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Contemporary Property Rights Issues
A multidisciplinary overview This new series gathers a broad selection of the best scholarly literature dealing with property rights in American constitutional history. The initial three volumes deal with the historical aspects of property ownership, many of which are relevant to contemporary developments. Another volume is devoted to the contract clause, which was the heart of a great deal of constitutional litigation. Two volumes deal directly and at length with current issues, such as regulatory takings. The authors come from a variety of disciplines, including history, law, and political science, bringing a multidisciplinary approach to the debate, and providing an excellent background f...
Family Life and Family Interests
The purpose of this comparative study is three-fold. Firstly, it offers an analysis of and a comparison between the application and interpretation of Article 8 (often in conjunction with the anti-discrimination principle of Article 14) of the European Convention of Human Rights and the application and interpretation of the Due Process and Equal Protection Clauses of the Fourteenth Amendment of the United States Constitution, in particular with regard to family law. Secondly, it compares and analyses the answers to the specific questions regarding circumstances under which a legal parent-child relationship may be established and by whom, as described under Dutch (Chapter 4) and Californian, New York and Texas Law (Chapter 5). And thirdly, it compares and analyses the compliance with and influence of the European Convention as reflected in family law by the Dutch Supreme Court and the compliance with and influence of the U.S. Constitution as reflected in family law decisions - and filiation law in particular - by the courts in California, New York and Texas.
New York State Government
An expanded and updated edition of the 2002 book that has become required reading for policymakers, students, and active citizens.
New York Politics
New York Politics examines aspects of state government that are often hidden in the secret sessions of the parties' legislative conferences: the closed-door budget; a complicated array of opaque agencies, authorities, and local governments; and a campaign finance system that lacks transparency. New York is unique among the American states in the existence of regional and demographic divisions, making it difficult to govern. Edward V. Schneier, Antoinette Pole, and Anthony Maniscalco bring clarity and understanding to the politics of the Empire State. This third edition of the leading textbook on New York politics combines historical, legal, statistical, and journalistic sources with the candid perspectives of legislators, lobbyists, and other public officials. Critical updates and new information include an analysis of the rise and fall of Governor Andrew Cuomo, coverage of growing demographic diversity in New York State and its government, and the impact of unified government when the legislature and executive branch are both controlled by the Democratic Party.
New York Politics & Government
Two values often at odds with each other?competition and compassion?dominate New York?s political culture. Since the eighteenth century New York has been known for its economic leadership and entrepreneurial opportunities. Its nickname, ?the Empire State,? reflects the state?s continuing role as a national and international center of industry and commerce. Yet New York?s political culture, as Daniel J. Elazar has noted, is paradoxically both individualistic and moralistic. Compassion is extended not only toward those unable to compete in the marketplace but also toward the numerous interest groups and institutions?labor, business, nonprofit agencies?that depend on the state?s largesse for their own well-being. This distinctive political blend can produce inconsistent yet complementary public policies, such as providing tax incentives for economic development alongside liberal Medicaid benefits. In this excellentøoverview of New York politics, five distinguished scholars explore the state?s paradoxical political culture, examining its local, regional, and national components through the years.
Inventing American Exceptionalism
Cover -- Half-title -- Title -- Copyright -- Acknowledgments -- Introduction -- Chapter 1. The "Natural Elevation" of Equity: Quasi-Inquisitorial Procedure and the Early Nineteenth-Century Resurgence of Equity -- Chapter 2. A Troubled Inheritance: The English Procedural Tradition and Its Lawyer- Driven Reconfiguration in Early Nineteenth-Century New York -- Chapter 3. The Non-Revolutionary Field Code: Democratization, Docket Pressures, and Codification -- Chapter 4. Cultural Foundations of American Adversarialism: Civic Republicanism and the Decline of Equity's Quasi-Inquisitorial Tradition -- Chapter 5. Market Freedom and Adversarial Adjudication: The Nineteenth-Century American Debates over (European) Conciliation Courts and the Problem of Procedural Ordering -- Chapter 6. The Freedmen's Bureau Exception: The Triumph of Due (Adversarial) Process and the Dawn of Jim Crow -- Conclusion. The Question of American Exceptionalism and the Lessons of History -- Appendix. An Overview of the Archives -- Notes -- Index -- A -- B -- C -- D -- E -- F -- G -- H -- I -- J -- K -- L -- M -- N -- O -- P -- Q -- R -- S -- T -- U -- V -- W -- Y -- Z
The Law of American State Constitutions
The second edition of The Law of American State Constitutions provides complete coverage of the legal doctrines surrounding, applying to, and arising from American state constitutions and their judicial interpretation. Drawing on examples from specific states, Professors Williams and Friedman analyze the nature and function of state constitutions in contrast to the federal Constitution, including rights, separation of powers, issues of interpretation, and the processes for amendment and revision. In this edition, Williams and Friedman focus on recent developments, including the state constitutional dimensions of same-sex marriage and the reaction of state courts to U.S. Supreme Court decisio...
Building the Empire State
Building the Empire State examines the origins of American capitalism by tracing how and why business corporations were first introduced into the economy of the early republic. Brian Phillips Murphy follows the collaborations between political leaders and a group of unelected political entrepreneurs, including Robert R. Livingston and Alexander Hamilton, who persuaded legislative powers to grant monopolies corporate status in order to finance and manage civic institutions. Murphy shows how American capitalism grew out of the convergence of political and economic interests, wherein political culture was shaped by business strategies and institutions as much as the reverse. Focusing on the sta...
The Presidents and the Constitution
Shines new light on America's brilliant constitutional and presidential history, from George Washington to Barack Obama. In this sweepingly ambitious volume, the nation’s foremost experts on the American presidency and the U.S. Constitution join together to tell the intertwined stories of how each American president has confronted and shaped the Constitution. Each occupant of the office—the first president to the forty-fourth—has contributed to the story of the Constitution through the decisions he made and the actions he took as the nation’s chief executive. By examining presidential history through the lens of constitutional conflicts and challenges, The Presidents and the Constitu...
Failed State
Failed State is both an original account of a state legislature in urgent need of reform and a call to action for those who would fix it. Drawing on his experiences both in and out of state government, former New York State senator Seymour P. Lachman reveals and explores Albany's hush-hush, top-down processes, illuminating the hidden, secretive corners where the state assembly and state senate conduct the people's business and spend public money. Part memoir and part exposé, Failed State is a revision of and follow-up to Three Men in a Room, published in 2006. The focus of the original book was the injury to democratic governance that arises when three individuals—governor, senate majorit...
