The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
The important aspects of human wellbeing outlined in human rights instruments and constitutional bills of rights can only be adequately secured as and when they are rendered the object of specific rights and corresponding duties. It is often assumed that the main responsibility for specifying the content of such genuine rights lies with courts. Legislated Rights: Securing Human Rights through Legislation argues against this assumption, by showing how legislatures can and should be at the centre of the practice of human rights. This jointly authored book explores how and why legislatures, being strategically placed within a system of positive law, can help realise human rights through modes of protection that courts cannot provide by way of judicial review.
The decisions courts make in constitutional rights cases pervade our political life and touch on our most basic interests and values. The spread of judicial review of legislation around the world means that courts are increasingly called on to settle matters of moral and political controversy, including assisted suicide, data privacy, anti-terrorism measures, marriage, and abortion. But doubts regarding the institutional capacities of courts for deciding such questions are growing. Judges now regularly review social science research to assess whether a law will effectively achieve its aim, and at what cost to other interests. They cite studies and statistical information from psychology, sociology, medicine, and other disciplines in which they are rarely trained. This empirical reasoning proceeds alongside open-ended moral reasoning, with judges employing terms such as equality, liberty, and autonomy, then determining what these require in concrete circumstances. This book shows that courts were not designed for this kind of moral and empirical reasoning. It argues that in comparison to legislatures, the institutional capacities of courts are deficient. Legislatures are better equipped than courts for deliberating and decision-making in regard to the kinds of factual and moral issues that arise in constitutional rights cases. The book concludes by considering the implications of comparative institutional capacity for constitutional design. Is a system of judicial review of legislation something that constitutional framers should choose to adopt? If so, in what form? For countries with systems of judicial review, practical proposals are made to remedy deficiencies in the institutional capacities of courts.
Fully engage learners in your classroom. Discover how to create high-quality assessments using a five-phase design protocol. Explore types and traits of quality assessment, and learn how to develop assessments that are innovative, effective, and engaging.
The only book of its kind, "Advanced Highway Driving Tactics for Safety and Optimization" is an unprecedented discussion - a rigorous technical exploration of a neglected yet crucial driver education topic: freeway driving. While most driver education classes and defensive driving books offer a broad overview of safe automobile operation in the highway context, these discussions have traditionally taken a back seat to that of local and secondary traffic environments. Highway driving is however a critical necessity to international commerce, local economic vitality, and every day life in developed societies, calling to need a specialized manual describing invaluable practices to ensure safety and promote a host of optimizations. Driving on the freeway is a potentially lethal task, nevertheless carrying with it certain expenditure costs of time, fuel, environmental, and law enforcement resources. By employing sound optimization techniques, drivers can minimize costs to improve safety, arrive at destinations more quickly, improve fuel-efficiency, decrease legal risks, minimize environmental impact, and increase the overall social utility of the developed world's most prominent means of medium-range transportation: the controlled-access divided highway. "Advanced Highway Driving Tactics for Safety and Optimization" develops a precise tactical model for spatial maneuvering on the highway and reviews topics such as spatial awareness technique, lane optimization, speed choice and control, entrance merging procedures, dangerous situation identification and avoidance, defensive and predictive intervehicular maneuvers, and vehicle control - all supported by thorough explanatory theory and research. Professional driving ability on the highway starts and ends with proper tactics, which this book examines in rich detail.
Happily Hippie: Meet a Modern Ethnicity rethinks hippies. Hippiedom didnt die; rather, as with other outgroups, it became socially invisible. Happily Hippie argues that the Counterculture is a 50-year-old ethnicity and explains Hippiedoms ethnogenesis. Well learn how anti-Hippie demagoguery has warped American politics, how the War on Drugs is largely about persecuting Hippie-America and how todays legalization movement is really about Hippie-America fighting for social equality. Happily Hippie documents the Countercultures many accomplishments, including inventing the Personal Computer; it estimates over 30 million Hippie-Americans and shows readers crude demographic maps of Hippie-America. We look at Hippies in philanthropy, Hollywood, sports, various arts, new medicine, the natural-foods industry, the Green movement and around the globe. Well see how stereotypes of Hippies echo those of other minorities, explore Hippie self-esteem issues, look at Hippie generational transfer and do some fun media analysis. Well also consider the need for a Hippie-American Ethnic Organization and how we might begin one. If youre Hippie, if youve ever been Hippie, read this book. It will change your head; it can change this world.
