Authority in the Modern State PDF Download

Author: Harold Joseph Laski
Publisher:
ISBN:
Category : Church and state
Languages : en
Pages : 414

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Book Description
"This volume is some sort the sequel to a book on the problem of sovereignty which I published in March, 1917."--Preface.

Author: T. Alexander Aleinikoff
Publisher: Harvard University Press
ISBN: 0674020154
Category : Law
Languages : en
Pages : 321

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Book Description
In a set of cases decided at the end of the nineteenth century, the Supreme Court declared that Congress had "plenary power" to regulate immigration, Indian tribes, and newly acquired territories. Not coincidentally, the groups subject to Congress' plenary power were primarily nonwhite and generally perceived as "uncivilized." The Court left Congress free to craft policies of assimilation, exclusion, paternalism, and domination. Despite dramatic shifts in constitutional law in the twentieth century, the plenary power case decisions remain largely the controlling law. The Warren Court, widely recognized for its dedication to individual rights, focused on ensuring "full and equal citizenship"--an agenda that utterly neglected immigrants, tribes, and residents of the territories. The Rehnquist Court has appropriated the Warren Court's rhetoric of citizenship, but has used it to strike down policies that support diversity and the sovereignty of Indian tribes. Attuned to the demands of a new century, the author argues for abandonment of the plenary power cases, and for more flexible conceptions of sovereignty and citizenship. The federal government ought to negotiate compacts with Indian tribes and the territories that affirm more durable forms of self-government. Citizenship should be "decentered," understood as a commitment to an intergenerational national project, not a basis for denying rights to immigrants.

Author: André Nollkaemper
Publisher:
ISBN: 0198739745
Category : Law
Languages : en
Pages : 769

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Book Description
The Oxford ILDC online database, an online collection of domestic court decisions which apply international law, has been providing scholars with insights for many years. This ILDC Casebook is the perfect companion, introducing key court decisions with brief introductory and connecting texts. An ideal text for practitioners, judged, government officials, as well as for students on international law courses, the ILDC Casebook explains the theories and doctrines underlying the use by domestic courts of international law, and illustrates the key importance of domestic courts in the development of international law.

Author: Jonathan Lazar
Publisher: Morgan Kaufmann
ISBN: 0128007109
Category : Computers
Languages : en
Pages : 247

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Book Description
Ensuring Digital Accessibility through Process and Policy provides readers with a must-have resource to digital accessibility from both a technical and policy perspective. Inaccessible digital interfaces and content often lead to forms of societal discrimination that may be illegal under various laws. This book is unique in that it provides a multi-disciplinary understanding of digital accessibility. The book discusses the history of accessible computing, an understanding of why digital accessibility is socially and legally important, and provides both technical details (interface standards, evaluation methods) and legal details (laws, lawsuits, and regulations). The book provides real-world examples throughout, highlighting organizations that are doing an effective job with providing equal access to digital information for people with disabilities. This isn't a book strictly about interface design, nor is it a book strictly about law. For people who are charged with implementing accessible technology and content, this book will serve as a one-stop guide to understanding digital accessibility, offering an overview of current laws, regulations, technical standards, evaluation techniques, as well as best practices and suggestions for implementing solutions and monitoring for compliance. This combination of skills from the three authors—law, technical, and research, with experience in both corporate, government, and educational settings, is unique to this book, and does not exist in any other book about any aspect of IT accessibility. The authors' combination of skills marks a unique and valuable perspective, and provides insider knowledge on current best practices, corporate policies, and technical instructions. Together, we can ensure that the world of digital information is open to all users. - Learn about the societal and organizational benefits of making information technology accessible for people with disabilities - Understand the interface guidelines, accessibility evaluation methods, and compliance monitoring techniques, needed to ensure accessible content and technology - Understand the various laws and regulations that require accessible technology - Learn from case studies of organizations that are successfully implementing accessibility in their technologies and digital content

