Case Studies in Conservative and Progressive Legal Orders

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Publisher :
ISBN 13 :
Total Pages : 219 pages
Book Rating : 4.:/5 (583 download)

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Book Synopsis Case Studies in Conservative and Progressive Legal Orders by : Christopher H. Schroeder

Download or read book Case Studies in Conservative and Progressive Legal Orders written by Christopher H. Schroeder and published by . This book was released on 2004 with total page 219 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Rise of the Conservative Legal Movement

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Publisher :
ISBN 13 : 9780691122083
Total Pages : 339 pages
Book Rating : 4.1/5 (22 download)

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Book Synopsis The Rise of the Conservative Legal Movement by : Steven Michael Teles

Download or read book The Rise of the Conservative Legal Movement written by Steven Michael Teles and published by . This book was released on 2008-01-01 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: Starting in the 1970s, conservatives learned that electoral victory did not easily convert into a reversal of important liberal accomplishments, especially in the law. As a result, conservatives' mobilizing efforts increasingly turned to law schools, professional networks, public interest groups, and the judiciary--areas traditionally controlled by liberals. Drawing from internal documents, as well as interviews with key conservative figures, The Rise of the Conservative Legal Movement examines this sometimes fitful, and still only partially successful, conservative challenge to liberal domination of the law and American legal institutions. Unlike accounts that depict the conservatives as fiendishly skilled, The Rise of the Conservative Legal Movement reveals the formidable challenges that conservatives faced in competing with legal liberalism. Steven Teles explores how conservative mobilization was shaped by the legal profession, the legacy of the liberal movement, and the difficulties in matching strategic opportunities with effective organizational responses. He explains how foundations and groups promoting conservative ideas built a network designed to dislodge legal liberalism from American elite institutions. And he portrays the reality, not of a grand strategy masterfully pursued, but of individuals and political entrepreneurs learning from trial and error. Using previously unavailable materials from the Olin Foundation, Federalist Society, Center for Individual Rights, Institute for Justice, and Law and Economics Center, The Rise of the Conservative Legal Movement provides an unprecedented look at the inner life of the conservative movement. Lawyers, historians, sociologists, political scientists, and activists seeking to learn from the conservative experience in the law will find it compelling reading.

Conservative and Progressive Legal Orders

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Publisher :
ISBN 13 :
Total Pages : 268 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Conservative and Progressive Legal Orders by :

Download or read book Conservative and Progressive Legal Orders written by and published by . This book was released on 2004 with total page 268 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Prosecuting Corporations for Genocide

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Publisher : Oxford University Press
ISBN 13 : 0190238925
Total Pages : 281 pages
Book Rating : 4.1/5 (92 download)

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Book Synopsis Prosecuting Corporations for Genocide by : Michael J. Kelly

Download or read book Prosecuting Corporations for Genocide written by Michael J. Kelly and published by Oxford University Press. This book was released on 2016-02-17 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern corporations are key participants in the new globalized economy. As such, they have been accorded tremendous latitude and granted extensive rights. However, accompanying obligations have not been similarly forthcoming. Chief among them is the obligation not to commit atrocities or human rights abuses in the pursuit of profit. Multinational corporations are increasingly complicit in genocides that occur in the developing world. While they benefit enormously from the crime, they are immune from prosecution at the international level. Prosecuting Corporations for Genocide proposes new legal pathways to ensure such companies are held criminally liable for their conduct by creating a framework for international criminal jurisdiction. If a state or a person commits genocide, they are punished, and international law demands such. Nevertheless, corporate actors have successfully avoided this through an array of legal arguments which Professor Kelly challenges. He demonstrates how international criminal jurisdiction should be extended over corporations for complicity in genocide and makes the case that it should be done promptly.

Gay Families and the Courts

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Publisher : Rowman & Littlefield Publishers
ISBN 13 : 1442200707
Total Pages : 291 pages
Book Rating : 4.4/5 (422 download)

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Book Synopsis Gay Families and the Courts by : Susan Gluck Mezey

Download or read book Gay Families and the Courts written by Susan Gluck Mezey and published by Rowman & Littlefield Publishers. This book was released on 2009-10-16 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: Susan Gluck Mezey's newest book, Gay Families and the Courts, is a compelling examination of the role of the state and federal courts in furthering the goals of the gay and lesbian community. Unlike Mezey's earlier book, Queers in Court, this book evaluates the extent to which litigation is effective in advancing equal rights for gay families_families in which at least one member is gay_as they seek to expand their opportunities and battle discrimination. Mezey shows how the courts address gay and lesbian rights and sexual orientation in schools and social organizations such as the Boy Scouts along with family-oriented problems such as marriage and parenthood. In doing so, Mezey emphasizes the complexity of the issues involved in the cases, and assesses the degree to which the outcome of the litigation is explained by the type of case, the type of court, and the judge's perception of his or her role as a policymaker. It is a valuable reference for scholars interested in judicial, legislative, and executive policymaking at the federal and state level as well as anyone interested in LGBT politics.

