Bridging The Constitutional Divide

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Bridging the Constitutional Divide

Author : Russell L. Riley
Publisher : Texas A&M University Press
ISBN 13 : 1603441492
Total Pages : 222 pages
Book Rating : 4.6/5 (34 download)

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Book Synopsis Bridging the Constitutional Divide by : Russell L. Riley

Download or read book Bridging the Constitutional Divide written by Russell L. Riley and published by Texas A&M University Press. This book was released on 2010-05-17 with total page 222 pages. Available in PDF, EPUB and Kindle. Book excerpt: In September 2003, seven former heads of the White House Office of Legislative Affairs gathered for the first time ever to compare their experiences working for every president from Richard Nixon to Bill Clinton. For two days, these congressional liaisons, charged with moving their respective presidents’ legislative agendas through an independent—and sometimes hostile—Congress, shared first-hand views of the intricacies of presidential-congressional relations: how it works, how it doesn’t work, and the fascinating interplay of personalities, events, and politics that happens along the way. Hosted by noted presidential scholar Russell Riley and the University of Virginia’s Miller Center of Public Affairs, this seminar also featured a number of invited scholars of American politics, including the eminent Richard E. Neustadt, who appeared just before his death a month later. As explained by Riley, “. . . these discussions enlighten in two ways: they provide us a revealing glimpse into the inside, usually hidden, business of Washington, and they afford us the considered reflections of a thoughtful group of political veterans.” What makes these exchanges especially compelling, however, is their bipartisan cast, with Republicans Max L. Friedersdorf, William L. Ball III, and Frederick McClure joining Democrats Frank Moore, Charles M. Brain, John Hilley, and Lawrence Stein in thoughtful and friendly conversation.

The Constitutional Divide

Author : William P. Kreml
Publisher : Univ of South Carolina Press
ISBN 13 : 9781570031113
Total Pages : 252 pages
Book Rating : 4.0/5 (311 download)

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Book Synopsis The Constitutional Divide by : William P. Kreml

Download or read book The Constitutional Divide written by William P. Kreml and published by Univ of South Carolina Press. This book was released on 1997 with total page 252 pages. Available in PDF, EPUB and Kindle. Book excerpt: Annotation. William P. Kreml contends that the sectoral divide - the division between the public and private sectors and not the divisions among America's political institutions are traditionally understood - makes up the historically and ideologically most significant separation within American law. He offers an original reinterpretation of American Constitutional development, tracing the evolution of the private and public sectors through the Magna Carta, Edward I, Coke, Blackstone, and others and assessing the impact of the English sectoral divide on the U.S. Constitution. Kreml writes that the evolution of the ideological argument between English common law and English state law had a direct impact on the development of the private and public jurisdictions within the pre-Constitutional American states as well as on the Constitutional argument between the Federalists and the Anti-Federalists. The same sectoral differentiation, Kreml maintains, underpinned the highly distinctive ideological perspectives ofthe Constitution and the Bill of Rights. Kreml then traces the sectoral divide through U.S. legal history, arguing, for example, that Roe v. Wade was not a privacy case as is commonly believed and that the open housing case of Shelley v. Kraemer was not a public-sector-enhancing case but rather a victory for private common law principles. Kreml employs a sectoral analysis to what he believes to be the Burger Court's incorrect decision in the campaign finance case of Buckley v. Valeo, and he offers an original reinterpretation of the judicial activism of the Warren Court and the differentiation between early Constitutional and Warren-era forms of political majoritarianism.

The Death of Treaty Supremacy

Author : David Sloss
Publisher : Oxford University Press
ISBN 13 : 0199364028
Total Pages : 473 pages
Book Rating : 4.1/5 (993 download)

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Book Synopsis The Death of Treaty Supremacy by : David Sloss

Download or read book The Death of Treaty Supremacy written by David Sloss and published by Oxford University Press. This book was released on 2016 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed history of the Constitution's treaty supremacy rule. It describes a process of invisible constitutional change. The treaty supremacy rule was a bedrock principle of constitutional law for more than 150 years. It provided that treaties are supreme over state law and that courts have a constitutional duty to apply treaties that conflict with state laws. The rule ensured that state governments did not violate U.S. treaty obligations without authorization from the federal political branches. In 1945, the United States ratified the UN Charter, which obligates nations to promote human rights “for all without distinction as to race.” In 1950, a California court applied the Charter’s human rights provisions along with the traditional supremacy rule to invalidate a state law that discriminated against Japanese nationals. The implications were shocking: the decision implied that the United States had abrogated Jim Crow laws throughout the South by ratifying the UN Charter. Conservatives reacted by lobbying for a constitutional amendment, known as the Bricker Amendment, to abolish the treaty supremacy rule. The amendment never passed, but Bricker's supporters achieved their goals through de facto constitutional change. Before 1945, the treaty supremacy rule was a mandatory constitutional rule that applied to all treaties. The de facto Bricker Amendment converted the rule into an optional rule that applies only to “self-executing” treaties. Under the modern rule, state governments are allowed to violate national treaty obligations — including international human rights obligations — that are embodied in “non-self-executing” treaties.

