The U.S. Supreme Court typically rules on cases that present complex legal questions. Given the challenging nature of its cases and the popular view that the Court is divided along ideological lines, it's commonly assumed that the Court routinely hands down equally-divided decisions. Yet the justices actually issue unanimous decisions in approximately one third of the cases they decide. Drawing on data from the U.S. Supreme Court database, internal court documents, and the justices' private papers, The Puzzle of Unanimity provides the first comprehensive account of how the Court reaches consensus. Pamela Corley, Amy Steigerwalt, and Artemus Ward propose and empirically test a theory of consensus; they find consensus is a function of multiple, concurrently-operating forces that cannot be fully accounted for by ideological attitudes. In this thorough investigation, the authors conclude that consensus is a function of the level of legal certainty and its ability to constrain justices' ideological preferences.
Recent decades have seen a groundswell in the Buddhist world, a transnational agitation for better opportunities for Buddhist women. Many of the main players in the transnational nuns movement self-identify as feminists but other participants in this movement may not know or use the language of feminism. In fact, many ordained Buddhist women say they seek higher ordination so that they might be better Buddhist practitioners, not for the sake of gender equality. Eschewing the backward projection of secular liberal feminist categories, this book describes the basic features of the Buddhist discourse of the female body, held more or less in common across sectarian lines, and still pertinent to ordained Buddhist women today. The textual focus of the study is an early-first-millennium Sanskrit Buddhist work, "Descent into the Womb scripture" or Garbhāvakrānti-sūtra. Drawing out the implications of this text, the author offers innovative arguments about the significance of childbirth and fertility in Buddhism, namely that birth is a master metaphor in Indian Buddhism; that Buddhist gender constructions are centrally shaped by Buddhist birth discourse; and that, by undermining the religious importance of female fertility, the Buddhist construction of an inauspicious, chronically impure, and disgusting femininity constituted a portal to a new, liberated, feminine life for Buddhist monastic women. Thus, this study of the Buddhist discourse of birth is also a genealogy of gender in middle period Indian Buddhism. Offering a new critical perspective on the issues of gender, bodies and suffering, this book will be of interest to an interdisciplinary audience, including researchers in the field of Buddhism, South Asian history and religion, gender and religion, theory and method in the study of religion, and Buddhist medicine.
Buy a new version of this textbook and receive access to the Connected eBook on CasebookConnect, including: lifetime access to the online ebook with highlight, annotation, and search capabilities, plus an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. Learn more about Connected eBooks. Resolving Disputes: Theory, Practice, and Law, Fourth Edition, covers negotiation, mediation, arbitration, and hybrid approaches, preparing law students to represent clients in all types of alternative dispute resolution. The text is practical, while grounded in theory. Drawing on the authors’ decades of experience as teachers, practicing neutrals, and ADR trainers, this casebook provides vivid examples from actual cases, literature, and current media. It also offers diverse readings by leading authors, along with comprehensive video-based resources and attention to prominent developments in the field. The text integrates coverage of law, ethics, and practice, as well as interesting notes, thoughtful problems, and provocative questions. New to the Fourth Edition: Fresh new material and perspectives benefiting from two new coauthors More problems, techniques, resources, and video-based examples of effective representation in mediation Integrated access to videos, allowing students to view professionals applying techniques discussed in the book as they read Streamlined presentation—concise excerpts and summaries that allow shorter reading assignments Greater coverage of online dispute resolution (ODR) and dispute systems design (DSD)—two of the most important new directions in the field Increased focus on gender, #MeToo, culture, social activism, historical inequities, anti-racism, and other crucial issues affecting dispute resolution today Discussion of how dispute resolution is changing with new technological advances, social trends and hybrid processes Expanded arbitration section, with attention to adhesion contracts, recent cases and legislation Access to arbitration games, exercises and streaming interviews with top arbitration experts An in-depth chapter on mixing ADR modes and hybrid processes Professors and student will benefit from: Organization and readings designed to be used as part of an active experiential class without sacrificing the deep knowledge expected in a law school course Informal writing style, interesting examples, practical advice, and thought-provoking questions, all written specifically for law students who will soon represent clients in resolving disputes Practice-based approach that helps students apply the concepts and better identify the value in the content Exercises and problems that facilitate classroom discussion
This book focuses on how elementary teachers might plan for and incorporate digitally-supported disciplinary literacy into English Language Arts, Mathematics, Science, and Social Studies to reach all learners. To do so, the authors present the six-phase Planning Elementary Digitally-Supported Literacy (PEDDL) Framework, along with four core practices useful for considering elementary disciplinary literacy. After grounding disciplinary literacy in elementary grades, how it might support all learners, and the rationale for its inclusion in K-5 instruction, core practices are presented, along with a rationale behind those practices. Then, the authors provide an in-depth overview of the PEDDL Framework with examples and research-based underpinnings of each phase. Finally, a paired chapter approach then guides readers through each of the four core disciplines to first overview practices particular to each discipline that are appropriate for elementary grades and then provide detailed lesson planning approaches using the PEDDL Framework for each. Supplementary lesson plan examples are also offered in this book for extended consideration of digitally-supported disciplinary literacy across K-5"--
A sharp and funny, rueful, and uncompromisingly real tale of growing up—from National Book Award finalist Amy Bloom A chubby girl with smudged pink harlequin glasses and a habit of stealing Heath Bars from the local five-and-dime, Elizabeth Taube is the only child of parents whose indifference to her is the one sure thing in her life. When her search for love and attention leads her into the arms of her junior-high-school English teacher, things begin to get complicated. And even her friend Mrs. Hill, a nearly blind, elderly black woman, can't protect her when real love—exhilarating, passionate, heartbreaking—enters her life in the gorgeous shape of Huddie Lester. With her finely honed style and her unflinching sensibility, Bloom shows us how profoundly the forces of love and desire can shape a life.
