Frank Michelman's Books

Brennan and Democracy

By: Frank I. Michelman

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In Brennan and Democracy, a leading thinker in U.S. constitutional law offers some powerful reflections on the idea of "constitutional democracy," a concept in which many have seen the makings of paradox. Here Frank Michelman explores the apparently conflicting commitments of a democratic governmental system where key aspects of such important social issues as affirmative action, campaign finance reform, and abortion rights are settled not by a legislative vote but by the decisions of unelected judges. Can we--or should we--embrace the values of democracy together with constitutionalism, judicial supervision, and the rule of law? To answer this question, Michelman calls into service the judicial career of Supreme Court Justice William Brennan, the country's model "activist" judge for the past forty years. Michelman draws on Brennan's record and writings to suggest how the Justice himself might have understood the judiciary's role in the simultaneous promotion of both democratic and constitutional government. The first chapter prompts us to reflect on how tough and delicate an act it is for the members of a society to attempt living together as a people devoted to self-government. The second chapter seeks to renew our appreciation for democratic liberal political ideals, and includes an extensive treatment of Brennan's judicial opinions, which places them in relation to opposing communitarian and libertarian positions. Michelman also draws on the views of two other prominent constitutional theorists, Robert Post and Ronald Dworkin, to build a provocative discussion of whether democracy is best conceived as a "procedural" or a "substantive" ideal.

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161

Publisher

Princeton University Press

Published Date

ISBN 10

1400823366

ISBN 13

9781400823369

Legitimation by Constitution

A Dialogue on Political Liberalism

By: Alessandro Ferrara,Frank I. Michelman

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Legitimation by Constitution

A Dialogue on Political Liberalism

By: Alessandro Ferrara,Frank I. Michelman

Legitimation by Constitution is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.

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209

Publisher

Oxford University Press

Published Date

ISBN 10

0192855123

ISBN 13

9780192855121

Constituent Moments

Enacting the People in Postrevolutionary America

By: Jason Frank

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Constituent Moments

Enacting the People in Postrevolutionary America

By: Jason Frank

Since the American Revolution, there has been broad cultural consensus that “the people” are the only legitimate ground of public authority in the United States. For just as long, there has been disagreement over who the people are and how they should be represented or institutionally embodied. In Constituent Moments, Jason Frank explores this dilemma of authorization: the grounding of democratic legitimacy in an elusive notion of the people. Frank argues that the people are not a coherent or sanctioned collective. Instead, the people exist as an effect of successful claims to speak on their behalf; the power to speak in their name can be vindicated only retrospectively. The people, and democratic politics more broadly, emerge from the dynamic tension between popular politics and representation. They spring from what Frank calls “constituent moments,” moments when claims to speak in the people’s name are politically felicitous, even though those making such claims break from established rules and procedures for representing popular voice. Elaborating his theory of constituent moments, Frank focuses on specific historical instances when under-authorized individuals or associations seized the mantle of authority, and, by doing so, changed the inherited rules of authorization and produced new spaces and conditions for political representation. He looks at crowd actions such as parades, riots, and protests; the Democratic-Republican Societies of the 1790s; and the writings of Walt Whitman and Frederick Douglass. Frank demonstrates that the revolutionary establishment of the people is not a solitary event, but rather a series of micropolitical enactments, small dramas of self-authorization that take place in the informal contexts of crowd actions, political oratory, and literature as well as in the more formal settings of constitutional conventions and political associations.

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362

Publisher

Duke University Press

Published Date

ISBN 10

0822391686

ISBN 13

9780822391685

Constitutional Essentials

On the Constitutional Theory of Political Liberalism

By: Frank I. Michelman

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Constitutional Essentials

On the Constitutional Theory of Political Liberalism

By: Frank I. Michelman

We enter here upon a history of conversational traffic between the respective departments of philosophy and law in the old academy of liberalism, where lawyers hear much from philosophers, yes-and philosophers hear from lawyers, too, in what has fruitfully been a both-ways exchange. Our philosophical protagonist is John Rawls. This book comprises a study of the rise and workings, within the Rawlsian political-liberal philosophy, of the idea of a country's higher-legal constitution as a public platform for the justification of political coercion. A study of Rawls on constitutionalism can help us, I believe, in scoping out and managing a cluster of constitutional lawyers' debates-interminable ones, it seems, in the constitutional-democratic precincts of our times-that I will catalogue soon below. But conversely, I believe, those seeking the best and truest readings of Rawls might have something to learn from the controversies of the lawyers. My approach to Rawls has accordingly been that of a critically leavened (while no doubt broadly sympathetic) exegesis, while with the legal-discursive materials I take more of a diagnostic turn. My hope is that a treatment of these two discourses in relation to each other will prove an aid to both political-philosophical and legal-practical reflection"--

