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A State Of Deference
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Book Synopsis The Age of Deference by : David Rudenstine
Download or read book The Age of Deference written by David Rudenstine and published by Oxford University Press. This book was released on 2016 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Rudenstine's [book] traces the [Supreme] Court's role in the rise of judicial deference to executive power since the end of World War II. He [posits that], in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary"--
Book Synopsis A State of Deference by : Susan Mosher Stuard
Download or read book A State of Deference written by Susan Mosher Stuard and published by University of Pennsylvania Press. This book was released on 2016-11-11 with total page 284 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a volume in the Penn Press Anniversary Collection. To mark its 125th anniversary in 2015, the University of Pennsylvania Press rereleased more than 1,100 titles from Penn Press's distinguished backlist from 1899-1999 that had fallen out of print. Spanning an entire century, the Anniversary Collection offers peer-reviewed scholarship in a wide range of subject areas.
Book Synopsis A Theory of Deference in Administrative Law by : Paul Daly
Download or read book A Theory of Deference in Administrative Law written by Paul Daly and published by Cambridge University Press. This book was released on 2012-06-28 with total page 323 pages. Available in PDF, EPUB and Kindle. Book excerpt: Paul Daly develops a theory concerning the appropriate allocation of authority between courts and administrative bodies.
Book Synopsis Proportionality and Deference in Investor-State Arbitration by : Caroline Henckels
Download or read book Proportionality and Deference in Investor-State Arbitration written by Caroline Henckels and published by Cambridge University Press. This book was released on 2015-10-15 with total page 265 pages. Available in PDF, EPUB and Kindle. Book excerpt: Caroline Henckels examines how investment tribunals should balance competing state and investor interests in determining state liability in regulatory disputes.
Book Synopsis The Decline of Deference by : Neil Nevitte
Download or read book The Decline of Deference written by Neil Nevitte and published by Peterborough, Ont. : Broadview Press. This book was released on 1996-08 with total page 404 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this extraordinarily wide-ranging book, Neil Nevitte demonstrates that the changing patterns of Canadian values are connected.
Book Synopsis Judging at the Interface by : Esmé Shirlow
Download or read book Judging at the Interface written by Esmé Shirlow and published by Cambridge University Press. This book was released on 2021-02-18 with total page 381 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates how international adjudicators defer to State decision-making authority, and what that reveals about the domestic-international interface.
Book Synopsis Deference to the Administration in Judicial Review by : Guobin Zhu
Download or read book Deference to the Administration in Judicial Review written by Guobin Zhu and published by Springer Nature. This book was released on 2019-11-23 with total page 445 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates judicial deference to the administration in judicial review, a concept and legal practice that can be found to a greater or lesser degree in every constitutional system. In each system, deference functions differently, because the positioning of the judiciary with regard to the separation of powers, the role of the courts as a mechanism of checks and balances, and the scope of judicial review differ. In addition, the way deference works within the constitutional system itself is complex, multi-faceted and often covert. Although judicial deference to the administration is a topical theme in comparative administrative law, a general examination of national systems is still lacking. As such, a theoretical and empirical review is called for. Accordingly, this book presents national reports from 15 jurisdictions, ranging from Argentina, Canada and the US, to the EU. Constituting the outcome of the 20th General Congress of the International Academy of Comparative Law, held in Fukuoka, Japan in July 2018, it offers a valuable and unique resource for the study of comparative administrative law.
Book Synopsis Judicial Deference in International Adjudication by : Johannes Hendrik Fahner
Download or read book Judicial Deference in International Adjudication written by Johannes Hendrik Fahner and published by Bloomsbury Publishing. This book was released on 2020-08-06 with total page 318 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts and tribunals are increasingly asked to pass judgment on matters that are traditionally considered to fall within the domestic jurisdiction of States. Especially in the fields of human rights, investment, and trade law, international adjudicators commonly evaluate decisions of national authorities that have been made in the course of democratic procedures and public deliberation. A controversial question is whether international adjudicators should review such decisions de novo or show deference to domestic authorities. This book investigates how various international courts and tribunals have responded to this question. In addition to a comparative analysis, the book provides a normative argument, discussing whether different forms of deference are justified in international adjudication. It proposes a distinction between epistemic deference, which is based on the superior capacity of domestic authorities to make factual and technical assessments, and constitutional deference, which is based on the democratic legitimacy of domestic decision-making. The book concludes that epistemic deference is a prudent acknowledgement of the limited expertise of international adjudicators, whereas the case for constitutional deference depends on the relative power of the reviewing court vis-à-vis the domestic legal order.
Book Synopsis The Ethics of Deference by : Philip Soper
Download or read book The Ethics of Deference written by Philip Soper and published by Cambridge University Press. This book was released on 2002-10-24 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Differs from standard approaches by focusing on the language of deference instead of obedience.
Book Synopsis Deference in International Courts and Tribunals by : Lukasz Gruszczynski
Download or read book Deference in International Courts and Tribunals written by Lukasz Gruszczynski and published by Oxford University Press, USA. This book was released on 2014 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: International courts use two key methodologies to determine the degree of deference granted to states in their implementation of international obligations: the standard of review and margin of appreciation. This book investigates how these doctrines are applied in international courts, analysing where their approaches converge and diverge.
Book Synopsis The U.S. Press and Iran by : William A. Dorman
Download or read book The U.S. Press and Iran written by William A. Dorman and published by Univ of California Press. This book was released on 2023-04-28 with total page 283 pages. Available in PDF, EPUB and Kindle. Book excerpt: No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third World ally. The case of Iran offers a particularly rich view of these dynamics and suggests that the press is far from fulfilling the watchdog role assigned it in democratic theory and popular imagination.
