- Table View
- List View
The Constitution of Electoral Speech Law: The Supreme Court and Freedom of Expression in Campaigns and Electionsby Brian Pinaire
Bush v. Gore brought to the public's attention the significance of election law and the United States Supreme Court's role in structuring the rules that govern how campaigns and elections function in America. In this book, Brian K. Pinaire examines one expanding domain within this larger legal context: freedom of speech in the political process, or, what he terms, electoral speech law. Specifically, Pinaire examines the Court's evolving conceptions of free speech in the electoral process and then traces the consequences of various debates and determinations from the post-World War II era to the present. In his analysis of the broad range of cases from this period, supplemented by four recent case study investigations, Pinaire explores competing visions of electoral expression in the marketplace of ideas, various methods for analyzing speech dilemmas, the multiple influences that shape the justices' notions of both the potential for and privileged status of electoral communication, and the ultimate implications of these Court rulings for American democracy.
In this classic work Hayek restates the ideals of freedom that he believes have guided, and must continue to guide, the growth of Western civilization. Hayek's book, first published in 1960, urges us to clarify our beliefs in today's struggle of political ideologies.
For well over two centuries, the United States Constitution has served as a charter for a free, democratic government and for a country that has risen from a dicey political experiment to an economic and political superpower. In the history of the world, there is nothing like it. In The Constitution: Understanding America s Founding Document, Michael S. Greve explains how to think seriously about the United States Constitution and constitutions in general. What are constitutions supposed to do, and what can they accomplish? Why was the specific form of the Constitution including both its structure and its rights catalogue so important? Why is the Constitution so difficult to amend? Greve provides a fresh perspective on the Constitution s structure and our enduring constitutional controversies, from federalism and the separation of powers to slavery, civil rights, and the administrative state.
Famed as a classic naval duel, the clash between two sailing frigates of the nineteenth century affords its victor immeasurable fame and glory. During the War of 1812, the Royal Navy and United States Navy squared off in a number of such duels, the most famous between the USS Constitution and HMS Guerrière. Tactics between the two nations varied enormously, with the American Navy favoring twenty-four pound guns, heavy carronades, and larger crews, while the British tended to equip its frigates with eighteen-pound guns and smaller, more economical crews. Through first-hand accounts of officers and sailors present at the battles and fascinating comparisons of artillery, crew ability and tactical achievements, this book offers an unparalleled insight into the ruthless reality of frigate battles in the War of 1812.From the Trade Paperback edition.
Providing a comprehensive view of the constitutional architecture of federations, contributors address change and development in federal states from the standpoint of constitutional revision and reform. Oftentimes change comes from the constituent units that together form a federation. With this in mind, political scientists and legal scholars from across Europe and North America address three important questions. First, what is the scope of national space - the range of discretion and autonomy in constitutional design and development - that is available to the sub-national units in federal system? Second, to what extent have the sub-national units occupied the constitutional space available to them? Third, what have been the effects of constitutional initiatives by sub-national units within their constitutional space on national constitutional development (vertical federalism), on constitutional development in other sub-national units (horizontal federalism), and on political development within their own borders? A comparative, interdisciplinary approach to constitutionalism in federal systems, this volume will be of particular interest to scholars studying federalism, comparative politics, public law, and political development. Contributors include Michael Burgess (University of Kent) and G. Alan Tarr (Rutgers University-Camden), John J. Dinan (Wake Forest University), Arthur Gunlicks (University of Richmond), Peter Bujäger (University of Innsbruck), Jens Woelk (University of Trento), Nicolas Schmitt (University of Fribourg), Patrick Peeters (University of Leuven), Gerald Baier (University of British Columbia), Stephen Tierney (University of Edinburgh), Carlos Viver (University of Barcelona), Francesco Palermo (University of Verona), Anneli Albi (University of Kent), Ornella Porchia (University of Turin).
Casebook for critical examination of present and potential developments in constitutional law.
Discover the ins and outs of Constitutional lawAre you a student looking for trusted, plain-English guidance on the ins and outs of Constitutional law? Look no further!Constitutional Law For Dummies provides a detailed study guide tracking to this commonly required law course. It breaks down complicated material and gives you a through outline of the parameters and applications of the U.S. Constitution in modern, easy-to-understand language. Critical information on the Constitution's foundations, powers, and limitationsA modern analysis of the Constitution's amendmentsDetailed information on the Supreme Court and federalismExplaining outdated governmental jargon in current, up-to-date terms, Constitutional Law For Dummies is just what you need for quick learning and complete understanding. Students studying government will also find this to be a useful supplement to a variety of courses.
