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Scholars and citizens alike have endlessly debated the proper limits of presidential action within our democracy. In this revised and expanded edition, noted scholar Phillip Cooper offers a cogent guide to these powers and shows how presidents from George Washington to Barack Obama have used and abused them in trying to realize their visions for the nation. As Cooper reveals, there has been virtually no significant policy area or level of government left untouched by the application of these presidential "power tools." Whether seeking to regulate the economy, committing troops to battle without a congressional declaration of war, or blocking commercial access to federal lands, presidents have wielded these powers to achieve their goals, often in ways that seem to fly in the face of true representative government. Cooper defines the different forms these powers take--executive orders, presidential memoranda, proclamations, national security directives, and signing statements--demonstrates their uses, critiques their strengths and dangers, and shows how they have changed over time. Cooper calls on events in American history with which we are all familiar but whose implications may have escaped us. Examples of executive action include, Washington's "Neutrality Proclamation"; Lincoln's Emancipation Proclamation; the more than 1,700 executive orders issued by Woodrow Wilson in World War I; FDR also issued the order to incarcerate Japanese Americans during World War II; Truman's orders to desegregate the military; Eisenhower's numerous national security directives. JFK's order to control racial violence in Alabama. As Cooper demonstrates in his balanced treatment of these and subsequent presidencies, each successive administration finds new ways of using these tools to achieve policy goals--especially those goals they know they are unlikely to accomplish with the help of Congress. A key feature of the second edition are case studies on the post-9/11 evolution of presidential direct action in ways that have drawn little public attention. It clarifies the factors that make these policy tools so attractive to presidents and the consequences that can flow from their use and abuse in a post-9/11 environment. There is an important new chapter on "executive agreements" which, though they are not treaties within the meaning of the U.S. Constitution and not subject to Senate ratification, appear in many respects to be rapidly replacing treaties as instruments of foreign policy.
This new book examines the House of Lords in both its Parliamentary and its judicial capacity. A total of 14 contributors discuss such important topics as the membership of the House,how the House compares with other second chambers in bicameral legislatures elsewhere, the role of the Lord Chancellor, the rules concerning discussion of sub judice matters and the stance taken by the Law Lords towards European Community law. At a time when the future of the House is once again under active consideration, the book serves to remind readers of the significance of the institution to the British constitution. It will be of interest to students of government and law as well as to practitioners in the field, including Parliamentarians and judges. The issues dealt with in this book go to the heart of how democracy manifests itself in the United Kingdom today.'. Contributors: Michael Rush, Nicholas Baldwin, Rodney Brazier, Paul Carmichael, Andrew Baker, Patricia Leopold, Gavin Drewry, Sir Louis Blom-Cooper, Brice Dickson, Barry Fitzpatrick, Anthony Bradney, Patricia Maxwell, Kenny Mullan, Simon Lee.
One of the promises of Brexit was to allow the UK to regain its legislative sovereignty from the EU. However, after Brexit, UK data protection law must remain in line with EU standards in order not to lose the adequacy status that allows personal data to be transferred from the EU. This circumstance generates tensions between the EU, which is committed to preserving its digital sovereignty by ensuring an adequate protection of personal data even beyond its borders, and the UK’s ambition to become a champion of the digital economy by adopting an innovative and pro-business legislation in the digital field. The book analyses the latest legal and policy developments in this context, focusing on data protection but also exploring its intersection with other related regulatory areas, such as artificial intelligence and online safety. Renowned international experts contextualise current regulatory trends and policy proposals to understand whether a new UK model in the field of digital regulation is emerging and to what extent this will exacerbate existing tensions between the UK and the EU. The book includes an accessible and detailed analysis of the major judicial decisions, laws, and current bills offering an invaluable guide to academics, practitioners, and policymakers navigating the complex issues of cross-border data protection post-Brexit.
