Among the most controversial issues in the United States is the question of whether public or private agencies should adopt preferential treatment programs or be required to pay reparations for slavery. Using a carefully reasoned philosophical approach, Stephen Kershnar argues that programs such as affirmative action and calls for slavery reparations are unjust for three reasons. First, the state has a duty to direct resources to those persons who, through their abilities, will benefit most from them. Second, he argues that, in the case of slavery, past injustice--where both the victims and perpetrators are long dead--cannot ground current claims to compensation. As terrible as slavery was, those who claim a right to compensation today owe their existence to it, he reasons, and since the events that bring about a person's existence are normally thought to be beneficial, past injustices do not warrant compensation. Finally, even if past injustices were allowed to serve as the basis of compensation in the present, other variables prevent a reasonable estimation of the amount owed.

An examination of the language of law in the area of political representation, this book considers the development and recognition of group claims brought pursuant to the Voting Rights Act and the Equal Protection Clause in Supreme Court opinions. In his analysis, Burke highlights the different, discursive strategies, broadly identified as liberal and communitarian, used by the Supreme Court to justify the outcomes of various cases, and he argues that no particular strategy of justification is inherently politically conservative or liberal and that no conception of political representation is unassailable. Therefore, it is unlikely that the Supreme Court will articulate a stable measure of fair representation.

The Supreme Court offers one more forum in the deliberation over what is fair representation; however, it is not likely to provide minority communities with a legal answer to the problem of political underrepresentation. As such, this book tells the uncertain story of the creation of political fairness by the Supreme Court. The language used to characterize what is fair and representative, and the theoretical designs which the rhetoric reflects, allows us to formulate concepts of fair representation as legal standards evolve. By placing the debate over fair representation in not only political and legal but also philosophical terms, we are better able to understand the inevitable tensions that drive the concept of representation into new, ill-defined, and contentious areas.

The Supreme Court against the Criminal Jury: Social Science and the Palladium of Liberty is an analysis of the United States Supreme Court decisions in what has come to be called the "jury-size" and "jury-decision rule" cases. In Williams v. Florida (1970) and Ballew v. Georgia (1978), a majority of the Supreme Court looked to history, empirical studies, and functional analysis to support its claim that there was "no discernible difference" between the verdicts of juries of six and juries of twelve. In the process the Court also decided that the number twelve was an historical accident and that the twelve-member jury was not an essential ingredient of trial by jury. Two years later, the Court, following essentially the same line of reasoning used in Williams, decided in the companion cases Apodaca v. Oregon (1972) and Johnson v. Louisiana (1972) that defendants were as well served with juries that reached verdicts by a majority vote of 11-1,10-2 and 9-3 as they were with unanimous jury verdicts. In these cases the Supreme Court rejected the centuries old common law view that the unanimous jury verdict was an essential element of trial by jury. With these four decisions, the criminal jury as it had been known for more than six hundred years under the common law and the Constitution was in principle abandoned. We critique these decisions from the perspective of unreliable jury studies and the impact of these decision on jury nullification.

The U.S. government is an ever-more-complex system that few American citizens comprehend in any detail. Even some of its most basic operations, seemingly clear in concept, are in reality intricate and obscure. Although textbooks explain how the government is supposed to work in theory, they don't reveal how it actually works in practice. This book offers a concise and objective explanation of government operations, mapping the federal government's branches, departments, agencies, corporations, and quasi-official bodies--and the bureaucracies that support them. The authors effectively bridge the gap between the government's ideal, balanced structure, laid out in the Constitution, and its actual institutionalized form today, making this a superb resource for students and citizens at large. Coverage of the government's inner workings includes such subjects as executive-branch appointments, domestic and foreign policy development and execution, the federal budget, the legislative process, the Congressional committee system, the drawing of Congressional districts, the levels of the federal judiciary, aides in all three branches, and the various government offices and oversight agencies. BL25 black-and-white photographs BLFigures and charts capturing the structure of the federal government and many aspects of its functioning, such as the federal budgeting process, the apportionment of electoral votes, and U.S. government receipts and outlays BLTimelines BLQuick-reference chart listing past presidents, their years in office, and their party affiliation

This book assesses the extent to which an emphasis on national security and prioritization of state interests has dominated governance policy-making in Northeast and Southeast Asia, at the expense of human security, human development, and human rights. The findings are that in many cases, there are embedded structural obstacles to achieving human-centered governance objectives in the region. These relate to the role of the military, historical authoritarian legacies, and new authoritarian trends. Contributors examine not only the most obvious instances of military domination of governance in the region (North Korea with its "Military First" philosophy, Thailand since the 2014 coup, and Myanmar with its long history of military rule), but also less well known examples of the influence of conflict legacies upon governance in Cambodia, Timor-Leste, and Laos, as well as the emergence of new reservoirs of power and resources for the forces of authoritarianism.