Progressive Corporate Law

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Publisher : Routledge
ISBN 13 : 1000308316
Total Pages : 488 pages
Book Rating : 4.0/5 (3 download)

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Book Synopsis Progressive Corporate Law by : Lawrence E Mitchell

Download or read book Progressive Corporate Law written by Lawrence E Mitchell and published by Routledge. This book was released on 2019-06-26 with total page 488 pages. Available in PDF, EPUB and Kindle. Book excerpt: Reflecting recent re-examinations of the nature and purpose of the modern publicly held corporation, Progressive Corporate Law introduces the reader to alternative perspectives within the field. The contributors to this volume are loosely bound both by their rejection of the prevailing paradigm of the corporation as a public good designed exclusively for the maximization of private profit and by their affirmative goal of designing corporate laws that accord better with the corporation's political and social realities. The resulting series of visions emphasizes communitarian themes of efficiency and morality of responsibility, altruism, and unity within the corporate form as well as between the corporation and the broader society. Progressive Corporate Law is important reading for business executives, lawyers, policymakers, and others who are concerned with the role of corporations in modem life. Designed to act as a springboard for stimulating discussion, it will be a valuable supplement to courses and seminars in corporate law and business ethics.

Privatization, Vulnerability, and Social Responsibility

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Publisher : Routledge
ISBN 13 : 1315387522
Total Pages : 516 pages
Book Rating : 4.3/5 (153 download)

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Book Synopsis Privatization, Vulnerability, and Social Responsibility by : Martha Albertson Fineman

Download or read book Privatization, Vulnerability, and Social Responsibility written by Martha Albertson Fineman and published by Routledge. This book was released on 2016-11-25 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: Taking a cross-cultural perspective, this book explores how privatization and globalization impact contemporary feminist and social justice approaches to public responsibility. Feminist legal theorists have long problematized divisions between the private and the political, an issue with growing importance in a time when the welfare state is under threat in many parts of the world and private markets and corporations transcend national boundaries. Because vulnerability analysis emphasizes our interdependency within social institutions and the need for public responsibility for our shared vulnerability, it can highlight how neoliberal policies commodify human necessities, channeling unprofitable social relationships, such as caretaking, away from public responsibility and into the individual private family. This book uses comparative analyses to examine how these dynamics manifest across different legal cultures. By highlighting similarities and differences in legal responses to vulnerability, this book provides important insights and arguments against the privatization of social need and for a more responsive state.

Judgments Judged and Wrongs Remembered

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Publisher :
ISBN 13 :
Total Pages : 364 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Judgments Judged and Wrongs Remembered by :

Download or read book Judgments Judged and Wrongs Remembered written by and published by . This book was released on 2005 with total page 364 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Punishing Poverty

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Publisher : Univ of California Press
ISBN 13 : 0520970497
Total Pages : 309 pages
Book Rating : 4.5/5 (29 download)

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Book Synopsis Punishing Poverty by : Christine S. Scott-Hayward

Download or read book Punishing Poverty written by Christine S. Scott-Hayward and published by Univ of California Press. This book was released on 2019-09-24 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: Most people in jail have not been convicted of a crime. Instead, they have been accused of a crime and cannot afford to post the bail amount to guarantee their freedom until trial. Punishing Poverty examines how the current system of pretrial release detains hundreds of thousands of defendants awaiting trial. Tracing the historical antecedents of the US bail system, with particular attention to the failures of bail reform efforts in the mid to late twentieth century, the authors describe the painful social and economic impact of contemporary bail decisions. The first book-length treatment to analyze how bail reproduces racial and economic inequality throughout the criminal justice system, Punishing Poverty explores reform efforts, as jurisdictions begin to move away from money bail systems, and the attempts of the bail bond industry to push back against such reforms. This accessibly written book gives a succinct overview of the role of pretrial detention in fueling mass incarceration and is essential reading for researchers and reformers alike.