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233

Publisher

Oxford University Press

Published Date

ISBN 10

0197655831

ISBN 13

9780197655832

Brennan and Democracy

By: Frank I. Michelman

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Brennan and Democracy

By: Frank I. Michelman

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161

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Princeton University Press

Published Date

ISBN 10

1400823366

ISBN 13

9781400823369

Publius and Political Imagination

By: Jason Frank

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Publius and Political Imagination

By: Jason Frank

Jason Frank’s Publius and Political Imagination is the first volume of the Modernity and Political Thought series to take as its focus not a single author, but collaboration between political thinkers, in this very special case the collective known by the pseudonym: Publius. Frank's revisionist reading of The Federalist Papers—perhaps the most canonical text in American political thought—counters familiar realist and deliberativist interpretations and demonstrates the neglected importance of political imagination to both Publius's arguments and to the republic he was invented to found.

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Page Count

199

Publisher

Rowman & Littlefield

Published Date

ISBN 10

0742548163

ISBN 13

9780742548169

Creating R&D Incentives for Medicines for Neglected Diseases

An Economic Analysis of Parallel Imports, Patents, and Alternative Mechanisms to Stimulate Pharmaceutical Research

By: Frank Müller-Langer

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Creating R&D Incentives for Medicines for Neglected Diseases

An Economic Analysis of Parallel Imports, Patents, and Alternative Mechanisms to Stimulate Pharmaceutical Research

By: Frank Müller-Langer

Virtually no research is targeted at developing medicines for tropical diseases as the expected market returns from R&D into these diseases in the private pharmaceuticals sector are too low. Frank Müller-Langer addresses the market failure with respect to R&D for medicines for tropical diseases and the lack of short-term access to affordable medicines in poor countries. The author analyzes additional push and pull mechanisms to stimulate R&D for pharmaceutical products alongside patent protection which may help mitigate the problem of those consumers in poor countries who lack access to affordable medicines. Furthermore, he reasons that a global regime of banning parallel trade from low-income countries to high-income countries is desirable from a developing country’s perspective.

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Page Count

312

Publisher

Springer Science & Business Media

Published Date

ISBN 10

3834983233

ISBN 13

9783834983237

The Takings Issue

Constitutional Limits On Land Use Control And Environmental Regulation

By: Robert Meltz,Dwight Merriam,Rick Frank

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The Takings Issue

Constitutional Limits On Land Use Control And Environmental Regulation

By: Robert Meltz,Dwight Merriam,Rick Frank

As challenges to land use and environmental controls by landowners and the property-rights movement have become more frequent, the concept of "takings" -- government action that excessively limits a property-owner's use of private land -- has become both increasingly familiar to the public, and increasingly problematic for planners, local officials, and anyone involved with making day-to-day decisions about land use. A vast and diverse body of case law has come into existence over the past several decades, and the controversy generated by recent legal decisions has resulted in a significant level of ideological bias in much of what has been written on the topic.This volume is an objective and authoritative examination that considers all aspects of the takings issue. It is a much-needed guide and overview that introduces and explains issues surrounding regulatory takings on the local, state, and federal level for anyone involved with private land and government limitation of its permissible use. The authors describe where the law is now, predict where it might go in the future, and review conflict-reducing solutions to a variety of situations. They condense an immense amount of information into a clear and accesible format, making the book equally valuable for lawyers and non-lawyers alike.The Takings Issue addresses procedural hurdles involved in getting a takings issue heard by a court, examines what does and does not constitute a taking, and considers the remedies available to landowners involved in takings actions. It treats concerns such as zoning, dedications and exactions, subdivision platting, and other local issues in some detail, and also considers state and federal issues involving industrial site approval, endangered species and wetlands protection, restrictions on access to resources on federal lands, and other topics.The book is an essential reference for planners, land use lawyers, developers, and students of planning and law, as well as for policymakers and citizens involved with takings issues.