An inherent tension resides in the Fourth Amendment's strictures on unreasonable searches and seizures. We want it to protect our privacy from government intrusion, yet we want the police to do whatever is required to solve crime. Greater controls on the power of the police provide more privacy protections to citizens. Reduced controls on police actions provide less privacy protection to citizens. Bloom explores this tension as he guides the reader to through the history and relevant Supreme Court decisions that have shaped the current state of Fourth Amendment law.

Prisoners' rights is an area of constitutional law that is often overlooked. Combining an historical and strategic analysis, this study describes the doctrinal development of the constitutional rights of prisoners from the pre-Warren Court period through the current Rehnquist Court. Like many provisions in the Bill of Rights, the meaning of the Eighth Amendment's language on cruel and unusual punishment and the scope of prisoners' rights have been influenced by prevailing public opinion, interest group advocacy, and--most importantly--the ideological values of the nine individuals who sit on the Supreme Court. These variables are incorporated in a strategic analysis of judicial decision making in an attempt to understand the constitutional development of rights in this area.

Fliter examines dozens of cases spanning 50 years and provides a systematic analysis of strategic interaction on the Supreme Court. His results support the notion that justices do not simply vote their policy preferences; some seek to influence their colleagues and the broader legal community. In many cases there was evidence of strategic interaction in the form of voting fluidity, substantive opinion revisions, dissents from denial of certiorari, and lobbying to form a majority coalition. The analysis reaches beyond death penalty cases and includes noncapital cases arising under the Eighth Amendment, habeas corpus petitions, conditions of confinement cases, and due process claims.

Sovereignty is undoubtedly one of the most disputed and controversial concepts in politics today. What does it mean to say that a state, a people or an individual is sovereign? In this book, twelve contributors, all specialists in their own area, tackle these questions in different ways. Underlying the range and diversity of their responses is a common problem: how does sovereignty relate to society and the state? The first part focuses upon developments in British politics, the European Union, Northern Ireland and South Africa in the late 20th century. The second part explores state sovereignty from an international perspective, while the third looks towards detaching sovereignty from the state. Feminist arguments about the self and the exploitation of prostituted women are interrogated along with a democratic analysis of popular organizations and a novel assessment of the question of sovereignty and animal rights.

It's the same message every election year: "Get out and vote--It's your civic duty." Those who audit the sound bites of the candidates, read headlines about the debates and finally pull the lever at their local precinct are touted as moral, upstanding citizens; those who find among the candidates no agreeable representative, no platform worthy of espousal, and who then refuse to turn out on election day, on the other hand, are labeled apathetic and the legitimacy of their opposition is denied. This book is an anthology of articles and excerpts from a variety of sources that deal with the topic of nonvoting. In presenting the minority view that important moral and political reasons abound for not voting, the book unfolds four general arguments: voting is implicitly a coercive act because it lends support to a compulsory state; voting reinforces the legitimacy of the state; and existing nonpolitical, voluntarist alternatives better serve society. Many people do not agree with the concept of nonvoting--but the serious and well thought through underpinnings of such a belief are of crucial importance to an understanding of modern American politics.

This volume--the fifth in a series providing key documents for the constitutional history of the British Empire and Commonwealth from the twelfth century to the twentieth--deals with those dependencies of the Crown where for various reasons it was considered premature to concede fully representative, let alone responsible, government, and also with Ireland where the union with Britain made in 1800 was coming under increasing strain. It covers the years from 1840 to 1900, in parallel with the companion volume IV which dealt with the four main settler colonies. The documents in this volume illustrate the ways in which Britain attempted to devise forms of government it was thought would be, at least in the short term, more suitable for dependencies which had few British settlers who might successfully operate a representative system--and where the majority of indigenous peoples needed protection against such a minority. There was, however, a desire that such colonies should be as self-governing and self-sufficient as possible, but a commitment to trusteeship operated against any rule-of-thumb concession of the sort of constitutions granted contemporaneously to settler colonies. The first section of this volume focuses on British imperial authority and the means whereby it attempted to exercise supervision over the scattered parts of the dependent empire (the so-called British settlements; protectorates under extra-territorial jurisdiction; the use of chartered companies). India is the subject of the second section: documents are here included illustrating the transfer of power from a chartered company back to the Crown and the hesitant moves toward quasi-representation on the Indian councils. A third section is concerned with the collapse of the old representative system in the West Indian colonies and the experiment with a responsive government in Jamaica. The fourth section shows what happened to the original Crown colonies and to new ones acquired in this period, together with adjacent spheres of influence and protectorates. There is then a section dealing with a group of special cases--the Ionian Islands, Cyprus, and Egypt, while the final section deals with the unique problems of Ireland and the attempts made to devolve a measure of internal self-government on John Bull's other Island to appease growing nationalist and inter-sectarian tensions.

