University of Chicago Law Review: Volume 81, Number 3 - Summer 2014

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Publisher : Quid Pro Books
ISBN 13 : 161027850X
Total Pages : 545 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Volume 81, Number 3 - Summer 2014 by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Volume 81, Number 3 - Summer 2014 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-09-19 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: The third issue of 2014 features three articles from recognized legal scholars, as well as extensive student research. Contents include: Articles: • Following Lower-Court Precedent, by Aaron-Andrew P. Bruhl • Constitutional Outliers, by Justin Driver • Intellectual Property versus Prizes: Reframing the Debate, by Benjamin N. Roin Review: • The Text, the Whole Text, and Nothing but the Text, So Help Me God: Un-Writing Amar's Unwritten Constitution, by Michael Stokes Paulsen Comments: • Standing on Ceremony: Can Lead Plaintiffs Claim Injury from Securities That They Did Not Purchase?, by Corey K. Brady • FISA's Fuzzy Line between Domestic and International Terrorism, by Nick Harper • The Perceived Intrusiveness of Searching Electronic Devices at the Border: An Empirical Study, by Matthew B. Kugler • Comcast Corp v Behrend and Chaos on the Ground, by Alex Parkinson • Maybe Once, Maybe Twice: Using the Rule of Lenity to Determine Whether 18 USC 924(c) Defines One Crime or Two, by F. Italia Patti • Let's Be Reasonable: Controlling Self-Help Discovery in False Claims Act Suits, by Stephen M. Payne • A Dispute Over Bona Fide Disputes in Involuntary Bankruptcy Proceedings, by Steven J. Winkelman The University of Chicago Law Review first appeared in 1933, thirty-one years after the Law School offered its first classes. Since then the Law Review has continued to serve as a forum for the expression of ideas of leading professors, judges, and practitioners, as well as students, and as a training ground for University of Chicago Law School students, who serve as its editors and contribute Comments and other research. Principal articles and essays are authored by accomplished legal and economics scholars. Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

University of Chicago Law Review: Volume 81, Number 4 - Fall 2014

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Publisher : Quid Pro Books
ISBN 13 : 1610278585
Total Pages : 580 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Volume 81, Number 4 - Fall 2014 by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Volume 81, Number 4 - Fall 2014 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-12-17 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: The University of Chicago Law Review's 4th issue of 2014 features articles and essays from recognized legal scholars, as well as extensive student research. Contents include: Articles: • The Legal Salience of Taxation, by Andrew T. Hayashi • Tax-Loss Mechanisms, by Jacob Nussim & Avraham Tabbach • Regulating Systemic Risk in Insurance, by Daniel Schwarcz & Steven L. Schwarcz • American Constitutional Exceptionalism Revisited, by Mila Versteeg & Emily Zackin Comments: • Bursting the Speech Bubble: Toward a More Fitting Perceived-Affiliation Standard, by Nicholas A. Caselli • Payments to Not Parent? Noncustodial Parents as the Recipients of Child Support, by Emma J. Cone-Roddy • Too Small to Fail: A New Perspective on Environmental Penalties for Small Businesses, by Nicholas S. Dufau • Understanding Equal Sovereignty, by Abigail B. Molitor • "Widespread" Uncertainty: The Exclusionary Rule in Civil-Removal Proceedings, by Michael J. O’Brien • Clogged Conduits: A Defendant's Right to Confront His Translated Statements, by Casen B. Ross • "Integral" Decisionmaking: Judicial Interpretation of Predispute Arbitration Agreements Naming the National Arbitration Forum, by Daniel A. Sito Volume 81, Number 4 also features Review Essays by Lisa Bernstein, Avery W. Katz, and Eyal Zamir, analyzing three recent books on contract law and theory.