This book addresses the various ways in which modern approaches to the protection of national security have impacted upon the constitutional order of the United Kingdom. It outlines and assesses the constitutional significance of the three primary elements of the United Kingdom's response to the possibility of terrorism and other phenomena that threaten the security of the state: the body of counter-terrorism legislation that has grown up in the last decade and a half; the evolving law of investigatory powers; and, to the extent relevant to the domestic constitution, the law and practice governing international military action and co-operation. Following on from this, the author demonstrates that considerations of national security – as a good to be protected and promoted in contemporary Britain – are reflected not merely in the existence of discrete bodies of law by which it is protected at home and abroad, but simultaneously and increasingly leaked into other areas of public law. Elements of the constitution which are not directly and inherently linked to national security nevertheless become (by both accident and design) implicated in the state's national security endeavours, with significant and at times far-reaching consequences for the constitutional order generally. A renewed and strengthened concern for national security since September 2001 has, it is argued, dragged into its orbit a variety of constitutional phenomena and altered them in its image, giving rise to what we might call a national security constitution.
Buy a new version of this textbook and receive access to the Connected eBook on Casebook Connect, including lifetime access to the online ebook with highlight, annotation, and search capabilities. Access also includes an outline tool and other helpful resources. Connected eBooks provide what you need most to be successful in your law school classes. A user-friendly introduction to real estate law and the market factors that shape basic transactions, providing accessible coverage, enriching practice applications, structured perfectly for a one-semester course on real estate transactions. This concise and user-friendly casebook provides students with the tools necessary to understand real estate transactions in a real-world market setting. Real Estate Transactions is accessible to students with no prior background in real estate or business and coverage includes many real property and contract law materials tested on the Bar Exam. Multiple practice applications are included in every chapter to provide a bridge to “real world” law practice and preparation for assessments of lawyering skills (like the MPT). It also features cases and materials that reveal ethical and professional responsibility issues that allow students to see professional ethics in a real-world context. This integrated approach to explaining the market and ethical constraints on transactional real estate lawyers includes clear and concise explanations on each topic. New to the Sixth Edition: Two new co-authors: Andrea J. Boyack and James J. Kelly, Jr. Updated cases and text, including material on recent legal developments. Discussions of impactful current events, including the long-term impacts of the COVID-19 pandemic. Updated materials on market changes affecting real estate. New and improved problems in every chapter. Material on the evolving concerns about social justice. Professors will benefit from: Practice application problems that increase in difficulty with each section. Structured to balance theory and practice by emphasizing what successful transaction lawyers do daily. Multiple assessment opportunities allow for flexible grading approaches, enable students to demonstrate mastery of the material prior to the final exam, and can generate written responses that provide important information about student learning.
THE INSTANT NEW YORK TIMES BESTSELLER New York Times bestselling author Alan Paul's in-depth narrative look at the Allman Brothers' most successful album, and a portrait of an era in rock and roll and American history. The Allman Brothers Band’s Brothers and Sisters was not only the band’s bestselling album, at over seven million copies sold, but it was also a powerfully influential release, both musically and culturally, one whose influence continues to be profoundly felt. Celebrating the album’s fiftieth anniversary, Brothers and Sisters the book delves into the making of the album, while also presenting a broader cultural history of the era, based on first-person interviews, historical documents, and in-depth research. Brothers and Sisters traces the making of the template-shaping record alongside the stories of how the Allman Brothers came to the rescue of a flailing Jimmy Carter presidential campaign and helped get the former governor of Georgia elected president; how Gregg Allman’s marriage to Cher was an early harbinger of an emerging celebrity media culture; and how the band’s success led to internal fissures. The book also examines the Allman Brothers' relationship with the Grateful Dead—including the most in-depth reporting ever on the Summer Jam at Watkins Glen, the largest rock festival ever—and describes how they inspired bands like Lynyrd Skynyrd, helping create the southern rock genre. With exclusive access to hundreds of hours of never-before-heard interviews with every major player, including Dickey Betts and Gregg Allman, conducted by Allman Brothers Band archivist, photographer, and “Tour Mystic” Kirk West, Brothers and Sisters is an honest assessment of the band’s career, history, and highs and lows.
