extensive data analysis to show that law and politics together shape the behavior of justices on the Supreme Court. Michael Bailey and Forrest Maltzman show how two types of constraints have influenced the decision making of the modern Court. First, Bailey and Maltzman document that important legal doctrines, such as respect for precedents, have influenced every justice since 1950. The authors find considerable variation in how these doctrines affect each justice, variation due in part to the differing experiences justices have brought to the bench. Second, Bailey and Maltzman show that justices are constrained by political factors. Justices are not isolated from what happens in the legislative and executive branches, and instead respond in predictable ways to changes in the preferences of Congress and the president. The Constrained Court shatters the myth that justices are unconstrained actors who pursue their personal policy preferences at all costs. By showing how law and politics interact in the construction of American law, this book sheds new light on the unique role that the Supreme Court plays in the constitutional order.
The ubiquity of combinatorial optimization problems in our society is illustrated by the novel application areas for optimization technology, which range from supply chain management to sports tournament scheduling. Over the last two decades, constraint programming has emerged as a fundamental methodology to solve a variety of combinatorial problems, and rich constraint programming languages have been developed for expressing and combining constraints and specifying search procedures at a high level of abstraction. Local search approaches to combinatorial optimization are able to isolate optimal or near-optimal solutions within reasonable time constraints.This book introduces a method for solving combinatorial optimization problems that combines constraint programming and local search, using constraints to describe and control local search, and a programming language, COMET, that supports both modeling and search abstractions in the spirit of constraint programming.After an overview of local search including neighborhoods, heuristics, and metaheuristics, the book presents the architecture and modeling and search components of constraint-based local search and describes how constraint-based local search is supported in COMET. The book describes a variety of applications, arranged by meta-heuristics. It presents scheduling applications, along with the background necessary to understand these challenging problems. The book also includes a number of satisfiability problems, illustrating the ability of constraint-based local search approaches to cope with both satisfiability and optimization problems in a uniform fashion.
Design happens everywhere, whether in animate objects (e.g., dendritic lung structures, bacterial colonies, and corals), inanimate patterns (river basins, beach slope, and dendritic crystals), social dynamics (pedestrian traffic flows), or engineered systems (heat dissipation in electronic circuitry). This "design in nature" often takes on remarkably similar patterns, which can be explained under one unifying Constructal Law. This book explores the unifying power of the Constructal Law and its applications in all domains of design generation and evolution, ranging from biology and geophysics to globalization, energy, sustainability, and security. The Constructal Law accounts for the universal tendency of flow systems to morph into evolving configurations that provide greater and easier access over time. The Constructal Law resolves the many and contradictory ad hoc statements of "optimality", end design, and destiny in nature, such as minimum and maximum entropy production and minimum and maximum flow resistance, and also explains the designs that are observed and copied in biomimetics. Constructal Law and the Unifying Principle of Design covers the fundamentals of Constructal Theory and Design, as well as presenting a variety of state-of-the-art applications. Experts from the biological, physical and social sciences demonstrate the unification of all design phenomena in nature, and apply this knowledge to novel designs in modern engineering, such as vascularization for self-healing and self-cooling materials for aircraft, and tree fins and cavities for heat transfer enhancement.
This book provides a view of how the United States attempted to transform Puerto Rico.
A guide to the whys and hows of creating web accessible websites.
"Constructing Cassandra" conducts an inquiry into the intelligence failures at the CIA that resulted in four key strategic surprises experienced by the US: the Cuban Missile Crisis in 1962, the Iranian revolution of 1978, the collapse of the USSR in 1991, and the 9/11 terrorist attacks. While some of these events may seem distant, these surprises still play out today in US policy. Although there has been no shortage of studies exploring how intelligence failures can happen, none of the prevailing explanations has been able to provide a "unified understanding" of the phenomenon. Without that understanding, failures will happen again--with dramatic consequences. The book brings culture and identity to the foreground to present a model of strategic surprise that focuses on the internal make-up the CIA. It also takes seriously those Cassandras who offered warnings, but were ignored. By providing this novel, unified model of strategic surprise--that links terrorist attacks to more conventional failures--this book offers the first deep and systematic exploration of the ultimate sources of the CIAs intelligence failures, and points to ways to prevent future strategic surprises.