American Democracy in Crisis

Author : Jeanne Sheehan
Publisher : Springer Nature
ISBN 13 : 3030622819
Total Pages : 298 pages
Book Rating : 4.0/5 (36 download)

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Book Synopsis American Democracy in Crisis by : Jeanne Sheehan

Download or read book American Democracy in Crisis written by Jeanne Sheehan and published by Springer Nature. This book was released on 2021-01-02 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: Public disenchantment with and distrust of American government is at an all-time high and who can blame them? In the face of widespread challenges—everything from record levels of personal and national debt and the sky high cost of education, to gun violence, racial discrimination, an immigration crisis, overpriced pharmaceuticals, and much more—the government seems paralyzed and unable to act, the most recent example being Covid-19. It’s the deadliest pandemic in over a century. In addition to an unimaginable sick and death toll, it has left more than thirty million Americans unemployed. Despite this, Washington let the first round of supplemental unemployment benefits run out and for more than a month were unable to agree on a bill to help those suffering. This book explains why we are in this situation, why the government is unable to respond to key challenges, and what we can do to right the ship. It requires that readers “upstream,” stop blaming the individuals in office and instead look at the root cause of the problem. The real culprit is the system; it was designed to protect liberty and structured accordingly. As a result, however, it has left us with a government that is not responsive, largely unaccountable, and often ineffective. This is not an accident; it is by design. Changing the way our government operates requires rethinking its primary goal(s) and then restructuring to meet them. To this end, this book offers specific reform proposals to restructure the government and in the process make it more accountable, effective, and responsive.

A Practical Guide to Constitution Building

Author : Winluck Wahiu
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (779 download)

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Book Synopsis A Practical Guide to Constitution Building by : Winluck Wahiu

Download or read book A Practical Guide to Constitution Building written by Winluck Wahiu and published by . This book was released on 2011 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: "A Practical Guide to Constitution Building provides an essential foundation for understanding constitutions and constitution building. Full of world examples of ground-breaking agreements and innovative provisions adopted during processes of constitutional change, the Guide offers a wide range of examples of how constitutions develop and how their development can establish and entrench democratic values. Beyond comparative examples, the Guide contains in-depth analysis of key components of constitutions and the forces of change that shape them. The Guide analyzes the adoption of the substantive elements of a new constitution by looking at forces for the aggregation or dissemination of governmental power, and forces for greater legalization or politicization of governmental power, and examining how these forces influence the content of the constitution. It urges practitioners to look carefully at the forces at play within their individual contexts in order to better understand constitutional dynamics and play a role in shaping a constitution that will put into place a functioning democratic government and foster lasting peace."--

Divided We Fall

Author : Sheri Rivlin
Publisher : Brookings Institution Press
ISBN 13 : 081573526X
Total Pages : 263 pages
Book Rating : 4.8/5 (157 download)

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Book Synopsis Divided We Fall by : Sheri Rivlin

Download or read book Divided We Fall written by Sheri Rivlin and published by Brookings Institution Press. This book was released on 2022-10-04 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: Partisan warfare and gridlock in Washington threaten to squander America’s opportunity to show the world that democracy can solve serious economic problems and ensure widely shared prosperity. Instead of working together to meet the challenges ahead—an aging work force, exploding inequality, climate change, rising debt—our elected leaders are sabotaging our economic future by blaming and demonizing each other in hopes of winning big in the next election. They are weakening America’s capacity for world leadership and the case for democracy here and abroad. Alice M. Rivlin, with decades of experience in economic policy making, argues that proven economic policies could lead to sustainable American prosperity and opportunity for all, but crafting them requires the tough, time-consuming work of consensus building and bipartisan negotiation. In a divided country with shifting majorities, major policies must have bipartisan buy-in and broad public support. Otherwise we will have either destabilizing swings in policy or total gridlock in the face of challenges looming at us. Rivlin believes that Americans can and must save our hyper-partisan politicians from themselves. She makes the case that on many practical economic issues the public is far less divided than partisan politicians and sensationalist media would have us believe. She draws attention to numerous hopeful efforts to bridge partisan and ideological divides in Washington, in state capitols and city governments, and communities around the country, and advocates a major national effort to enable citizens and future leaders to learn and practice the art of listening to each other and working together to find common ground. This book is a practical guide for Americans across the political spectrum who are agonizing over partisan warfare, incivility, and policy gridlock and looking for ways they can help to get our democratic policy process back on a constructive track before it is too late.

