Modern administrative law has been the subject of intense and protracted intellectual debate, from legal theorists to such high-profile judicial confirmations as those conducted for Supreme Court justices Neil Gorsuch and Brett Kavanaugh. On one side, defenders of limited government argue that the growth of the administrative state threatens traditional ideas of private property, freedom of contract, and limited government. On the other, modern progressives champion a large administrative state that delegates to key agencies in the executive branch, rather than to Congress, broad discretion to implement major social and institutional reforms. In this book, Richard A. Epstein, one of America’s most prominent legal scholars, provides a withering critique of how theadministrative state has gone astray since the New Deal. First examining how federal administrative powers worked well in an earlier age of limited government, dealing with such issues as land grants, patents, tariffs and government employment contracts, Epstein then explains how modern broad mandates for delegated authority are inconsistent with the rule of law and lead to systematic abuse in a wide range of subject matter areas: environmental law; labor law; food and drug law; communications laws, securities law and more. He offers detailed critiques of major administrative laws that are now under reconsideration in the Supreme Court and provides recommendations as to how the Supreme Court can roll back the administrative state in a coherent way.
In recent years, a conservative majority of the U.S. Supreme Court, over vigorous dissent, has developed circumventions to the Establishment Clause of the First Amendment that allow state legislatures to use public tax dollars to aid private elementary and secondary education, with the vast majority of that funding reaching parochial schools and other religiously-affiliated education providers. In this book Professors Winer and Crimm clearly elucidate for readers’ greater understanding and appreciation the complex and controversial policy, legal, and constitutional issues involved in using tax expenditures - mechanisms such as exclusions, deductions, and credits that economically function essentially as government subsidies - to finance private, religious schooling.
The role of religion as a contentious and motivating force in society is examined here through the lens of the church-state dynamic in countries with three very different approaches to this crucial relationship. Focusing on the United Kingdom, where there is official recognition of one religion by the state, the United States, where law imposes a separatism between religion and the state and Germany, where there is cooperation between the church and state, this book compares these three models. It describes the components of each model, illustrates their operation and uses case law to examine what each model might learn from the other. Controversial and timely issues such as the refusal of medical treatment on religious grounds, the wearing of Islamic headscarves and ritual animal slaughter are discussed with new insight, providing a comprehensive review of varied approaches to law, government and religious freedom.
At its founding, the United States was one of the most religiously diverse places in the world. Baptists, Methodists, Catholics, Episcopalians, Presbyterians, Congregationalists, Quakers, Dutch Reformed, German Reformed, Lutherans, Huguenots, Dunkers, Jews, Moravians, and Mennonites populated the nations towns and villages. Dozens of new denominations would emerge over the succeeding years. What allowed people of so many different faiths to forge a nation together? In this richly told story of ideas, Chris Beneke demonstrates how the United States managed to overcome the religious violence and bigotry that characterized much of early modern Europe and America. The key, Beneke argues, did not lie solely in the protection of religious freedom. Instead, he reveals how American culture was transformed to accommodate the religious differences within it. The expansion of individual rights, the mixing of believers and churches in the same institutions, and the introduction of more civility into public life all played an instrumental role in creating the religious pluralism for which the United States has become renowned. These changes also established important precedents for future civil rights movements in which dignity, as much as equality, would be at stake. Beyond Toleration is the first book to offer a systematic explanation of how early Americans learned to live with differences in matters of the highest importance to them --and how they found a way to articulate these differences civilly. Today when religious conflicts once again pose a grave danger to democratic experiments across the globe, Beneke's book serves as a timely reminder of how one country moved past toleration and towards religious pluralism.
