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Author: Gregory Ablavsky Publisher: Oxford University Press ISBN: 0190905700 Category : Law Languages : en Pages : 320
Book Description
Federal Ground depicts the haphazard and unplanned growth of federal authority in the Northwest and Southwest Territories, the first U.S. territories established under the new territorial system. The nation's foundational documents, particularly the Constitution and the Northwest Ordinance, placed these territories under sole federal jurisdiction and established federal officials to govern them. But, for all their paper authority, these officials rarely controlled events or dictated outcomes. In practice, power in these contested borderlands rested with the regions' pre-existing inhabitants-diverse Native peoples, French villagers, and Anglo-American settlers. These residents nonetheless turned to the new federal government to claim ownership, jurisdiction, protection, and federal money, seeking to obtain rights under federal law. Two areas of governance proved particularly central: contests over property, where plural sources of title created conflicting land claims, and struggles over the right to use violence, in which customary borderlands practice intersected with the federal government's effort to establish a monopoly on force. Over time, as federal officials improvised ad hoc, largely extrajudicial methods to arbitrate residents' claims, they slowly insinuated federal authority deeper into territorial life. This authority survived even after the former territories became Tennessee and Ohio: although these new states spoke a language of equal footing and autonomy, statehood actually offered former territorial citizens the most effective way yet to make claims on the federal government. The federal government, in short, still could not always prescribe the result in the territories, but it set the terms and language of debate-authority that became the foundation for later, more familiar and bureaucratic incarnations of federal power.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610279581 Category : Law Languages : en Pages : 499
Book Description
The Jan. 2012 issue of the Stanford Law Review (the first of vol. 64) contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for this issue: The Right Not to Keep or Bear Arms Joseph Blocher The Ghost That Slayed the Mandate Kevin C. Walsh State Sovereign Standing: Often Overlooked, but Not Forgotten Kenneth T. Cuccinelli, II, E. Duncan Getchell, Jr., & Wesley G. Russell, Jr. Establishing Official Islam? The Law and Strategy of Counter-Radicalization Samuel J. Rascoff Lobbying, Rent-Seeking, and the Constitution Richard L. Hasen Note: Bringing a Judicial Takings Claim Josh Patashnik In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610270495 Category : Law Languages : en Pages : 306
Book Description
One of the most-read law journals adds a true ebook edition to its worldwide distribution, becoming the first general interest law review to do so. This current issue of the Stanford Law Review contains studies of law, economics, and social policy by such recognized scholars as Kenneth Bamberger, Deirdre Mulligan, Judge Richard Posner, Albert Yoon, Cynthia Estland, and Norman Spaulding. Volume 63, Issue 2's contents are: "Privacy on the Books and on the Ground," by Kenneth A. Bamberger & Deirdre K. Mulligan "What Judges Think of the Quality of Legal Representation," by Richard A. Posner & Albert H. Yoon "Just the Facts: The Case for Workplace Transparency," by Cynthia Estlund Essay, "Independence and Experimentalism in the Department of Justice," by Norman W. Spaulding Note, "The 'Benefit' of Spying: Defining the Boundaries of Economic Espionage under the Economic Espionage Act of 1996" In the new ebook edition, the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scaled, and functional; the original note numbering is retained; and the issue is properly formatted.
Author: Bernadette Meyler Publisher: Cornell University Press ISBN: 1501739409 Category : Literary Criticism Languages : en Pages : 443
Book Description
From Gerald Ford's preemptive pardon of Richard Nixon and Donald Trump's claims that as president he could pardon himself to the posthumous royal pardon of Alan Turing, the power of the pardon has a powerful hold on the political and cultural imagination. In Theaters of Pardoning, Bernadette Meyler traces the roots of contemporary understandings of pardoning to tragicomic "theaters of pardoning" in the drama and politics of seventeenth-century England. Shifts in how pardoning was represented on the stage and discussed in political tracts and in Parliament reflected the transition from a more monarchical and judgment-focused form of the concept to an increasingly parliamentary and legislative vision of sovereignty. Meyler shows that on the English stage, individual pardons of revenge subtly transformed into more sweeping pardons of revolution, from Shakespeare's Measure for Measure, where a series of final pardons interrupts what might otherwise have been a cycle of revenge, to later works like John Ford's The Laws of Candy and Philip Massinger's The Bondman, in which the exercise of mercy prevents the overturn of the state itself. In the political arena, the pardon as a right of kingship evolved into a legal concept, culminating in the idea of a general amnesty, the "Act of Oblivion," for actions taken during the English Civil War. Reconceiving pardoning as law-giving effectively displaced sovereignty from king to legislature, a shift that continues to attract suspicion about the exercise of pardoning. Only by breaking the connection between pardoning and sovereignty that was cemented in seventeenth-century England, Meyler concludes, can we reinvigorate the pardon as a democratic practice.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610279387 Category : Law Languages : en Pages : 336
Book Description
A leading law journal features a digital edition as part of its worldwide distribution, using quality ebook formatting. This June 2012 issue of the Stanford Law Review (the last for the academic year) contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. Contents for the issue include: "Beyond DOMA: Choice of State Law in Federal Statutes" William Baude "Does Shareholder Proxy Access Damage Share Value in Small Publicly Traded Companies?" Thomas Stratmann & J.W. Verret Book Review, "Infringement Conflation" Peter S. Menell Note, "Pinching the President's Prosecutorial Prerogative: Can Congress Use Its Purse Power to Block Khalid Sheikh Mohammed’s Transfer to the United States?" Nicolas L. Martinez Note, "The American Jury: Can Noncitizens Still Be Excluded?" Amy R. Motomura In the ebook edition, all the footnotes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted for ereaders.
Author: Stanford Law Review Publisher: Quid Pro Books ISBN: 1610279425 Category : Law Languages : en Pages : 428
Book Description
A leading law journal features a digital edition as part of its worldwide distribution, using quality ebook formatting and active links. The Feb. 2012 issue of the Stanford Law Review contains studies of law, economics, and social policy by recognized scholars on diverse topics of interest to the academic and professional community. In the ebook edition, all the notes, graphs, and tables of contents (including those for individual articles) are fully linked, properly scalable, and functional; the original note numbering is retained. Also, the URLs in notes are active; and the issue is properly formatted. Contents for this issue include: National Security Federalism in the Age of Terror By Matthew C. Waxman Incriminating Thoughts By Nita A. Farahany Elective Shareholder Liability By Peter Conti-Brown Note, Harrington’s Wake: Unanswered Questions on AEDPA’s Application to Summary Dispositions Comment, Boumediene Applied Badly: The Extraterritorial Constitution After Al Maqaleh v. Gates
Author: Dwight Waldo Publisher: Routledge ISBN: 1351486330 Category : Political Science Languages : en Pages : 384
Book Description
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.