University of Chicago Law Review: Volume 81, Number 2 - Spring 2014

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Publisher : Quid Pro Books
ISBN 13 : 1610278658
Total Pages : 367 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Volume 81, Number 2 - Spring 2014 by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Volume 81, Number 2 - Spring 2014 written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-06-27 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second issue of 2014 features articles and essays from recognized scholars. Contents include these Articles: • "Group to Individual (G2i) Inference in Scientific Expert Testimony," David L. Faigman, John Monahan & Christopher Slobogin • "Game Theory and the Structure of Administrative Law," Yehonatan Givati • "Habeas and the Roberts Court," Aziz Z. Huq • "Cost-Benefit Analysis and Agency Independence," Michael A. Livermore • "Accommodating Every Body," Michael Ashley Stein, Anita Silvers, Bradley A. Areheart & Leslie Pickering Francis In addition, the issue includes a Review Essay by Sharon R. Krause entitled "The Liberalism of Love," and these student Comments: • "Toward a Uniform Rule: The Collapse of the Civil-Criminal Divide in Appellate Review of Multitheory General Verdicts," Nathan H. Jack • "All out of Chewing Gum: A Case for a More Coherent Limitations Period for ERISA Breach-of-Fiduciary-Duty Claims," Raphael Janove Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

University of Chicago Law Review: Symposium - Revelation Mechanisms and the Law

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Publisher : Quid Pro Books
ISBN 13 : 1610278771
Total Pages : 387 pages
Book Rating : 4.6/5 (12 download)

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Book Synopsis University of Chicago Law Review: Symposium - Revelation Mechanisms and the Law by : University of Chicago Law Review

Download or read book University of Chicago Law Review: Symposium - Revelation Mechanisms and the Law written by University of Chicago Law Review and published by Quid Pro Books. This book was released on 2014-03-23 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: The first issue of 2014 features articles and essays from internationally recognized legal and economics scholars, including an extensive Symposium on "Revelation Mechanisms and the Law." Topics include voting options and strategies to reveal preferences, corporate governance, regulatory intensity, tort calculations of risk, mandatory disclosure of choices, partitioning interests in land, and shopping for expert witnesses. In addition, Issue 1 includes an article, "Libertarian Paternalism, Path Dependence, and Temporary Law," by Tom Ginsburg, Jonathan S. Masur & Richard H. McAdams. Applications include smoking bans and seat belt laws. Also included is a student Comment, "Too Late to Stipulate: Reconciling Rule 68 with Summary Judgments," by Channing J. Turner; and a Book Review, "Common Good and Common Ground: The Inevitability of Fundamental Disagreement," by Rebecca L. Brown, reviewing Ordered Liberty: Rights, Responsibilities, and Virtues. The issue serves, in effect, as a new and extensive book on cutting-edge issues of revelation mechanisms, strategies, prompts, nudges, and effects. The Symposium's contents are: * "Governing Communities by Auction," by Abraham Bell & Gideon Parchomovsky * "Partition and Revelation," by Yun-chien Chang & Lee Anne Fennell * "Savage Tables and Tort Law: An Alternative to the Precaution Model," by Janet M. Currie & W. Bentley MacLeod * "Revelation and Suppression of Private Information in Settlement-Bargaining Models," by Andrew F. Daughety & Jennifer F. Reinganum * "The Use and Limits of Self-Valuation Systems," by Richard A. Epstein * "Expert Mining and Required Disclosure," by Jonah B. Gelbach * "Renegotiation Design by Contract," by Richard Holden & Anup Malani * "Audits as Signals," by Maciej H. Kotowski, David A. Weisbach & Richard J. Zeckhauser * "Irreconcilable Differences: Judicial Resolution of Business Deadlock," by Claudia M. Landeo & Kathryn E. Spier * "From Helmets to Savings and Inheritance Taxes: Regulatory Intensity, Information Revelation, and Internalities," by Saul Levmore * "Quadratic Voting as Efficient Corporate Governance," by Eric A. Posner & E. Glen Weyl * "The Efficiency of Bargaining under Divided Entitlements," by Ilya Segal & Michael D. Whinston Quality ebook formatting includes active TOC, linked notes, active URLs in notes, and all the charts, tables, and formulae found in the original print version.

