Lighting the Way: Federal Courts, Civil Rights, and Public Policy, Douglas Rice
Автор: Cass R. Sunstein Название: The Ethics of Influence ISBN: 1107140706 ISBN-13(EAN): 9781107140707 Издательство: Cambridge Academ Рейтинг: Цена: 3800.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Cass R. Sunstein, the eminent legal scholar and best-selling co-author of Nudge (2008), breaks new ground with The Ethics of Influence: Government in the Age of Behavioral Science, an investigation of ethical issues surrounding government nudges, choice architecture, and the constraints and responsibilities of an ethical state.
Описание: A controversial argument for reconsidering the limits of free speech
Swirling in the midst of the resurgence of neo-Nazi demonstrations, hate speech, and acts of domestic terrorism are uncomfortable questions about the limits of free speech. The United States stands apart from many other countries in that citizens have the power to say virtually anything without legal repercussions. But, in the case of white supremacy, does the First Amendment demand that we defend Nazis?
In Must We Defend Nazis?, legal experts Richard Delgado and Jean Stefancic argue that it should not. Updated to consider the white supremacy demonstrations and counter-protests in Charlottesville and debates about hate speech on campus and on the internet, the book offers a concise argument against total, unchecked freedom of speech.
Delgado and Stefancic instead call for a system of free speech that takes into account the harms that hate speech can inflict upon disempowered, marginalized people. They examine the prevailing arguments against regulating speech, and show that they all have answers. They also show how limiting free speech would work in a legal framework and offer suggestions for activist lawyers and judges interested in approaching the hate speech controversy intelligently.
As citizens are confronting free speech in contention with equal dignity, access, and respect, Must We Defend Nazis? puts aside cliches that clutter First Amendment thinking, and presents a nuanced position that recognizes the needs of our increasingly diverse society.
Описание: Courts of Appeals were designed to be a unifying force in American law and politics, but they also contribute to decentralization and regionalization of federal law. Woodford Howard studies three aspects of this problem: first, what binds the highly decentralized federal courts into a judicial system; second, what controls the discretion of judges
Описание: The volume grows out of the realization that constitutional and political developments in the West pose a serious challenge to the traditional conceptual framework of federalist scholarship. Despite the surge of interest that followed the groundbreaking work of Carl Joachim Friedrich and, more recently, Murray Forsyth, the concepts of federation and federalism have remained under-theorized. Federalist theorists have, for the most part, defined their object by opposition to the unitary state. As a result, they have not developed normative theories of federalism, relying instead on functional-ist models to understand federal phenomena. The dominance of functionalist methodologies is det-rimental to federalist scholarship because it obscures the specificity of federalism by reducing it to a simple means of governance. The proposed volume offers the first systematic and comprehensive treatment of the foundations of federalism. It develops novel perspectives on the core problems of traditional federalist theory and explores new departures in federalist theory and federal power-sharing. At a time when the ways we order public life have become issues of considerable theoretical and political interest, the proposed volume promises to fill an urgent need.
Название: Controversies in american federalism and public policy ISBN: 1138036641 ISBN-13(EAN): 9781138036642 Издательство: Taylor&Francis Рейтинг: Цена: 6123.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection examines how the constitutional politics of federalism affects governments and citizens from a public policy standpoint. It addresses the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law.
Human rights based budget analysis projects have emerged at a time when the United Nations has asserted the indivisibility of all human rights and attention is increasingly focused on the role of non-judicial bodies in promoting and protecting human rights. This book seeks to develop the human rights framework for such budget analyses, by exploring the international law obligations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) in relation to budgetary processes. The book outlines international experiences and comparative practice in relation to economic and social rights budget analysis and budgeting.
The book sets out an ICESCR-based methodology for analysing budget and resource allocations and focuses on the legal obligation imposed on state parties by article 2(1) of ICESCR to progressively realise economic and social rights to 'the maximum of available resources'. Taking Northern Ireland as a key case study, the book demonstrates and promotes the use of a 'rights-based' approach in budgetary decision-making.
The book will be relevant to a global audience currently considering how to engage in the budget process from a human rights perspective. It will be of interest to students and researchers of international human rights law and public law, as well as economic and social rights advocacy and lobbying groups.
Автор: Kochenov Название: EU Citizenship and Federalism ISBN: 1107072700 ISBN-13(EAN): 9781107072701 Издательство: Cambridge Academ Рейтинг: Цена: 16632.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This definitive collection examines the foundational importance of citizenship rights in delimiting the scope of EU legislation. Leading experts in EU constitutional law establish an innovative framework that locates these rights beyond the context of the internal market and free movement, outlining key options for a Europe of the future.