This volume has been written specifically for students of the U.S. system of government, and for students interested in federalism in practice. Joseph F. Zimmerman traces the development if the U.S. federal system from 1789 to the present day by focussing in the shifting balance of power between the nation and the states. It introduces the important theories of federalism and explains how they can be used to understand the system as it was originally drawn up and as it operates now. All the important trends in national-state relations are examined, with particular attention being given to the preemption by the federal legislature and judiciary of the powers and authority of the states.

The U.S. federal system has changed radically since its inception, and continues to increase in complexity. This lucid and accessible account links the systeM's current practices with its history and looks forward to the future of the most important federal system in operation today.

Spring 2008 witnessed the first positive signs of a thaw in relations between the two sides of the divided island of Cyprus since the dramatic failure of the Annan Plan in 2004. The historic meeting of the two Presidents of Cyprus and the symbolic opening of the Ledra Street border crossing in the heart of Nicosia may herald a bright new future for this Mediterranean island. Yet Cyprus has been in this situation before. What makes this new initiative different and why should it succeed where so many others have failed?

"Reunifying Cyprus" is the first book to analyze fully the reasons for the continuing failure to re-unite the two states of Cyprus after over forty years of division. It focuses especially on the Annan Plan--the popular name for the UN initiative to find a "Comprehensive Solution to the Cyprus Problem in anticipation of Cyprus" accession to the EU--and the reasons for its ultimate failure. How did Cypriots receive the Annan Plan? What were the real or imagined flaws? Was this a missed opportunity? And what place does the Annan Plan have in future blueprints to reunify the island?

"Reunifying Cyprus" will be invaluable for anyone interested in conflict resolution and international politics as well as students of the Eastern Mediterranean.

In the wake of the most unprecedented election result in recent memory, the question on everyone's lips is: what just happened to the UK's political landscape - and why? And who are the 182 new faces on the House of Commons benches?In The Politicos Guide to the New House of Commons 2015, public affairs consultant Tim Carr teams up with editors of the bestselling Politicos Guide to the 2015 General Election Iain Dale and Robert Waller to present an all-inclusive and essential post-election document for academics, journalists, students and political enthusiasts alike in the wake of the poll-defying 2015 general election.Wide-ranging and accessible, this essential guide provides, amongst much else:* Biographies of the class of 2015, alongside details of their majorities and constituencies;* Demographic analysis by age, gender, ethnic origin, education and background;* Lists of new marginal constituencies, possible targets seats, defeated MPs, and more;* Expert commentary from political journalists and pollsters, exploring the role of the media, the historic result in Scotland and the future impact of fixed-term parliaments.Ranging from the disastrous pre-election polls to the failure of UKIP to make a breakthrough - and the massacre of Scottish Labour - The Politicos Guide to the New House of Commons 2015 is a must-read for anyone eager to know the details of the election result that has so dramatically re-shaped the country's political landscape.

The debut of a brand-new civics series for high school seniors and college freshmen that clearly, concisely, and cleverly explains how the United States elects its president.

This book will prepare readers for the redistricting of congressional, state legislative, and local collegial bodies that will follow the 2010 Census. Almost every state legislature will devote extensive time to redrawing its own districts along with the state's congressional districts during 2011-2012. Chapters 2 through 5 cover the major factors involved in drawing the new maps. These are arranged in the order of their legal prominence beginning with the need for equal populations before moving to the obligation to avoid discriminating against minorities. Chapter 4 examines the other elements weighed by those redrawing districts: compactness, respect for political boundaries and communities of interest. Chapter 5 deals with partisan considerations and consequences of redistricting. More than any other state, Georgia has probably been the locale for more precedent-setting cases and had more difficulty securing Department of Justice approval of its districting plans. Chapter 6 uses Georgia as a case study to demonstrate the application of a number of concepts discussed in the preceding four chapters. The seventh chapter provides a preview of the post-2010 redistricting with a discussion of projections of likely congressional reapportionment. The final chapter also considers how the changes in the Voting Rights Act adopted in 2006 may affect the next round of redistricting.

