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Since at least the time of Justinian—under statutes, codes of judicial ethics, and the common law—judges have been expected to recuse themselves from cases in which they might have a stake. Thesame holds true for the justices of the US Supreme Court. For instance, there were calls for Ruth Bader Ginsburg and ElenaKagan, both of whom had officiated at gay weddings, to recuse themselves from the recent marriage equality case, Obergefell v.Hodges. Even a case like this, where no justice bowed out, reveals what a tricky ethical issue recusal can be. But as Louis J.Virelli demonstrates in this provocative work, recusal at the Supreme Court also presents questions of constitutional power. Disqualifying the High Court shows that our current understanding of how and when justices should recuse themselves is at odds with our constitutional design. Viewing recusal through a constitutional lens, Virelli reveals new and compelling information about how justices should decide recusal questions and, in turn, how our government should function morebroadly. Along the way he traces the roots and development of federal recusal law in America from as early as the Roman Empire up to the present day. The Supreme Court’s unique place at the top of the judicial branch protects the justices from some forms of congressional interference. Virelli argues that constitutional law, in particular the separation of powers, prohibits Congress from regulating the recusal practices of the Supreme Court. Instead thosedecisions must be left to the justices themselves, grounded in principles of due process—assuring parties fair treatment bythe judicial system—and balanced against the justices’ rights to free speech. Along with the clarity it brings to this highly controversial issue, Virelli’s work also offers insight into constitutional problems presented by separation of powers. It will inform our evolving understanding of theory and practice in the American judicialsystem.
If, as many allege, attacking the gap between rich and poor is a form of class warfare, then the struggle against income inequality is the longest running war in American history. To defenders of the status quo, who argue that the accumulation of wealth free of government intervention is an essential feature of the American way, this book offers a forceful answer. While many of those who oppose addressing economic inequality through public policy today do so in the name of freedom, Clement Fatovic demonstrates that concerns about freedom informed the Founding Fathers’ arguments for public policy that tackled economic disparities. Where contemporary arguments against such government efforts conceptualize freedom in economic terms, however, those supporting public policies conducive to greater economic equality invoked a more participatory, republican, conception of freedom. As many of the Founders understood it, economic independence, which requires a wide if imperfect distribution of property, is a precondition of the political independence they so profoundly valued. Fatovic reveals a deep concern among the Founders—including Thomas Jefferson, Thomas Paine, and Noah Webster—about the impact of economic inequality on political freedom. America’s Founding and the Struggle over Economic Inequality traces this concern through many important political debates in Congress and the broader polity that shaped the early Republic—debates over tax policies, public works, public welfare, and the debt from the Revolution. We see how Alexander Hamilton, so often characterized as a cold-hearted apologist for plutocrats, actually favored a more progressive system of taxation, along with various policies aimed at easing the economic hardship of specific groups. In Thomas Paine, frequently portrayed as an advocate of laissez-faire government, we find a champion of a comprehensive welfare state that would provide old-age pensions, public housing, and a host of other benefits as a matter of “right, not charity.” Contrary to the picture drawn by so many of today’s pundits and politicians, this book shows us how, for the first American statesmen, preventing or minimizing economic disparities was essential to the preservation of the new nation’s freedom and practice of self-government.
How should we proceed with advanced research of humanities and social sciences in collaboration? What are the pressing issues of this new trend in a cataclysmic time for civilization? This book, originated with a Japan Society for the Promotion of Science (JSPS) Topic-Setting Program, addresses these challenging questions in four parts for innovating twenty-first-century humanities and social sciences. It broadens the horizon for reviewing multi-disciplinary landscapes of risks and regulation of new technologies by focusing on paradigmatic cases from the fields of life and environment. Here, genome editing for reproductive treatment and renewable energy under the constraint of climate change in Japanese and global contexts are involved. The volume comprises a combination of topics and aspects such as public policy and philosophy of science, medicine and law, climate ethics, and the economics of electricity. This edited collection will thus motivate forward-thinking readers across the diverse spectrum of social sciences and humanities to survey themes of their own interests in multi-disciplinary studies. In so doing, they can explore the evolving frontiers of those disciplines and the depths of individual contributions by experts in philosophy, ethics, law, economics, and science, technology, and society (STS), including bioscience.