Law and Economics of Vertical Integration and Control

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Publisher : Academic Press
ISBN 13 : 1483261093
Total Pages : 224 pages
Book Rating : 4.4/5 (832 download)

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Book Synopsis Law and Economics of Vertical Integration and Control by : Roger D. Blair

Download or read book Law and Economics of Vertical Integration and Control written by Roger D. Blair and published by Academic Press. This book was released on 2014-05-10 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt: Law and Economics of Vertical Integration and Control focuses on the processes, methodologies, and approaches involved in the law and economics of vertical integration and control. The publication first elaborates on transaction costs, fixed proportions and contractual alternatives, and variable proportions and contractual alternatives. Discussions focus on sales revenue royalties, ownership integration, output royalties, important product-specific services, successive monopoly, advantages and limitations of internal transfers, and transaction cost determinants. The text then examines vertical integration under uncertainty and vertical integration without contractual alternatives. The book ponders on legal treatment of ownership integration and per se illegal contractual controls. Topics include tying arrangements, public policy assessment, resale price maintenance, vertical integration and the Sherman Act, market foreclosure doctrine, and the 1982 Merger Guidelines. The text also takes a look at contractual controls that are not illegal per se, alternative legal rules, and antitrust policy. The publication is a dependable reference for researchers interested in the law and economics of vertical integration and control.

The Collectivity of Life

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Publisher : Rowman & Littlefield
ISBN 13 : 1498513964
Total Pages : 229 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis The Collectivity of Life by : Joel Wendland

Download or read book The Collectivity of Life written by Joel Wendland and published by Rowman & Littlefield. This book was released on 2016-02-01 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Collectivity of Life is a study of autobiographical writing and oral histories situated in the late twentieth century United States. The central thesis is that by studying how the authors of these narratives articulate space in their stories, we can uncover a recurring critique of meritocratic individualism and reconstruct a counter-mythology that locates social mobility in collectivist experiences. Fourteen autobiographical works are studied, including those of Malcolm X, Audre Lorde, Barack Obama, and numerous other from multiple ethnic and several regions of the U.S., ranging from 1964 through 2008. More than 40 oral histories housed in archives in several regions of the country help to establish the book’s goal. By using a concept of space, this book shifts the focus of personal narrative from the internal resources of the individual to networks of support and collective efforts in the formation of their identities and the basis of their life accomplishments.

The Story of Constitutions

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Publisher : Cambridge University Press
ISBN 13 : 1009385054
Total Pages : 405 pages
Book Rating : 4.0/5 (93 download)

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Book Synopsis The Story of Constitutions by : Wim Voermans

Download or read book The Story of Constitutions written by Wim Voermans and published by Cambridge University Press. This book was released on 2023-09-30 with total page 405 pages. Available in PDF, EPUB and Kindle. Book excerpt: Wim Voermans traces the surprising story of constitutions since the agricultural revolution of c.10,000 B.C. Adopting a multi-disciplinary approach, Voermans shows how human evolution, human nature and the history of thought have all played their part in shaping modern constitutions, and how, in turn, constitutions have shaped our societies.

White Collar and Corporate Crime

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Publisher : Aspen Publishing
ISBN 13 : 1543823297
Total Pages : 682 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis White Collar and Corporate Crime by : Laura Pinto Hansen

Download or read book White Collar and Corporate Crime written by Laura Pinto Hansen and published by Aspen Publishing. This book was released on 2020-09-15 with total page 682 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely and engaging text introduces the key topics in White Collar Crime, while providing an overview of both organizational and criminological theory. Throughout the text, Law in the Real World examples and in-depth Case Studies offer the opportunity to apply the theoretical to actual situations. Throughout the text, experienced author Laura Pinto Hansen discusses the cultural and structural reasons for why white collar crime happens, even in the most regulated of industries, including financial markets and medicine. White Collar and Corporate Crime: A Case Study Approach provides the perfect introduction to the world of white collar crime. Professors and students will benefit from: Law in the Real World feature explores both well-known and lesser known examples of white collar crime, providing exposure to a wide variety of crimes in an understandable context. Discussion questions encourage students to analyze these examples in more depth. Case Studies provide an opportunity to dive deeper into a single white collar crime case related to the specific chapter. Broad coverage of a wide range of topics in a readable and engaging style. Chapters include chapter objectives, a glossary of key terms, and chapter summaries to help students understand new concepts. An introductory chapter that familiarizes students with how organizations are supposed to work, in theory, if they plan on functioning within legal boundaries. Coverage of the role of social networks in white collar crime, including its theory and terminology and use in criminal investigations in Chapter 3 Examination of the intersection of cybercrime and white collar crime in Chapter 7 Timely coverage, including the recent impeachment proceedings and effects of COVID-19

