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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
Recent U.S. elections have defied nationwide majority preference at
the White House, Senate, and House levels. This work of
interdisciplinary scholarship explains how ''winner-take-all'' and
single-member district elections make this happen, and what can be
done to repair the system. Proposed reforms include the National
Popular Vote interstate compact (presidential elections);
eliminating the Senate filibuster; and proportional representation
using Ranked Choice Voting for House, state, and local elections.
This timely analysis of election law and politics outlining key
structural election reforms combines distinct analysis of
presidential, Senate, and U.S. House elections reforms, while also
addressing reforms at the state and local government level. The
author argues for fundamental structural changes to U.S. elections
like Proportional Representation and Ranked Choice Voting, without
requiring any constitutional amendments. Analysis of recent
political developments such as progress on the National Popular
Vote Interstate Compact, the adoption of Ranked Choice Voting
state-wide in Maine, and the 2018 Supreme Court gerrymandering
cases add real-world relevance and applicability. This sharp
examination of a flawed system is vital reading for students and
scholars involved in election law and political science, and is
approachable enough for lay readers interested in politics and
reform as well. 'Rethinking US Election Law is a timely,
well-written argument in favour of electoral reform in the United
States. It advances achievable solutions that could go a long way
towards solving the country's current democratic breakdown, and is
an excellent read for anyone interested in ''unskewing the
system''.' - Erica Frazier, LSE Review 'Steven Mulroy's Rethinking
US Election Law is a concise and refreshing book on US election
law. The book takes the reader on a tour through the various and
profound shortcomings of the country's reliance on single-member
districts (SMDs) and demonstrates that, so long as these SMDs
remain the principal building block of US elections, little can be
done to resolve the many ailments that afflict the process. It is a
powerful, thoughtfully-reasoned and clearly-written argument in
favor of electoral reform.. . . Mulroy offers a compelling argument
for electoral reform that should be required reading for the next
redistricting cycle or for any undergraduate class on voting rights
and redistricting. Even the most skeptical critic would have
difficulty refuting his analysis.' - American Political Science
Association 'Exceptionally well written, organized and presented,
Rethinking US Election Law is a seminal work of outstanding
scholarship that is as thoughtful as it is thought-provoking. . .
(it) is an especially and unreservedly recommended addition to
community, academic, governmental Contemporary Political Science
collections and supplemental studies reading lists for students,
academia, political activists, and non-specialist general readers
with an interest in the subject.' - John Taylor, Midwest Book
Review
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Human rights are at a crossroads. This book considers how these
rights can be reconstructed in challenging times, with changes in
the pathways to the realization of human rights and new
developments in human rights law and policy, illustrated with case
studies from Africa, Europe, and the Americas. Contesting Human
Rights traces the balance between the dynamics of diffusion,
resistance and innovation in the field. The book examines a range
of issues from the effectiveness of norm-promotion by advocacy
campaigns to the backlash facing human rights advocates. The expert
contributors suggest that new opportunities at and below the state
level, and creative contests of global governance, can help
reconstruct human rights in the face of modern challenges. Critical
case studies trace new pathways emerging in the United Nations'
Universal Periodic Review, regional human rights courts,
constitutional incorporation of international norms, and human
rights cities. With its innovative approach to human rights and
comprehensive coverage of global, national and regional trends,
Contesting Human Rights will be an invaluable tool for scholars and
students of human rights, global governance, law and politics. It
will also be useful for human rights advocates with a keen interest
in the evolution of the human rights landscape. Contributors
include: G. Andreopoulos, C. Apodaca, P.M. Ayoub, A. Brysk, P.
Elizalde, A. Feldman, M. Goodhart, C. Hillebrecht, P.C. McMahon, S.
Meili, M. Mullinax, A. Murdie, B. Park, W. Sandholtz, M. Stohl
Renmin Chinese Law Review, Volume 7 is the seventh work in a series
of annual volumes on contemporary Chinese law which bring together
the work of well-known scholars from China, offering an insight
into current legal research in China. Volume 7 delivers new
insights into a wide range of topics including compulsory
commercial insurance systems, injurious acts in competitive sports,
the trust mechanism in private law, and justification on local rule
of law. Distinguished contributors also consider the regulation of
performance requirements, the mode of criminal proof, and the
meaning of silence in civil and commercial interactions as well as
a number of other pertinent developments in Chinese law. Containing
a diverse and contemporary collection of work, this study will
appeal to academics and governmental professionals working in the
fields of Chinese law, society, and politics in addition to members
of diplomatic communities. Contributors include: G. Chen, M. Gu, L.
Han, Y. Jin, Q. Liu, W. Luo, F. Ni, Y. Qian, Y. Shi, G. Sun, R.
Sun, L. Wang, H. Xu
Timely and incisive, this book offers a critical insight into the
legal structure of EU development cooperation policy, exploring the
innate complexities that give rise to legal challenges in this
crucial area of EU external action. Investigating the interaction
between the key tenets of coherence and conferral, Dr. Tina Van den
Sanden assesses how the Union's legal framework affects the
attainment of its development cooperation objectives. Demonstrating
the inherent tension between the central principle of conferral,
which restricts the Union's legal competences to the boundaries
established within its Treaties, and the need for coherence, this
ambitious book provides an insightful analysis of EU development
cooperation policy. Chapters further scrutinise the legal scope of
such policy and its delimitation with closely linked policy areas
of environment, the common commercial policy (CCP), and the common
foreign and security policy (CFSP); establish the division of
competences and cooperation between the Union and its Member
States; and evaluate the management of the institutional division
of competences between different EU actors. The book concludes with
an assessment of whether the Union's legal, constitutional, and
institutional structures are equipped to meet and support its own
development cooperation aims. Both legal scholars and practitioners
interested in EU external relations law will benefit from this
book's comprehensive analysis of the underlying legal frameworks
that form and influence EU development cooperation policy.
This is a concise and accessible introduction to fundamental rights
in Europe from the perspectives of history, theory and an analysis
of European jurisprudence. Taking a multidisciplinary approach, the
book equips readers with the tools to understand the foundations
and the functioning of this complex and multi-layered topic. Key
Features: A combination of historical and philosophical approaches
with analysis of significant legal cases A multidisciplinary
outlook, in contrast to the strict legal approach of most textbooks
on the subject A European perspective which refers throughout to
central European values such as freedom, equality, solidarity and
dignity A specific focus on fundamental rights, which have received
less attention in the fields of legal history and theory in
comparison to human rights This textbook will be an important
resource for both undergraduate and postgraduate students in law,
philosophy and political science. It will be particularly useful to
those studying the law of fundamental rights or human rights as a
complement to more traditional legal approaches.
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