Federalism and the Tug of War Within explores how constitutional interpreters reconcile the competing values that underpin American federalism, with real consequences for governance that require local and national collaboration. Drawing examples from Hurricane Katrina, climate governance, health care reform, and other problems of local and national authority, author Erin Ryan demonstrates how the Supreme Court's federalism jurisprudence can inhibit effective inter-jurisdictional governance by failing to navigate the tensions within federalism itself. The Constitution's dual sovereignty directive fosters an ideal set of good governance values, including checks and balances, accountability, local autonomy, and local and national synergy, that are nevertheless in constant competition. This inherent "tug of war" is responsible for the epic instability in the Court's federalism jurisprudence, but it is poorly understood. With new conceptual vocabulary to wrestle with old dilemmas, Ryan traces the development of federalism's tug of war, and proposes innovations to manage judicial, legislative, and executive efforts with more focus. Her analysis clarifies how the tug of war is already mediated through balancing, compromise, and negotiation. She proposes a Balanced Federalism model that mediates tensions on three separate planes: fostering balance among competing federalism values, leveraging the functional capacities of the three branches in interpreting federalism, and maximizing the wisdom of both state and federal actors in so doing. The new framework better harmonizes values that-though in tension-have made the American system of government so effective and enduring.
The Supreme Court's intervention in the 2000 election will shape American law and democracy long after George W. Bush has left the White House. This vitally important book brings together a broad range of preeminent legal scholars who address the larger questions raised by the Supreme Court's actions. Did the Court's decision violate the rule of law? Did it inaugurate an era of super-politicized jurisprudence? How should Bush v. Gore change the terms of debate over the next round of Supreme Court appointments? The contributors--Bruce Ackerman, Jack Balkin, Guido Calabresi, Steven Calabresi, Owen Fiss, Charles Fried, Robert Post, Margaret Jane Radin, Jeffrey Rosen, Jed Rubenfeld, Cass Sunstein, Laurence Tribe, and Mark Tushnet--represent a broad political spectrum. Their reactions to the case are varied and surprising, filled with sparkling argument and spirited debate. This is a must-read book for thoughtful Americans everywhere.
Free Exercise is an innovative contribution to both United States constitutional history and the history of religious toleration in the United States. It traces the routes by which Americans arrived at the First Amendment's religious clauses, the cultural currents that shaped their meaning, and the consequences that flowed from them.
It is essential for anyone involved in law, politics, and government to comprehend the workings of the federal independent regulatory agencies of the United States. Occasionally referred to as the "headless fourth branch of government," these agencies do not fit neatly within any of the three constitutional branches. Their members are appointed for terms that typically exceed those of the President, and cannot be removed from office in the absence of some sort of malfeasance or misconduct. They wield enormous power over the private sector. Independent Agencies in the United States provides a full-length study of the structure and workings of federal independent regulatory agencies in the US, focusing on traditional multi-member agencies, such as the Securities and Exchange Commission, the Federal Communications Commission, the National Labor Relations Board, and the Federal Trade Commission. It recognizes that the changing kaleidoscope of modern life has led Congress to create innovative and idiosyncratic administrative structures including government corporations, government sponsored enterprises governance, public-private partnerships, systems for "contracting out," self-regulation and incorporation by reference of private standards. In the process, Breger and Edles analyze the general conflict between political accountability and agency independence. They provide a unique comparative review of the internal operations of US agencies and offer contrasts between US, EU, and certain UK independent agencies. Included is a first-of-its-kind appendix describing the powers and procedures of the more than 35 independent US federal agencies, with each supplemented by a selective bibliography.
Evangelicals, once at the periphery of American life, now wield power in the White House and on Wall Street, at Harvard and in Hollywood. How have they reached the pinnacles of power in such a short time? And what does this mean for evangelicals--and for America? Drawing on personal interviews with an astonishing array of prominent Americans--including two former Presidents, dozens of political and government leaders, more than 100 top business executives, plus Hollywood moguls, intellectuals, athletes, and other powerful figures--D. Michael Lindsay shows first-hand how they are bringing their vision of moral leadership into the public square. This riveting volume tells us who the real evangelical power brokers are, how they rose to prominence, and what they're doing with their clout. Lindsay reveals that evangelicals are now at home in the executive suite and on the studio lot, and from those lofty perches they have used their influence, money, and ideas to build up the evangelical movement and introduce it to the wider American society. They are leaders of powerful institutions and their goals are ambitious--to bring Christian principles to bear on virtually every aspect of American life. Along the way, the book is packed with fascinating stories and striking insights. Lindsay shows how evangelicals became a force in American foreign policy, how Fortune 500 companies are becoming faith-friendly, and how the new generation of the faithful is led by cosmopolitan evangelicals. These are well-educated men and women who read both The New York Times and Christianity Today, and who are wary of the evangelical masses' penchant for polarizing rhetoric, apocalyptic pot-boilers, and bad Christian rock. Perhaps most startling is the importance of personal relationships between leaders--a quiet conversation after Bible study can have more impact than thousands of people marching in the streets. Faith in the Halls of Power takes us inside the rarified world of the evangelical elite--beyond the hysterical panic and chest-thumping pride--to give us the real story behind the evangelical ascendancy in America.