In 2006 Philadelphia, graduate student Jonathan Love sued the organization that publishes the Law School Admissions Test. Love had attained average scores on the test, but claimed he should have been given extra time because he qualified as a person with a disability - and allowances provided by the Americans with Disabilities Act - due to Attention Deficit Hyperactivity Disorder. The case, which drew in author psychologist Michael Gordon as an expert witness for the defense, reached federal court and resulted in a precedent-setting ruling still as controversial as the disorder that triggered the trial. In this work, Gordon takes us into the courtroom and behind the scenes with attorneys and experts to look not only at this trial, but more than a dozen others that have involved ADHD or other psychiatric diagnoses, and the questions they raise, including what the real meaning of disability is, how malingering can be an issue with psychological disorders, and what the more far-reaching effects for the public can be if accommodations are provided to people who do not have a legally-defined disability. When does deference to an individual with a disorder like ADHD begin to invade the rights of the non-disabled? Controversy fills these pages, from discussion of ADHD and the debate over its justifiability as a disability to public reactions regarding the ruling in Love's case and others. Comparisons and contrasts are also raised between the Love trial and earlier cases involving people claiming psychological disabilities who fought actions by The National Board of Medical Examiners, United Airlines, Toyota Motor Manufacturing, the Georgia State Board of Veterinary Medicine, and other organizations. Do the decisions help or harm disability rights and people with disabilities? Gordon offers the insights not only of a psychologist, but a seasoned legal insider who has testified as an expert witness at many of the trials.
In this literary and accomplished collection of stories, Ahmed Essop presents entire worlds, and, at the same time, microcosmic glimpses into the complexities and ironies of life and human relationships.
Historically, prime-time television has devoted at least one-third of its programming to crime. The extreme popularity of crime shows continues unabated. From Law & Order to CSI, Americans are riveted by crime TV. Court TV and other cable channels produce true crime series, too, that take viewers through both current crimes and trials and cold cases. Yet, despite efforts in these shows to depict real investigative and legal techniques, chances are, viewers have questions about criminal procedure, legal issues, and related concerns. For instance, why do police get angry when a suspect just asks for a lawyer? Or, what's the difference between being an accomplice to a crime and being a conspirator? The Crime Junkie's Guide to Criminal Law is written specifically for the millions of crime junkies who make up the audiences for the variety of crime dramas, both real and fictional, that blaze across our screens night after night. The news media know that crime is inherently interesting because it involves things we all understand -- like passion, greed, revenge and the urge to make very close friends in prison. Television broadcasts and major magazines drip with salacious details about the infamous evildoings of the moment. From the sports to the style sections, newspaper headlines scream out reports of the latest celebrity picked up for one transgression or another. This one-of-a-kind book is an indispensable guide to criminal law that uses actual trials alongside plots and characters from popular television shows to illustrate criminal law issues like degrees of murder, the defense of intoxication, search warrants, insanity pleas, and the purposes of various pretrial hearings. Silver offersa concise, informative, and entertaining explanation of everything readers need to know to truly appreciate crime stories (real and fictional) and understand how criminal law really works.
This title undertakes an impartial, authoritative, and in-depth examination of the moral arguments and ideas behind the laws and policies that govern personal, corporate, and government behavior in the United States. This A–Z encyclopedia surveys the moral arguments that provide the foundation for many of the most important and/or divisive laws, policies, and beliefs that govern modern American society. The work discusses such controversial and important issues as abortion, civil rights, drugs and alcohol, euthanasia, guns, hate crimes, immigration, immunization, natural resource use and protection, prostitution, same-sex marriage, and workplace laws. In the process of surveying historical and current beliefs about appropriate legislative responses to these issues, this work will help readers to understand how conservative and liberal conceptions of justice, fairness, and morality are at the center of so many hot-button political and social issues in 21st century America. The essays featured in the volume cover wide-ranging and controversial topics related to constitutional and religious freedoms, crime and punishment, sexuality and reproduction, environmental protection and public health, national security and civil liberties, social welfare programs, and education.
Die verhaal van 'n wonder wat met 'n gesin gebeur het. Op 'n verlore spoorweghalte is stasiemeester Hendrick McDonald 'n teleurstelling vir sy vrou, Katrien. Sy loop bedags agter die huis en huil as sy dink niemand sien haar nie. Hulle dogter, Emma, kan nie meer klavier speel nie en is vasgevang in 'n saai liefdesverhouding. Hulle seun, Willem, praat twee jaar lank nie meer nie. En al vier maak asof niks verkeerd geloop het nie. Maar dan bring 'n sirkustrein vir Manuel die nar in hul lewens. Eers werk sy paljas met Willem, dan met hulle as gesin. Nou moet dit nog met 'n hele gemeenskap werk.
