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The Administrative State

Author : Dwight Waldo
ISBN : 9781351486330
Genre : Political Science
File Size : 88. 96 MB
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This classic text, originally published in 1948, is a study of the public administration movement from the viewpoint of political theory and the history of ideas. It seeks to review and analyze the theoretical element in administrative writings and to present the development of the public administration movement as a chapter in the history of American political thought.The objectives of The Administrative State are to assist students of administration to view their subject in historical perspective and to appraise the theoretical content of their literature. It is also hoped that this book may assist students of American culture by illuminating an important development of the first half of the twentieth century. It thus should serve political scientists whose interests lie in the field of public administration or in the study of bureaucracy as a political issue; the public administrator interested in the philosophic background of his service; and the historian who seeks an understanding of major governmental developments.This study, now with a new introduction by public policy and administration scholar Hugh Miller, is based upon the various books, articles, pamphlets, reports, and records that make up the literature of public administration, and documents the political response to the modern world that Graham Wallas named the Great Society. It will be of lasting interest to students of political science, government, and American history.

Harvard Law Review

Author :
ISBN : UOM:39015023142352
Genre : Electronic journals
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The Harvard Law Review is a student-run journal of legal scholarship. It is intended to be an effective research tool for practicing lawyers and students of the law. The Review publishes articles by professors, judges, and practitioners and solicits reviews of important recent books from recognized experts.

Private Government How Employers Rule Our Lives And Why We Don T Talk About It

Author : Elizabeth Anderson
ISBN : 9781400887781
Genre : Philosophy
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Why our workplaces are authoritarian private governments—and why we can't see it One in four American workers says their workplace is a "dictatorship." Yet that number probably would be even higher if we recognized most employers for what they are—private governments with sweeping authoritarian power over our lives, on duty and off. We normally think of government as something only the state does, yet many of us are governed far more—and far more obtrusively—by the private government of the workplace. In this provocative and compelling book, Elizabeth Anderson argues that the failure to see this stems from long-standing confusions. These confusions explain why, despite all evidence to the contrary, we still talk as if free markets make workers free—and why so many employers advocate less government even while they act as dictators in their businesses. In many workplaces, employers minutely regulate workers' speech, clothing, and manners, leaving them with little privacy and few other rights. And employers often extend their authority to workers' off-duty lives. Workers can be fired for their political speech, recreational activities, diet, and almost anything else employers care to govern. Yet we continue to talk as if early advocates of market society—from John Locke and Adam Smith to Thomas Paine and Abraham Lincoln—were right when they argued that it would free workers from oppressive authorities. That dream was shattered by the Industrial Revolution, but the myth endures. Private Government offers a better way to talk about the workplace, opening up space for discovering how workers can enjoy real freedom. Based on the prestigious Tanner Lectures delivered at Princeton University's Center for Human Values, Private Government is edited and introduced by Stephen Macedo and includes commentary by cultural critic David Bromwich, economist Tyler Cowen, historian Ann Hughes, and philosopher Niko Kolodny.

Harvard Law Review Volume 128 Number 6 April 2015

Author : Harvard Law Review
ISBN : 9781610278317
Genre : Law
File Size : 81. 61 MB
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The Harvard Law Review, April 2015, is offered in a digital edition. Contents include the annual Developments in the Law survey of a particular area of legal concern; this year's topic is Policing. Other contents include: • Article, "Consent Procedures and American Federalism," by Bridget Fahey • Essay, "Anticipatory Remedies for Takings," by Thomas W. Merrill • Book Review, "How a 'Lawless' China Made Modern America: An Epic Told in Orientalism," by Carol G.S. Tan Specific subjects studied in Developments in the Law—Policing are: Policing and Profit, Policing Students, Policing Immigrant Communities, and Considering Police Body Cameras. In addition, the issue features student commentary on Recent Cases, including such subjects as: the business judgment rule and mergers; whistleblowing under Dodd-Frank and extraterritoriality; senate redistricting in New York; postmortem rights of publicity; standing and overlap of various tests used; informing one who pleads No Contest of collateral consequences; exceptions to New York marriage license requirement for out-of-state marriages; exclusionary rule for violations of Posse Comitatus restrictions; and extending federal forced labor statute to conduct criminalized under state law. Finally, the issue features several summaries of Recent Publications. The Harvard Law Review is a student-run organization whose primary purpose is to publish a journal of legal scholarship. The Review comes out monthly from November through June and has roughly 2500 pages per volume. The organization is formally independent of the Harvard Law School. Student editors make all editorial and organizational decisions. This issue of the Review is Apr. 2015, the 6th issue of academic year 2014-2015 (Volume 128). The digital edition features active Contents, linked notes, and proper ebook and Bluebook formatting.