The Challenge of Democracy is well-known for its exploration of two themes: the conflicting values of freedom, order, and equality and the majoritarianism vs. pluralism debate. In addition, a focus on globalization and its implications helps students put American government in a broader context. Current coverage includes the latest developments in American Government, including the results of key races in the 2006 mid-term election. Student Achievement Series: The Challenge of Democracy is an innovative text and part of a program developed in partnership with teachers and students to meet the learning, study, and assessment goals necessary for student success. Through extensive research and focus groups conducted with a diverse cross-section of students, Houghton Mifflin presents a groundbreaking solution for skills mastery, understanding, and retention. Feedback from students has been instrumental in all aspects of development--from design and pedagogy to testing and assessment to title and packaging. These elements culminate in a textbook program that reflects the way students learn and study best. As with all texts in the Student Achievement Series, The Challenge of Democracy incorporates concise, to-the-point coverage; eliminates extraneous material; integrates pedagogy that reinforces key concepts; features a strong, supporting web component for review, testing, and assessment purposes; and provides students with real value for their educational dollar.
In the first half of this century, a talented and charismatic leadership restructured the American Jewish community to meet the demands and opportunities of a pluralistic, secular society. The work of this generation of titans still guides the current modes of American Jewish life. The last of these giants was the influential reformer Stephen S. Wise--a progenitor of American Zionism, creator of the American and World Jewish Congresses, and founder of the Jewish Institute of Religion. As rabbi of the Free Synagogue, Wise led the fight for a living Judaism responsive to social problems. This engrossing study is more than a chronicle of an ethnic community's adjustment to a host society. Thanks to Melvin Urofsky's painstaking research, it succeeds in revealing the true story behind a legendary and controversial figure in American Jewish history.
This book argues against the view that mathematical knowledge is a priori, contending that mathematics is an empirical science and develops historically, just as natural sciences do. Kitcher presents a complete, systematic, and richly detailed account of the nature of mathematical knowledge and its historical development, focusing on such neglected issues as how and why mathematical language changes, why certain questions assume overriding importance, and how standards of proof are modified.
The Contemporary Congress offers a clear and concise introduction to legislative processes, from defining congressional structures and rules to analyzing presidential-congressional relations. By integrating academic studies—both modern and classic—with the actual politics of Capitol Hill,The Contemporary Congress presents students with a comprehensive and up-to-date analysis of policymaking in the U.S. Congress.
With a few exceptions, historiography has paid little attention to the impact of French economic thought during the American Revolution, focusing instead on the Revolution’s links with Britain. This book outlines how, from the mid-eighteenth to the early-nineteenth century, the political and social dimension of French economic thought, and particularly of Physiocracy, spurred American Republicans to a radical shaping of American agrarian ideology. Such a perspective allows for a reconsideration of several questions that lie at the heart of contemporary historiographic debate: the connection between politics and economics; the meaning of republicanism; the foundations of representation; the role of Europe in the Atlantic world; and the interaction between national histories and global context. In particular, the research methodology adopted here makes it possible to reconstruct how American national identity, conceived as an expression of society in economic terms, emerged through a cosmopolitan way of thinking focused on the uniqueness of the new state.
This is a conversation between five poet-theologians broadly within the Christian tradition who together form The Diviners. Each poet offers a reflection on how they understand the relation between poetry and faith, rooting their reflections in their own writing, and illustrating discussion with a selection of their own poems and opening up issues for deeper exploration and reflection. This book will interest poets, theologians and all those committed to the practice and nurturing of a contemplative attitude to life in which profound attention and respect are offered to words and to the creative Word at work.
