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Understanding The Articles Of Confederation

Author: James Wolfe
Publisher: Enslow Publishing, LLC
ISBN: 0766068676
Size: 17.49 MB
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“The title of this confederacy shall be the United States..." Thus began the first constitution of the United States of America. Although replaced by the current US Constitution in 1788, the Articles of Confederation defined the US government and established policies that are still in place today. Featuring a unique combination of context and primary source text, this book provides a thorough understanding of this essential document.

The Encyclopedia Of Public Choice

Author: Charles Rowley
Publisher: Springer Science & Business Media
ISBN: 0306478285
Size: 10.23 MB
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The Encyclopedia provides a detailed and comprehensive account of the subject known as public choice. However, the title would not convey suf- ciently the breadth of the Encyclopedia’s contents which can be summarized better as the fruitful interchange of economics, political science and moral philosophy on the basis of an image of man as a purposive and responsible actor who pursues his own objectives as efficiently as possible. This fruitful interchange between the fields outlined above existed during the late eighteenth century during the brief period of the Scottish Enlightenment when such great scholars as David Hume, Adam Ferguson and Adam Smith contributed to all these fields, and more. However, as intell- tual specialization gradually replaced broad-based scholarship from the m- nineteenth century onwards, it became increasingly rare to find a scholar making major contributions to more than one. Once Alfred Marshall defined economics in neoclassical terms, as a n- row positive discipline, the link between economics, political science and moral philosophy was all but severed and economists redefined their role into that of ‘the humble dentist’ providing technical economic information as inputs to improve the performance of impartial, benevolent and omniscient governments in their attempts to promote the public interest. This indeed was the dominant view within an economics profession that had become besotted by the economics of John Maynard Keynes and Paul Samuelson immediately following the end of the Second World War.

James Madison And The Making Of America

Author: Kevin R. C. Gutzman
Publisher: St. Martin's Press
ISBN: 1429941006
Size: 75.68 MB
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In James Madison and the Making of America, historian Kevin Gutzman looks beyond the way James Madison is traditionally seen -- as "The Father of the Constitution" -- to find a more complex and sometimes contradictory portrait of this influential Founding Father and the ways in which he influenced the spirit of today's United States. Instead of an idealized portrait of Madison, Gutzman treats readers to the flesh-and-blood story of a man who often performed his founding deeds in spite of himself: Madison's fame rests on his participation in the writing of The Federalist Papers and his role in drafting the Bill of Rights and Constitution. Today, his contribution to those documents is largely misunderstood. He thought that the Bill of Rights was unnecessary and insisted that it not be included in the Constitution, a document he found entirely inadequate and predicted would soon fail. Madison helped to create the first American political party, the first party to call itself "Republican", but only after he had argued that political parties, in general, were harmful. Madison served as Secretary of State and then as President during the early years of the United States and the War of 1812; however, the American foreign policy he implemented in 1801-1817 ultimately resulted in the British burning down the Capitol and the White House. In so many ways, the contradictions both in Madison's thinking and in the way he governed foreshadowed the conflicted state of our Union now. His greatest legacy—the disestablishment of Virginia's state church and adoption of the libertarian Virginia Statute for Religious Freedom—is often omitted from discussion of his career. Yet, understanding the way in which Madison saw the relationship between the church and state is key to understanding the real man. Kevin Gutzman's James Madison and the Making of America promises to become the standard biography of our fourth President.

Constitutional Law Principles And Policy Cases And Materials

Author: Jerome A. Barron
Publisher: LexisNexis
ISBN: 032717434X
Size: 80.98 MB
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The authors of this casebook are committed to reflect fully the dynamism, controversy, and excitement that characterize contemporary Constitutional Law. While generally striving for brevity, the authors lightly edit cases where the Court appears to be embarking on a new doctrinal course so that sharply different constitutional philosophies are fully and fairly presented. Features of the new Eighth Edition include: • Hamdan v. Rumsfeld -- the legality of the use of military commissions by the Executive Branch. • Boumediene v. Bush -- alien enemy combatants detained at Guantanamo and "the constitutional privilege of habeas corpus." • District of Columbia v. Heller and McDonald v. City of Chicago -- the personal right to keep and bear arms vis-a-vis federal and state governments. • Gonzales v. Carhart -- limiting the abortion right. • United Haulers Association, Inc. v. Oneida-Herkimer Solid Waste Management Authority -- state regulation of solid waste and the dormant Commerce Clause • Parents Involved in Community Schools v. Seattle School District No. 1 -- affirmative action in the public schools. In the area of free expression, among the many cases featured are: • Holder v. Humanitarian Law Project -- national security v. political advocacy. • Snyder v. Phelps -- offensive speech and funeral picketing. • Morse v. Frederick -- student speech in the high schools. • Garcetti v. Ceballos -- free expression rights of government employees. • United States v. Stevens -- animal cruelty and the limits of freedom of expression. • Brown v. Entertainment Merchants Association -- protecting children from violent video games. • Citizens United v. Federal Elections Commission -- unleashing campaign spending by corporations and unions. The new 8th edition includes some of the latest law review literature as well as the leading constitutional cases covered in the previous edition. Constitutional Law: Principles and Policies is updated annually with a supplement addressing recent developments in the area of Constitutional Law.

