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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law
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Ecclesiastical Law; 3
(Hardcover)
Richard 1709-1785 Burn; Created by John 1735-1826 Adams, Boston Public Library) John Adams Lib
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R1,045
Discovery Miles 10 450
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The "superb" (The Guardian) biography of an American who stood
against all the forces of Gilded Age America to fight for civil
rights and economic freedom: Supreme Court Justice John Marshall
Harlan. They say that history is written by the victors. But not in
the case of the most famous dissenter on the Supreme Court. Almost
a century after his death, John Marshall Harlan's words helped end
segregation and gave us our civil rights and our modern economic
freedom. But his legacy would not have been possible without the
courage of Robert Harlan, a slave who John's father raised like a
son in the same household. After the Civil War, Robert emerges as a
political leader. With Black people holding power in the Republican
Party, it is Robert who helps John land his appointment to the
Supreme Court. At first, John is awed by his fellow justices, but
the country is changing. Northern whites are prepared to take away
black rights to appease the South. Giant trusts are monopolizing
entire industries. Against this onslaught, the Supreme Court seemed
all too willing to strip away civil rights and invalidate labor
protections. So as case after case comes before the court,
challenging his core values, John makes a fateful decision: He
breaks with his colleagues in fundamental ways, becoming the
nation's prime defender of the rights of Black people, immigrant
laborers, and people in distant lands occupied by the US. Harlan's
dissents, particularly in Plessy v. Ferguson, were widely read and
a source of hope for decades. Thurgood Marshall called Harlan's
Plessy dissent his "Bible"--and his legal roadmap to overturning
segregation. In the end, Harlan's words built the foundations for
the legal revolutions of the New Deal and Civil Rights eras.
Spanning from the Civil War to the Civil Rights movement and
beyond, The Great Dissenter is a "magnificent" (Douglas Brinkley)
and "thoroughly researched" (The New York Times) rendering of the
American legal system's most significant failures and most
inspiring successes.
The Colorado State Constitution provides an outstanding
constitutional and historical account of the state's governing
charter. It begins with an overview of Colorado's constitutional
history, and then provides an in-depth, section-by-section analysis
of the entire constitution, detailing important changes that have
been made since its drafting. This treatment, which includes a list
of cases, index, and bibliography, makes this guide indispensable
for students, scholars, and practitioners of the Colorado
constitution. The second edition includes an updated history of the
constitution that focuses on events and amendments that have
transformed the state in recent years including population growth,
background and interpretations of Colorado's complex and unique tax
revolt, known as TABOR, the state's extensive provisions for direct
democracy, the initiative, veto referendum, and recall of elected
officials. The Oxford Commentaries on the State Constitutions of
the United States is an important series that reflects a renewed
international interest in constitutional history and provides
expert insight into each of the 50 state constitutions. Each volume
in this innovative series contains a historical overview of the
state's constitutional development, a section-by-section analysis
of its current constitution, and a comprehensive guide to further
research. Under the expert editorship of Professor Lawrence
Friedman of New England Law School, Boson, this series provides
essential reference tools for understanding state constitutional
law. Books in the series can be purchased individually or as part
of a complete set, giving readers unmatched access to these
important political documents.
This innovative collection offers one of the first analyses of
criminologies of the military from an interdisciplinary
perspective. While some criminologists have examined the military
in relation to the area of war crimes, this collection considers a
range of other important but less explored aspects such as private
military actors, insurgents, paramilitary groups and the role of
military forces in tackling transnational crime. Drawing upon
insights from criminology, this book's editors also consider the
ways the military institution harbours criminal activity within its
ranks and deals with prisoners of war. The contributions, by
leading experts in the field, have a broad reach and take a truly
global approach to the subject.
Today more than one hundred small, asymmetric, and revolutionary
wars are being waged around the world. This book provides
invaluable tools for fighting such wars by taking enemy
perspectives into consideration. The third volume of a trilogy by
Max G. Manwaring, it continues the arguments the author presented
in "Insurgency, Terrorism, and Crime" and "Gangs,
Pseudo-Militaries, and Other Modern Mercenaries." Using case
studies, Manwaring outlines vital survival lessons for leaders and
organizations concerned with national security in our contemporary
world.
The insurgencies Manwaring describes span the globe. Beginning with
conflicts in Algeria in the 1950s and 1960s and El Salvador in the
1980s, he goes on to cover the Shining Path and its resurgence in
Peru, Al Qaeda in Spain, popular militias in Cuba, Haiti, and
Brazil, the Russian youth group Nashi, and drugs and politics in
Guatemala, as well as cyber warfare.
Large, wealthy, well-armed nations such as the United States have
learned from experience that these small wars and insurgencies do
not resemble traditional wars fought between geographically
distinct nation-state adversaries by easily identified military
forces. Twenty-first-century irregular conflicts blur traditional
distinctions among crime, terrorism, subversion, insurgency,
militia, mercenary and gang activity, and warfare.
Manwaring's multidimensional paradigm offers military and civilian
leaders a much needed blueprint for achieving strategic victories
and ensuring global security now and in the future. It combines
military and police efforts with politics, diplomacy, economics,
psychology, and ethics. The challenge he presents to civilian and
military leaders is to take probable enemy perspectives into
consideration, and turn resultant conceptions into strategic
victories.
The Common Law is Oliver Wendell Holmes' most sustained work of
jurisprudence. In it the careful reader will discern traces of his
later thought as found in both his legal opinions and other
writings. At the outset of The Common Law Holmes posits that he is
concerned with establishing that the common law can meet the
changing needs of society while preserving continuity with the
past. A common law judge must be creative, both in determining the
society's current needs, and in discerning how best to address
these needs in a way that is continuous with past judicial
decisions. In this way, the law evolves by moving out of its past,
adapting to the needs of the present, and establishing a direction
for the future. To Holmes' way of thinking, this approach is
superior to imposing order in accordance with a philosophical
position or theory because the law would thereby lose the
flexibility it requires in responding to the needs and demands of
disputing parties as well as society as a whole. According to
Holmes, the social environment--the economic, moral, and political
milieu--alters over time. Therefore in order to remain responsive
to this social environment, the law must change as well. But the
law is also part of this environment and impacts it. There is,
then, a continual reciprocity between the law and the social
arrangements in which it is contextualized. And, as with the
evolution of species, there is no starting over. Rather, in most
cases, a judge takes existing legal concepts and principles, as
these have been memorialized in legal precedent, and adapts them,
often unconsciously, to fit the requirements of a particular case
and present social conditions.
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