Drawing on extensive ethnographic fieldwork and in-depth life history interviews, this illuminating book provides an intimate portrait of contemporary Chinese Christianity in the context of a modern, commercialized economy. In vivid detail, anthropologist Nanlai Cao explores the massive resurgence of Protestant Christianity in the southeastern coastal city of Wenzhou--popularly referred to by its residents as "China's Jerusalem"--a nationwide model for economic development and the largest urban Christian center in China. Cao's study of Chinese Christians delves into the dynamics of activities such as banqueting, network building, property acquisition, mate selection, marriage ritual, migrant work, and education. Unlike previous research that has mainly looked at older, rural, and socially marginalized church communities, Cao trains his focus on economically powerful, politically connected, moralizing Christian entrepreneurs. In framing the city of Wenzhou as China's Jerusalem, newly rich Chinese Christians seek not only to express their leadership aspirations in a global religious movement but also to assert their place, identity, and elite status in post-reform Chinese society.
`Grounded theory is a highly influential way of working with qualitative data and Kathy Charmaz is a major player, both innovative and fluent. This book is a model student text: lively, carefully argued and full of vivid illustrations. Beginning students and professional researchers will find it to be required reading' - David Silverman, Professor Emeritus, Sociology Department, Goldsmiths College and Visiting Professor, Management Department, King's College, University of London Kathy Charmaz is one of the world's leading theorists and exponents of grounded theory. In this important and essential new textbook, she introduces the reader to the craft of using grounded theory in social research, and provides a clear, step-by-step guide for those new to the field. Using worked examples throughout, this book also maps out an alternative vision of grounded theory to that put forward by its founding thinkers, Glaser and Strauss. To Charmaz, grounded theory must move on from its positivist origins and must incorporate many of the methods and questions posed by constructivists over the past twenty years to become a more nuanced and reflexive practice. Essential reading for students, new researchers and seasoned social scientists alike, this book is one of those rare things, a textbook that is both accessible to those new to the field but also one that has important things to say about the nature of social enquiry itself.
Meg Logan has not been farther than two miles from home in six years. She has agoraphobia, a debilitating anxiety disorder that entraps its sufferers in the fear of leaving safe havens such as home. Paradoxically, while at this safe haven, agoraphobics spend much of their time ruminating over past panic experiences and imagining similar hypothetical situations. In doing so, they create a narrative that both describes their experience and locks them into it. Constructing Panic offers an unprecedented analysis of one patient's experience of agoraphobia. In this novel interdisciplinary collaboration between a clinical psychologist and a linguist, the authors probe Meg's stories for constructions of emotions, actions, and events. They illustrate how Meg uses grammar and narrative structure to create and recreate emotional experiences that maintain her agoraphobic identity. In this work Capps and Ochs propose a startling new view of agoraphobia as a communicative disorder. Constructing Panic opens up the largely overlooked potential for linguistic and narrative analysis by revealing the roots of panic and by offering a unique framework for therapeutic intervention. Readers will find in these pages hope for managing panic through careful attention to how we tell the story of our lives.
Recent decades have witnessed the rise of social and environmental certification programs that are intended to promote responsible business practices. Consumers now encounter organic or fair-trade labels on a variety of products, implying such desirable benefits as improved environmental conditions or more equitable market transactions. But what do we know about the origins and development of the organizations behind these labels? This book examines forest, coffee, and fishery certification programs to reveal how the early decisions of programs on governance and standards affect the path along which individual programs evolve and the variety and number of programs across sectors.
Constructing Race helps unravel the complicated and intertwined history of race and science in America. Tracy Teslow explores how physical anthropologists in the twentieth century struggled to understand the complexity of human physical and cultural variation, and how their theories were disseminated to the public through art, museum exhibitions, books, and pamphlets. In their attempts to explain the history and nature of human peoples, anthropologists persistently saw both race and culture as critical components. This is at odds with a broadly accepted account that suggests racial science was fully rejected by scientists and the public following World War II. This book offers a corrective, showing that both race and culture informed how anthropologists and the public understood human variation from 1900 through the decades following the war. The book offers new insights into the work of Franz Boas, Ruth Benedict, and Ashley Montagu, as well as less well-known figures, including Harry Shapiro, Gene Weltfish, and Henry Field.
All researchers want to produce interesting and influential theories. A key step in all theory development is formulating innovative research questions that will result in interesting and significant research. Traditional textbooks on research methods tend to ignore, or gloss over, actual ways of constructing research questions. In this text, Alvesson and Sandberg develop a problematization methodology for identifying and challenging the assumptions underlying existing theories and for generating research questions that can lead to more interesting and influential theories, using examples from across the social sciences. Established methods of generating research questions in the social sciences tend to focus on 'gap-spotting', which means that existing literature remains largely unchallenged. The authors show the dangers of conventional approaches, providing detailed ideas for how one can work through such problems and formulate novel research questions that challenge existing theories and produce more imaginative empirical studies. Constructing Research Questions is essential reading for any researcher looking to formulate research questions that are interesting and novel.