Constitutional Personae

Author : Cass R. Sunstein
Publisher : Oxford University Press
ISBN 13 : 0190222697
Total Pages : 224 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Constitutional Personae by : Cass R. Sunstein

Download or read book Constitutional Personae written by Cass R. Sunstein and published by Oxford University Press. This book was released on 2015-09-07 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since America's founding, the U.S. Supreme Court had issued a vast number of decisions on a staggeringly wide variety of subjects. And hundreds of judges have occupied the bench. Yet as Cass R. Sunstein, the eminent legal scholar and bestselling co-author of Nudge, points out, almost every one of the Justices fits into a very small number of types regardless of ideology: the hero, the soldier, the minimalist, and the mute. Heroes are willing to invoke the Constitution to invalidate state laws, federal legislation, and prior Court decisions. They loudly embrace first principles and are prone to flair, employing dramatic language to fundamentally reshape the law. Soldiers, on the other hand, are skeptical of judicial power, and typically defer to decisions made by the political branches. Minimalists favor small steps and only incremental change. They worry that bold reversals of long-established traditions may be counterproductive, producing a backlash that only leads to another reversal. Mutes would rather say nothing at all about the big constitutional issues, and instead tend to decide cases on narrow grounds or keep controversial cases out of the Court altogether by denying standing. As Sunstein shows, many of the most important constitutional debates are in fact contests between the four Personae. Whether the issue involves slavery, gender equality, same-sex marriage, executive power, surveillance, or freedom of speech, debates have turned on choices made among the four Personae--choices that derive as much from psychology as constitutional theory. Sunstein himself defends a form of minimalism, arguing that it is the best approach in a self-governing society of free people. More broadly, he casts a genuinely novel light on longstanding disputes over the proper way to interpret the constitution, demonstrating that behind virtually every decision and beneath all of the abstract theory lurk the four Personae. By emphasizing the centrality of character types, Sunstein forces us to rethink everything we know about how the Supreme Court works.

Thoughts on Government

Author : John Adams
Publisher :
ISBN 13 :
Total Pages : 46 pages
Book Rating : 4.4/5 (83 download)

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Book Synopsis Thoughts on Government by : John Adams

Download or read book Thoughts on Government written by John Adams and published by . This book was released on 1776 with total page 46 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Federalist Papers

Author : Alexander Hamilton
Publisher : Read Books Ltd
ISBN 13 : 1528785878
Total Pages : 455 pages
Book Rating : 4.5/5 (287 download)

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Book Synopsis The Federalist Papers by : Alexander Hamilton

Download or read book The Federalist Papers written by Alexander Hamilton and published by Read Books Ltd. This book was released on 2018-08-20 with total page 455 pages. Available in PDF, EPUB and Kindle. Book excerpt: Classic Books Library presents this brand new edition of “The Federalist Papers”, a collection of separate essays and articles compiled in 1788 by Alexander Hamilton. Following the United States Declaration of Independence in 1776, the governing doctrines and policies of the States lacked cohesion. “The Federalist”, as it was previously known, was constructed by American statesman Alexander Hamilton, and was intended to catalyse the ratification of the United States Constitution. Hamilton recruited fellow statesmen James Madison Jr., and John Jay to write papers for the compendium, and the three are known as some of the Founding Fathers of the United States. Alexander Hamilton (c. 1755–1804) was an American lawyer, journalist and highly influential government official. He also served as a Senior Officer in the Army between 1799-1800 and founded the Federalist Party, the system that governed the nation’s finances. His contributions to the Constitution and leadership made a significant and lasting impact on the early development of the nation of the United States.

