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Looking for Law in All the Wrong Places by Marianne Constable,Leti Volpp,Bryan Wagner Pdf
For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This text looks for law in the "wrong places"-sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law's constraints. 'Looking for Law in All the Wrong Places' brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric to look at law from the standpoint of the humanities.
Looking for Law in All the Wrong Places by Marianne Constable,Leti Volpp,Bryan Wagner Pdf
For many inside and outside the legal academy, the right place to look for law is in constitutions, statutes, and judicial opinions. This book looks for law in the “wrong places”—sites and spaces in which no formal law appears. These may be geographic regions beyond the reach of law, everyday practices ungoverned or ungovernable by law, or works of art that have escaped law’s constraints. Looking for Law in All the Wrong Places brings together essays by leading scholars of anthropology, cultural studies, history, law, literature, political science, race and ethnic studies, religion, and rhetoric, to look at law from the standpoint of the humanities. Beyond showing law to be determined by or determinative of distinct cultural phenomena, the contributors show how law is itself interwoven with language, text, image, and culture. Many essays in this volume look for law precisely in the kinds of “wrong places” where there appears to be no law. They find in these places not only reflections and remains of law, but also rules and practices that seem indistinguishable from law and raise challenging questions about the locations of law and about law’s meaning and function. Other essays do the opposite: rather than looking for law in places where law does not obviously appear, they look in statute books and courtrooms from perspectives that are usually presumed to have nothing to say about law. Looking at law sideways, or upside down, or inside out defamiliarizes law. These essays show what legal understanding can gain when law is denied its ostensibly proper domain. Contributors: Kathryn Abrams, Daniel Boyarin, Wendy Brown, Marianne Constable, Samera Esmeir, Daniel Fisher, Sara Ludin, Saba Mahmood, Rebecca McLennan, Ramona Naddaff, Beth Piatote, Sarah Song, Christopher Tomlins, Leti Volpp, Bryan Wagner
Looking for Rights in All the Wrong Places by Emily Zackin Pdf
Unlike many national constitutions, which contain explicit positive rights to such things as education, a living wage, and a healthful environment, the U.S. Bill of Rights appears to contain only a long list of prohibitions on government. American constitutional rights, we are often told, protect people only from an overbearing government, but give no explicit guarantees of governmental help. Looking for Rights in All the Wrong Places argues that we have fundamentally misunderstood the American rights tradition. The United States actually has a long history of enshrining positive rights in its constitutional law, but these rights have been overlooked simply because they are not in the federal Constitution. Emily Zackin shows how they instead have been included in America's state constitutions, in large part because state governments, not the federal government, have long been primarily responsible for crafting American social policy. Although state constitutions, seemingly mired in trivial detail, can look like pale imitations of their federal counterpart, they have been sites of serious debate, reflect national concerns, and enshrine choices about fundamental values. Zackin looks in depth at the history of education, labor, and environmental reform, explaining why America's activists targeted state constitutions in their struggles for government protection from the hazards of life under capitalism. Shedding much-needed light on the variety of reasons that activists pursued the creation of new state-level rights, Looking for Rights in All the Wrong Places challenges us to rethink our most basic assumptions about the American constitutional tradition.
The Gulf of Guinea maritime environment accounts for between 70-90 percent of the revenue of the states in the region. In addition to its rich forestry, fisheries reserves, and massive mineral and hydrocarbon deposits, it also houses the largest volumes of the region's oil and gas, which are still its most valued natural resources. Thus, its economic importance has been of great regional and global interest at all times. Invariably, the economic prosperity, or otherwise, of the states in the region is intrinsically tied to the peace and security of the Gulf. This primary and strategic position of the Gulf in the socio-economic survival and development of the states in the region critically underscores the huge importance of its general security, which in recent years and decades has been blighted by many security challenges. Dele Ezeoba's Maritime Security: Imperatives for Economic Development in the Gulf of Guinea extensively engages the dynamics and dialectics of security and economic development in the chosen maritime area, and establishes theoretical and practical mechanisms that should be deployed in combating security threats in the maritime space, and opening up the region to greater development. It offers enterprising vistas of intellectual designs in addressing critical issues of maritime security and economic prosperity.
Looking for Votes in All the Wrong Places by Rick Ridder Pdf
The veteran presidential campaign manager recounts his many adventures, travesties, triumphs, and lessons from more than forty years on the trail. Over his long and legendary career, campaign strategist Rick Ridder has been at the center of everything from presidential death matches to the legalization of marijuana. In this lively memoir, he recounts his life on the trail from the McGovern campaign to more recent candidates and causes. Along the way, he reveals his “twenty-two rules of campaign management”―each one illustrated by entertaining, instructive, and mostly true stories from his own experiences. Rick offers an unsparing, often hilarious self-portrait of the political guru as a young man, criss-crossing the country from one drafty campaign headquarters to the next, making mistakes and pulling rabbits out of hats, wrangling temperamental celebrities, winning some elections and losing others. Through his stories, you’ll meet the state legislature candidate who said he’d win thanks to his reputation as a judge in cat competitions; the US Senate candidate who told the Southern press, “I hate southern accents”; a young Senator Al Gore who campaigned for President in 1988 by eating his way through New York City alongside Mayor Koch; Leonard Nimoy, good-naturedly trekking through rural Wisconsin in Rick’s own Jeep because Rick was too young to rent a more appropriate vehicle; and many other colorful characters.