Faith and Freedom

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Publisher : Wipf and Stock Publishers
ISBN 13 : 1532679335
Total Pages : 169 pages
Book Rating : 4.5/5 (326 download)

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Book Synopsis Faith and Freedom by : Sven R. Larson

Download or read book Faith and Freedom written by Sven R. Larson and published by Wipf and Stock Publishers. This book was released on 2019-07-29 with total page 169 pages. Available in PDF, EPUB and Kindle. Book excerpt: As America approaches her 250th birthday, she is also approaching a fork in the road. The choice before us is moral and boils down to two terms: liberty or social justice? We cannot have both. This book, written by a Swedish immigrant, lays out the moral case for returning America to the Christian, libertarian values that the Founding Fathers wrote into the Declaration of Independence and the Constitution. These values guarantee liberty and opportunity, but they also require responsible citizenship in return. In understanding the latter, we can resurrect the former. By contrast, the failure to understand responsible citizenship and its critical role in defending liberty opens the door for America to irrevocably change character. Our country is already on the cusp of becoming a full-fledged egalitarian welfare state, defined not by liberty, but by the endless pursuit of social justice. As this book explains, there is a path back to freedom, one illuminated by faith, paved with practical, sensible policy reforms and traveled by people ready to exercise responsible citizenship.

American Judicial Process

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Publisher : Routledge
ISBN 13 : 113628656X
Total Pages : 666 pages
Book Rating : 4.1/5 (362 download)

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Book Synopsis American Judicial Process by : Pamela C. Corley

Download or read book American Judicial Process written by Pamela C. Corley and published by Routledge. This book was released on 2015-09-25 with total page 666 pages. Available in PDF, EPUB and Kindle. Book excerpt: This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.

Legal Spectatorship

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Publisher : Duke University Press
ISBN 13 : 1478022949
Total Pages : 138 pages
Book Rating : 4.4/5 (78 download)

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Book Synopsis Legal Spectatorship by : Kelli Moore

Download or read book Legal Spectatorship written by Kelli Moore and published by Duke University Press. This book was released on 2022-05-02 with total page 138 pages. Available in PDF, EPUB and Kindle. Book excerpt: In Legal Spectatorship Kelli Moore traces the political origins of the concept of domestic violence through visual culture in the United States. Tracing its appearance in Article IV of the Constitution, slave narratives, police notation, cybernetic theories of affect, criminal trials, and the “look” of the battered woman, Moore contends that domestic violence refers to more than violence between intimate partners—it denotes the mechanisms of racial hierarchy and oppression that undergird republican government in the United States. Moore connects the use of photographic evidence of domestic violence in courtrooms, which often stands in for women’s testimony, to slaves’ silent experience and witnessing of domestic abuse. Drawing on Harriet Jacobs’s Incidents in the Life of a Slave Girl, abolitionist print culture, courtroom witness testimony, and the work of Hortense Spillers, Moore shows how the logic of slavery and antiblack racism also dictates the silencing techniques of the contemporary domestic violence courtroom. By positioning testimony on contemporary domestic violence prosecution within the archive of slavery, Moore demonstrates that domestic violence and its image are haunted by black bodies, black flesh, and black freedom. Duke University Press Scholars of Color First Book Award recipient

The Idea of European Islam

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Publisher : Routledge
ISBN 13 : 1351604007
Total Pages : 522 pages
Book Rating : 4.3/5 (516 download)

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Book Synopsis The Idea of European Islam by : Mohammed Hashas