The Voice of the Violin by Andrea Camilleri is the fourth in the bestselling Inspector Montalbano series. The commissioner kept looking at him with an expression that combined contempt and commiseration, apparently discerning unmistakable signs of senile dementia in the inspector. "I'm going to speak very frankly, Montalbano. I don't have a very high opinion of you." "Nor I of you," the inspector replied bluntly. Montalbano's gruesome discovery of a naked young woman suffocated in her bed immediately sets him on a search for her killer. Among the suspects are her aging husband, a famous doctor; a shy admirer, now disappeared; an antiques-dealing lover from Bologna; and the victim's friend Anna, whose charms Montalbano cannot help but appreciate. But it is a mysterious, reclusive violinist who holds the key to this murder . . . The Voice of the Violin is followed by the fifth novel in this compelling mystery series, Excursion to Tindari.
Reflecting on the Fourth Restatement of the Foreign Relations Law, these essays provide a comprehensive survey of the most significant issues in contemporary U.S. foreign relations law. They review the context and assumptions on which that work relied, critique its analysis and conclusions, and explore topics left out of the published work that need research and development. Collectively the essays provide an authoritative study of the issues generating controversy today as well as those most likely to emerge in the coming decade. The book is organized in three parts. The first provides a historical context for the law of foreign relations from the beginning of the twentieth century to the present. The second and largest part looks at contested issues in foreign relations law today, from the status of international law as federal domestic law to presidential authority to make, unmake, and apply international agreements; and to the immunity of international organizations and foreign government officials from domestic lawsuits. The last part considers how foreign relations law might develop in the future as well as the difficulties raised by using the Restatement process as a way of contributing to the law's development. These essays for the most part concentrate on U.S. law, but the problems they face are common to all democratic republics that seek to reconcile international relations with the rule of law.
Study examines the nature of federal government by picturing its workings as a process in which the diversified elements that compose a federal state integrate and compromise their differences, rather than as a set of institutions and procedures whose operation is wholly determined by the legal norms and structures.
Here is an essential introductory guide on all aspects of law librarianship written especially for non-law librarians, library school students, and beginning law librarians. Although there are several excellent practical handbooks and numerous articles on specific topics of law librarianship for practicing law librarians, Basics of Law Librarianship is the only resource that addresses the information needs of the student or new law librarian. Author Deborah Panella, managing librarian of a large, prominent New York law firm, explores the major areas of law librarianship. She covers vital topics such as the legal clientele, collection development, research tools, technical services, impact of technology, and management issues, and describes what makes law libraries different from other special libraries. She has written a clear, readable volume without excessive detail or the use of special terminology. The bibliography of law library literature and the index add enormously to the book's value as a major reference.
No new parent expects their offspring’s childhood to be tainted by arrest or conviction. That only happens to other people’s kids, right? Wrong. In this compelling book, written by one of Britain’s top experts in youth justice, Aika Stephenson reveals the extraordinary cases she deals with daily. From the obviously vulnerable to the A-grade student from a stable upbringing, Just for Kids Law, the campaigning charity co-founded by Stephenson in 2007, has helped thousands of children and young people overcome the difficulties they face. Aika says: ‘Every day in my job is an adventure, a battle for justice, heart-breaking, and a joy. But very few people truly understand the law that dictates the lives of our young people, and I want to share that with the public – both the heart-warming successes and the shocking failures of the system.’ From playground mischief to issues with immigration status, from housing to those facing years behind bars for a crime their friend committed, this book lays bare what really goes on behind the scenes, from the police station through to the young offenders’ institution and everything in between. It is an important and revelatory book that confronts the issues that face all young people today.
Presented in a unique conversational style. Introductory and accessible for readers who are new to Lacanian ideas. Each chapter considers a specific aspect of life, ethics and psychoanalysis.
This book investigates how migration has been transformed into a security threat in Europe. It argues that this process has taken place through a self-fulfilling spiralling process, which involves different actors and their specific narratives, practices and policies. The book examines how situations stemming from the so-called ‘migration crisis’ in the European Union (EU) have been dealt with by governments and non-governmental organisations. It also considers how actors treating migration as an ordinary phenomenon rather than a threat and sharing inclusive narratives can create the conditions for decelerating and eventually stopping securitisation processes. Some chapters examine the spiralling of the securitisation of migration in depth, by analysing increases in securitisation, as well as cases characterised by resistance. Others focus on examining the consequences of socially constructing migration as a crisis for the EU’s relations with third countries. In sum, this book shows that there is a wide range of motives for which states and societies would benefit from a change in migration politics and move from the current management of a ‘crisis’ to a more positive governance of human mobility. It will be of interest to researchers and advanced students of sociology, politics, international relations, social and cultural anthropology, human geography, and social work. This book was originally published as a special issue of the Journal of Ethnic and Migration Studies.
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