Democracy By Decree

Author: Ross Sandler
Publisher: Yale University Press
ISBN: 9780300103144
Size: 11.90 MB
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This valuable book explains why schools, welfare agencies, and other important state and local institutions have come to be controlled by attorneys and judges rather than by governors and mayors. The authors discuss why this has resulted in worse service to the public and what can be done to restore control of these programs to elected—and accountable—officials. “A brilliant, well-written and brave account of how federal courts have distorted our political system by taking control of complex institutions like schools and prisons—sometimes for decades—instead of enforcing rights, which is their proper domain.”—Diane Ravitch, New York University “A thought-provoking book about the fundamental issues of democracy, federalism, and separation of powers.”—Ross Weiner, Legal Times “This book shows how well-meaning efforts to fix society’s problems often fail because the judiciary is badly equipped to enforce such changes.”—Jonathan Shapiro, Washington Post “An elegant volume.”—Harvard Law Review

The River Pollution Dilemma In Victorian England

Author: Dr Leslie Rosenthal
Publisher: Ashgate Publishing, Ltd.
ISBN: 1472404203
Size: 71.43 MB
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Nineteenth-century Britain witnessed a dramatic increase in its town population, as a hitherto largely rural economy transformed itself into an urban one. Though the political and social issues arising from these events are well-known, little is known about how the British legal process coped with the everyday strains that emerged from the unprecedented scale of these changes. This book explores the river pollution dilemma faced by the British courts during the second half of the nineteenth century when the legal process had to confront the new incompatible realities arising from the increasing amounts of untreatable waste flowing into the rivers. This dilemma struck at the heart of both Victorian urban and rural society, as the necessary sanitary reformation of the swelling cities and expanding industry increasingly poisoned the rivers, threatening the countryside and agricultural rents and livelihoods. Focusing on ten legal disputes, the book investigates the dilemma that faced the courts; namely how to protect the traditional and valued rights of landholders whose rivers and lands were being polluted by industrial waste and untreated sewage, whilst not hindering the progress of sanitary reform and economic progress in the towns. The case studies considered involve major industrialising centres, such as Birmingham, Leeds, Northampton, Wolverhampton and Barnsley, but also include smaller towns such as Tunbridge Wells, Leamington Spa and Harrogate. The fundamental issues raised remain as important today as they did in Victorian times. The need for the courts to balance a variety of conflicting needs and rights within the limits of contemporary technological capabilities often played out in surprising ways, with outcomes not always in line with theoretical expectations. As such the historical context of the disputes provide fascinating insights into nineteenth-century legal process, and the environmental and social attitudes of the times.

Litigating In America

Author: Stephen Subrin
Publisher: Aspen Publishers Online
ISBN: 0735552665
Size: 47.65 MB
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Designed to introduce American civil litigation and process to a wide audience: foreign LL.M. students, beginning American law students, undergraduates interested in law, and foreign lawyers, judges, and law professors. This succinct new paperback Litigating in America: Civil Procedure in Context explains the institutional bases and legal meaning of our procedural system, and captures American civil process at a time of change. It presents American civil procedure from several vantage points: the procedural doctrine that has evolved over time; the practical implications of that doctrine; the social context in which the doctrine grew, is used and abused; and the global context of how other systems may have made different choices. It is an excellent supplement to any casebook.

Breaking The Devil S Pact

Author: James B. Jacobs
Publisher: NYU Press
ISBN: 1479883875
Size: 69.59 MB
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"In 1988, despite powerful Congressional opposition, U.S. Attorney Rudy Giuliani brought a massive civil racketeering (RICO) suit against the leaders of the behemoth International Brotherhood of Teamsters (IBT) and more than two dozen Cosa Nostra (LCN) leaders. Intending to land a fatal blow to the mafia, Giuliani asserted that the union and organized-crime defendants had formed a devil's pact. He charged the IBT leaders with allowing their organized-crime cronies to use the union as a profit center in exchange for the mobsters' political support and a share of the spoils of corruption. On the eve of what would have been one of the most explosive trials in organized-crime and labor history, the Department of Justice and the Teamsters settled. Breaking the Devil's Pact traces the fascinating history of U.S. v. IBT, beginning with Giuliani's controversial lawsuit and continuing with in-depth analysis of the ups and downs of an unprecedented remedial effort involving the Department of Justice, the federal courts, the court-appointed officers (including former FBI and CIA director William Webster and former U.S. attorney general Benjamin Civiletti), and the IBT itself. Now more than 22 years old and spanning over 5 election cycles, U.S. v. IBT is the most important labor case in the last half century, one of the most significant organized crime cases of all time, and one of the most ambitious judicial organizational reform efforts in U.S. history. Breaking the Devil's Pact is a penetrating examination of the potential and limits of court-supervised organizational reform in the context of systemic corruption and racketeering"--

