Federal Courts deservedly have the reputation of being an exceptionally difficult course, and this book is designed to make it accessible to students by providing the context of cases and doctrines, as well as explaining their relevance to the issues being litigated in the 21st century. Federal Courts in Context supports what pedagogic research calls “deep learning.” It does so by framing federal jurisdiction and structural constitutional law using clear, concise explanations of the social and historical context of canonical cases to reveal the concrete stakes of traditional debates about federal judicial power. The result is an engaging, accessible, and richly textured account of the subject supporting not only more sophisticated doctrinal and jurisprudential analysis but also the necessary foundation for inclusive pedagogy in the training of diverse 21st-century lawyers. The focus is on canonical cases and their context rather than notoriously dense treatise-like material common to other books in the field. The book is also organized to dovetail with Erwin Chemerinsky’s Federal Jurisdiction to maximize the accessibility of the casebook content and learning outcomes. Benefits for instructors and students: Structured to pair with the most commonly used secondary reference in the field, Erwin Chemerinsky’s Federal Jurisdiction. Focuses on canonical cases and excerpts rather than long, dense notes and treatise-like material. Directly addresses the structural constitutional significance of the Civil War, Reconstruction Amendments, and the retreat from Reconstruction for federalism, the modern Court’s federalism revival, and separation of powers. Makes explicit the influences of Indian Removal, allotment, and the late nineteenth-century extension of the American empire on doctrines of sovereignty, jurisdiction, plenary power, and non-Article III courts. Provides interdisciplinary contextualization of the labor movement, the New Deal, and the reproductive rights movement to enrich analysis of reverse-Erie cases, the rise of the administrative state, agency adjudication, and standing. Marries doctrinal and theoretical precision about the course’s core concepts (federalism, separation of powers, the Supremacy Clause, and jurisdiction) with legal realist sensibilities and attention to how ordinary people are affected by structural constitutional law, rather than abstractions, Socratic questions without answers, or other pedagogic techniques divorced from the research on deep learning.
Public space is political space. When a work of public art is put up or taken down, it is an inherently political statement, and the work’s aesthetics are inextricably entwined with its political valences. Democracy’s openness allows public art to explore its values critically and to suggest new ones. However, it also facilitates artworks that can surreptitiously or fortuitously undermine democratic values. Today, as bigotry and authoritarianism are on the rise and democratic movements seek to combat them, as Confederate monuments fall and sculptures celebrating diversity rise, the struggle over the values enshrined in the public arena has taken on a new urgency. In this book, Fred Evans develops philosophical and political criteria for assessing how public art can respond to the fragility of democracy. He calls for considering such artworks as acts of citizenship, pointing to their capacity to resist autocratic tendencies and reveal new dimensions of democratic society. Through close considerations of Chicago’s Millennium Park and New York’s National September 11 Memorial, Evans shows how a wide range of artworks participate in democratic dialogues. A nuanced consideration of contemporary art, aesthetics, and political theory, this book is a timely and rigorous elucidation of how thoughtful public art can contribute to the flourishing of a democratic way of life.
For 25 years, Lewis's Child and Adolescent Psychiatry has been the cornerstone of every child and adolescent psychiatrist’s library. Now, three colleagues of Dr. Lewis at the world-renowned Yale Child Study Center, have substantially updated and revised this foundational textbook for its long-awaited fifth edition, the first in ten years. Encyclopedic in scope, it continues to serve as a broad reference, deftly encompassing and integrating scientific principles, research methodologies, and everyday clinical care.
Comparative political theory is at best an embryonic and marginalized endeavor. As practiced in most Western universities, the study of political theory generally involves a rehearsal of the canon of Western political thought from Plato to Marx. Only rarely are practitioners of political thought willing (and professionally encouraged) to transgress the canon and thereby the cultural boundaries of North America and Europe in the direction of genuine comparative investigation. Border Crossings presents an effort to remedy this situation, fully launching a new era in political theory. Thirteen scholars from around the world examine the various political traditions of West, South, and East Asia and engage in a reflective cross-cultural discussion that belies the assumptions of an Asian 'essence' and of an unbridgeable gulf between West and non-West. The denial of essential differences does not, however, amount to an endorsement of essential sameness. As viewed and as practiced by contributors to this ground-breaking volume, comparative political theorizing must steer a course between uniformity and radical separation--this is the path of 'border crossings.