A comprehensive introduction to constitutional law, accessible to non- specialists as well as students of law and political science. Beatty (law, U. of Toronto) reviews the leading cases that have come before the Privy Council and the Supreme Court of Canada concerning the BNA Act and the Charter of Rights and Freedoms. He also reviews important decisions made by courts around the world, and analyzes the function judges perform in liberal-democratic societies when they enforce written constitutions that include bills of rights. Annotation c. by Book News, Inc. , Portland, Or.
Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.
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.
Under the Human Rights Act, British courts are for the first time empowered to review primary legislation for compliance with a codified set of fundamental rights. In this book, Aileen Kavanagh argues that the HRA gives judges strong powers of constitutional review, similar to those exercised by the courts under an entrenched Bill of Rights. The aim of the book is to subject the leading case-law under the HRA to critical scrutiny, whilst remaining sensitive to the deeper constitutional, political and theoretical questions which underpin it. Such questions include the idea of judicial deference, the constitutional status of the HRA, the principle of parliamentary sovereignty and the constitutional division of labour between Parliament and the courts. The book closes with a sustained defence of the legitimacy of constitutional review in a democracy, thus providing a powerful rejoinder to those who are sceptical about judicial power under the HRA.
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.
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.
Interest in constitutionalism and in the relationship among constitutions, national identity, and ethnic, religious, and cultural diversity has soared since the collapse of socialist regimes in Eastern Europe and the former Soviet Union. Since World War II there has also been a proliferation of new constitutions that differ in several essential respects from the American constitution. These two developments raise many important questions concerning the nature and scope of constitutionalism. The essays in this volume--written by an international group of prominent legal scholars, philosophers, political scientists, and social theorists--investigate the theoretical implications of recent constitutional developments and bring useful new perspectives to bear on some of the longest enduring questions confronting constitutionalism and constitutional theory.Sharing a common focus on the interplay between constitutional identity and individual or group diversity, these essays offer challenging new insights on subjects ranging from universal constitutional norms and whether constitutional norms can be successfully transplanted between cultures to a consideration of whether constitutionalism affords the means to reconcile a diverse society's quest for identity with its need to properly account for its differences; from the relation between constitution-making and revolution to that between collective interests and constitutional liberty and equality.This collection's broad scope and nontechnical style will engage scholars from the fields of political theory, social theory, international studies, and law.Contributors. Andrew Arato, Aharon Barak, Jon Elster, George P. Fletcher, Louis Henkin, Arthur J. Jacobson, Carlos Santiago Nino, Ulrich K. Preuss, David A. J. Richards, Michel Rosenfeld, Dominique Rousseau, András Sajó, Frederick Schauer, Bernhard Schlink, M. M. Slaughter, Cass R. Sunstein, Ruti G. Teitel, Robin West
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.
Select your format based upon: 1) how you want to read your book, and 2) compatibility with your reading tool. To learn more about using Bookshare with your device, visit the Help Center.
Here is an overview of the specialized formats that Bookshare offers its members with links that go to the Help Center for more information.
- Bookshare Web Reader - a customized reading tool for Bookshare members offering all the features of DAISY with a single click of the "Read Now" link.
- DAISY (Digital Accessible Information System) - a digital book file format. DAISY books from Bookshare are DAISY 3.0 text files that work with just about every type of access technology that reads text. Books that contain images will have the download option of ‘DAISY Text with Images’.
- BRF (Braille Refreshable Format) - digital Braille for use with refreshable Braille devices and Braille embossers.
- MP3 (Mpeg audio layer 3) - Provides audio only with no text. These books are created with a text-to-speech engine and spoken by Kendra, a high quality synthetic voice from Ivona. Any device that supports MP3 playback is compatible.
- DAISY Audio - Similar to the Daisy 3.0 option above; however, this option uses MP3 files created with our text-to-speech engine that utilizes Ivonas Kendra voice. This format will work with Daisy Audio compatible players such as Victor Reader Stream and Read2Go.