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Narrowing the nation's power : the Supreme Court sides with the states
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ISBN: 1597347698 052093766X 9780520937666 1417508388 9781417508389 9780520240681 0520240685 0520235746 9780520235748 9781597347693 0520240685 Year: 2003 Publisher: Berkeley, Calif. ; London : University of California Press,

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Abstract

Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission-has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.

Keywords

Government liability --- State governments --- States. --- Privileges and immunities. --- United States. --- Government immunity --- Government responsibility --- Liability, Government --- Liability, Public --- Liability of the state --- Public liability --- Sovereign immunity --- State liability --- State responsibility --- Tort liability of the government --- Tort liability of the state --- Law and legislation --- Supreme Court (U.S.) --- Chief Justice of the United States --- Supreme Court of the United States --- 美國. --- Subnational governments --- Administrative law --- Administrative responsibility --- Constitutional law --- Liability (Law) --- Misconduct in office --- Public law --- Torts --- Act of state --- Constitutional torts --- State action (Civil rights) --- United States --- States --- Privileges and immunities --- United States. Supreme Court --- State governments - United States - Privileges and immunities. --- 14th amendment. --- america. --- commerce clause. --- common law. --- court majority. --- discussion books. --- federal court. --- legal framework. --- legal history. --- legal studies. --- modern law. --- national legislation. --- nations power. --- nonfiction. --- political science. --- power of the court. --- retrospective. --- sovereign immunity. --- state protection. --- states autonomy. --- states immunity. --- supreme court decisions. --- supreme court doctrine. --- supreme court. --- textbooks. --- united states. --- us congress. --- us constitution. --- us courts.


Book
The New Terrain of International Law
Author:
ISBN: 9780691154749 9780691154756 9781400848683 0691154759 1400848687 Year: 2014 Publisher: Princeton, NJ

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In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. The New Terrain of International Law charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The New Terrain of International Law presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, Karen Alter argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. Alter explains how this limited power--the power to speak the law--translates into political influence, and she considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.


Book
Reorganizing Government : A Functional and Dimensional Framework
Authors: ---
ISBN: 1479811645 Year: 2019 Publisher: New York, NY : New York University Press,

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Presentation de l'editeur : "Regulation is frequently less successful than it could be, largely because the allocation of authority to regulatory institutions, and the relationships between them, are misunderstood. As a result, attempts to create new regulatory programs or mend under-performing ones are often poorly designed. Reorganizing Government explains how past approaches have failed to appreciate the full diversity of alternative approaches to organizing governmental authority. The authors illustrate the often neglected dimensional and functional aspects of inter-jurisdictional relations through in-depth explorations of several diverse case studies involving securities and banking regulation, food safety, pollution control, resource conservation, and terrorism prevention. This volume advances an analytical framework of governmental authority structured along three dimensions--centralization, overlap, and coordination. Camacho and Glicksman demonstrate how differentiating among these dimensions better illuminates the policy tradeoffs of organizational alternatives, and reduces the risk of regulatory failure. The book also explains how differentiating allocations of authority based on governmental function can lead to more effective regulation and governance. The authors illustrate the practical value of this framework for future reorganization efforts through the lens of climate change, an emerging and vital global policy challenge, and propose an "adaptive governance" infrastructure that could allow policy makers to embed the creation, evaluation, and adjustment of the organization of regulatory institutions into the democratic process itself."

Keywords

Authority. --- Federal government --- Delegated legislation --- Interagency coordination --- Decentralization in government --- Administrative agencies --- Law and legislation --- Reorganization. --- United States. --- United States --- Politics and government --- 9/11 Commission. --- Commodity Futures Trading Commission. --- Dodd-Frank Act. --- Endangered Species Act. --- National Environmental Policy Act. --- Office of the Director of National Intelligence. --- Securities and Exchange Commission. --- US Congress. --- adaptive governance. --- administrative state. --- agency jurisdiction. --- banking regulation. --- centralization. --- climate change governance. --- compliance monitoring. --- concurrent jurisdictions. --- coordination. --- decentralization. --- derivatives regulation. --- executive branch. --- federalism. --- food safety regulation. --- functional jurisdiction. --- geoengineering. --- government authority. --- government coordination. --- government organization. --- governmental authority. --- governmental function. --- information distribution. --- information management. --- institutional design. --- intelligence community. --- intelligence failures. --- interagency coordination. --- intergovernmental authority. --- intergovernmental relationships. --- interjurisdictional relations. --- learning infrastructure. --- legislature. --- management authority. --- mitigation. --- overlapping authority. --- overlapping jurisdictions. --- pollution control laws. --- project implementation. --- prudential regulators. --- regulation. --- regulatory allocations. --- regulatory arbitrage. --- regulatory authority. --- regulatory institutions. --- regulatory structures. --- substantive jurisdiction.

To save her life : disappearance, deliverance, and the United States in Guatemala
Author:
ISBN: 1282772244 9786612772245 052094111X 1435603869 9780520941113 9781435603868 9780520245976 0520245970 9780520252455 0520252454 Year: 2007 Publisher: Berkeley : University of California Press,

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Part human rights drama, part political thriller, part love story, this riveting narrative chronicles the disappearance of one woman as it tells the larger story of the past fifty years of violence and struggle for social justice and democracy, and U.S. intervention in Guatemala. Maritza Urrutia was abducted from a middle-class neighborhood while taking her son to school in 1992. To Save Her Life tells the story of her ordeal which included being interrogated in secret by army intelligence officers about her activities as part of a political opposition group. Chained to a bed, blindfolded, and deprived of sleep, Maritza was ultimately spared because her family was able to contact influential intermediaries, including author Dan Saxon, who was in Guatemala working for the Catholic Church's Human Rights Office. Here Saxon brings to life the web of players who achieved her release: the Church, the U.S. State Department, the U.S. Congress, numerous NGOs, guerrilla groups, politicians, students, and the media. Reaching back to 1954, when Maritza's grandparents were activists, the book is a study of the complex and often cruel politics of human rights, and its themes reverberate from Guatemala to Guantánamo to Iraq.