This book asks the crucial question of how it came to pass that on the 25 May 2018, the Irish electorate voted by a landslide in favour of changing its abortion legislation that, for the previous thirty-five years, had been one of the most restrictive regimes in Europe. The author shows how, alongside traditional campaigning tactics such as street demonstrations, door-to-door canvassing, and the distribution of pro-choice merchandise and information leaflets, a key strategy of pro-choice advocacy groups was to encourage first-person abortion story-sharing by women in their efforts to repeal the Eighth Amendment, which had effectively banned abortion provision in the country. The book argues that a normalizing of abortion talk took place in the lead-up to the referendum, with women speaking publicly in unprecedented numbers about their abortion histories. These women storytellers were mirroring certain pro-choice movements in other contexts, where a new 'sound it loud, say it proud' narrative around abortion experiences has emerged as a central contemporary strategy for destigmatizing abortion discourse. Students and scholars across a range of disciplines, including law, gender studies, sociology, and human geography, will find this book of interest.
Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
We live in a world in which courts crucially shape public policy
through constitutional adjudication. This is a book written for
that world. It brings together a group of distinguished scholars
from many disciplines to examine the Supreme Court's recent
decision that statutes prohibiting doctors from helping their
patients commit suicide may be constitutional. It offers a guide to
that decision and to the larger issues it raises for citizens and
scholars alike. It asks everyone's first question: What does the
decision mean for today and tomorrow? It asks the lawyer's
question: Is the Supreme Court's reasoning clear and convincing? It
asks the doctor's question: How will the decision affect the
decisions physicians make with their patients? It asks the
ethicist's question: Will the decision conduce to wise and just
decisions at the end of life? It asks the historian's question: How
are we to understand the Court's work in light of our disturbing
national experience with euthanasia? Ultimately, it asks the
questions citizens need to ask in our new world: Is constitutional
adjudication a good way to make public policy? Are courts well
equipped--with experience, with doctrine, with wisdom--to make good
policy? What role should courts have in making policy in a
democracy? Has the Supreme Court made good public policy? What is
the right policy for law at the end of life?
Title 42 presents regulations that apply to: medical personnel; medical care and examinations; health related grants; fellowships, internships, and training; quarantine, inspection, and licensing; occupational safety and health research; health assessments; vaccines; Medicare and medical assistance programs; and standards and certification of facilities and services. Additions and revisions to this section of the code are posted annually by October. Publication follows within six months.
When it adopted a new constitution in 1969, the Seminole Nation was the first of the Five Tribes in Oklahoma to formally reorganize its government. In the face of an American legal system that sought either to destroy its nationhood or to impede its self-government, the Seminole Nation tenaciously retained its internal autonomy, cultural vitality, and economic subsistence. Here, L. Susan Work draws on her experience as a tribal attorney to present the first legal history of the twentieth-century Seminole Nation. Work traces the Seminoles' story from their removal to Indian Territory from Florida in the late nineteenth century to the new challenges of the twenty-first century. She also places the history of the Seminole Nation within the context of general Indian law and policy, thereby revealing common threads in the legal struggles and achievements of the Five Tribes, including their evolving relationships with both federal and state governments. As Work amply demonstrates, the history of the Seminole Nation is one of survival and rebirth. It is a dramatic story of an Indian nation overcoming formidable obstacles to move forward into the twenty-first century as a thriving sovereign nation.
Title 40 presents regulations governing care of the environment from the 14 subchapters of Chapter I and from the provisions regarding the Council on Environmental Quality found in Chapter V. Programs addressing air, water, pesticides, radiation protection, and noise abatement are included. Practices for waste and toxic materials disposal and clean-up are also prescribed. Additions and revisions to this section of the code are posted annually by July. Publication follows within six months.
