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Showing 1 - 20 of 20 matches in All Departments
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.
Precedent is an important tool of judicial decision making and reasoning in common law systems such as the United States. Instead of having each court decide cases anew, the rule of precedent or stares decisis dictates that similar cases should be decided similarly. Adherence to precedent promotes several values, including stability, reliability, and uniformity, and it also serves to constrain judicial discretion. Yet while adherence to precedent is important, there are some cases where the United States Supreme Court does not follow it when it comes to constitutional reasoning. Over time the US Supreme Court under its different Chief Justices has approached rejection of its own precedent in different ways and at varying rates of reversal. This book examines the role of constitutional precedent in US Supreme Court reasoning. The author surveys the entire history of the US Supreme Court up until 2020, keying in on decisions regarding when it chose to overturn its own constitutional precedent and why. He explores how the US Supreme Court under its different Chief Justices has approached constitutional precedents and justified its reversal and quantifies which Courts have reversed the most constitutional precedents and why. Constitutional Precedent in US Supreme Court Reasoning is essential reading for law professors and students interested in precedent and its role in legal reasoning. Law libraries which will find this book of importance to their collections on legal reasoning and analysis.
Conceptual Tension: Essays on Kinship, Politics, and Individualism is a critical philosophical examination of the role of concepts and concept formation in social sciences. Written by Leon J. Goldstein, a preeminent Jewish philosopher who examined the epistemological foundations of social science inquiry during the second half of the twentieth century, the book undertakes a study of concept formation and change by looking at the four critical terms in anthropology (kinship), politics (parliament and Rousseau's concept of the general will), and sociology (individualism). The author challenges prevailing notions of concept formation and definition, specifically assertions by Gottlieb Frege that concepts have fixed, clear boundaries that are not subject to change. Instead, drawing upon arguments by R.G. Collingwood, Goldstein asserts that concepts have a historical dimension with boundaries and meanings that change with their use and context. Goldstein's work provides insight for philosophers, historians, political scientists, anthropologists, and Judaica scholars interested in the study and meaning of critical concepts within their fields.
Evicted! is a practical and critical look at the vulnerability of Americans' property rights to eminent domain abuse since the Supreme Court's 2005 Kelo decision. The 2005 Supreme Court decision Kelo v. City of New London, which upheld the taking of an individual's home by local government for the sake of private development, unleashed a firestorm of controversy. The backlash against eminent domain cuts across partisan, ideological, and racial lines, with 4 out of 5 Americans opposing Kelo. Critics of Kelo claim that it represents a radical departure in the law, putting every homeowner in jeopardy of dispossession by government at the service of corporate interests. But are property rights and eminent domain truly in mortal conflict? Written for general readers, property owners, and local government officials seeking to understand the implications of Kelo for eminent domain and property law, Evicted! cuts through all the hype and hysteria surrounding Kelo and argues that the alleged wave of eminent domain abuse is mostly a myth. Evicted! describes what property rights are, why the law protects them, and how eminent domain really works. Schultz shows that Kelo did not make new law but only broadened Supreme Court precedents, and he refutes claims that Kelo has opened the way to widespread eminent domain abuse. Nevertheless, the author identifies certain legislative changes that are needed at the local, state, and national levels to better protect individual property owners when corporate thugs and corrupt government officials occasionally gang up against them.
Since the end of World War II and the breakup of the Soviet Union in 1991, the United States has taken the lead in maintaining European security through its membership in NATO. However, the economic and political positions of both the United States and Europe have changed in the last seventy-five years, leading many to wonder if America is still willing and able to provide for Europe's security needs, especially at a time when the Russian Federation has become a more aggressive military and political player. Europe Alone explores the prospects of European security in a future when the United States may no longer be a reliable partner. Leading security scholars offer a multifaceted approach to the changing role and meaning of national security into the future. They look at European security issues from the perspective of small states and seek to broaden the concept of security beyond traditional domestic policing or national defense.
The 2020 US presidential race was one of the most hotly contested and contentious in recent American history. While the election produced the greatest turnout in American history and the highest percentage turnout in 60 years, the election still came down to a handful of swing states that ultimately decided the election. In their third edition of Presidential Swing States, Rafael Jacob and David Schultz examine the 2020 presidential election, keying in on the few critical states that actually decided the election and why. With cases studies written by prominent political scientists who are experts on these swing states, Presidential Swing States also explains why some states were swing states but no longer are, why some continue to be swing states, and what states beyond 2020 may be the future swing states that decide the presidency. The book contains in-depth case studies of the swing-states and swing-counties that decide presidential elections in the United States. Students in classes on American Politics and Government, Parties, Campaigns and Elections, State Politics, and the Presidency will all be well-served by the analyses in this volume, as will journalists reporting on presidential elections, and the general public.