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Page Count

626

Publisher

Island Press

Published Date

ISBN 10

1597263281

ISBN 13

9781597263283

A Democracy of Distinction

Aristotle and the Work of Politics

By: Jill Frank

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A Democracy of Distinction

Aristotle and the Work of Politics

By: Jill Frank

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215

Publisher

University of Chicago Press

Published Date

ISBN 10

0226260194

ISBN 13

9780226260198

Child and Adolescent Psychiatry

A developmental approach

By: Jeremy Turk,Philip Graham,Frank C. Verhulst

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Child and Adolescent Psychiatry

A developmental approach

By: Jeremy Turk,Philip Graham,Frank C. Verhulst

This is one of the standard international textbooks on child and adolescent mental health. Its strengths lie in its up-to-date, evidence-based approach to practical clinical issues and its comprehensive multidisciplinary perspective. A well-established and popular comprehensive textbook, it combines the shared knowledge, experience and expertise of three major, internationally recognised, academic and clinical practitioners in this field. It covers all aspects of developmental psychology, behavioural and emotional disorders, types of therapy and prevention, with a special emphasis on developmental considerations and on ways in which physical health and psychological problems interact. The up-to-date content gives scholarly overviews of all relevant areas including genetics, neurodevelopment, developmental psychology, attachment theory, social aspects, service provision and child and adolescent mental health. The new edition also includes comprehensive sections on developmental disabilities, as well as adolescence and psychological aspects of physical disorder in young people. Updated throughout, the 'Child and Adolescent Psychiatry' provides necessary and useful information for all professionals dealing with emotionally, behaviourally and developmentally disordered children and their families. It will be essential for all trainees in child and adolescent mental health, as well as paediatricians, psychiatrists, psychologists, nurses, speech and language therapists, social workers, clinical service managers and commissioners.

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590

Publisher

OUP Oxford

Published Date

ISBN 10

0191588377

ISBN 13

9780191588372

Historical Dictionary of Heidegger's Philosophy

By: Frank Schalow

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Historical Dictionary of Heidegger's Philosophy

By: Frank Schalow

Martin Heidegger’s thinking is a complex, and his terminology is as nuanced, as any thinker in the history of philosophy. As the historian of philosophy par excellence, he also exhibits both a greater appreciation and mastery of previous thinkers than any almost any other philosopher before or since. The Historical Dictionary of Heidegger's Philosophy, Third Edition addresses this dual challenge of reading, understanding, and interpreting Heidegger’s vast writings. The book provides a comprehensive and detailed account of the key terms shaping Heidegger’s philosophy, as well as outlining the development of his thought spanning the entirety of his career spanning almost sixty years. The Dictionary also includes a discussion of Heidegger’s seminal writings, the spanning his entire Gesamtausgabe (Complete Edition) up through volume 99 (of the projected 102 volumes). This third edition of Historical Dictionary of Heidegger's Philosophy, Third Edition contains a chronology, an introduction, appendixes and an extensive bibliography. The dictionary section has over 800 cross-referenced entries that provides a clear and comprehensive exposition of the key developments in his life and his thought. This book is an excellent resource for students, researchers, and anyone wanting to know more about Martin Heidegger.

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Page Count

575

Publisher

Rowman & Littlefield

Published Date

ISBN 10

153812436X

ISBN 13

9781538124369

Harvard Guide to American History

By: Frank Freidel,Frank Burt Freidel,Richard K. Showman

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Harvard Guide to American History

By: Frank Freidel,Frank Burt Freidel,Richard K. Showman

Editions for 1954 and 1967 by O. Handlin and others.

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644

Publisher

Harvard University Press

Published Date

ISBN 10

0674375602

ISBN 13

9780674375604

Community Nutrition

Applying Epidemiology to Contemporary Practice

By: Gail C. Frank

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Community Nutrition

Applying Epidemiology to Contemporary Practice

By: Gail C. Frank

This graduate-level community nutrition textbook presents a conceptual framework for understanding the course of health and disease and matching community nutrition or applied nutrition epidemiology to the model.