This book explores the emergence of an anarchic states-system in the twentieth-century Arab world. Following the collapse of the Ottoman Empire, Arab nationalist movements first considered establishing a unified regional arrangement to take the empire's place and present a common front to outside powers. But over time different Arab leaderships abandoned this project and instead adopted policies characteristic of self-interested, territorially limited states. In his explanation of this phenomenon, the author shifts attention away from older debates about the origins and development of Arab nationalism and analyzes instead how different nationalist leaderships changed the ways that they carried on diplomatic and strategic relations. He situates this shift in the context of influential sociological theories of state formation, while showing how labor movements and other forms of popular mobilization shaped the origins of the regional states-system.
The essays in Capabilities, Power, and Institutions extend, criticize, and reformulate the capabilities approach to development to better understand the importance of power, especially institutional power.
In this ambitious work, Fred Weinstein confronts the obstacles that have increasingly frustrated our attempts to explain social and historical reality. Traditionally, we have relied on history and social theory to describe the ways people understand the world they live in. But the ordering explanations we have always used—derived from the classical social theories originally forged by Marx, Tocqueville, Weber, Durkheim, Freud—have collapsed. In the wake of this collapse or "fall," the rival claims of fiction, psychoanalysis, sociology, anthropology, and history have created the dilemma of radical relativism, the prospect of multiple interpretations of any complex historical event. The basic strategy of social theory and the social sciences—the search for underlying unities—proves so inherently contradictory and has provided so little in the way of reliable knowledge of social and historical relationships that to many critics it seems no longer worth pursuing. Weinstein enters the debate by rejecting any search for underlying structural unities, dynamic or social, through which historians have attempted to find continuity with the past. He looks instead to ideological processes, to the construction of successive and changing versions of reality that mediate between the power of fantasy on the one side and the power of the social world on the other. He argues further that the need to use ideological constructs in this way accounts for the heterogeneous and changing content of social movements and for the persistent need people have always had for authoritative leaders, even in democratized societies. He suggests that people have historically been able to take a step away from leaders only by substituting the possession of objects such as property or money. This book is a breakthrough in poststructuralist theory that is sure to stimulate considerable discussion, especially about the shape of the social sciences and the future of historical interpretation.
Once and for all, America learns the likely inventor of its beloved bourbon. Bourbon is not just alcohol--this amber-colored drink is deeply ingrained in American culture and tangled in American history. From the early days of raw corn liquor to the myriad distilleries that have proliferated around the country today, bourbon has come to symbolize America. In Bourbon: The Rise, Fall, and Rebirth of an American Whiskey, award-winning spirits author Fred Minnick traces bourbon's entire history, from the 1700s with Irish, Scottish, and French settlers setting up stills and making distilled spirits in the New World through today's booming resurgence. He also lays out in expert detail the critical role this spirit has played throughout the cultural and even political history of the nation--from Congress passing whiskey-protection laws to consumers standing in long lines just for a glimpse of a rare bottle of Pappy Van Winkle--complemented by more than 100 illustrations and photos. And most importantly, Minnick explores the mystery of who most likely created the sweet corn liquor we now know as bourbon. He studies the men who've been championed as its inventors over time--from Daniel Boone's cousin to Baptist minister Elijah Craig--and, based on new research and never-before-seen documentation, answers the question of who deserves the credit.