So much has changed during the past decade in political campaigning that we can almost say "it's a whole new ball game." This book analyzes the way campaigns were traditionally run and the extraordinary changes that have occurred in the last decade. Dennis W. Johnson looks at the most sophisticated techniques of modern campaigning—micro-targeting, online fundraising, digital communication, the new media—and examines what has changed, how those changes have dramatically transformed campaigning, and what has remained fundamentally the same despite new technologies and communications. Campaigns are becoming more open and free-wheeling, with greater involvement of activists and average voters alike. But they can also become more chaotic and difficult to control. Campaigning in the Twenty-First Century presents daunting challenges for candidates and professional consultants as they try to get their messages out to voters. Ironically, the more open and robust campaigns become, the greater is the need for seasoned, flexible and imaginative professional consultants.
Special Education in Contemporary Society: An Introduction to Exceptionality offers a comprehensive, engaging, and readable introduction to the dynamic field of special education. Grounded in research and updated to reflect the most current thinking and standards of the field, this book provides students with the knowledge, skills, attitudes, and beliefs that are crucial to constructing learning environments that allow all students to reach their full potential. Authors Richard M. Gargiulo and Emily C. Bouck encourage a deep awareness and understanding of the "human" side of special education, providing students with a look into the lives of exceptional students and their families, as well as the teachers that work with exceptional persons throughout their lives. The Seventh Edition maintains the broad context and research focus for which the book is known while expanding on current trends and contemporary issues to better serve both pre-service and in-service teachers of exceptional individuals. This title is accompanied by a complete teaching and learning package.
A significant new addition to the field of educational and social history. The broad perspective and effective blending of varying historical assessments reveal Nasaw's strength as a writer and historian.
Elly van Gelderen provides examples of linguistic cycles from a number of languages and language families, along with an account of the linguistic cycle in terms of minimalist economy principles. A cycle involves grammaticalization from lexical to functional category followed by renewal. Some well-known cycles involve negatives, where full negative phrases are reanalyzed as words and affixes and are then renewed by full phrases again. Verbal agreement is another example: full pronouns are reanalyzed as agreement markers and are renewed again. Each chapter provides data on a separate cycle from a myriad of languages. Van Gelderen argues that the cross-linguistic similarities can be seen as Economy Principles present in the initial cognitive system or Universal Grammar. She further claims that some of the cycles can be used to classify a language as analytic or synthetic, and she provides insight into the shape of the earliest human language and how it evolved.
Examines the goals of equality in education, reviews the experiences of five communities, and recommends policy measures to improve educational opportunity in the United States
Based on the author s analysis of in-depth interviews and relevant research literature, this booki nvestigates and explores the experiences, problems and pressures faced by black and ethnic minority women managers in the United Kingdom. To date, research addressing the issues of black managers has been almost exclusively American, predominantly black African-Americans, and the overall amount of published research has been limited. Indeed, studies of black and ethnic minority professional women, especially in corporate settings, have been virtually excluded from the growing body of research on women in management. This book has been written to fill this gap.
This 1996 edition of the phenomenally popular CONSTITUTIONAL LAW, by Stone, Seidman, Sunstein, and Tushnet, continues to offer the most vibrant and challenging set of teaching materials available for your course. Retaining its popular interdisciplinary focus on historical, political, and sociological emphasis, this edition features: streamlined notes and tightened case editing an entire section on quasi-congressional commitments, i.e. Contract with America a new section on sexual orientation And The equal protection clause new 'comparative perspective' notes within each chapter, which provide new perspectives on American constitutional law and up-to-date knowledge of other countries' legal systems expanded material on the constitutional implications of foreign relations, including a new section on the domestic effects of treaties and executive agreements new material on the regulation of cable television And The First Amendment in cyberspace thoroughly revised material on affirmative action a reorganized section on the establishment clause, incorporating major decisions the use of U.S. v. Lopez in the Powers of Congress chapter to refocus the discussion of policy and constitutional theory of federalism. A Teacher's Manual and annual supplement complete the text.
The 2004 Case Supplement to accompany the authors' Process of Constitutional Decisionmaking, Fourth Edition, features major constitutional law cases through the Court's 2003-2004 term.
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