The Nordic Constitutions

Author : Helle Krunke
Publisher : Bloomsbury Publishing
ISBN 13 : 1509910948
Total Pages : 224 pages
Book Rating : 4.5/5 (99 download)

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Book Synopsis The Nordic Constitutions by : Helle Krunke

Download or read book The Nordic Constitutions written by Helle Krunke and published by Bloomsbury Publishing. This book was released on 2018-08-23 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book analyses the Nordic constitutional systems of Denmark, Finland, Iceland, Norway and Sweden in a comparative context. It has two main aims: first to fill a gap in the literature by providing an accessible English language account of the Nordic constitutions, and second to provide a comparative analysis of them, revealing their similarities and differences within their political, historical and cultural contexts. In this respect, the book challenges the assumption that the Nordic countries form a homogeneous constitutional system due to their cultural and historical affinities, a view not necessarily supported by a close comparative examination. A key issue is EU membership –where the Nordic countries have made different choices at different times – and the book will show how this has affected the individual countries and whether a divide between EU member states (Denmark, Finland and Sweden) and non-members (Iceland and Norway) has appeared. Another key issue is how the ECHR has impacted the Nordic constitutional systems and whether the convention draws the Nordic systems closer to each other. The book represents a first of its kind in the English language, and will provide constitutional scholars with a valuable comparative resource on the Nordic region.

Populist Challenges to Constitutional Interpretation in Europe and Beyond

Author : Fruzsina Gárdos-Orosz
Publisher : Routledge
ISBN 13 : 1000386228
Total Pages : 309 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Populist Challenges to Constitutional Interpretation in Europe and Beyond by : Fruzsina Gárdos-Orosz

Download or read book Populist Challenges to Constitutional Interpretation in Europe and Beyond written by Fruzsina Gárdos-Orosz and published by Routledge. This book was released on 2021-05-03 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the relationship between populism or populist regimes and constitutional interpretation used in those regimes. The volume discusses the question of whether contemporary populist governments and movements have developed, or encouraged new and specific constitutional theories, doctrines and methods of interpretation, or whether their constitutional and other high courts continue to use the old, traditional interpretative tools in constitutional adjudication. The book is divided into four parts. Part I contains three chapters elaborating the theoretical basis for the discussion. Part II examines the topic from a comparative perspective, representing those European countries where populism is most prevalent, including Austria, Croatia, the Czech Republic, Greece, Hungary, Italy, Poland, Romania, Spain, and the United Kingdom. Part III extends the focus to the United States, reflecting how American jurisprudence and academia have produced the most important contributions to the theory of constitutional interpretation, and how recent political developments in that country might challenge the traditional understanding of judicial review. This section also includes a general overview on Latin America, where there are also some populist governments and strong populist movements. Finally, the editors’ closing study analyses the outcomes of the comparative research, summarizing the conclusions of the book. Written by renowned national constitutional scholars, the book will be essential reading for students, academics and researchers working in Constitutional Law and Politics. Chapter 1 of this book is freely available as a downloadable Open Access PDF at http://www.taylorfrancis.com under a Creative Commons Attribution-Non Commercial-No Derivatives (CC-BY-NC-ND) 4.0 license.

Constitutionalism and the Separation of Powers

Author : M. J. C. Vile
Publisher :
ISBN 13 : 9780865971752
Total Pages : 0 pages
Book Rating : 4.9/5 (717 download)

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Book Synopsis Constitutionalism and the Separation of Powers by : M. J. C. Vile

Download or read book Constitutionalism and the Separation of Powers written by M. J. C. Vile and published by . This book was released on 1998 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Vile traces the history of the doctrine from its rise during the English Civil War, through its development in the eighteenth century -- through subsequent political thought and constitution-making in Britain, France, and the United States.

Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide

Author : Michael I. Jeffery
Publisher : Cambridge University Press
ISBN 13 : 0521885035
Total Pages : 617 pages
Book Rating : 4.5/5 (218 download)

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Book Synopsis Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide by : Michael I. Jeffery

Download or read book Biodiversity Conservation, Law and Livelihoods: Bridging the North-South Divide written by Michael I. Jeffery and published by Cambridge University Press. This book was released on 2008-01-07 with total page 617 pages. Available in PDF, EPUB and Kindle. Book excerpt: The IUCN Academy of Environmental Law Research Studies' third colloquium brought together more than 130 experts from 27 nations on nearly every continent. This book brings together a number of papers presented there and offers a global perspective on biodiversity conservation and the maintenance of sustainable cultures.

Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide

Author : Patrick Bohan
Publisher : Lulu.com
ISBN 13 : 1684703271
Total Pages : 424 pages
Book Rating : 4.6/5 (847 download)

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Book Synopsis Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide by : Patrick Bohan

Download or read book Defending Freedom of Contract: Constitutional Solutions to Resolve the Political Divide written by Patrick Bohan and published by Lulu.com. This book was released on 2019-06-13 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: The progressive movement that began in the late nineteenth century was a nonviolent coup d tat changing the United States of America from a republic that promoted equal rights for all to a democracy where the majority rules. As a result, moral and social justice was and is used by the federal government to protect the rights of some while mitigating the rights of others. Patrick Bohan, who has studied constitutional law in depth, examines the revolution in detail in this treatise, demonstrating how freedom of contract can be applied to protect the fundamental rights of each citizen equally. The author evaluates hundreds of laws, cases, and examples of justice gone wrong for issues such as slavery, abortion rights, elections, welfare rights, free speech, freedom of religion, civil rights, property rights, contract rights, gay rights, alien rights, and other important topics that polarize Americans.