Winner of the John Burroughs Association’s John Burroughs Medal for natural history writing and a Southwest Book Award from the Border Regional Library Association To the untrained eye, a desert is a wasteland that defies civilization; yet the desert has been home to native cultures for centuries and offers sustenance in its surprisingly wide range of plant life. Gary Paul Nabhan has combed the desert in search of plants forgotten by all but a handful of American Indians and Mexican Americans. In Gathering the Desert readers will discover that the bounty of the desert is much more than meets the eye—whether found in the luscious fruit of the stately organpipe cactus or in the lowly tepary bean. Nabhan has chosen a dozen of the more than 425 edible wild species found in the Sonoran Desert to demonstrate just how bountiful the land can be. From the red-hot chiltepines of Mexico to the palms of Palm Springs, each plant exemplifies a symbolic or ecological relationship which people of this region have had with plants through history. Each chapter focuses on a particular plant and is accompanied by an original drawing by artist Paul Mirocha. Word and picture together create a total impression of plants and people as the book traces the turn of seasons in the desert.
The premier single-volume reference in the field of anesthesia, Clinical Anesthesia is now in its Sixth Edition, with thoroughly updated coverage, a new full-color design, and a revamped art program featuring 880 full-color illustrations. More than 80 leading experts cover every aspect of contemporary perioperative medicine in one comprehensive, clinically focused, clear, concise, and accessible volume. Two new editors, Michael Cahalan, MD and M. Christine Stock, MD, join Drs. Barash, Cullen, and Stoelting for this edition. A companion Website will offer the fully searchable text, plus access to enhanced podcasts that can be viewed on your desktop or downloaded to most Apple and BlackBerry devices. This is the tablet version which does not include access to the supplemental content mentioned in the text.
Richard Stoddert Ewell is best known as the Confederate General selected by Robert E. Lee to replace "Stonewall" Jackson as chief of the Second Corps in the Army of Northern Virginia. Ewell is also remembered as the general who failed to drive Federal troops from the high ground of Cemetery Hill and Culp's Hill during the Battle of Gettysburg. Many historians believe that Ewell's inaction cost the Confederates a victory in this seminal battle and, ultimately, cost the Civil War. During his long military career, Ewell was never an aggressive warrior. He graduated from West Point and served in the Indian wars in Oklahoma, Kansas, New Mexico, and Arizona. In 1861 he resigned his commission in the U.S. Army and rushed to the Confederate standard. Ewell saw action at First Manassas and took up divisional command under Jackson in the Shenandoah Valley Campaign and in the Seven Days' Battles around Richmond. A crippling wound and a leg amputation soon compounded the persistent manic-depressive disorder that had hindered his ability to make difficult decisions on the battlefield. When Lee reorganized the Army of Northern Virginia in May of 1863, Ewell was promoted to lieutenant general. At the same time he married a widowed first cousin who came to dominate his life—often to the disgust of his subordinate officers—and he became heavily influenced by the wave of religious fervor that was then sweeping through the Confederate Army. In Confederate General R.S. Ewell, Paul D. Casdorph offers a fresh portrait of a major—but deeply flawed—figure in the Confederate war effort, examining the pattern of hesitancy and indecisiveness that characterized Ewell's entire military career. This definitive biography probes the crucial question of why Lee selected such an obviously inconsistent and unreliable commander to lead one-third of his army on the eve of the Gettysburg Campaign. Casdorph describes Ewell's intriguing life and career with penetrating insights into his loyalty to the Confederate cause and the Virginia ties that kept him in Lee's favor for much of the war. Complete with riveting descriptions of key battles, Ewell's biography is essential reading for Civil War historians.
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