Successive UK governments have pursued ambitious programmes of private sector competition in public services that they promise will deliver cheaper, higher quality services, but not at the expense of public sector workers. The public procurement rules (most significantly Directive 2004/18/EC) often provide the legal framework within which the Government must deliver on its promises. This book goes behind the operation of these rules and explores their interaction with the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE); regulations that were intended to offer workers protection when their employer is restructuring his business. The practical effectiveness of both sources of regulation is critiqued from a social protection perspective by reference to empirical findings from a case study of the competitive tendering exercise for management of HMP Birmingham that was held by the National Offender Management Service (NOMS) between 2009 and 2011. Overall, the book challenges the Government's portrayal of competition policies as self-evident sources of improvement for public services. It highlights the damage that can be caused by competitive processes to social capital and the organisational, cultural and employment strengths of public services. Its main conclusions are that prison privatisation processes are driven by procedure rather than aims and outcomes and that the complexity of the public procurement rules, coupled with inadequate commissioning expertise and organisational planning, can result in the production of contracts that lack aspiration and are insufficiently focused upon improvement or social sustainability. In sum, the book casts doubt upon the desirability and suitability of using competition as a policy mechanism to improve public services.
To what extent do courts make social and public policy and influence policy change? This innovative text analyzes this question generally and in seven distinct policy areas that play out in both federal and state courts—tax policy, environmental policy, reproductive rights, sex equality, affirmative action, school finance, and same-sex marriage. The authors address these issues through the twin lenses of how state and federal courts must and do interact with the other branches of government and whether judicial policy-making is a form of activist judging. Each chapter uncovers the policymaking aspects of judicial process by investigating the current state of the law, the extent of court involvement in policy change, the responses of other governmental entities and outside actors, and the factors which influenced the degree of implementation and impact of the relevant court decisions. Throughout the book, Howard and Steigerwalt examine and analyze the literature on judicial policy-making as well as evaluate existing measures of judicial ideology, judicial activism, court and legal policy formation, policy change and policy impact. This unique text offers new insights and areas to research in this important field of American politics.
It's the smash hit, all signing, all-dancing phenomenon that has taken the world by storm. This in-depth guide reveals all you need to know about the happiest show on TV - be prepared to fall head over heels for Glee. Also includes detailed recaps of all of the first 13 episodes, mini biographies of all the cast, a sneak peek behind-the-scenes on set at William McKinley High, complete song title listings...and so much more!
The ability of US Supreme Court justices to dissent from the majority, to formally register and explain their belief that a case has been wrongly decided, represents a time-honored tradition of perhaps the most august American institution. Yet the impact of these dissents, which allow justices to engage in a dialogue over law and policy, has seldom, if ever, been the focus of dedicated study. Analyzing the influence of past dissents on later Supreme Court majority opinions, this book presents the first comprehensive study of the effects of dissenting opinions and illuminates which types of dissents successfully influence legal and policy debates, which ones fail to make a difference, and why. Drawing on the private papers of the justices and original data, this book demonstrates that court majorities engage with dissents posing a particular threat to their opinions, and that they can be persuaded by thoughtful and careful dissenting arguments.
This will help us customize your experience to showcase the most relevant content to your age group
Please select from below
Login
Not registered?
Sign up
Already registered?
Success – Your message will goes here
We'd love to hear from you!
Thank you for visiting our website. Would you like to provide feedback on how we could improve your experience?
This site does not use any third party cookies with one exception — it uses cookies from Google to deliver its services and to analyze traffic.Learn More.