Constitutional Democracy

Author : Walter F. Murphy
Publisher : JHU Press
ISBN 13 : 9780801884702
Total Pages : 588 pages
Book Rating : 4.8/5 (847 download)

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Book Synopsis Constitutional Democracy by : Walter F. Murphy

Download or read book Constitutional Democracy written by Walter F. Murphy and published by JHU Press. This book was released on 2007 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Publisher Description

The Calculus of Consent

Author : James M. Buchanan
Publisher : Selected Works of Gordon Tullo
ISBN 13 : 9780865975323
Total Pages : 0 pages
Book Rating : 4.9/5 (753 download)

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Book Synopsis The Calculus of Consent by : James M. Buchanan

Download or read book The Calculus of Consent written by James M. Buchanan and published by Selected Works of Gordon Tullo. This book was released on 2004 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Calculus of Consent, the second volume of Liberty Fund's The Selected Works of Gordon Tullock, is a reprint edition of the ground-breaking economic classic written by two of the world's preeminent economists--Gordon Tullock and Nobel Laureate James M. Buchanan. This book is a unique blend of economics and political science that helped create significant new subfields in each discipline respectively, namely, the public choice school and constitutional political economy. Charles K. Rowley, Duncan Black Professor of Economics at George Mason University, points out in his introduction, "The Calculus of Consent is, by a wide margin, the most widely cited publication of each coauthor and, by general agreement, their most important scientific contribution." The Calculus of Consent is divided into four parts, each consisting of several chapters. The introduction by Professor Rowley provides a short overview of the book and identifies key insights that permeated the bounds of economics and political science and created an enduring nexus between the two sciences. Part I of The Calculus of Consent establishes the conceptual framework of the book's subject; part II defines the realm of social choice; part III applies the logic developed in part II to describe a range of decision-making rules, most notably, the rule of simple majority; and part IV explores the economics and ethics of democracy. Gordon Tullock is Professor Emeritus of Law at George Mason University, where he was Distinguished Research Fellow in the Center for Study of Public Choice and University Professor of Law and Economics. He also taught at the University of South Carolina, the University of Virginia, Rice University, Virginia Polytechnic Institute and State University, and the University of Arizona. In 1966 he founded the journal that became Public Choice and remained its editor until 1990. James M. Buchanan is an eminent economist who won the Alfred Nobel Memorial Prize in Economic Sciences in 1986 and is considered one of the greatest scholars of liberty of the twentieth century. He is also Professor Emeritus at George Mason and Virginia Tech Universities. Charles K. Rowley was Duncan Black Professor of Economics at George Mason University and a Senior Fellow of the James M. Buchanan Center for Political Economy at George Mason University. He was also General Director of the Locke Institute.

The Trusted Leader

Author : Terry Newell
Publisher : CQ Press
ISBN 13 : 1483341909
Total Pages : 465 pages
Book Rating : 4.4/5 (833 download)

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Book Synopsis The Trusted Leader by : Terry Newell

Download or read book The Trusted Leader written by Terry Newell and published by CQ Press. This book was released on 2011-08-04 with total page 465 pages. Available in PDF, EPUB and Kindle. Book excerpt: Improving government on a macro level is only possible with public managers who herald change on a micro level. While many studies of government reform focus on new policies and programs, these public managers—building relationships built on trust—are the real drivers behind many successful reforms. In this second edition, chapter authors once again draw on their real-world experience to demonstrate the importance of values-based leadership. With new research and lessons from the first two years of the Obama administration, chapters focus on the concrete ways in which leaders build effective relationships and trust, while also improving themselves, their organizations, and those they coach. Surveying agencies both horizontally and vertically, The Trusted Leader also addresses how public managers can collaborate with political appointees and the legislative branch, while still engaging with citizens to create quality customer experiences. Two brand-new chapters focus on: “Effective Conversations”—the importance of one-on-one conversations to building trust, with a model for having such conversations. “The Diversity Opportunity”—the need to effectively lead across a diverse workforce and a diverse society to build trust in both realms. With the addition of chapter headnotes, the editors provide necessary context, while the new “Resources for Further Learning” feature guides readers toward additional print and web resources.