Corporate Social Responsibility, Human Rights and the Law

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Publisher : Taylor & Francis
ISBN 13 : 1136715908
Total Pages : 337 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Corporate Social Responsibility, Human Rights and the Law by : Olufemi Amao

Download or read book Corporate Social Responsibility, Human Rights and the Law written by Olufemi Amao and published by Taylor & Francis. This book was released on 2011-05-05 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book considers the legal control of multinational corporations (MNCs) for violations of human rights from a developing country’s perspective, examining the role for corporate social responsibility (CSR) in regulating the conduct of MNCs. The book uses the case study of Nigeria which is host to major MNCs from the EU and the US, to show that the CSR concept is currently insufficient to deal with externalities emanating from MNCs‘ operations including human rights violations. The book goes on to argue that whilst control of MNCs involves regulation at the international level, more emphasis needs to be placed on possibilities at home States and host States where there are stronger bases for the control of corporations. It examines possibilities in the European Union, exploring ways in which the EU can ensure that MNCs from its territory do not violate human rights when operating abroad.

Riding the Populist Wave

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Publisher : Cambridge University Press
ISBN 13 : 1009007114
Total Pages : 371 pages
Book Rating : 4.0/5 (9 download)

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Book Synopsis Riding the Populist Wave by : Tim Bale

Download or read book Riding the Populist Wave written by Tim Bale and published by Cambridge University Press. This book was released on 2021-08-26 with total page 371 pages. Available in PDF, EPUB and Kindle. Book excerpt: In spite of the fact that Conservative, Christian democratic and Liberal parties continue to play a crucial role in the democratic politics and governance of every Western European country, they are rarely paid the attention they deserve. This cutting-edge comparative collection, combining qualitative case studies with large-N quantitative analysis, reveals a mainstream right squeezed by the need to adapt to both 'the silent revolution' that has seen the spread of postmaterialist, liberal and cosmopolitan values and the backlash against those values – the 'silent counter-revolution' that has brought with it the rise of a myriad far right parties offering populist and nativist answers to many of the continent's thorniest political problems. What explains why some mainstream right parties seem to be coping with that challenge better than others? And does the temptation to ride the populist wave rather than resist it ultimately pose a danger to liberal democracy?

Tracing Value Change in the International Legal Order

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Publisher : Oxford University Press
ISBN 13 : 0192855832
Total Pages : 369 pages
Book Rating : 4.1/5 (928 download)

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Book Synopsis Tracing Value Change in the International Legal Order by : Krieger

Download or read book Tracing Value Change in the International Legal Order written by Krieger and published by Oxford University Press. This book was released on 2023-05-31 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: International law is constantly navigating the tension between preserving the status quo and adapting to new exigencies. But when and how do such adaptation processes give way to a more profound transformation, if not a crisis of international law? To address the question of how attacks on the international legal order are changing the value orientation of international law, this book brings together scholars of international law and international relations. By combining theoretical and methodological analyses with individual case studies, this book offers readers conceptualizations and tools to systematically examine value change and explore the drivers and mechanisms of these processes. These case studies scrutinize value change in the foundational norms of the post-1945 order and in norms representing the rise of the international legal order post-1990. They cover diverse issues: the prohibition of torture, the protection of women's rights, the prohibition of the use of force, the nonproliferation of nuclear weapons, sustainability norms, and accountability for core international crimes. The challenges to each norm, the reactions by norm defenders, and the fate of each norm are also studied. Combined, the analyses show that while a few norms have remained surprisingly robust, several are changing, either in substance or in legal or social validity. The book concludes by integrating the conceptual and empirical insights from this interdisciplinary exchange to assess and explain the ambiguous nature of value change in international law beyond the extremes of mere progress or decline.