Book Synopsis Never Mind the Bosses by : Robin Ryde
Download or read book Never Mind the Bosses written by Robin Ryde and published by John Wiley & Sons. This book was released on 2012-09-24 with total page 129 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, power, information and resources have moved from being concentrated in the hands of a few, to being disbursed across many. We need look no further than events on the world stage to see the heat signature of this – from the arrival of Wikileaks, the Arab Spring of 2011 and the Occupy movements, to the social media revolution and flashpoints such as the British Members of Parliament expenses scandal. All are examples of deep change occurring. This book is about what this means for the workplace and for management. The proposition offered here is that our organisations need to catch up, and that the “death of deference” that we are seeing elsewhere in society needs to be accelerated in the workplace. Systems of deference slow down organisational performance. Deference prevents organisations from learning. It stops them from being agile, innovative and ethical. Deference is the enemy of organisational success and it needs to be dismantled so that in its place we can build modern organisations with a new breed of managers and leaders. This book offers a solution to a problem that belongs in the last century, and a game plan for nothing short of a workplace revolution. "If deference is dead, this book is about the resurrection of the effective manager in a world where nothing is quite the way it used to be. Powerful and thought-provoking from start to finish." - Jeremy Vine, BBC Presenter and Author “Never Mind the Bosses is a refreshing type of management book, it advocates that deference to authority figures needs to go if we are to have engaged workforces.” - Cary L. Cooper, CBE, Distinguished Professor of Organizational Psychology and Health at Lancaster University Management School "An engaging and entertaining romp through the post punk world. By going beyond the boundaries of most business books, Ryde gives us all food for thought about how organisations are, or are not, dealing with a rapidly changing society and workforce." - Jo Owen, bestselling author of ‘How to Manage’ and 'How to Lead' “If you are looking for a book that will shake up your thinking about how to improve your organization’s performance – or worried that your competitors will find it first! – try this one.” - Professor Dutch Leonard, Harvard Business School & Harvard University's John F. Kennedy School of Government
Book Synopsis In Deference to the Other by : Jim Kanaris
Download or read book In Deference to the Other written by Jim Kanaris and published by State University of New York Press. This book was released on 2012-02-01 with total page 203 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Deference to the Other brings contemporary continental thought into conversation with that of Bernard Lonergan (1904–1984), the Jesuit philosopher and theologian. This is an opportune moment to open such a dialogue: philosophers and theologians indebted to Lonergan have increasingly found themselves challenged by the insights of thinkers typically dubbed "postmodern," while postmodernists, most notably Jacques Derrida, have begun to ask the "God question." While Lonergan was not a continental philosopher, neither was he an analytic philosopher. Concerned with both epistemology and cognition, his systematic and hermeneutic-like proposals resonate with the concerns of philosophers such as Derrida, Foucault, Levinas, and Kristeva. Contributors to this volume find insight and affiliation between Lonergan's thought and contemporary continental thought in a wide-ranging work that engages the philosophical problems of authenticity, self-appropriation, ethics, and the human subject.
Book Synopsis A Culture of Deference by : Festus Ugboaja Ohaegbulam
Download or read book A Culture of Deference written by Festus Ugboaja Ohaegbulam and published by Peter Lang. This book was released on 2007 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book explores the culture of deference by the legislative branch to the executive branch on foreign policy issues, particularly regarding the George W. Bush administration's rush to war in Iraq in 2003. By authorizing President Bush to go to war in Iraq at his own discretion in its October 2002 resolution, the 107th Congress abdicated its constitutional responsibility and its members failed to honor their oath to uphold the Constitution of the United States. Although the "war powers" are constitutionally those of Congress, historically presidents have engaged in war making and Congress has with limited success attempted to curb such war making. This book traces how this culture of deference to the chief executive on war making evolved and how, especially in the case of Iraq, it has adversely affected the interests of the nation, its constitutional framework, and its position in the world. This book will serve as an excellent text for courses on U.S. foreign policy, U.S. diplomatic history, and the role of Congress."--BOOK JACKET.
Book Synopsis Law’s Abnegation by : Adrian Vermeule
Download or read book Law’s Abnegation written by Adrian Vermeule and published by Harvard University Press. This book was released on 2016-11-14 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: Adrian Vermeule argues that the arc of law has bent steadily toward deference to the administrative state, which has greater democratic legitimacy and technical competence to confront issues such as climate change, terrorism, and biotechnology. The state did not shove lawyers and judges out of the way; they moved freely to the margins of power.
Book Synopsis International Law in the US Legal System by : Curtis A. Bradley
Download or read book International Law in the US Legal System written by Curtis A. Bradley and published by Oxford University Press. This book was released on 2020-12-01 with total page 409 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Law in the U.S. Legal System provides a wide-ranging overview of how international law intersects with the domestic legal system of the United States, and points out various unresolved issues and areas of controversy. Curtis Bradley explains the structure of the U.S. legal system and the various separation of powers and federalism considerations implicated by this structure, especially as these considerations relate to the conduct of foreign affairs. Against this backdrop, he covers all of the principal forms of international law: treaties, executive agreements, decisions and orders of international institutions, customary international law, and jus cogens norms. He also explores a number of issues that are implicated by the intersection of U.S. law and international law, such as treaty withdrawal, foreign sovereign immunity, international human rights litigation, war powers, extradition, and extraterritoriality. This book highlights recent decisions and events relating to the topic, including various actions taken during the Trump administration, while also taking into account relevant historical materials, including materials relating to the U.S. Constitutional founding. Written by one of the most cited international law scholars in the United States, the book is a resource for lawyers, law students, legal scholars, and judges from around the world.
Download or read book Federal Register written by and published by . This book was released on 1992-12-18 with total page 1266 pages. Available in PDF, EPUB and Kindle. Book excerpt:
