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A pathbreaking theoretical and empirical study proposing social equality as a measure of the rule of law.
What is the American rule of law? Is it a paradigm case of the strong constitutionalism concept of the rule of law or has it fallen short of its rule of law ambitions? This open access book traces the promise and paradox of the American rule of law in three interwoven ways. It focuses on explicating the ideals of the American rule of law by asking: how do we interpret its history and the goals of its constitutional framers to see the rule of law ambitions its foundational institutions express? It considers those constitutional institutions as inextricable from the problem of race in the United States and the tensions between the rule of law as a protector of property rights and the rule of l...
The Pow Wow Coloring Book is an adult coloring book featuring 20 pages inspired by Native American designs. It includes designs similar to blankets, beadwork, and ribbon work seen at Pow Wows. Relax while you bring these designs to life with color!Created by PowWows.com, the leading resource for Native American culture.
From two legal luminaries, a highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? Intolerable? American public law has long been riven by a persistent, serious conflict, a kind of low-grade cold war, over these questions. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed, as long as public officials are constrained by what they call the morality of administrative law. Law and Leviathan elaborates a number of principles that underlie this moral regime. Officials who respect that morality never f...
Legal scholar Peter M. Shane confronts U.S. presidential entitlement and offers a more reasonable way of conceptualizing our constitutional presidency in the twenty-first century. In the eyes of modern-day presidentialists, the United States Constitution’s vesting of “executive power” means today what it meant in 1787. For them, what it meant in 1787 was the creation of a largely unilateral presidency, and in their view, a unilateral presidency still best serves our national interest. Democracy’s Chief Executive challenges each of these premises, while showing how their influence on constitutional interpretation for more than forty years has set the stage for a presidency ripe for au...
Governments and consumers expect internet platform companies to regulate their users to prevent fraud, stop misinformation, and avoid violence. Yet, so far, they've failed to do so. The inability of platforms like Facebook, Google, and Amazon to govern their users has led to stolen elections, refused vaccines, counterfeit N95s in a pandemic, and even genocide. Such failures stem from these companies' inability to manage the complexity of their userbases, products, and their own incentives under the eyes of internal and external constituencies. The Networked Leviathan argues that countries should adapt the institutional tools developed in political science for platform governance to democratize major platforms. Democratic institutions allow knowledgeable actors to freely share and apply their understanding of the problems they face while leaders more readily recruit third parties to help manage their decision-making capacity. This book is also available Open Access on Cambridge Core. For more information, visit https://networked-leviathan.com.
An in-depth report that takes readers on a shocking tour through a macabre global underworld where organs, bones, and live people are bought and sold on the red market. Investigative journalist Scott Carney has spent five years on the ground tracing the lucrative and deeply secretive trade in human bodies and body parts—a vast hidden economy known as the “red market.” From the horrifying to the ridiculous, he discovers its varied forms: an Indian village nicknamed “Kidneyvakkam” because most of its residents have sold their kidneys for cash; unscrupulous grave robbers who steal human bones from cemeteries, morgues, and funeral pyres for anatomical skeletons used in Western medical ...
Featuring contributions from a diverse set of experts, this thought-provoking book offers a visionary introduction to the computational turn in law and the resulting emergence of the computational legal studies field. It explores how computational data creation, collection, and analysis techniques are transforming the way in which we comprehend and study the law, and the implications that this has for the future of legal studies.
This book offers an original theory of adjudication focused on the ethics of judging in courts of law. It offers two main theses. The good faith thesis defends the possibility of lawful judicial decisions even when judges have discretion. The permissible discretion thesis defends the compatibility of judicial discretion and legal indeterminacy with the legitimacy of adjudication in a constitutional democracy. Together, these two theses oppose both conservative theories that would restrict the scope of adjudication unduly and leftist critical theories that would liberate judges from the rule of law.
For many years, "no means no" served as the standard for whether sexual consent is granted, but valid concerns have called for an expansion of this standard. Factors that could prevent someone from rejecting an unwanted advance include coercion and intoxication, making the concept of verbal consent muddy. The debate over whether this standard should be replaced and what should replace it has brought forth various possible solutions, with some arguing that only enthusiastic verbal consent will do, and others asserting that this expectation is unrealistic. Factors like age, positions of trust and authority, and mental and emotional conditions and disabilities also factor into the discussion. The well-balanced articles found here will provide your readers with an intelligent understanding of this topic.