Index to Legal Periodicals & Books

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Publisher :
ISBN 13 :
Total Pages : 2312 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Index to Legal Periodicals & Books by :

Download or read book Index to Legal Periodicals & Books written by and published by . This book was released on 2006 with total page 2312 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Seattle University Law Review

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Publisher :
ISBN 13 :
Total Pages : 1138 pages
Book Rating : 4.:/5 (51 download)

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Book Synopsis Seattle University Law Review by :

Download or read book Seattle University Law Review written by and published by . This book was released on 2005 with total page 1138 pages. Available in PDF, EPUB and Kindle. Book excerpt:

DePaul Business & Commercial Law Journal

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Publisher :
ISBN 13 :
Total Pages : 710 pages
Book Rating : 4.:/5 (5 download)

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Book Synopsis DePaul Business & Commercial Law Journal by :

Download or read book DePaul Business & Commercial Law Journal written by and published by . This book was released on 2005 with total page 710 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Dimensions of Law in the Service of Order

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Publisher : Oxford University Press
ISBN 13 : 0195363248
Total Pages : 346 pages
Book Rating : 4.1/5 (953 download)

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Book Synopsis Dimensions of Law in the Service of Order by : Robert Stanley

Download or read book Dimensions of Law in the Service of Order written by Robert Stanley and published by Oxford University Press. This book was released on 1993-07-08 with total page 346 pages. Available in PDF, EPUB and Kindle. Book excerpt: A sophisticated and accessible application of the newest theoretical work in public-policy history and legal studies, this book is a detailed account of how a permanent income tax was enacted into law in the United States. The tax originated as an apology for the aggressive manipulation of other forms of taxation, especially the tariff, during the Civil War. Levied with very low rates on a small proportion of the population and raising little revenue, the early tax was designed to preserve imbalances in the structure of wealth and opportunity, rather than to ameliorate or abolish them, by strengthening the status quo against fundamental attacks by the political left and right. This book shows that the early course of income taxation was more clearly the product of centrist ideological agreement, despite occasional divergences, than of "conservative-liberal" allocative conflict.

The Conservative Assault on the Constitution

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Publisher : Simon and Schuster
ISBN 13 : 1451606354
Total Pages : 338 pages
Book Rating : 4.4/5 (516 download)

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Book Synopsis The Conservative Assault on the Constitution by : Erwin Chemerinsky

Download or read book The Conservative Assault on the Constitution written by Erwin Chemerinsky and published by Simon and Schuster. This book was released on 2010-09-28 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over the last few decades, the Supreme Court and the federal appellate courts have undergone a dramatic shift to the right, the result of a determined effort by right-wing lawmakers and presidents to reinterpret the Constitution by reshaping the judiciary. Conservative activist justices have narrowed the scope of the Constitution, denying its protections to millions of Americans, exactly as the lawmakers who appointed and confirmed these jurists intended. Basic long-standing principles of constitutional law have been overturned by the Rehnquist and Roberts courts. As distinguished law professor and constitutional expert Erwin Chemerinsky demonstrates in this invaluable book, these changes affect the lives of every American. As a result of political pressure from conservatives and a series of Supreme Court decisions, our public schools are increasingly separate and unequal, to the great disadvantage of poor and minority students. Right-wing politicians and justices are dismantling the wall separating church and state, allowing ever greater government support for religion. With the blessing of the Supreme Court, absurdly harsh sentences are being handed down to criminal defendants, such as life sentences for shoplifting and other petty offenses. Even in death penalty cases, defendants are being denied the right to competent counsel at trial, and as a result innocent people have been convicted and sentenced to death. Right-wing politicians complain that government is too big and intrusive while at the same time they are only too happy to insert the government into the most intimate aspects of the private lives of citizens when doing so conforms to conservative morality. Conservative activist judges say that the Constitution gives people an inherent right to own firearms but not to make their own medical decisions. In some states it is easier to buy an assault rifle than to obtain an abortion. Nowhere has the conservative assault on the Constitution been more visible or more successful than in redefining the role of the president. From Richard Nixon to George W. Bush, conservatives have sought to significantly increase presidential power. The result in recent years has been unprecedented abuses, including indefinite detentions, illegal surveillance, and torture of innocent people. Finally, access to the courts is being restricted by new rulings that deny legal protections to ordinary Americans. Fewer lawsuits alleging discrimination in employment are heard; fewer people are able to sue corporations or governments for injuries they have suffered; and even when these cases do go to trial, new restrictions limit damages that plaintiffs can collect. The first step in reclaiming the protections of the Constitution, says Chemerinsky, is to recognize that right-wing justices are imposing their personal prejudices, not making neutral decisions about the scope of the Constitution, as they claim, or following the "original meaning" of the Constitution. Only then do we stand a chance of reclaiming our constitutional liberties from a rigid ideological campaign that has transformed our courts and our laws. Only then can we return to a constitutional law that advances freedom and equality.