The Emergence Of Buddhism

Author: Jacob N. Kinnard
Publisher: Greenwood Publishing Group
ISBN: 9780313328381
Size: 79.63 MB
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In the 6th century B.C.E., a young prince named Siddhartha Gotama renounced his opulent lifestyle and set out on a quest to alleviate human suffering. When he realized his goal--a path to enlightenment--he dedicated his life to sharing that discovery. From its itinerant beginnings in what is now southern Nepal, to its current following of over 350 million adherents worldwide, Buddhism has spread through teachings and principles rather than worship of the divine, earning the title of the world's "oldest missionary religion." Primary documents, illustrations, a glossary, and biographical sketches illuminate the birth, enlightenment, travels, and legacy of the man called Buddha, the "Awakened One."

Declaring War

Author: Brien Hallett
Publisher: Cambridge University Press
ISBN: 1139561189
Size: 25.11 MB
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Declaring War directly challenges the 200-year-old belief that Congress can and should declare war. By offering a detailed analysis of the declarations of 1812, 1898 and the War Powers Resolution of 1973, the book demonstrates the extent of the organizational and moral incapacity of Congress to declare war. It invokes Carl von Clausewitz's dictum that 'war is policy' to explain why declarations of war are an integral part of war and proposes two possible remedies - a constitutional amendment or, alternatively, a significant re-organization of Congress. It offers a comprehensive historical, legal, constitutional, moral and philosophical analysis of why Congress has failed to check an imperial presidency. The book draws on Roman history and international law to clarify the form, function and language of declarations of war and John Austin's speech act theory.

From Liberty To Democracy

Author: Randall G. Holcombe
Publisher: University of Michigan Press
ISBN: 0472112902
Size: 47.16 MB
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An analysis of American political history using the economic framework of public choice theory

Legislative Leviathan

Author: Gary W. Cox
Publisher: Univ of California Press
ISBN: 9780520072206
Size: 32.41 MB
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This book provides an incisive new look at the inner workings of the House of Representatives in the post-World War II era. Reevaluating the role of parties and committees, Gary Cox and Mathew McCubbins view parties in the House--especially majority parties--as a species of "legislative cartel." These cartels usurp the power, theoretically resident in the House, to make rules governing the structure and process of legislation. Possession of this rule-making power leads to two main consequences. First, the legislative process in general, and the committee system in particular, is stacked in favor of majority party interests. Second, because the majority party has all the structural advantages, the key players in most legislative deals are members of that party and the majority party's central agreements are facilitated by cartel rules and policed by the cartel's leadership. Debunking prevailing arguments about the weakening of congressional parties, Cox and McCubbins powerfully illuminate the ways in which parties exercise considerable discretion in organizing the House to carry out its work. This work will have an important impact on the study of American politics, and will greatly interest students of Congress, the presidency, and the political party system. This book provides an incisive new look at the inner workings of the House of Representatives in the post-World War II era. Reevaluating the role of parties and committees, Gary Cox and Mathew McCubbins view parties in the House--especially majority parties--as a species of "legislative cartel." These cartels usurp the power, theoretically resident in the House, to make rules governing the structure and process of legislation. Possession of this rule-making power leads to two main consequences. First, the legislative process in general, and the committee system in particular, is stacked in favor of majority party interests. Second, because the majority party has all the structural advantages, the key players in most legislative deals are members of that party and the majority party's central agreements are facilitated by cartel rules and policed by the cartel's leadership. Debunking prevailing arguments about the weakening of congressional parties, Cox and McCubbins powerfully illuminate the ways in which parties exercise considerable discretion in organizing the House to carry out its work. This work will have an important impact on the study of American politics, and will greatly interest students of Congress, the presidency, and the political party system.

Employment Class And Collective Actions

Author: David Sherwyn
Publisher: Kluwer Law International
ISBN: 9789041125057
Size: 28.83 MB
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Long regarded as a powerful means to seek individual damages against a corporate defendant, class actions have become a staple of the U.S. litigation system. In recent years, however, several highly significant Supreme Court decisions have weakened the commonality claims of defendants, particularly in workplace discrimination actions. In light of this background, the trends and prospects of employment class actions were the theme of the 56th annual proceedings of the prestigious New York University Conference on Labor, held in May 2003. This important volume reprints the papers presented at that conference, as well as some additional contributions. Among the considerable expertise brought to bear on this controversial subject, readers will find insightful analysis of such issues as the following: Effect of class actions on losing companies; Importance of class actions to Title VII enforcement; Obstacles to class litigation; Compliance and internal enforcement challenges for large employers; Opt-in vs. opt-out alternatives for class members; Value and effectiveness of pattern or practice test cases; Legal limits of group identity; Shifting of the burden of proof; Authority of arbitrators to proceed on a class wide basis; and Countering statistical claims of expert witnesses. Because class actions are based on tension - that between commonality and individuation - they tend to accumulate precedent along a spectrum from disconnected disparity to meaningful resolution. In this deeply informed and thought-provoking book, lawyers and academics concerned with both the interests of employers and of employees will proceed with increased awareness as they work on reconciling the practical and theoretical constraints of class litigation.