Author: Philip Hamburger Publisher: University of Chicago Press ISBN: 022611645X Category : Law Languages : en Pages : 646
Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Author: Barbara Binns Publisher: Scholastic Inc. ISBN: 1338754270 Category : Juvenile Nonfiction Languages : en Pages : 207
Book Description
Barbara Binns presents the inspiring story of one man in his struggle for racial equality in the field of battle and the field of medicine. Scholastic Focus is the premier home of thoroughly researched, beautifully written, and thoughtfully designed works of narrative nonfiction aimed at middle-grade and young adult readers. These books help readers learn about the world in which they live and develop their critical thinking skills so that they may become dynamic citizens who are able to analyze and understand our past, participate in essential discussions about our present, and work to grow and build our future. The Tuskegee Airmen heroically fought for the right to be officers of the US military so that they might participate in World War II by flying overseas to help defeat fascism. However, after winning that battle, they faced their next great challenge at Freeman Field, Iowa, where racist white officers barred them from entering the prestigious Officers' Club that their rank promised them. The Freeman Field Mutiny, as it became known, would eventually lead to the desegregation of the US armed forces, forever changing the course of American history and race relations. One Black officer who refused to give in to the bigotry at Freeman Field was James Buchanan "JB" Williams. JB grew up the son of sharecroppers, but his loving family and insuppressible intellect drove him to push boundaries placed on Black Americans in the early twentieth century. JB's devotion to the betterment of others took him from the classroom where he learned to be a doctor, to serving as a medic in the US military and eventually joining the elite Tuskegee Airmen, where he fought to change the minds of all who believed Black men couldn't make good soldiers. But JB's greatest contribution came in his role as doctor and Civil Rights activist after the war, where he continued to push past injustices placed on Black Americans. Critically acclaimed author Barbara Binns tells the story of one man's remarkable life, and in doing so, explores the trials of the brave Black freedom fighters who defended the world against racism and bigotry, both on the front lines and at home.
Author: Sibylle Scheipers Publisher: OUP Oxford ISBN: 0191663654 Category : Political Science Languages : en Pages : 284
Book Description
Unlawful Combatants brings the study of irregular warfare back into the centre of war studies. The experience of recent and current wars in Afghanistan, Iraq, Libya, and Syria showed that the status and the treatment of irregular fighters is one of the most central and intricate practical problems of contemporary warfare. Yet, the current literature in strategic studies and international relations more broadly does not problematize the dichotomy between the regular and the irregular. Rather, it tends to take it for granted and even reproduces it by depicting irregular warfare as a deviation from the norm of conventional, inter-state warfare. In this context, irregular warfare is often referred to as the 'new wars' and is associated with the erosion of statehood and sovereignty more generally. This obscures the fact that irregulars such as rebels, guerrillas, insurgents and terrorist groups have a far more ambiguous relationship to the state than the dichotomy between the state and 'non-state' actors implies. They often originate from states, are supported by states and/or aspire to statehood themselves. The ambiguous relationship between irregular fighters and the state is the focus of the book. It explores how the category of the irregular fighter evolved as the conceptual opposite of the regular armed forces, and how this emergence was tied to the evolution of the nation state and its conscripted mass armies at the end of the eighteenth century. It traces the development of the dichotomy of the irregular and the regular, which found its foremost expression in the modern law of armed conflict, into the twenty-first century and provides a critique of the concept of the 'unlawful combatant' as it emerged in the framework of the 'war on terror'. This book is a project of Changing Character of War programme at the University of Oxford.
Author: Eugene R. Fidell Publisher: Oxford University Press ISBN: 0199303495 Category : History Languages : en Pages : 156
Book Description
This book presents an accessible and honest assessment of the strengths and weaknesses of military justice around the world, with particular emphasis on the US, UK, and Canada.
Author: Diane Vaughan Publisher: University of Chicago Press ISBN: 0226851745 Category : History Languages : en Pages : 188
Book Description
Diane Vaughan reconstructs the Ohio Revco case, an example of Medicaid provider fraud in which a large drugstore chain initiated a computer-generated double billing scheme that cost the state and federal government half a million dollars in Medicaid funds, funds that the company believed were rightfully theirs. Her analysis of this incident—why the crime was committed, how it was detected, and how the case was built—provides a fascinating inside look at computer crime. Vaughan concludes that organizational misconduct could be decreased by less regulation and more sensitive bureaucratic response.
Author: United States Publisher: ISBN: Category : Law Languages : en Pages : 1506
Book Description
"The United States Code is the official codification of the general and permanent laws of the United States of America. The Code was first published in 1926, and a new edition of the code has been published every six years since 1934. The 2012 edition of the Code incorporates laws enacted through the One Hundred Twelfth Congress, Second Session, the last of which was signed by the President on January 15, 2013. It does not include laws of the One Hundred Thirteenth Congress, First Session, enacted between January 2, 2013, the date it convened, and January 15, 2013. By statutory authority this edition may be cited "U.S.C. 2012 ed." As adopted in 1926, the Code established prima facie the general and permanent laws of the United States. The underlying statutes reprinted in the Code remained in effect and controlled over the Code in case of any discrepancy. In 1947, Congress began enacting individual titles of the Code into positive law. When a title is enacted into positive law, the underlying statutes are repealed and the title then becomes legal evidence of the law. Currently, 26 of the 51 titles in the Code have been so enacted. These are identified in the table of titles near the beginning of each volume. The Law Revision Counsel of the House of Representatives continues to prepare legislation pursuant to 2 U.S.C. 285b to enact the remainder of the Code, on a title-by-title basis, into positive law. The 2012 edition of the Code was prepared and published under the supervision of Ralph V. Seep, Law Revision Counsel. Grateful acknowledgment is made of the contributions by all who helped in this work, particularly the staffs of the Office of the Law Revision Counsel and the Government Printing Office"--Preface.
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: Andrew Milburn Publisher: Pen and Sword Military ISBN: 1526750589 Category : History Languages : en Pages : 354
Book Description
These are the combat experiences of the first Marine to command a special operations task force, recounted against a backdrop of his journey from raw Second Lieutenant to seasoned Colonel and Task Force Commander; from leading Marines through the streets of Mogadishu, Baghdad, Fallujah and Mosul to directing multi-national special operations forces in a dauntingly complex fight against a formidable foe. The journey culminates in the story’s centerpiece: the fight against ISIS, in which the author is able to use the lessons of his harsh apprenticeship to lead the SOF task force under his command to hasten the Caliphate’s eventual demise. Milburn has an unusual background for a US Marine, and this is no ordinary war memoir. Very few personal accounts of war cover such a wide breadth of experience, or with so discerning a perspective. As Bing West comments: “His exceptional skill is telling each story of battle and then knitting them into a coherent whole. By the end of the book, the reader understands what happened on the ground in the wars against terrorists over the past twenty years.” Milburn tells his extraordinary story with self-effacing candor, describing openly his personal struggles with the isolation of command, post-combat trauma and family tragedy. And with the skill and insight of a natural story teller, he makes the reader experience what it’s like to lead those who fight America’s wars.
Author: Philip Hamburger
Author: Barbara Binns
Author: Sibylle Scheipers
Author: Robert M. Cary
Author: United States. National Labor Relations Board
Author: Eugene R. Fidell
Author: Diane Vaughan
Author: United States
Author: American Bar Association. House of Delegates
Author: Andrew Milburn