Keywords

Human rights --- Political persecution --- Disappeared persons --- Desaparecidos --- Missing persons --- Victims of state-sponsored terrorism --- Guatemala --- United States --- ABŞ --- ABSh --- Ameerika Ühendriigid --- America (Republic) --- Amerika Birlăshmish Shtatlary --- Amerika Birlăşmi Ştatları --- Amerika Birlăşmiş Ştatları --- Amerika ka Kelenyalen Jamanaw --- Amerika Qūrama Shtattary --- Amerika Qŭshma Shtatlari --- Amerika Qushma Shtattary --- Amerika (Republic) --- Amerikai Egyesült Államok --- Amerikanʹ Veĭtʹsėndi︠a︡vks Shtattnė --- Amerikări Pĕrleshu̇llĕ Shtatsem --- Amerikas Forenede Stater --- Amerikayi Miatsʻyal Nahangner --- Ameriketako Estatu Batuak --- Amirika Carékat --- AQSh --- Ar. ha-B. --- Arhab --- Artsot ha-Berit --- Artzois Ha'bris --- Bí-kok --- Ē.P.A. --- EE.UU. --- Egyesült Államok --- ĒPA --- Estados Unidos --- Estados Unidos da América do Norte --- Estados Unidos de América --- Estaos Xuníos --- Estaos Xuníos d'América --- Estatos Unitos --- Estatos Unitos d'America --- Estats Units d'Amèrica --- Ètats-Unis d'Amèrica --- États-Unis d'Amérique --- Fareyniḳṭe Shṭaṭn --- Feriene Steaten --- Feriene Steaten fan Amearika --- Forente stater --- FS --- Hēnomenai Politeiai Amerikēs --- Hēnōmenes Politeies tēs Amerikēs --- Hiwsisayin Amerikayi Miatsʻeal Tērutʻiwnkʻ --- Istadus Unidus --- Jungtinės Amerikos valstybės --- Mei guo --- Mei-kuo --- Meiguo --- Mî-koet --- Miatsʻyal Nahangner --- Miguk --- Na Stàitean Aonaichte --- NSA --- S.U.A. --- SAD --- Saharat ʻAmērikā --- SASht --- Severo-Amerikanskie Shtaty --- Severo-Amerikanskie Soedinennye Shtaty --- Si︠e︡vero-Amerikanskīe Soedinennye Shtaty --- Sjedinjene Američke Države --- Soedinennye Shtaty Ameriki --- Soedinennye Shtaty Severnoĭ Ameriki --- Soedinennye Shtaty Si︠e︡vernoĭ Ameriki --- Spojené staty americké --- SShA --- Stadoù-Unanet Amerika --- Stáit Aontaithe Mheiriceá --- Stany Zjednoczone --- Stati Uniti --- Stati Uniti d'America --- Stâts Unîts --- Stâts Unîts di Americhe --- Steatyn Unnaneysit --- Steatyn Unnaneysit America --- SUA (Stati Uniti d'America) --- Sŭedineni amerikanski shtati --- Sŭedinenite shtati --- Tetã peteĩ reko Amérikagua --- U.S. --- U.S.A. --- United States of America --- Unol Daleithiau --- Unol Daleithiau America --- Unuiĝintaj Ŝtatoj de Ameriko --- US --- USA --- Usono --- Vaeinigte Staatn --- Vaeinigte Staatn vo Amerika --- Vereinigte Staaten --- Vereinigte Staaten von Amerika --- Verenigde State van Amerika --- Verenigde Staten --- VS --- VSA --- Wááshindoon Bikéyah Ałhidadiidzooígíí --- Wilāyāt al-Muttaḥidah --- Wilāyāt al-Muttaḥidah al-Amirīkīyah --- Wilāyāt al-Muttaḥidah al-Amrīkīyah --- Yhdysvallat --- Yunaeted Stet --- Yunaeted Stet blong Amerika --- ZDA --- Združene države Amerike --- Zʹi︠e︡dnani Derz︠h︡avy Ameryky --- Zjadnośone staty Ameriki --- Zluchanyi︠a︡ Shtaty Ameryki --- Zlucheni Derz︠h︡avy --- ZSA --- Η.Π.Α. --- Ηνωμένες Πολιτείες της Αμερικής --- Америка (Republic) --- Американь Вейтьсэндявкс Штаттнэ --- Америкӑри Пӗрлешӳллӗ Штатсем --- САЩ --- Съединените щати --- Злучаныя Штаты Амерыкі --- ولايات المتحدة --- ولايات المتّحدة الأمريكيّة --- ولايات المتحدة الامريكية --- 미국 --- Gvatemala --- Goatemala --- Republic of Guatemala --- República de Guatemala --- Central America (Federal Republic) --- Foreign relations --- Spojené obce severoamerické --- États-Unis --- É.-U. --- ÉU --- 20th century guatemalan history. --- 20th century latin american history. --- abduction. --- activism. --- american government. --- army intelligence. --- captivity. --- catholic church. --- dan saxon. --- democracy. --- disappearance. --- government and governing. --- guatemala. --- guerrilla groups. --- human rights activism. --- human rights office. --- human rights. --- humanity. --- interrogation. --- latin american history. --- love story. --- ngos. --- political opposition group. --- political. --- politics. --- social justice. --- struggle. --- torture. --- us congress. --- us intervention. --- us state department. --- violence.

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