Judging Statutes

Author : Robert A. Katzmann
ISBN : 9780199362158
Genre : Law
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In an ideal world, the laws of Congress--known as federal statutes--would always be clearly worded and easily understood by the judges tasked with interpreting them. But many laws feature ambiguous or even contradictory wording. How, then, should judges divine their meaning? Should they stick only to the text? To what degree, if any, should they consult aids beyond the statutes themselves? Are the purposes of lawmakers in writing law relevant? Some judges, such as Supreme Court Justice Antonin Scalia, believe courts should look to the language of the statute and virtually nothing else. Chief Judge Robert A. Katzmann of the U.S. Court of Appeals for the Second Circuit respectfully disagrees. In Judging Statutes, Katzmann, who is a trained political scientist as well as a judge, argues that our constitutional system charges Congress with enacting laws; therefore, how Congress makes its purposes known through both the laws themselves and reliable accompanying materials should be respected. He looks at how the American government works, including how laws come to be and how various agencies construe legislation. He then explains the judicial process of interpreting and applying these laws through the demonstration of two interpretative approaches, purposivism (focusing on the purpose of a law) and textualism (focusing solely on the text of the written law). Katzmann draws from his experience to show how this process plays out in the real world, and concludes with some suggestions to promote understanding between the courts and Congress. When courts interpret the laws of Congress, they should be mindful of how Congress actually functions, how lawmakers signal the meaning of statutes, and what those legislators expect of courts construing their laws. The legislative record behind a law is in truth part of its foundation, and therefore merits consideration.

Environment In The Balance

Author : Jonathan Z. Cannon
ISBN : 9780674425989
Genre : Law
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Does the green movement remain a transformative force in American life? In Environment in the Balance Jonathan Cannon interprets a wide range of U.S. Supreme Court decisions over four decades and explores the current ferment among activists, to gauge the practical and cultural impact of environmentalism and its future prospects.

Vagrant Nation

Author : Risa Goluboff
ISBN : 9780199768448
Genre : Vagrancy
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"In 1950s America, it was remarkably easy for police to arrest almost anyone for almost any reason. The criminal justice system-and especially the age-old law of vagrancy-played a key role not only in maintaining safety and order but also in enforcing conventional standards of morality and propriety. A person could be arrested for sporting a beard, making a speech, or working too little. Yet by the end of the 1960s, vagrancy laws were discredited and American society was fundamentally transformed. What happened? In Vagrant Nation, Risa Goluboff provides a truly groundbreaking account of this transformation. By reading the history of the 1960s through the lens of vagrancy laws, Goluboff shows how constitutional challenges to long-standing police practices were at the center of the multiple movements that made "the 1960s." Vagrancy laws were not just about poor people. They were so broad and flexible-criminalizing everything from immorality to wandering about-that they made it possible for the police to arrest anyone out of place in any way: Beats and hippies; Communists and Vietnam War protestors; racial minorities, civil rights activists, and interracial couples; prostitutes, single women, and gay men, lesbians, and other sexual minorities. As hundreds of these "vagrants" and their lawyers claimed that vagrancy laws were unconstitutional, the laws became a flashpoint for debates about radically different visions of order and freedom. In Goluboff's compelling portrayal, the legal campaign against vagrancy laws becomes a sweeping legal and social history of the 1960s. It touches on movements advocating everything from civil rights to peace to gay rights to welfare rights to cultural revolution. As Goluboff links the human stories of those arrested to the great controversies of the time, she makes coherent an era that often seems chaotic. She also powerfully demonstrates how ordinary people, with the help of lawyers and judges, can change the meaning of the Constitution. By 1972, the Supreme Court announced that vagrancy laws that had been a law enforcement staple for four hundred years were no longer constitutional. That decision, as well as the social movements and legal arguments that prompted it, has had major consequences for current debates about police power and constitutional rights. Clashes over everything from stop and frisk to homelessness to public protests echo the same tension between order and freedom that vagrancy cases tried to resolve. Since the early 1970s, courts, policymakers, activists, and ordinary citizens have had to contend with the massive legal vacuum left by vagrancy law's downfall. Battles over what, if anything, should replace vagrancy laws, like battles over the legacy of the sixties transformations themselves, are far from over"--