Author: Steven T. Seitz
Publisher: Lexington Books
ISBN: 1498568831
Category : Law
Languages : en
Pages : 287

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Book Description
The Founding Fathers wrote the Constitution at a level sufficiently general to guide lawmaking while avoiding great detail. This four-page document has guided the United States of America for more than two centuries. The Supreme Court has parsed the document into clauses, which plaintiffs and defendants invoke in cases or controversies before the Court. Some, like the Interstate Commerce Clause, are central to the survival of a government of multiple sovereignties. The practice of observing case precedents allows orderly development of the law and consistent direction to the lower courts. The Court itself claimed the final power of judicial review, despite efforts to the contrary by the executive and legislative branches of the national government and the state supreme courts. The Court then limited its own awesome power through a series of self-imposed rules of justiciability. These rules set the conditions under which the Court may exercise the extraordinary final power of judicial review. Some of these self-imposed limits are prudential, some logical, and some inviting periodic revision. This book examines the detailed unfolding of several Constitutional clauses and the rules of justiciability. For each clause and each rule of justiciability, the book begins with the brilliant foundations laid by Chief Justice John Marshall, then to the anti-Federalist era, the Civil War, the dominance of laissez faire and social Darwinism, the Great Depression redirection, the civil rights era, and finally the often-hapless efforts of Chief Justice Rehnquist.

Author: Patrick Weil
Publisher: University of Pennsylvania Press
ISBN: 0812206215
Category : Political Science
Languages : en
Pages : 293

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Book Description
Present-day Americans feel secure in their citizenship: they are free to speak up for any cause, oppose their government, marry a person of any background, and live where they choose—at home or abroad. Denaturalization and denationalization are more often associated with twentieth-century authoritarian regimes. But there was a time when American-born and naturalized foreign-born individuals in the United States could be deprived of their citizenship and its associated rights. Patrick Weil examines the twentieth-century legal procedures, causes, and enforcement of denaturalization to illuminate an important but neglected dimension of Americans' understanding of sovereignty and federal authority: a citizen is defined, in part, by the parameters that could be used to revoke that same citizenship. The Sovereign Citizen begins with the Naturalization Act of 1906, which was intended to prevent realization of citizenship through fraudulent or illegal means. Denaturalization—a process provided for by one clause of the act—became the main instrument for the transfer of naturalization authority from states and local courts to the federal government. Alongside the federalization of naturalization, a conditionality of citizenship emerged: for the first half of the twentieth century, naturalized individuals could be stripped of their citizenship not only for fraud but also for affiliations with activities or organizations that were perceived as un-American. (Emma Goldman's case was the first and perhaps best-known denaturalization on political grounds, in 1909.) By midcentury the Supreme Court was fiercely debating cases and challenged the constitutionality of denaturalization and denationalization. This internal battle lasted almost thirty years. The Warren Court's eventual decision to uphold the sovereignty of the citizen—not the state—secures our national order to this day. Weil's account of this transformation, and the political battles fought by its advocates and critics, reshapes our understanding of American citizenship.

Author: Xiaodong Yang
Publisher: Cambridge University Press
ISBN: 0521844010
Category : Law
Languages : en
Pages : 941

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Book Description
Xiaodong Yang examines the issue of jurisdictional immunities of States and their property in foreign domestic courts.

Author: Charles Warren
Publisher:
ISBN:
Category : Constitutional history
Languages : en
Pages : 328

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Author: Charles Warren
Publisher:
ISBN:
Category : Constitutional law
Languages : en
Pages : 184

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Author: James T. O'Reilly
Publisher: American Bar Association
ISBN: 9781590317440
Category : Law
Languages : en
Pages : 252

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Book Description
Preemption is a doctrine of American constitutional law, under which states and local governments are deprived of their power to act in a given area, whether or not the state or local law, rule or action is in direct conflict with federal law. This book covers not only the basics of preemption but also focuses on such topics as federal mechanisms for agency preemption, implied forms of preemption, and defensive use of federal preemption in civil litigation.