Download or read book The Idea of European Islam written by Mohammed Hashas and published by Routledge. This book was released on 2018-07-24 with total page 522 pages. Available in PDF, EPUB and Kindle. Book excerpt: Suspicions about the integration of Islam into European cultures have been steadily on the rise, and dramatically so since 9/11. One reason lies in the visibility of anti-Western Islamic discourses of salafi origin, which have monopolized the debate on the "true" Islam, not only among Muslims but also in the eyes of the general population across Europe; these discourses combined with Islamophobic discourses reinforce the so-called incompatibility between the West and Islam. This book breaks away from this clash between Islam and the West, by arguing that European Islam is possible. It analyzes the contribution that European Islam has made to the formation of an innovative Islamic theology that is deeply ethicist and modern, and it clarifies how this constructed European Islamic theology is able to contribute to the various debates that are related to secular-liberal democracies of Western Europe. Part I introduces four major projects that defend the idea of European Islam from different disciplines and perspectives: politics, political theology, jurisprudence and philosophy. Part II uses the frameworks from three major philosophers and scholars to approach the idea of European Islam in the context of secular-liberal societies: British scholar George Hourani, Moroccan philosopher Taha Abderrahmane and the American philosopher John Rawls. The book shows that the ongoing efforts of European Muslim thinkers to revisit the concept of citizenship and political community can be seen as a new kind of political theology, in opposition to radical forms of Islamic thinking in some Muslim-majority countries. Opening a new path for examining Islamic thought "in and of" Europe, this book will appeal to students and scholars of Islamic Studies, Islam in the West and Political Theology.

She-Devil in the City of Angels

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Publisher : Bloomsbury Publishing USA
ISBN 13 : 1440840989
Total Pages : 201 pages
Book Rating : 4.4/5 (48 download)

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Book Synopsis She-Devil in the City of Angels by : Cara Anzilotti

Download or read book She-Devil in the City of Angels written by Cara Anzilotti and published by Bloomsbury Publishing USA. This book was released on 2016-06-20 with total page 201 pages. Available in PDF, EPUB and Kindle. Book excerpt: This compelling study of the American public's response to the fate of accused murderer Hattie Woolsteen uses this legal case to examine the complexities of gender history and societal fears about the changing roles of women during the Victorian era. In October of 1887, a young woman named Hattie Woolsteen was accused of murdering her married lover, Los Angeles dentist Charles Harlan. The subsequent trial captivated the public as few incidents had done before. The idea of a female murderer was particularly disturbing in 19th-century America, and the public quickly labeled her a fiend and a "she-devil." But despite the overwhelming evidence against the accused, Hattie Woolsteen was not only acquitted of the charge, but emerged as the victim in this sordid drama. As the public grappled with the details of Hattie's alleged crime, she became a symbol of female victimization and gender inequality—as well as an unlikely champion of women's rights. This book provides the fascinating and lurid details of the Hattie Woolsteen murder case within the context of 19th-century American social history, allowing readers to view this event in historical perspective. Its chapters examine the various factors that influenced public opinion about the case and its outcome, including Victorian attitudes about gender roles and women's place in American society as well as sexuality and crime, common concerns about the societal consequences of rapid urbanization, the power of the Victorian-era press in shaping public opinion, and the subjective nature of the criminal justice system in that time period.

A Written Constitution for Quebec?

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Publisher : McGill-Queen's Press - MQUP
ISBN 13 : 0228014786
Total Pages : 232 pages
Book Rating : 4.2/5 (28 download)

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Book Synopsis A Written Constitution for Quebec? by : Richard Albert

Download or read book A Written Constitution for Quebec? written by Richard Albert and published by McGill-Queen's Press - MQUP. This book was released on 2023-01-15 with total page 232 pages. Available in PDF, EPUB and Kindle. Book excerpt: No province in Canada has codified a written constitution, and whether Quebec should be the first remains a controversial question. A Written Constitution for Quebec? enters into the debate, drawing a roadmap through the legal, political, and constitutional terrain of the issue. Leading scholars each take their own position in the debate, examining the issue from various sides and exploring the forms and limits of a codified Quebec constitution by asking whether Quebec should adopt a written constitution, how the province might go about it, and what such a document might achieve. Along with a comprehensive introduction to constitutional codification and how it relates to Quebec, the book opens with a proposal for a written constitution, with the analyses that follow expressing a diversity of views on the feasibility and desirability of a written constitution for the province. An array of perspectives through the lenses of Indigenous inclusion and reconciliation, interculturalism and democratic constitutionalism, and insights from other federal and plurinational states – are included in this wide-ranging volume. Taking a doctrinal, historical, theoretical, and comparative approach, A Written Constitution for Quebec? extensively addresses Quebec’s constitutional future in Canada.