Author : Douglas E Edlin Publisher : University of Michigan Press Page : 281 pages File Size : 53,7 Mb Release : 2016-07-29 Category : Political Science ISBN : 9780472130023
What's Law Got to Do With It? by Charles Gardner Geyh Pdf
Top US legal scholars and political scientists examine how the law shapes judges’ behavior and decisions, and what it means for society at large. Although there is a growing consensus among legal scholars and political scientists, significant points of divergence remain. Contributors to What’s Law Got to Do with It? explore ways to reach greater accord on the complexity and nuance of judicial decision making and judicial elections, while acknowledging that agreement on what judges do is not likely to occur any time soon. As the first forum in which political scientists and legal scholars engage with one another on these hot button issues, this volume strives to establish a true interdisciplinary conversation. The inclusion of reactions from practicing judges puts into high relief the deep-seated and opposing beliefs about the roles of law and politics in judicial work. Praise for What’s Law Got to Do with It? “Geyh (associate dean for research and John F. Kimberling professor of law, Indiana Univ. School of Law) is well qualified to edit this reader about the interaction of law and politics in contemporary society. The contributors . . . are among the very best scholars in the legal and political science realm . . . . The writing is lively and easy to follow for the somewhat sophisticated reader . . . . Highly recommended.” —Choice “Readers will find these essays fascinating, thoughtful and sometimes infuriating, as conventional disciplinary wisdom is defended, modified and refuted. The result is a terrific text for all students of the legal process.” —Mark A. Graber, University of Maryland “This volume pulls together an excellent cast to examine one of the most intriguing and most difficult questions in the study of law and politics today—what role does law play in the job of judging? There is a lot to learn in these pages, and this book does a fine job of pushing the conversation forward.” —Keith Whittington, Princeton University
Women's Legal Landmarks by Erika Rackley,Rosemary Auchmuty Pdf
Women's Legal Landmarks commemorates the centenary of women's admission in 1919 to the legal profession in the UK and Ireland by identifying key legal landmarks in women's legal history. Over 80 authors write about landmarks that represent a significant achievement or turning point in women's engagement with law and law reform. The landmarks cover a wide range of topics, including matrimonial property, the right to vote, prostitution, surrogacy and assisted reproduction, rape, domestic violence, FGM, equal pay, abortion, image-based sexual abuse, and the ordination of women bishops, as well as the life stories of women who were the first to undertake key legal roles and positions. Together the landmarks offer a scholarly intervention in the recovery of women's lost history and in the development of methodology of feminist legal history as well as a demonstration of women's agency and activism in the achievement of law reform and justice.
Freedom of Speech: Volume 21, Part 2 by Ellen Frankel Paul,Fred Dycus Miller,Jeffrey Paul Pdf
Whether free speech is defended as a fundamental right that inheres in each individual, or as a guarantee that all of society's members will have a voice in democratic decision-making, the central role of expressive freedom in liberating the human spirit is undeniable. Freedom of expression will, as the essays in this volume illuminate, encounter new and continuing controversies in the twenty-first century. Advances in digital technology raise pressing questions regarding freedom of speech and, with it, intellectual property and privacy rights. Campaign finance reform limits the formerly sacrosanct category of 'political speech'. Expressive liberties may face their greatest challenge from government efforts to thwart terrorism. The twelve legal scholars and philosophers whose work appears in this volume examine the history of free speech doctrine, its relevance to other social and personal values, and the radical critiques it has withstood in recent years.
New Rhetorics for Contemporary Legal Discourse by Angela Condello Pdf
Are the general and the particular separated in legal rhetorics? What is the function of singular events, facts, names in legal argumentation and what is their relationship to legal normativity? This collection of 11 essays takes a diachronic approach to address these questions from the perspective of contemporary legal discourse.
In Search of China's Development Model by S. Philip Hsu,Yu-Shan Wu,Suisheng Zhao Pdf
This book examines the development model that has driven China's economic success and looks at how it differs from the Washington Consensus. China’s Development Model (CDM) is examined with a view to answering a central question: given China’s peculiar matrix of a socialist party-state juxtaposed with economic internationalization and marketization, what are the underlying dynamics and the distinctive features of the economic and political/legal/social dimensions of the CDM, and how do we properly characterize their interrelations? The chapters further analyse to what extent and under what circumstances is China's development model sustainable, and to what degree is it readily applicable to other developing countries. Based on their findings in this volume, the authors conclude that the defining feature of the CDM’s economic dimension is "Janus-faced state-led growth," and the political/legal/social dimension of the CDM is best characterized as "adaptive post-totalitarianism." The contributors illustrate that the CDM’s parameters are shown to be much less sustainable than the CDM’s outcome in developmental performance and the extent to which the CDM can be applied to other late-developers is subject to more qualifications than its sustainability.