Conservatism Redefined

Author: Patrick Garry
Publisher: Encounter Books
ISBN: 1594034567
Size: 25.21 MB
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After reaching high levels of public popularity in the 1980s and 1990s, political conservatism has become beset with criticism and disillusionment. As demonstrated by the 2008 election results, political conservatism has been blamed for an unpopular Iraq war, an economy nose diving into recession, and a barrage of high profile instances of corporate misbehavior. This crisis in the ideological identity of and public confidence in conservatism is partly due to conservatism itself. Contrary to the intellectual vibrancy that characterized the 1980s and 1990s, political conservatism in recent years has become complacent and dormant. It has been more focused on simply protecting political power than on reexamining its philosophical principles and policy prescriptions. Because of this failure to continually reexamine, conservatives have allowed their ideology to slip back into various ruts caused by certain historical deviations from the conservative creed. These deviations, beginning in the early twentieth century, mischaracterized conservatism as a special-interest defender of the wealthy and corporate class. The deviations also allowed conservatism to be miscast as a political creed that advocates aggressive U.S. intervention in the affairs of foreign nations. Perhaps because of all its successes, as well as the political influence it has been able to achieve, political conservatism in America has somewhat lost its foundational bearings. Its basic principles and ideological identity have been lost amidst the various political maneuverings and issues associated with partisan politics. Consequently, conservatives need to get their ideology back to a firm foundational setting, so as to allow it to once again provide a strong beacon of guidance to American society. In this book, Patrick Garry attempts to provide a clear definition and ideological identity to conservatism—an identity that not only connects conservatism to the past, but allows it to position itself for the challenges of the future. With a concise simplicity, Garry provides a definition of conservatism that relies on two fundamental propositions. Garry also argues that the focus of conservatism needs to be redirected toward the interests of the poor and disadvantaged. As Garry argues, it is conservatism and not liberalism that offers the best hope for the poor and disadvantaged to prosper in America. This new focus of conservatism will allow conservatism to flourish as a governing ideology.

Complex Justice

Author: Joshua M. Dunn
Publisher: UNC Press Books
ISBN: 1469606607
Size: 58.27 MB
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In 1987 Judge Russell Clark mandated tax increases to help pay for improvements to the Kansas City, Missouri, School District in an effort to lure white students and quality teachers back to the inner-city district. Yet even after increasing employee salaries and constructing elaborate facilities at a cost of more than $2 billion, the district remained overwhelmingly segregated and student achievement remained far below national averages. Just eight years later the U.S. Supreme Court began reversing these initiatives, signifying a major retreat from Brown v. Board of Education. In Kansas City, African American families opposed to the district court's efforts organized a takeover of the school board and requested that the court case be closed. Joshua Dunn argues that Judge Clark's ruling was not the result of tyrannical "judicial activism" but was rather the logical outcome of previous contradictory Supreme Court doctrines. High Court decisions, Dunn explains, necessarily limit the policy choices available to lower court judges, introducing complications the Supreme Court would not anticipate. He demonstrates that the Kansas City case is a model lesson for the types of problems that develop for lower courts in any area in which the Supreme Court attempts to create significant change. Dunn's exploration of this landmark case deepens our understanding of when courts can and cannot successfully create and manage public policy.

The American Democracy

Author: Thomas E. Patterson
Publisher: McGraw-Hill Companies
ISBN: 9780072868098
Size: 44.53 MB
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This comprehensive text is known for its exciting writing style and its positive, forward-looking presentation of the latest developments in scholarship and real-life politics. Through the use of engaging narrative, "The American Democracy" weaves together theory, information, and examples in ways that highlight key points, make them easy to understand, and capture readers' interest..

Newsweek

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Publisher:
ISBN:
Size: 43.85 MB
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