This collection of twenty essays, written by an array of internationally prestigious scholars, is a ground-breaking work which raises serious and profound concerns about the entrenchment of human rights generally and into UK law in particular. This is the only book on the market to take a sceptical approach to recent developments in human rights law. Written throughout in an engaging and accessible style, this book is essential reading for all those with an interest in law or politics.

This study proposes and assesses an alternative explanation of the changes in the relationship between presidential and House of Representatives election results during the last century. Jeffrey M. Stonecash argues that the separation of presidential and House election results that occurred from the 1960s to 1980 was a party-driven process, with both parties seeking to change their electoral base. Republicans sought a more conservative electoral base to counter what they saw as disturbing liberal trends in the nation. Democrats sought to reduce their reliance on the South and its conservativism. Presidential and House election results changed at different rates, creating an appearance that they were unconnected, but they eventually came together. Although many saw these changes in election results as evidence of parties' decline, this study reaffirms their position as central actors in bringing about change.

Barely a week goes by without another government U-turn and with the cost of living crisis and rising mortgage rates we really need those in charge to get it right. In this timely book Cambridge Professor Dennis C. Grube explores the pitfalls, failures and successes of those in power around the world. 'A must-read' - Sebastian Payne 'Convincing' - David Lammy MP We live in an era when we really need governments to be effective - the economy, our health and the future of the planet are at stake - but so often they can seem clueless, and their decisions leave us confused. With insight and wit, Grube explains how governments can improve their decision-making and by examining fascinating case studies he highlights the key factors that make for effective government. With the stakes higher than ever before, this original and important book is an essential read for any concerned citizen who wants to understand why governments make the wrong decisions and, crucially, what can be done about it. 'Highly original and very entertaining' - Gavin Esler 'There is a real gap for this book' - Isabel Hardman

Thomas Curry argues that discussion and interpretation of the First Amendment have reached a point of deep crisis. Historical scholarship dealing with the background and interpretation of the Amendment are at an impasse, says Curry, and judicial interpretation is in a state of disarray. His purpose is to provide a new paradigm for the understanding and exploration of religious liberty. He traces much of the current difficulty to the largely unexamined assumption on the part of judges and scholars that the Amendment created a right - the right to free exercise of religion - and that the courts are the guardians of that right. In fact, however, the First Amendment is above all a limitation on government and a guarantee that the government will not impinge on the religious liberty that citizens already possess by natural right.

This book examines the right to a neutral and detached decisionmaker as interpreted by the U.S. Supreme Court. This right resides in the Constitution's Fifth Amendment and Fourteenth Amendment guarantees to procedural due process and in the Sixth Amendment's promise of an impartial jury. Supreme Court cases on these topics are the vehicles to understand how these constitutional rights have come alive. First, the book surveys the right to an impartial jury in criminal cases by telling the stories of defendants whose convictions were overturned after they were the victims of prejudicial pretrial publicity, mob justice, and discriminatory jury selection. Next, the book articulates how our modern notion of judicial impartiality was forged by the Court striking down cases where judges were bribed, where they had other direct financial stakes in the outcome of the case, and where a judge decided the case of a major campaign supporter. Finally, the book traces the development of the right to a neutral decisionmaker in quasi-judicial, non-court settings, including cases involving parole revocation, medical license review, mental health commitments, prison discipline, and enemy combatants. Each chapter begins with the typically shocking facts of these cases being retold, and each chapter ends with a critical examination of the Supreme Court's ultimate decisions in these cases.

Providing documentary history of the idea of sovereignty from classical theory to the global age, the diachronic perspective of this work illuminates the characteristic feature of modern sovereignty: the anthropomorphism of nations. The synchronic perspective describes conflicting elements within the history of sovereignty by identifying its encounter with nationalism and constitutionalism. The historical examination of sovereignty leads the author to conclude that the recent transformation of the principle of sovereignty can be understood in the context of new international constitutionalism.

Many of the earliest books, particularly those dating back to the 1900s and before, are now extremely scarce and increasingly expensive. We are republishing these classic works in affordable, high quality, modern editions, using the original text and artwork.