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Political and Legal Remedies for War (Classic Reprint)

Author : Sheldon Amos
Publisher : Forgotten Books
ISBN 13 : 9780265165829
Total Pages : 274 pages
Book Rating : 4.1/5 (658 download)

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Book Synopsis Political and Legal Remedies for War (Classic Reprint) by : Sheldon Amos

Download or read book Political and Legal Remedies for War (Classic Reprint) written by Sheldon Amos and published by Forgotten Books. This book was released on 2017-10-11 with total page 274 pages. Available in PDF, EPUB and Kindle. Book excerpt: Excerpt from Political and Legal Remedies for War Owing to this levity or confusion of treatment, the whole topic of Neutral rights and duties, with which about a third part of International Law is concerned, has been treated far too exclusively, and far more often, from the point of view of Neutral and Belligerent interests than from its bearing on the length of the War, on the probability of the recurrence of War, or on the promotion of a permanently pacific state of society. Of course, the latter considerations have been adverted to, and the consideration of Neutral and Belligerent interests ought to have its weight in the inquiry. The complaint here is that writers on the subject either do not adjust competing classes of considerations, or adjust them in a way which nothing but an habitual indifference to the evil of War in itself, or inatten tion to its true nature, could explain or excuse. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.

Political and Legal Remedies for War

Author : Sheldon Amos
Publisher : Wentworth Press
ISBN 13 : 9780469786295
Total Pages : 370 pages
Book Rating : 4.7/5 (862 download)

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Book Synopsis Political and Legal Remedies for War by : Sheldon Amos

Download or read book Political and Legal Remedies for War written by Sheldon Amos and published by Wentworth Press. This book was released on 2019-02-26 with total page 370 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work has been selected by scholars as being culturally important, and is part of the knowledge base of civilization as we know it. This work was reproduced from the original artifact, and remains as true to the original work as possible. Therefore, you will see the original copyright references, library stamps (as most of these works have been housed in our most important libraries around the world), and other notations in the work. This work is in the public domain in the United States of America, and possibly other nations. Within the United States, you may freely copy and distribute this work, as no entity (individual or corporate) has a copyright on the body of the work. As a reproduction of a historical artifact, this work may contain missing or blurred pages, poor pictures, errant marks, etc. Scholars believe, and we concur, that this work is important enough to be preserved, reproduced, and made generally available to the public. We appreciate your support of the preservation process, and thank you for being an important part of keeping this knowledge alive and relevant.

The Collapse of Constitutional Remedies

Author : Aziz Z. Huq
Publisher : Oxford University Press
ISBN 13 : 0197556817
Total Pages : 193 pages
Book Rating : 4.1/5 (975 download)

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Book Synopsis The Collapse of Constitutional Remedies by : Aziz Z. Huq

Download or read book The Collapse of Constitutional Remedies written by Aziz Z. Huq and published by Oxford University Press. This book was released on 2021 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: "This book describes and explains the failure of the federal courts of the United States to act and to provide remedies to individuals whose constitutional rights have been violated by illegal state coercion and violence. This remedial vacuum must be understood in light of the original design and historical development of the federal courts. At its conception, the federal judiciary was assumed to be independent thanks to an apolitical appointment process, a limited supply of adequately trained lawyers (which would prevent cherry-picking), and the constraining effect of laws and constitutional provision. Each of these checks quickly failed. As a result, the early federal judicial system was highly dependent on Congress. Not until the last quarter of the nineteenth century did a robust federal judiciary start to emerge, and not until the first quarter of the twentieth century did it take anything like its present form. The book then charts how the pressure from Congress and the White House has continued to shape courts behaviour-first eliciting a mid-twentieth-century explosion in individual remedies, and then driving a five-decade long collapse. Judges themselves have not avidly resisted this decline, in part because of ideological reasons and in part out of institutional worries about a ballooning docket. Today, as a result of these trends, the courts are stingy with individual remedies, but aggressively enforce the so-called "structural" constitution of the separation of powers and federalism. This cocktail has highly regressive effects, and is in urgent need of reform"--

Changing Minds, If Not Hearts

Author : James M. Glaser
Publisher : University of Pennsylvania Press
ISBN 13 : 0812245288
Total Pages : 193 pages
Book Rating : 4.8/5 (122 download)

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Book Synopsis Changing Minds, If Not Hearts by : James M. Glaser

Download or read book Changing Minds, If Not Hearts written by James M. Glaser and published by University of Pennsylvania Press. This book was released on 2013-08-21 with total page 193 pages. Available in PDF, EPUB and Kindle. Book excerpt: James M. Glaser and Timothy J. Ryan vividly show how political strategies can counteract the impulse to think about racial issues in terms of winners and losers. Their problem-focused research shows how communities can build majority support for minority interests, even in the face of emotionally charged group conflicts.

