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Books > Law > Laws of other jurisdictions & general law > Constitutional & administrative law > General
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.
Examines the outsized influence of jurors on prosecutorial
discretion Thanks to television and popular media, the jury is
deeply embedded in the American public's imagination of the legal
system. For the country's federal prosecutors, however, jurors have
become an increasingly rare sight. Today, in fact, less than 2% of
their cases will proceed to an actual jury trial. And yet, when
federal prosecutors describe their jobs and what the profession
means to them, the jury is a central theme. Anna Offit's The
Imagined Juror examines the counterintuitive importance of jurors
in federal prosecutors' work at a moment when jury trials are
statistically in decline. Drawing on extensive field research among
federal prosecutors, the book represents "the first ethnographic
study of US attorneys," according to legal scholar Annelise Riles.
It describes a world of legal practice in which jurors are
frequently summoned-as make-believe audiences for proposed
arguments, hypothetical evaluators of evidence, and invented
decision-makers who would work together to reach a verdict. Even
the question of moving forward with a prosecution often hinges on
how federal prosecutors assume a jury will react to elements of the
case-an exercise where the perspectives of the public are imagined
and incorporated into every stage of trial preparation. Based on
these findings, Offit argues that the decreasing number of jury
trials at the federal level has not eliminated the influence of the
jury but altered it. As imaginary figures, jurors continue to play
an important and understudied role in shaping the work and
professional identities of federal prosecutors. At the same time,
imaginary jurors are not real jurors, and prosecutors at times
caricature the public by leaning on stereotypes or preconceived and
simplistic ideas about how laypeople think. Imagined jurors, it
turns out, are a critical, if flawed, resource for introducing lay
perspective into the legal process. As Offit shows, recentering
laypeople and achieving the democratic promise of our legal system
will require renewed commitment to the jury trial and juries that
reflect the diversity of the American public.
As is true in most aspects of daily life, the expansion of
government in the modern era has included a move to a
technologically-based system. A method of evaluation for such
online governing systems is necessary for effective political
management worldwide. Proliferation of Open Government Initiatives
and Systems is an essential scholarly publication that analyzes
open government data initiatives to evaluate the impact and value
of such structures. Featuring coverage on a broad range of topics
including collaborative governance, civic responsibility, and
public financial management, this publication is geared toward
academicians and researchers seeking current, relevant research on
the evaluation of open government data initiatives.
This book explains how the People of Puerto Rico managed to adopt a
constitution whose content and process were both original and
colonialist, participatory and undemocratic, as well as progressive
and anticlimactic. It looks in detail at the rich contradictions of
the Puerto Rican constitutional experience, focusing on the history
and content of the 1952 Constitution. This constitution is the only
constitutional document written by the Puerto Rican People
themselves after more than 500 years of Spanish and US colonialism.
By exploring Puerto Rico's unique history and constitutional
experience the book shines a spotlight on key emerging themes of
comparative constitutional studies in this area: state
constitutionalism, the persistence of colonial relationships in the
Caribbean, and the continued development of constitutionalism in
Latin America. The book delves deep into the particular experience
of Puerto Rican constitutionalism which combines elements of
colonialism, democratic tensions, and progressive policies. It
explains how these features converge in a constitutional project
that has endured for 70 years and continues its contradictory
development. It considers issues such as the island's colonial
history, including its conflicting relationship with democratic
values and the constant presence of social movements and their
struggles. It also explores the content of the 1952 Constitution,
focusing on its progressive substantive policy, particularly its
rights provisions, its amendment procedures, and the governmental
structure it set up.
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.
As business becomes more globalized and developed within the era of
the internet, marketing activities are affected by evolving
technologies. Challenges arise in addressing the issues of
cross-policy and cross-border business in the digital age. Internet
Taxation and E-Retailing Law in the Global Context provides
emerging research on the methods and approaches to determining the
appropriate tax policies for e-retailers within the global
framework. While highlighting topics such as cross-border taxation,
digital economy, and online management, this publication explores
the developing avenues of online financial analysis and taxation.
This book is an important resource for business leaders, financial
managers, investors, consumers, researchers, and professionals
seeking current research on the different issues surrounding online
business and e-commerce from an international standpoint.
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