Civil Society and the Reform of Finance

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Publisher : Routledge
ISBN 13 : 1317503473
Total Pages : 335 pages
Book Rating : 4.3/5 (175 download)

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Book Synopsis Civil Society and the Reform of Finance by : Charles McDaniel, Jr.

Download or read book Civil Society and the Reform of Finance written by Charles McDaniel, Jr. and published by Routledge. This book was released on 2015-07-16 with total page 335 pages. Available in PDF, EPUB and Kindle. Book excerpt: Efforts to resolve the recent financial crisis have obscured a more deeply rooted financialization crisis that impacts not only the market economy but also the vital civic and moral traditions that support it. This book reveals the cultural influence of finance in reshaping the foundations of American civil society and proposes a return to certain "first principles" of the Republic to restore the nation’s economic vision. This book demonstrates how funding concerns and financial incentives "revalue" faith traditions, educational institutions, non-profit organizations, and even the nation’s healthcare system in ways that are eroding the diversity of American culture. These changes also undermine the ethical framework of both democratic government and the free-market system. While financial influence has diminished the value of civil society, this book proposes that revitalized intermediary institutions still offer the best path forward in restoring the financial sector and, more broadly, enriching the American competitive ethic toward development of a more virtuous economy. The book is written for an academic and professional audience, offering a blueprint for the involvement of civil society with government in providing more communally integrated oversight that could contribute to a genuine democratization of finance.

A Consequentialist Defense of Libertarianism

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Publisher : Rowman & Littlefield
ISBN 13 : 1793632057
Total Pages : 233 pages
Book Rating : 4.7/5 (936 download)

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Book Synopsis A Consequentialist Defense of Libertarianism by : Richard Fumerton

Download or read book A Consequentialist Defense of Libertarianism written by Richard Fumerton and published by Rowman & Littlefield. This book was released on 2021-04-19 with total page 233 pages. Available in PDF, EPUB and Kindle. Book excerpt: In A Consequentialist Defense of Libertarianism, Richard Fumerton argues that empirical facts concerning consequences must always play a crucial role in a plausible defense of freedom. After making distinctions between morality and law, he defends the view that it is a fundamental mistake to think that the law should always, or even usually, attempt to mirror morality. With this framework in place, Fumerton addresses various controversial questions concerning when the law ought to side with freedom. He offers a nuanced defense of several positions shared by many "moderate" libertarians. This consequentialist defense of freedom offers a fresh perspective on some very old philosophical debates. As more people become frustrated with a perceived lack of principled attempts by established political parties to appreciate important concerns people have involving their desire for freedom, the issues discussed in this book are particularly timely.

Reconstructing the National Bank Controversy

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Author :
Publisher : University of Chicago Press
ISBN 13 : 022657945X
Total Pages : 264 pages
Book Rating : 4.2/5 (265 download)

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Book Synopsis Reconstructing the National Bank Controversy by : Eric Lomazoff

Download or read book Reconstructing the National Bank Controversy written by Eric Lomazoff and published by University of Chicago Press. This book was released on 2018-11-07 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Bank of the United States sparked several rounds of intense debate over the meaning of the Constitution’s Necessary and Proper Clause, which authorizes the federal government to make laws that are “necessary” for exercising its other powers. Our standard account of the national bank controversy, however, is incomplete. The controversy was much more dynamic than a two-sided debate over a single constitutional provision and was shaped as much by politics as by law. With Reconstructing the National Bank Controversy, Eric Lomazoff offers a far more robust account of the constitutional politics of national banking between 1791 and 1832. During that time, three forces—changes within the Bank itself, growing tension over federal power within the Republican coalition, and the endurance of monetary turmoil beyond the War of 1812 —drove the development of our first major debate over the scope of federal power at least as much as the formal dimensions of the Constitution or the absence of a shared legal definition for the word “necessary.” These three forces—sometimes alone, sometimes in combination—repeatedly reshaped the terms on which the Bank’s constitutionality was contested. Lomazoff documents how these three dimensions of the polity changed over time and traces the manner in which they periodically led federal officials to adjust their claims about the Bank’s constitutionality. This includes the emergence of the Coinage Clause—which gives Congress power to “coin money, regulate the value thereof”—as a novel justification for the institution. He concludes the book by explaining why a more robust account of the national bank controversy can help us understand the constitutional basis for modern American monetary politics.