Flynn V. Shultz

Author :
Publisher :
ISBN 13 :
Total Pages : 30 pages
Book Rating : 4.W/5 ( download)

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Download or read book Flynn V. Shultz written by and published by . This book was released on 1984 with total page 30 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Political and Legal Remedies of War, by Sheldon Amos,...

Author : Sheldon Amos
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.:/5 (456 download)

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Book Synopsis Political and Legal Remedies of War, by Sheldon Amos,... by : Sheldon Amos

Download or read book Political and Legal Remedies of War, by Sheldon Amos,... written by Sheldon Amos and published by . This book was released on 1880 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:

Political Law Review Questions and Notes (including Extraordinary Legal Remedies and Municipal Corporations)

Author : Joseʹe Paciano Laurel
Publisher :
ISBN 13 :
Total Pages : 188 pages
Book Rating : 4.:/5 (239 download)

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Book Synopsis Political Law Review Questions and Notes (including Extraordinary Legal Remedies and Municipal Corporations) by : Joseʹe Paciano Laurel

Download or read book Political Law Review Questions and Notes (including Extraordinary Legal Remedies and Municipal Corporations) written by Joseʹe Paciano Laurel and published by . This book was released on 1926 with total page 188 pages. Available in PDF, EPUB and Kindle. Book excerpt:

The Role Of The Supreme Court In American Politics

Author : Richard Pacelle
Publisher : Routledge
ISBN 13 : 0429975511
Total Pages : 253 pages
Book Rating : 4.4/5 (299 download)

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Book Synopsis The Role Of The Supreme Court In American Politics by : Richard Pacelle

Download or read book The Role Of The Supreme Court In American Politics written by Richard Pacelle and published by Routledge. This book was released on 2018-03-05 with total page 253 pages. Available in PDF, EPUB and Kindle. Book excerpt: When the Supreme Court's effectively decided the presidential election of 2000, it decision illustrated a classic question in American politics: what is the appropriate role for the Supreme Court? The dilemma is between judicial activism, the Court's willingness to make significant changes in public policy, and judicial restraint, the Court's willingness to confine the use and extent of its power. While the Framers of the Constitution felt that the judiciary would be the "least dangerous branch" of government, many have come to the conclusion that courts govern America, a notion at odds with democratic government.Richard Pacelle traces the historical ebb and flow of the Court's role in the critical issues of American politics: slavery, free speech, religion, abortion, and affirmative action. Pacelle examines the arguments for judicial restraint, including that unelected judges making policy runs against democratic principles, and the arguments for judicial activism, including the important role the court has played as a protector of minority rights. Pacelle suggests that there needs to be a balance between judicial activism and restraint in light of the constraints on the institution and its power. Stimulating and sure to generate discussion, The Supreme Court in American Politics is a concise supplemental text for American Government and Judicial Politics course.

Partisan Politics, the Evil and the Remedy

Author : James Sayles Brown
Publisher :
ISBN 13 :
Total Pages : 232 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Partisan Politics, the Evil and the Remedy by : James Sayles Brown

Download or read book Partisan Politics, the Evil and the Remedy written by James Sayles Brown and published by . This book was released on 1897 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt:

INTERNAT COVENANT CIVIL POL RIGHTS 3E C

Author : Sarah Joseph
Publisher : OUP Oxford
ISBN 13 : 0191650234
Total Pages : 1042 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis INTERNAT COVENANT CIVIL POL RIGHTS 3E C by : Sarah Joseph

Download or read book INTERNAT COVENANT CIVIL POL RIGHTS 3E C written by Sarah Joseph and published by OUP Oxford. This book was released on 2013-07-25 with total page 1042 pages. Available in PDF, EPUB and Kindle. Book excerpt: Now in its third edition, this book is the authoritative text on one of the world's most important human rights treaties, the International Covenant on Civil and Political Rights. The Covenant is of universal relevance. Adopted by the UN General Assembly in 1966 and in force from 1976, it commits the signatories and parties to respect the civil and political freedoms and rights of individuals. Monitored by the UN Human Rights Committee, the Covenant ratified by the majority of UN member states. The book meticulously extracts and analyzes the jurisprudence over nearly forty years of the UN Human Rights Committee, on each of the various ICCPR rights, including the right to life, the right to freedom from torture, the right of freedom of religion, the right of freedom of expression, and the right to privacy, as well as admissibility criteria under the First Optional Protocol. Key miscellaneous issues, such as reservations, derogations, and denunciations, are also thoroughly assessed. Comprehensively indexed and cross-referenced, this book offers elegant and straight-forward access to the jurisprudence of the Human Rights Committee and other UN human rights treaty bodies. Presented in a clear and illuminating manner, it will be of use to the judiciary, human rights practitioners, human rights activists, government institutions, academics, and students alike.

Remedies against Immunity?

