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State Constitutional Politics : Governing by Amendment in the American States
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ISBN: 022653295X Year: 2018 Publisher: Chicago : University of Chicago Press,

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Since the US Constitution came into force in 1789, it has been amended just twenty-seven times, with ten of those amendments coming in the first two years following ratification. By contrast, state constitutions have been completely rewritten on a regular basis, and the current documents have been amended on average 150 times. This is because federal amendments are difficult, so politicians rarely focus on enacting them. Rather, they work to secure favorable congressional statutes or Supreme Court decisions. By contrast, the relative ease of state amendment processes makes them a realistic and regular vehicle for seeking change. With State Constitutional Politics, John Dinan looks at the various occasions in American history when state constitutional amendments have served as instruments of governance. Among other things, amendments have constrained state officials in the way they levy taxes and spend money; enacted policies unattainable through legislation on issues ranging from minimum wage to the regulation of marijuana; and updated understandings of rights, including religious liberty, equal protection, and the right to bear arms. In addition to comprehensively chronicling the ways amendments shape politics in the states, Dinan also assesses the consequences of undertaking changes in governance through amendments rather than legislation or litigation. For various reasons, including the greater stability and legitimacy of changes achieved through the amendment process, he argues that it might be a more desirable way of achieving change.

Weimar : a jurisprudence of crisis
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ISBN: 0520220595 0520236815 0520929683 1282357034 1597349917 9786612357039 9780520929685 0585389810 9780585389813 9780520236813 9781282357037 9781597349918 Year: 2001 Publisher: Berkeley, CA : University of California Press,

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This selection of the major works of constitutional theory during the Weimar period reflects the reactions of legal scholars to a state in permanent crisis, a society in which all bets were off. Yet the Weimar Republic's brief experiment in constitutionalism laid the groundwork for the postwar Federal Republic, and today its lessons can be of use to states throughout the world. Weimar legal theory is a key to understanding the experience of nations turning from traditional, religious, or command-and-control forms of legitimation to the rule of law. Only two of these authors, Hans Kelsen and Carl Schmitt, have been published to any extent in English, but they and the others whose writings are translated here played key roles in the political and constitutional struggles of the Weimar Republic. Critical introductions to all the theorists and commentaries on their works have been provided by experts from Austria, Canada, Germany, and the United States. In their general introduction, the editors place the Weimar debate in the context of the history and politics of the Weimar Republic and the struggle for constitutionalism in Germany. This critical scrutiny of the Weimar jurisprudence of crisis offers an invaluable overview of the perils and promise of constitutional development in states that lack an entrenched tradition of constitutionalism.


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Codex van het gezondheidsrecht
Authors: ---
ISBN: 9067681628 Year: 1989 Volume: vol *5 Publisher: Kortrijk, Heule UGA

The intersection of international law, agricultural biotechnology, and infectious disease
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ISBN: 1282396250 9786612396250 9047431324 9789047431329 9781282396258 9781571053732 1571053735 6612396253 Year: 2007 Publisher: Leiden ; Boston : Martinus Nijhoff Publishers,

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The Intersection of International Law, Agricultural Biotechnology, and Infectious Disease is an indispensable resource for practitioners and scholars interested in public health, food safety, or biotechnology. It provides a comprehensive overview of the science behind, and the general environmental frameworks addressing, GMOs. The book examines legal frameworks and perspectives for infectious disease and GMOs, as well as public health legislation, international trade legislation, and regulatory regimes. Finally, it provides critiques and proposals, arguing for a more connective approach for future regulation.


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A Federal Right to Education : Fundamental Questions for Our Democracy
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ISBN: 1479872776 1479893285 Year: 2019 Publisher: New York : New York University Press

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The United States Supreme Court closed the courthouse door to federal litigation to narrow educational funding and opportunity gaps in schools when it ruled in San Antonio Independent School District v. Rodriguez in 1973 that the Constitution does not guarantee a right to education. Rodriguez pushed reformers back to the state courts where they have had some success in securing reforms to school funding systems through education and equal protection clauses in state constitutions, but far less success in changing the basic structure of school funding in ways that would ensure access to equitable and adequate funding for schools. Given the limitations of state school funding litigation, education reformers continue to seek new avenues to remedy inequitable disparities in educational opportunity and achievement, including recently returning to federal court. 0This book is the first comprehensive examination of three issues regarding a federal right to education: why federal intervention is needed to close educational opportunity and achievement gaps; the constitutional and statutory legal avenues that could be employed to guarantee a federal right to education; and, the scope of what a federal right to education should guarantee. 'A Federal Right to Education' provides a timely and thoughtful analysis of how the United States could fulfill its unmet promise to provide equal educational opportunity and the American Dream to every child, regardless of race, class, language proficiency, or neighborhood.

Keywords

Right to education --- Educational equalization --- Law and legislation --- Right to learn --- Civil rights --- Education, Compulsory --- Education and state --- Educational law and legislation --- American dream. --- Constitution. --- Education Amendment. --- Latinas. --- Latinos. --- Spending Clause. --- Supreme Court. --- achievement gap. --- achievement gaps. --- adequacy litigation. --- adequate education. --- at-risk students. --- civic participation. --- constitutional amendment. --- constitutional interpretation. --- criminal justice. --- education federalism. --- education inadequacies. --- education inequality. --- educational opportunity gaps. --- educational opportunity. --- equal access to an excellent education. --- equal citizenship. --- equal education. --- equal educational opportunity. --- equal liberty. --- equal opportunity. --- equal protection. --- evidence-based reforms. --- excellent and equitable educational opportunity. --- federal education legislation. --- federal government. --- federal right to education. --- federal role in education. --- fiscal capacity. --- high-quality education. --- just society. --- libertystate constitutional rights. --- opportunity gap. --- opportunity gaps. --- opportunity to compete. --- originalism. --- political will. --- privileges and immunities. --- right to education. --- segregation. --- sovereignty. --- state constitutions. --- state courts. --- state education chiefs. --- state fiscal equity litigation. --- state legislatures. --- state school finance litigation. --- substantive due process.

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