Ethnic cleansing and other methods of political and social exclusion continue to thrive in our globalized world, complicating the idea that unity and diversity can exist in the same society. By envisioning the public as a multivoiced body, Fred Evans offers a solution to the dilemma of diversity. The multivoiced body is both one and many: heterogeneous voices that at once separate and bind themselves together through their continuous and creative interplay. By focusing on this traditionally undervalued or overlooked notion of voice, Evans shows how we can valorize simultaneously the solidarity, diversity, and richness of society and resist the pervasive countertendency to raise a chosen discourse to the level of "one true God," "pure race," or some other "oracle" that eliminates the dynamism of contesting voices.To support these views, Evans taps the major figures and themes of analytic and continental philosophy as well as modernist, postmodernist, postcolonial, and feminist thought. He also turns to sources outside of philosophy to address the implications of his views for justice, citizenship, democracy, and collective as well as individual rights. Evans straddles both philosophy and political practice, confronting issues of subjectivity, language, communication, and identity. For anyone interested in moving toward a just society and politics, The Multivoiced Body offers an innovative approach to the problems of human diversity and ethical plurality.
In his latest book, Horizons of Difference: Engaging with Others, Fred Dallmayr argues that the dialogue between religious and secular commitments, between faith and reason, is particularly important in our time because both faith and reason can give rise to dangerous and destructive types of extremism, fanaticism, or idolatry. In this interdisciplinary and cross-cultural synthesis of philosophy, religious thought, and political theory, Dallmayr neither accepts the “clash of cultures” dichotomy nor denies the reality of cultural tensions. Instead, operating from the standpoint of philosophical hermeneutics, he embraces cultural difference as a necessary condition and opportunity for mutual cross-cultural dialogue and learning. In part 1, “Relationality and Difference,” Dallmayr explores the emergence of diverse loyalties and attachments in different social and cultural contexts. The assumption is not that different commitments are necessarily synchronized or “naturally” compatible but rather that they are held together precisely by their difference and potential antagonism. Part 2, “Engagement through Dialogue and Interaction,” dwells on the major means of mediating between the alternatives of radical separation and radical sameness: dialogue and hermeneutical interpretation of understanding. In this respect, the emphasis shifts to leading philosophers of dialogue such as Hans-Georg Gadamer, Bernhard Waldenfels, and Maurice Merleau-Ponty. In a world where the absolutizing of the ego encourages selfish egotism that can lead to aggressive warmongering, Horizons of Difference shows how the categories of “difference” and “relationality” can be used to build a genuine and peaceful democracy based on dialogue and interaction instead of radical autonomy and elitism.
In addition to war, terrorism, and unchecked military violence, modernity is also subject to less visible but no less venomous conflicts. Global in nature, these “culture wars” exacerbate the tensions between tradition and innovation, virtue and freedom. Internationally acclaimed scholar Fred Dallmayr charts a course beyond these persistent but curable dichotomies in Integral Pluralism: Beyond Culture Wars. Consulting diverse fields such as philosophy, literature, political science, and religious studies, Dallmayr equates modern history with a process of steady pluralization. This process, which Dallmayr calls “integral pluralism,” requires new connections and creates ethical responsibilities. Dallmayr critically compares integral pluralism against the theories of Carl Schmitt, the Religious Right, international “realism,” and so-called political Islam. Drawing on the works of James, Heidegger, Gadamer, and Merleau-Ponty, Integral Pluralism offers sophisticated and carefully researched solutions for the conflicts of the modern world.
Margins of political discourse" are those border zones where paradigms intersect and where issues of order and disorder, meaning and non-meaning must be continually renegotiated. Our age is marked by multiple dislocations, by political as well as philosophical paradigm shifts. Politically, a Europe-centered world order has given way to a decentered arena of global power struggles. Philosophically, traditional metaphysics — itself a European legacy — is making room for diverse modes of anti-foundationalism. In this situation, philosophy and political theory are bound to be decentered themselves, occupying a peculiar border zone in which traditional boundaries are blurred without being erased. This is the locus of Dallmayr's book. Located at the intersection of Continental and Anglo-American thought as well as at the border of philosophy and politics, Margins of Political Discourse explores the zone between polis and cosmopolis, between modernity and postmodernity, between reason and contingency, between immanence and transcendence.
Small Wonder presents the dangers of the 'underside of modernity': the unleashing of unlimited lust for (global) power and wealth. Relying on leading critical intellectuals, Dallmayr offers a critique of the self-deceptions of our age, pleading in favor of the cultivation of the 'small wonder' of everyday life.
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