Author : Valentina Volpe
Publisher : Springer Nature
ISBN 13 : 3662623048
Total Pages : 427 pages
Book Rating : 4.6/5 (626 download)

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Book Synopsis Remedies against Immunity? by : Valentina Volpe

Download or read book Remedies against Immunity? written by Valentina Volpe and published by Springer Nature. This book was released on 2021-04-08 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: The open access book examines the consequences of the Italian Constitutional Court’s Judgment 238/2014 which denied the German Republic’s immunity from civil jurisdiction over claims to reparations for Nazi crimes committed during World War II. This landmark decision created a range of currently unresolved legal problems and controversies which continue to burden the political and diplomatic relationship between Germany and Italy. The judgment has wide repercussions for core concepts of international law and for the relationship between different legal orders. The book’s three interlinked legal themes are state immunity, reparation for serious human rights violations and war crimes (including historical ones), and the interaction between international and domestic institutions, notably courts. Besides a meticulous legal analysis of these themes from the perspectives of international law, European law, and domestic law, the book contributes to the civic debate on the issue of war crimes and reparation for the victims of armed conflict. It proposes concrete legal and political solutions to the parties involved for overcoming the present paralysis with a view to a sustainable interstate conflict solution and helps judges directly involved in the pending post-Sentenza reparation cases. After an Introduction (Part I), Part II, Immunity, investigates core international law concepts such as those of pre/post-judgment immunity and international state responsibility. Part III, Remedies, examines the tension between state immunity and the right to remedy and suggests original schemes for solving the conundrum under international law. Part IV adds European Perspectives by showcasing relevant regional examples of legal cooperation and judicial dialogue. Part V, Courts, addresses questions on the role of judges in the areas of immunity and human rights at both the national and international level. Part VI, Negotiations, suggests concrete ways out of the impasse with a forward-looking aspiration. In Part VII, The Past and Future of Remedies, a sitting judge in the Court that decided Sentenza 238/2014 adds some critical reflections on the Judgment. Joseph H. H. Weiler’s Dialogical Epilogue concludes the volume by placing the main findings of the book in a wider European and international law perspective.

Rights, Remedies, and the Impact of State Sovereign Immunity

Author : Christopher Shortell
Publisher :
ISBN 13 : 9781435658820
Total Pages : 216 pages
Book Rating : 4.6/5 (588 download)

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Book Synopsis Rights, Remedies, and the Impact of State Sovereign Immunity by : Christopher Shortell

Download or read book Rights, Remedies, and the Impact of State Sovereign Immunity written by Christopher Shortell and published by . This book was released on 2008 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Supreme Court s recent spate of state sovereign immunity rulings have protected states from lawsuits based on federal legislation as diverse as disabilities law, age discrimination, patent and trademark law, and labor standards. But does the doctrine of state sovereign immunity increase state authority? Does it undermine federal antidiscrimination statutes? Is it an effective means to revive a more robust version of federalism, shifting the balance of power toward states and away from the federal government, and if so, what are the costs and implications of such an approach? This book explores these questions through engaging historical case studies and traces the impact of state sovereign immunity on both plaintiffs and states. Demonstrating that the doctrine s primary effect is felt most keenly by the weakest and most politically unpopular individuals, Christopher Shortell s findings challenge arguments from both proponents and opponents of state sovereign immunity.

Unhealthy Politics

Author : Eric M. Patashnik
Publisher : Princeton University Press
ISBN 13 : 0691158819
Total Pages : 277 pages
Book Rating : 4.6/5 (911 download)

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Book Synopsis Unhealthy Politics by : Eric M. Patashnik

Download or read book Unhealthy Politics written by Eric M. Patashnik and published by Princeton University Press. This book was released on 2017-10-03 with total page 277 pages. Available in PDF, EPUB and Kindle. Book excerpt: How partisanship, polarization, and medical authority stand in the way of evidence-based medicine The U.S. medical system is touted as the most advanced in the world, yet many common treatments are not based on sound science. Treatments can go into widespread use before they are rigorously evaluated, and every year patients are harmed because they receive too many procedures—and too few treatments that really work. Unhealthy Politics sheds new light on why the government’s response to this troubling situation has been so inadequate, and why efforts to improve the evidence base of U.S. medicine continue to cause so much political controversy and public trepidation. This critically important book draws on public opinion surveys, physician surveys, case studies, and political science models to explain how political incentives, polarization, and the misuse of professional authority have undermined efforts to tackle the medical evidence problem and curb wasteful spending. It paints a portrait of a medical industry with vast influence over which procedures and treatments get adopted, and a public burdened by the rising costs of health care yet fearful of going against “doctor’s orders.” The book shows how the government’s efforts to promote evidence-based medicine have become mired in partisan debates. It also proposes sensible solutions that can lead to better, more efficient health care for all of us. Unhealthy Politics offers vital insights not only into health policy but also into the limits of science, expertise, and professionalism as political foundations for pragmatic problem solving in American democracy.