Bolstering the academic success of low achieving students and providing a more egalitarian classroom setting are two constant challenges to our schools. This book describes the process of "untracking", an educational reform effort that has prepared students from low income, linguistic and ethnic minority backgrounds for college. Untracking offers all students the same academically-demanding curriculum while varying the amount of institutional support they receive. This book is a highly readable account of a successful school reform effort. It provides systematic research results concerning the educational and social consequences of untracking previously low achieving students, and will be of great importance to researchers in educational and social psychology.
This is a college American history textbook, containing numerous historical documents.
With a cast ranging from Pancho Villa to Dolores del Río and Tina Modotti, Constructing the Image of the Mexican Revolution demonstrates the crucial role played by Mexican and foreign visual artists in revolutionizing Mexico's twentieth-century national iconography. Investigating the convergence of cinema, photography, painting, and other graphic arts in this process, Zuzana Pick illuminates how the Mexican Revolution's timeline (1910-1917) corresponds with the emergence of media culture and modernity. Drawing on twelve foundational films from Que Viva Mexico! (1931-1932) to And Starring Pancho Villa as Himself (2003), Pick proposes that cinematic images reflect the image repertoire produced during the revolution, often playing on existing nationalist themes or on folkloric motifs designed for export. Ultimately illustrating the ways in which modernism reinvented existing signifiers of national identity, Constructing the Image of the Mexican Revolution unites historicity, aesthetics, and narrative to enrich our understanding of Mexicanidad.
With more than thirty-five million copies in print, the Little House series, written in the 1930s and 1940s by Laura Ingalls Wilder and her daughter, Rose Wilder Lane has been a spectacular commercial success. This work examines what elements of the eight books account for the series' enduring power and what the novels tell us about 19th-century culture.
By integrating individual, sexual and marital therapies, this study attempts to provide a fresh look at the nature of intimacy and the diverse barriers to eroticism in marriage. The author refutes the common focus on sexual technique, calling instead for an emphasis on sexual potential.
The definitive contracting reference for the construction industry, updated and expanded Construction Contracting, the industry's leading professional reference for five decades, has been updated to reflect current practices, business methods, management techniques, codes, and regulations. A cornerstone of the construction library, this text presents the hard-to-find information essential to successfully managing a construction company, applicable to building, heavy civil, high-tech, and industrial construction endeavors alike. A wealth of coverage on the basics of owning a construction business provides readers with a useful "checkup" on the state of their company, and in-depth exploration of the logistics, scheduling, administration, and legal aspects relevant to construction provide valuable guidance on important facets of the business operations. This updated edition contains new coverage of modern delivery methods, technology, project management, plus sample contracts and documentation. The field of construction contracting comprises the entire set of skills, knowledge, and conceptual tools needed to successfully own or manage a construction company, as well as to undertake any actual project. This book gives readers complete, up-to-date information in all of these areas, with expert guidance toward best practices. Learn techniques for accurate cost estimating and effective bidding Understand construction contracts, surety bonds, and insurance Explore project time and cost management, with safety considerations Examine relevant labor law and labor relations techniques Between codes, standards, laws, and regulations, the construction industry presents many different areas with which the manager needs to be up to date, on top of actually doing the day-to-day running of the business. This book provides it all under one cover - for the project side and the business side, Construction Contracting is a complete working resource in the field or office.
Launch your career in construction management with this one-of-a-kind book. The construction management industry is expected to increase employment by 16 percent over the next decade. This second edition of a bestselling introduction to construction management walks you through each stage of the construction management process. Written from the constructor's perspective, this book will familiarize you with all the construction management fundamentals and how Building Information Modeling (BIM) is impacting the construction management profession. Covers interoperability of technology advances in the construction industry Explains how BIM is challenging the traditional approach to project delivery and how this affects the constructor's role Elaborates each stage of the design and construction process and the tasks associated with each of them Shows step-by-step how to estimate project costs, administer contracts, manage job site and construction operations, plan and schedule a project, monitor project performance, manage project quality and safety, and assess project risks Provides review questions at the end of each chapter to help enforce understanding The tried-and-true project management principles presented in this book will help ensure you a successful start to your career.