This volume explores questions which emerge from considering the relationship between nature and ethics through philosophical, theological, ethical and environmental lenses. It will examine the nature (understood as essence or character) of ethics itself and whether nature (understood as natural world) has embedded in it a moral code, as well as examining how particular ethical/theological worldviews influence our treatment of nature. Is there an abstract, objective moral code in nature? If so, how do we gain access to this code of ethics? Is it only accessible through revelation, as in some religious traditions, or is this code of ethics more generally accessible to humanity? Indeed, does such an objective notion of ethics exist; could it be that ethics are a natural and subjective development? Is ethics a feature of nature, or have we invented it? There is, this volume might suggest, no consensus on these questions, as they at times divide and at times unite both the contributors to this volume and the bodies of scholarly work with which they engage. As time moves forward, investigations into ethics in the context of the relationship between humanity and nature have become more complex, taking account of advances in the natural sciences and a growing appreciation of nature. How are we to understand our relationship with nature, and how does this have implications for our understandings of ethics? Are we now realising the repercussions of our failure to take seriously our experience of climate change? This volume offers the reader a unique and underrepresented interdisciplinary perspective, from philosophers, theologians and environmentalists on the dynamic relationship between nature and ethics. It offers breadth in terms of the range of theoretical, cultural, philosophical and theological frameworks, but balances this with chapters providing an in-depth treatment of particular lenses, e.g. the work of Hegel, or the work of Gordon Kauffman. Through philosophical and theological investigation, these collected essays deepen and problematize the scientific and pragmatic discourses on nature, offering scholars solid resources to engage with some of the most pressing issues of our time in light of ongoing debates at many levels on dealing with climate change.
While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.
While numerous books and articles examine various aspects either of democratic theory or of specific topics in election law, there is no comprehensive book that provides a detailed and scholarly discussion of the political and democratic theory underpinnings of election law. Election Law and Democratic Theory fills this important gap, as author David Schultz offers a scholarly analysis of the political principles and democratic values underlying election law and the regulation of political campaigns and participants in the United States. The book provides the first full-length examination of the political theories that form the basis for many of the current debates in election law that structure both Supreme Court and scholarly considerations of topics ranging from campaign finance reform, voting rights, reapportionment, and ballot access to the rights of political parties, the media, and other players in the system. It challenges much of the current debate in election law and argues for more discussion and development of a democratic political theory to support and guide election law jurisprudence.
Provides an essential reference to an increasingly important and topical subject; Includes contributions from leading experts; Will appeal to both Law and Political Science.
Driven by the growing reality of international terrorism, the threats to civil liberties and individual rights in America are greater today than at any time since the McCarthy era in the 1950s. At this critical time when individual freedoms are being weighed against the need for increased security, this exhaustive three-volume set provides the most detailed coverage of contemporary and historical issues relating to basic rights covered in the United States Constitution. The Encyclopedia of Civil Liberties in America examines the history and hotly contested debates surrounding the concept and practice of civil liberties. It provides detailed history of court cases, events, Constitutional amendments and rights, personalities, and themes that have had an impact on our freedoms in America. The Encyclopedia appraises the state of civil liberties in America today, and examines growing concerns over the limiting of personal freedoms for the common good. Complete with selected relevant documents and a chronology of civil liberties developments, and arranged in A-Z format with multiple indexes for quick reference, The Encyclopedia of Civil Liberties in America includes in-depth coverage of: freedom of speech, religion, press, and assembly, as outlined in the first amendment; protection against unreasonable search and seizure, as outlined in the fourth amendment; criminal due process rights, as outlined in the fifth, sixth, seventh, and eighth amendments; property rights, economic liberties, and other rights found within the text of the United States Constitution; Supreme Court justices, presidents, and other personalities, focusing specifically on their contributions to or effect on civil liberties; concepts, themes, and events related to civil liberties, both practical and theoretical; court cases and their impact on civil liberties.
How much does money really matter in American politics? A first-of-its-kind reference book, this encyclopedia provides the most up-to-date research and analysis regarding how money affects American campaigns, elections, politics, and public policy. Some Americans have come to the conclusion that U.S. politics is dominated by money, that politicians are frequently if not routinely "bought and paid for," and that the only entities who wield political power are America's monied "elite" or powerful special interests like "big labor" or "Wall Street." But other American citizens believe that proposals to limit the influence of money in politics run counter to the free speech principles enshrined in the Constitution. This book will explores this compelling and controversial issue, examining where money in American politics comes from, where it goes, and the impact of all of those millions of dollars on American society. The entries objectively cover a breadth of major issues, organizations, individuals, court cases, and controversies surrounding the role of money in American politics, especially into the most recent events of the 21st century. Commentary by leading experts and scholars on American politics assess different aspects of how money is used for political purposes. The book explains the current state of knowledge about money in politics, including whether contributions and expenditures should be regulated; if so, how; and whether it even matters in terms of impact. While intended and written primarily for students at the high school and undergraduate levels, Money in American Politics: An Encyclopedia will also be of interest to general readers and experts looking to better understand how money affects campaigns, elections, and the making of law and policy in the United States.