Author : Gary B. Born Publisher : Kluwer Law International B.V. Page : 5391 pages File Size : 55,5 Mb Release : 2014-10-01 Category : Law ISBN : 9789041154156
International Commercial Arbitration by Gary B. Born Pdf
The second edition of Gary Born's International Commercial Arbitration is an authoritative 4,408 page treatise, in three volumes, providing the most comprehensive commentary and analysis, on all aspects of the international commercial arbitration process, that is available. The first edition of International Commercial Arbitration is widely acknowledged as the preeminent commentary in the field. It was awarded the 2011 Certificate of Merit by the American Society of International Law and was voted the International Dispute Resolution Book of the Year by the Oil, Gas, Mining and Infrastructure Dispute Management list serve in 2010. The first edition has been extensively cited in national court decisions and arbitral awards around the world. The treatise comprehensively examines the law and practice of contemporary international commercial arbitration, thoroughly explicating all relevant international conventions, national arbitration statutes and institutional arbitration rules. It focuses on both international instruments (particularly the New York Convention) and national law provisions in all leading jurisdictions (including the UNCITRAL Model Law on International Commercial Arbitration). Practitioners, academics, clients, institutions and other users of international commercial arbitration will find clear and authoritative guidance in this work. The second edition of International Commercial Arbitration has been extensively revised, expanded and updated, to include all material legislative, judicial and arbitral authorities in the field of international arbitration prior to January 2014. It also includes expanded treatment of annulment, recognition of awards, counsel ethics, arbitrator independence and impartiality and applicable law. Overview of volumes: Volume I, covering International Arbitration Agreements,provides a comprehensive discussion of international commercial arbitration agreements. It includes chapters dealing with the legal framework for enforcing international arbitration agreements; the separability presumption; choice of law; formation and validity; nonarbitrability; competence-competence and the allocation of jurisdictional competence; the effects of arbitration agreements; interpretation and non-signatory issues. Volume II, covering International Arbitration Procedures, provides a detailed discussion of international arbitral procedures. It includes chapters dealing with the legal framework for international arbitral proceedings; the selection, challenge and replacement of arbitrators; the rights and duties of international arbitrators; selection of the arbitral seat; arbitration procedures; disclosure and discovery; provisional measures; consolidation, joinder and intervention; choice of substantive law; confidentiality; and legal representation and standards of professional conduct. Volume III, dealing with International Arbitral Awards, provides a detailed discussion of the issues arising from international arbitration awards. It includes chapters covering the form and contents of awards; the correction, interpretation and supplementation of awards; the annulment and confirmation of awards; the recognition and enforcement of arbitral awards; and issues of preclusion, lis pendens and staredecisis.
Deference is perhaps the most important concept and practice in law. It lies at the core of every system of precedent, appellate review, federalism, and separation of powers, all of which center on how one actor should deal with previous decisions. Oddly enough, deference is also one of the most under-analyzed and under-theorized legal concepts and practices, perhaps because its applications are so varied. This book's goal is to provide a definition of deference and a vocabulary for discussing it that can be used to describe, explain, and/or criticize deference in all of its manifestations, including some manifestations that are not always identified by legal actors as instances of deference. This project does not seek to prescribe whether and how any legal system should apply deference in any specific circumstance or to critique any particular deference doctrines. Rather, it aims to bring the concept of deference to the forefront of legal discussion; to identify, catalogue, and analyze at least the chief among its many applications; to set forth the many and varied rationales that can be and have been offered in support of deference in different legal contexts; and thereby to provide a vocabulary and conceptual framework that can be employed in future projects, whether those projects are descriptive or prescriptive.
In the Matter of Nat Turner by Christopher Tomlins Pdf
A bold new interpretation of Nat Turner and the slave rebellion that stunned the American South In 1831 Virginia, Nat Turner led a band of Southampton County slaves in a rebellion that killed fifty-five whites, mostly women and children. After more than two months in hiding, Turner was captured, and quickly convicted and executed. In the Matter of Nat Turner penetrates the historical caricature of Turner as befuddled mystic and self-styled Baptist preacher to recover the haunting persona of this legendary American slave rebel, telling of his self-discovery and the dawning of his Christian faith, of an impossible task given to him by God, and of redemptive violence and profane retribution. Much about Turner remains unknown. His extraordinary account of his life and rebellion, given in chains as he awaited trial in jail, was written down by an opportunistic white attorney and sold as a pamphlet to cash in on Turner’s notoriety. But the enigmatic rebel leader had an immediate and broad impact on the American South, and his rebellion remains one of the most momentous episodes in American history. Christopher Tomlins provides a luminous account of Turner's intellectual development, religious cosmology, and motivations, and offers an original and incisive analysis of the Turner Rebellion itself and its impact on Virginia politics. Tomlins also undertakes a deeply critical examination of William Styron’s 1967 novel, The Confessions of Nat Turner, which restored Turner to the American consciousness in the era of civil rights, black power, and urban riots. A speculative history that recovers Turner from the few shards of evidence we have about his life, In the Matter of Nat Turner is also a unique speculation about the meaning and uses of history itself.