Harvard Law Review Volume 127 Number 1 November 2013

Author : Harvard Law Review
ISBN : 9781610278881
Genre : Law
File Size : 82. 58 MB
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The November issue is the special annual review of the U.S. Supreme Court's previous Term. Each year, the issue is introduced by noteworthy and extensive contributions from recognized scholars. In this issue, for the 2012 Term, articles and essays include: • Foreword: "Equality Divided," by Reva B. Siegel • Comment: "Beyond the Discrimination Model on Voting," by Samuel Issacharoff • Comment: "Windsor and Brown: Marriage Equality and Racial Equality," by Michael J. Klarman • Comment: "License, Registration, Cheek Swab: DNA Testing and the Divided Court," by Erin Murphy The issue also features essays on substantive and procedural law, and judicial method, honoring Justice Ruth Bader Ginsburg and her 20 years on the Court. The essays are written by such scholars as Deborah Anker, Susan Farbstein, Judge Nancy Gertner, Lani Guinier, Vicki Jackson, Richard Lazarus, John Manning, Martha Minow, Carol Steiker, Julie Suk, Laurence Tribe, and Mark Tushnet. In addition, the first issue of each new volume provides an extensive summary of the important cases of the previous Supreme Court docket, covering a wide range of legal, political and constitutional subjects. Student commentary on Leading Cases of the 2012 Term includes recent cases on: federal preemption regarding elections; the Privileges and Immunities Clause; unconstitutional conditions violating free speech; effective assistance of counsel; dog-sniffing at the doorstep under the Fourth Amendment; jury trial right for mandatory sentencing; affirmative action in public universities; class action certification in securities cases; class action waivers in arbitration clauses; plain error review when new law is made after appeal; standing in government surveillance challenges; extraterritoriality under the Alien Tort Statute; actual innocence under AEDPA; deference to agencies in clean water and communication act cases; the First Sale Doctrine in copyright law; patent exhaustion; patentable subject matter; reverse payment settlements; Indian adoptions; and employer liability for supervisor harassment under Title VII. Complete statistical graphs and tables of the Court's actions and results during the Term are included. Finally, the issue features several summaries of Recent Publications.

Marriage Markets

Author : June Carbone
ISBN : 9780199916597
Genre : Law
File Size : 47. 72 MB
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There was a time when the phrase "American family" conjured up a single, specific image: a breadwinner dad, a homemaker mom, and their 2.5 kids living comfortable lives in a middle-class suburb. Today, that image has been shattered, due in part to skyrocketing divorce rates, single parenthood, and increased out-of-wedlock births. But whether it is conservatives bewailing the wages of moral decline and women's liberation, or progressives celebrating the result of women's greater freedom and changing sexual mores, most Americans fail to identify the root factor driving the changes: economic inequality that is remaking the American family along class lines. In Marriage Markets, June Carbone and Naomi Cahn examine how macroeconomic forces are transforming our most intimate and important spheres, and how working class and lower income families have paid the highest price. Just like health, education, and seemingly every other advantage in life, a stable two-parent home has become a luxury that only the well-off can afford. The best educated and most prosperous have the most stable families, while working class families have seen the greatest increase in relationship instability. Why is this so? The book provides the answer: greater economic inequality has profoundly changed marriage markets, the way men and women match up when they search for a life partner. It has produced a larger group of high-income men than women; written off the men at the bottom because of chronic unemployment, incarceration, and substance abuse; and left a larger group of women with a smaller group of comparable men in the middle. The failure to see marriage as a market affected by supply and demand has obscured any meaningful analysis of the way that societal changes influence culture. Only policies that redress the balance between men and women through greater access to education, stable employment, and opportunities for social mobility can produce a culture that encourages commitment and investment in family life. A rigorous and enlightening account of why American families have changed so much in recent decades, Marriage Markets cuts through the ideological and moralistic rhetoric that drives our current debate. It offers critically needed solutions for a problem that will haunt America for generations to come.

Harvard Law Review Volume 130 Number 6 April 2017

Author : Harvard Law Review
ISBN : 9781610277846
Genre : Law
File Size : 73. 58 MB
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