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Page Count

982

Publisher

Jones & Bartlett Learning

Published Date

ISBN 10

0763730629

ISBN 13

9780763730628

A Republic of Law

By: Frank Lovett

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A Republic of Law

By: Frank Lovett

The rule of law is a valuable human achievement. It is valuable not only instrumentally, but also for its own sake as a significant aspect of social justice. Only in a society that enjoys the rule of law is it possible for people to regard one another as fellow free citizens; no one the master of anyone else. Nevertheless, the rule of law is poorly understood. In this book, Frank Lovett develops a rigorous conception of the rule of law that is grounded in legal positivism, and offers a civic republican argument for its value in terms of freedom from domination. Bridging persistent methodological gaps that divide legal philosophy, social science, and political theory, Lovett demonstrates how insights from all three can be united in a single powerful theory. This book will appeal to anyone interested in the rule of law, including scholars, legal officials, and policy-makers.

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245

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Cambridge University Press

Published Date

ISBN 10

1316668509

ISBN 13

9781316668504

Constitutional Essentials

On the Constitutional Theory of Political Liberalism

By: Frank I. Michelman

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Constitutional Essentials

On the Constitutional Theory of Political Liberalism

By: Frank I. Michelman

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233

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Oxford University Press

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ISBN 10

0197655831

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9780197655832

Legitimation by Constitution

A Dialogue on Political Liberalism

By: Frank Michelman,Alessandro Ferrara

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Legitimation by Constitution

A Dialogue on Political Liberalism

By: Frank Michelman,Alessandro Ferrara

Legitimation by Constitution" is the phrase, coined by distinguished authors Frank Michelman and Alessandro Ferrara, for a key idea in Rawlsian political liberalism of a reliance on a dualist form of democracy-a subjection of ground-level lawmaking to the constraints of a higher-law constitution that most citizens could find acceptable as a framework for their politics-as a response to the problem of maintaining a liberally just, stable, and oppression-free democratic government in conditions of pluralist visionary conflict. Legitimation by Constitution recalls, collects, and combines a series of exchanges over the years between Michelman and Ferrara, inspired by Rawls' encapsulation of this conception in his proposed liberal principle of legitimacy. From a shared standpoint of sympathetic identification with the political-liberal statement of the problem, for which legitimation by constitution is proposed as a solution, these exchanges consider the perceived difficulties arguably standing in the way of this proposal's fulfillment on terms consistent with political liberalism's defining ideas about political justification. The authors discuss the mysteries of a democratic constituent power; the tensions between government-by-the-people and government-by-consent; the challenges posed to concretization by judicial authorities of national constitutional law; and the magnification of these tensions and challenges under the lenses of ambition towards transnational legal ordering. These discussions engage with other leading contemporary theorists of liberal-democratic constitutionalism including Bruce Ackerman, Ronald Dworkin, and Jürgen Habermas.

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Page Count

209

Publisher

Oxford University Press

Published Date

ISBN 10

019266722X

ISBN 13

9780192667229

Book's by Frank Michelman

Brennan and Democracy

Brennan and Democracy

Legitimation by Constitution

Legitimation by Constitution

Constituent Moments

Constituent Moments

Constitutional Essentials

Constitutional Essentials

Brennan and Democracy

Brennan and Democracy

Publius and Political Imagination

Publius and Political Imagination

Creating R&D Incentives for Medicines for Neglected Diseases

Creating R&D Incentives for Medicines for Neglected Diseases

The Takings Issue

The Takings Issue

A Democracy of Distinction

A Democracy of Distinction

Child and Adolescent Psychiatry

Child and Adolescent Psychiatry

Historical Dictionary of Heidegger's Philosophy

Historical Dictionary of Heidegger's Philosophy

Harvard Guide to American History

Harvard Guide to American History

Community Nutrition

Community Nutrition

A Republic of Law

A Republic of Law

Constitutional Essentials

Constitutional Essentials

Legitimation by Constitution

Legitimation by Constitution

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