Title 20 presents regulations promulgated by the Department of Labor, Railroad Retirement Board, and the Social Security Administration to govern employees' benefits. These include workers' compensation programs, employment and training, and veterans' services. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.
smarTEST Prep: Guide to LSAT Logic Games presents a standardized and methodical approach to conquering the Logic Games section of the LSAT. This book helps readers to understand the fundamentals of logic games and how to properly diagram their solutions. Featuring innovative strategies to increase your score, step-by-step guides to accurate diagrams, and twenty-three original and challenging practice games, the book will help every reader feel prepared on test day.
Proverbs from various African countries, arranged according to theme.
Title 20 presents regulations promulgated by the Department of Labor, Railroad Retirement Board, and the Social Security Administration to govern employees' benefits. These include workers' compensation programs, employment and training, and veterans' services. Additions and revisions to this section of the code are posted annually by April. Publication follows within six months.
Although freedom of speech is regarded as a bedrock principle of American constitutionalism, the Supreme Court did not recognize it as a fundamental right worthy of strong constitutional protection until the middle of the 20th century. This work focuses on the core doctrines that constitute free speech jurisprudence. It provides a historical evolution of the doctrine and examines the key Supreme Court decisions affecting it. This volume gives readers an analytical framework for understanding free speech jurisprudence. It takes a fresh approach to free speech methodology by breaking it into two accessible parts: substantive doctrines and procedural doctrines. This work includes informative background chapters on the history and theory of free expression. It also looks at the Supreme Court's struggle with subversive advocacy and its importance in protecting free speech.
Provides a system to help professionals embrace and even welcome conflict with coworkers, bosses, clients, and others, by introducing the PLAY NICE sandbox strategy for dealing with conflict in a post-pandemic world. The workplace landscape has shifted dramatically since COVID19 struck. Nearly two-thirds of all employees now work from home–– which many corporate executives indicate is a shift that may be permanent. The $359 billion annual cost of corporate conflict has shifted along with it. In fact, that number pales in comparison to conflict costs post-pandemic, even despite remote working. According to our post-pandemic original research, insecurity, conflicting values, and resistance to change are fueling the high stress of interpersonal relationships at work and beyond. Employees struggle with remote work arrangements, the health crisis, and the eroded trust while working in isolation. For these employees and managers alike, the conflict situation adds a whole new layer of complexity. A toolkit to “play nice” in this new workplace sandbox is essential for all involved, as companies seek economic viability to rebuild their diminished workforce. Sandbox Strategies for the New Workplace provides a system to help professionals embrace and even welcome conflict with coworkers, bosses, clients, and others. As a workplace-relationships expert helping remote and on-site teams resolve conflict for the last couple of decades, Penny Tremblay learned that there’s only one way through conflict and that’s through it. To help work teams, Penny designed eight proven strategies to help people become responsible, influential, and productive problem solvers. According to her organic research on the effects of COVID on workplace conflict, over 550 global respondents indicated these trends in workplace conflict. • Conflicting values, resistance to change, and personal insecurities are driving workplace conflict today. • Although communication and trust of managers have increased since COVID, more and more people hesitate to speak up due to political divisions and fear of labels. • A feeling of being excluded, isolated, and unprepared to manage personal and professional priorities heightens stress and leads to even more conflict.
The book seeks to address the intersection of food organics and the emergence of a new contractualism between producers, distributors and consumers, and between nation states. Additionally, it seeks to cater to the needs of a discerning public concerned about how its own country aims to meet their demands for organic food quality and safety, as well as how they will benefit from integration in the standard-setting processes increasingly occurring regionally and internationally. This edited volume brings together expert scholars and practitioners and draws on their respective insights and experiences in the field of organics, food and health safety. The book is organized in three parts. Part I outlines certain international perspectives; Part II reflects upon relevant histories and influences and finally, Part III examines the organic food regulatory regime of various jurisdictions in the Asia Pacific.
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