Название: Controversies in American Federalism and Public Policy ISBN: 113803665X ISBN-13(EAN): 9781138036659 Издательство: Taylor&Francis Рейтинг: Цена: 23734.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: This collection examines how the constitutional politics of federalism affects governments and citizens from a public policy standpoint. It addresses the impact that Supreme Court federalism precedents have in setting the parameters of national law and policies that the states are often bound to respect under constitutional law.
Описание: This book addresses hegemonic ruling class masculinity and emphasized femininity within renewables organisational governance, and critiques Anglo-Celtic male privilege, as a barrier to women`s leadership participation.
Описание: It is commonly asserted that bills of rights have had a 'righting' effect on the principles of judicial review of administrative action and been a key driver of the modern expansion in judicial oversight of the executive arm of government. A number of commentators have pointed to Australian administrative law as evidence for this 'righting' hypothesis. They have suggested that the fact that Australia is an outlier amongst common law jurisdictions, in having neither a statutory nor a constitutional framework to expressly protect human rights, explaining why Australia alone continues to take an apparently 'formalist, ' 'legalist' and 'conservative' approach to administrative law. Other commentators and judges, including a number in Canada, have argued the opposite: that bills of rights have the effect of stifling the development of the common law. However, for the most part, all of these claims remain just that as there has been limited detailed analysis of the issue, and no detailed comparative analysis of the claims' veracity. This book analyzes in detail administrative and human rights law in Australia and Canada, arguing that both jurisdictions have reached remarkably similar positions regarding the balance between judicial and executive power, and between broader fundamental principles, including the rule of law and the separation of powers. It will provide valuable reading for all those researching judicial review and human rights. Revised Dissertation. (Series: Hart Studies in Comparative Public Law, Vol. 16) Subject: Public Law, Human Rights Law, Comparative Law, Administrative Law
Название: Law and Gender in Modern Ireland ISBN: 1509917217 ISBN-13(EAN): 9781509917211 Издательство: Bloomsbury Academic Рейтинг: Цена: 20592.00 р. Наличие на складе: Есть у поставщика Поставка под заказ.
Описание: Law and Gender in Modern Ireland: Critique and Reform is the first generalist text to tackle the intersection of law and gender in this jurisdiction for over two decades. As such, it could hardly have come at a more opportune moment. The topic of law and gender, perhaps more so than at any other time in Irish history, has assumed a dominant place in political and academic debate. Among scholars and policy-makers alike, the regulation of gendered bodies, and the legal status of sexual and gendered identities, is now a highly visible fault line in public discourse. Debates over reproductive justice (exemplified by the recent referendum to remove the ‘8th Amendment’), increased rights for lesbian, gay, bisexual and transgender persons (including the public-sanctioned introduction of same-sex marriage) and the historic mistreatment of women and young girls have re-shaped Irish public and political life, and encouraged Irish society to re-examine long-unchallenged gender norms. While many traditional flashpoints remain such as abortion and prostitution/sex work, there are also new questions, including surrogacy and the gendered experience of asylum frameworks, which have emerged. As policy-makers seek to enact reforms, they face a population with increasingly polarised perceptions of gender and a legal structure ill-equipped for modern realities. This edited volume directly addresses modern Irish debates on law and gender. Providing an overview of the existing rules and standards, as well as exploring possible options for reform, the collection stands as an important statement on the law in this jurisdiction, and as an invaluable resource for pursuing gendered social change. While the edited collection applies a doctrinal methodology to explain current statutes, case law and administrative practices, the contributors also invoke critical gender, queer and race perspectives to identify and problematise existing (and potential) challenges. This edited collection is essential reading for all who are interested in law, gender and processes of social change in modern Ireland.
Описание: How are the principles of freedom of expression, developed over the centuries, preserved and passed on? How can large internet intermediaries be required to respect freedom of expression and to contribute actively to a diverse and plural market of opinions? These are key issues for media regulation – and will be so in the following decades as far as it is foreseeable. The book starts with the definition and summary of freedom of expression and freedom of the press and then goes on to elaborate on the general questions of the internet as a specific medium. It then turns to analysing the legal issues arising in the course of operation of the three most important intermediaries (ISPs, search engines and social media) that affect freedom of expression. Finally it summarises the potential future regulatory and media policy directions. The book takes a comparative legal approach, focusing primarily on English and American regulations, case law and jurisprudential debates, but it also details the relevant international (Council of Europe, European Union) developments, as well as the jurisprudence of the European Court of Human Rights.
ООО "Логосфера " Тел:+7(495) 980-12-10 www.logobook.ru
