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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
This forward-thinking book examines numerous features in the
European Union (EU) legal system that serve to reduce legal
uncertainty in the preliminary reference procedure and the rulings
of the Court of Justice. Drawing on theories from legal realist
Karl Llewellyn, legal steadying factors such as legal doctrine and
interpretative techniques are reviewed alongside the primary focus
of this book, extra-legal steadying factors. As well as focusing on
the contribution made by judges' legal backgrounds, John Cotter
also investigates the role of the balance between institutional and
personal independence and accountability. He further applies Karl
Llewellyn's approach and re-models it into a European setting,
identifying the EU legal system features that assist in promoting
decisional steadiness in the preliminary reference procedure.
Exploring also the significance of procedural rules and practices
at the Court of Justice in steadying outcomes, this book will be an
excellent resource for scholars of the EU legal system. Its
analysis of the role of factors that steady the rulings of the
Court of Justice of the European Union will also make this a useful
read for legal theorists interested in examining the factors that
influence judicial decision-making.
More than the story of one man's case, this book tells the story of
entire generations of people marked as "mixed race" in America amid
slavery and its aftermath, and being officially denied their
multicultural identity and personal rights as a result. Contrary to
popular misconceptions, Plessy v. Ferguson was not a simple case of
black vs. white separation, but rather a challenging and complex
protest for U.S. law to fully accept mixed ancestry and
multiculturalism. This book focuses on the long struggle for
individual identity and multicultural recognition amid the
dehumanizing and depersonalizing forces of American Negro
slavery-and the Anglo-American white supremacy that drove it. The
book takes students and general readers through the extended
gestation period that gave birth to one of the most oft-mentioned
but widely misunderstood landmark law will cases in U.S. history.
It provides a chronology, brief biographies of key figures, primary
documents, an annotated bibliography, and an index all of which
provide easy reading and quick reference. Modern readers will find
the direct connections between Plessy's story and contemporary
racial currents in America intriguing.
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.
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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