Towards Juristocracy

Author : Ran Hirschl
Publisher : Harvard University Press
ISBN 13 : 9780674038677
Total Pages : 306 pages
Book Rating : 4.0/5 (386 download)

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Book Synopsis Towards Juristocracy by : Ran Hirschl

Download or read book Towards Juristocracy written by Ran Hirschl and published by Harvard University Press. This book was released on 2009-06-30 with total page 306 pages. Available in PDF, EPUB and Kindle. Book excerpt: In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.

The Final Arbiter

Author : Christopher P. Banks
Publisher : State University of New York Press
ISBN 13 : 0791482847
Total Pages : 298 pages
Book Rating : 4.7/5 (914 download)

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Book Synopsis The Final Arbiter by : Christopher P. Banks

Download or read book The Final Arbiter written by Christopher P. Banks and published by State University of New York Press. This book was released on 2012-02-01 with total page 298 pages. Available in PDF, EPUB and Kindle. Book excerpt: The resolution of the 2000 presidential election by the U.S. Supreme Court's Bush v. Gore decision generated an extraordinary outpouring of literature in a very short period of time. Now that the initial furor over the decision has subsided, The Final Arbiter presents a sober consideration of the consequences of the decision for the law, the presidency, and the legitimacy of the American political system. The contributors include well-established names in law and political science, as well as up-and-coming scholars, offering a broad understanding of Bush v. Gore's long-term impact. This book will be useful as a classroom text in both survey courses on elections and the courts and for advanced courses that consider the impact of judicial rulings on the government and political process.

Political Constitutionalism

Author : Richard Bellamy
Publisher : Cambridge University Press
ISBN 13 : 1139467913
Total Pages : 280 pages
Book Rating : 4.1/5 (394 download)

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Book Synopsis Political Constitutionalism by : Richard Bellamy

Download or read book Political Constitutionalism written by Richard Bellamy and published by Cambridge University Press. This book was released on 2007-09-13 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: Judicial review by constitutional courts is often presented as a necessary supplement to democracy. This book questions its effectiveness and legitimacy. Drawing on the republican tradition, Richard Bellamy argues that the democratic mechanisms of open elections between competing parties and decision-making by majority rule offer superior and sufficient methods for upholding rights and the rule of law. The absence of popular accountability renders judicial review a form of arbitrary rule which lacks the incentive structure democracy provides to ensure rulers treat the ruled with equal concern and respect. Rights based judicial review undermines the constitutionality of democracy. Its counter-majoritarian bias promotes privileged against unprivileged minorities, while its legalism and focus on individual cases distort public debate. Rather than constraining democracy with written constitutions and greater judicial oversight, attention should be paid to improving democratic processes through such measures as reformed electoral systems and enhanced parliamentary scrutiny.

Anarchy and the Law

Author : Edward P. Stringham
Publisher : Transaction Publishers
ISBN 13 : 1412808901
Total Pages : 715 pages
Book Rating : 4.4/5 (128 download)

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Book Synopsis Anarchy and the Law by : Edward P. Stringham

Download or read book Anarchy and the Law written by Edward P. Stringham and published by Transaction Publishers. This book was released on 2011-12-31 with total page 715 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private-property anarchism, also known as anarchist libertarianism, individualist anarchism, and anarcho-capitalism, is a political philosophy and set of economic and legal arguments that maintains that, just as the markets and private institutions of civil society provide food, shelter, and other human needs, markets and contracts should provide law and that the rule of law itself can only be understood as a private institution. To the libertarian, the state and its police powers are not benign societal forces, but a system of conquest, authoritarianism, and occupation. But whereas limited government libertarians argue in favor of political constraints, anarchist libertarians argue that, to check government against abuse, the state itself must be replaced by a social order of self-government based on contracts. Indeed, contemporary history has shown that limited government is untenable, as it is inherently unstable and prone to corruption, being dependent on the interest-group politics of the state's current leadership. Anarchy and the Law presents the most important essays explaining, debating, and examining historical examples of stateless orders. Section I, "Theory of Private Property Anarchism," presents articles that criticize arguments for government law enforcement and discuss how the private sector can provide law. In Section II, "Debate," limited government libertarians argue with anarchist libertarians about the morality and viability of private-sector law enforcement. Section III, "History of Anarchist Thought," contains a sampling of both classic anarchist works and modern studies of the history of anarchist thought and societies. Section IV, "Historical Case Studies of Non-Government Law Enforcement," shows that the idea that markets can function without state coercion is an entirely viable concept. Anarchy and the Law is a comprehensive reader on anarchist libertarian thought that will be welcomed by students of government, political science, history, philosophy, law, economics, and the broader study of liberty.