Power & Choice offers an in-depth look into the nuances of politics through the analysis of collective choices for a group or state through the use of power. Organized topically and using extended case examples from around the world, Power & Choice provides undergraduate students with a clear and engaging introduction to political science and comparative politics. The 16th Edition has been updated to address the issues raised by the covid-19 pandemic, as well as the impact the Trump and Biden presidencies have had so far upon the world and its democracies, including challenges in states such as Hungary where illiberal democracy and nationalism are on the rise. The authors have also included discussion of the impact of the death of George Floyd upon race relations in America, and how issues such as growing inequality are impacting politics. This edition adds examination of women's economic development and the rising importance of LGBTQ issues globally.
The Andromeda Galaxy Messier s M31 has an almost romantic appeal. It is the most distant object and the only extragalactic object that is visible to the unaided human eye. Now known to be about 21/2 million light-years away, it appears in the sky to be several times the width of the full Moon under good seeing conditions. The Andromeda Galaxy and the Rise of Modern Astronomy examines the astronomical studies of Andromeda and its importance to our developing knowledge of the universe. The book discusses how M31 was described both by the Ancients, but more importantly, by astronomers from the nineteenth century to the present. While at the start of the twentieth century the universe was thought of as a finite cosmos dominated by the Milky Way, the study of Andromeda galaxy shattered that image, leading ultimately to the conception of an infinite universe of countless galaxies and vast distances. Even today, M31 is a major focal point for new astronomical discoveries, and it also remains one of the most popular (and rewarding) celestial objects for amateur astronomers to observe and study. This book reveals the little-known history of M31 and the scientists who study it. For all who are interested in astronomy, the skies, and perhaps even the origins of the universe, The Andromeda Galaxy and the Rise of Modern Astronomy provides a first-of-its-kind accessible, informative, and highly readable account of how the study and observation of this celestial object has driven the development of astronomy from ancient times to the present.
If you want to get into developing web sites, the most important thing you need is a solid understanding of Hypertext Markup Language, or HTMLthe language that the majority of web site content is written in. Beginning HTML with CSS and XHTML: Modern Guide and Reference incorporates practical examples that will show you how to structure your data correctly using (X)HTML, along with styling and layout basics using Cascading Style Sheets (CSS). Youll also learn how to add dynamic behavior to your data using the JavaScript language. This book is forward-thinking because all the featured code and techniques are standards-compliant and demonstrate best practicesso you won't waste time on outdated, bad techniques. Your web pages will work properly in most web browsers and be accessible to web users with disabilities, easily locatable with popular search engines, and compact in file size. Even if you already know HTML and CSS basics, this book will still be useful to you. It features comprehensive reference tables at the back, so you can look up all of the troublesome attributes, codes, and properties quickly and easily. Bruce Lawson and Gez Lemon acted as technical reviewers of Beginning HTML with CSS and XHTML. Bruce and Gez are active members of the Web Standards Project's Accessibility Task Force, and have helped ensure that the book follows guidelines and best practices.
Questions of ethics in public administration are increasingly in the news, where commentators seem too often detached from the sources of those ethics and their application to current political conflicts. American Public Service: Constitutional and Ethical Foundations examines public administration ethics as contextualized by constitutional, legal, and political values within the United States. Through case studies, hypothetical examples, and an easy-to-read discussion format, the authors explore what these values mean for specific duties of government managers and for the resolution of many contemporary issues confronting public sector officials. Key Features: * Describes the philosophical underpinnings of the Constitution and the Bill of Rights * Identifies the values that anchor and define what government and public administrators should do. * Indicates where these values fit into a framework for moral decision-making in the public sector, and how they apply to discussions of current controversies in public administration. * Written by authors with rich experience as both lawyers and academics in public administration programs.
Studienarbeit aus dem Jahr 2008 im Fachbereich Wirtschaft - Investition und Finanzierung, einseitig bedruckt, Note: 1,0, Hochschule f r Wirtschaft und Umwelt N rtingen-Geislingen; Standort N rtingen, 20 Quellen im Literaturverzeichnis, Sprache: Deutsch, Abstract: In dieser Arbeit wird dem Leser das Modell des Economic Value Added (EVA - von Stern Stewart) und dessen Eignung zur Unternehmensbewertung vorgestellt. Hierf r werden zun chst die Grundlagen des EVAs veraunschaulicht sowie dessen Weiterentwicklung um aus den EVAs einen Unternehmenswert zu berechnen. Auf die theoretischen Grundlagen folgt daraufhin ein praktisches Beispiel zur Unternehmenswertermittlung anhand einer fiktiven Gesellschaft (Automotive GmbH) f r das in der Ausgangssitutation Bilanz und GuV gegeben sind.
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