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Author: John T. Noonan Jr. Publisher: Univ of California Press ISBN: 052093766X Category : History Languages : en Pages : 215
Book Description
Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission—has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.
Author: John T. Noonan Jr. Publisher: Univ of California Press ISBN: 052093766X Category : History Languages : en Pages : 215
Book Description
Narrowing the Nation's Power is the tale of how a cohesive majority of the Supreme Court has, in the last six years, cut back the power of Congress and enhanced the autonomy of the fifty states. The immunity from suit of the sovereign, Blackstone taught, is necessary to preserve the people's idea that the sovereign is "a superior being." Promoting the common law doctrine of sovereign immunity to constitutional status, the current Supreme Court has used it to shield the states from damages for age discrimination, disability discrimination, and the violation of patents, trademarks, copyrights, and fair labor standards. Not just the states themselves, but every state-sponsored entity--a state insurance scheme, a state university's research lab, the Idaho Potato Commission—has been insulated from paying damages in tort or contract. Sovereign immunity, as Noonan puts it, has metastasized. "It only hurts when you think about it," Noonan's Yalewoman remarks. Crippled by the states' immunity, Congress has been further brought to heel by the Supreme Court's recent invention of two rules. The first rule: Congress must establish a documentary record that a national evil exists before Congress can legislate to protect life, liberty, or property under the Fourteenth Amendment. The second rule: The response of Congress to the evil must then be both "congruent" and "proportionate." The Supreme Court determines whether these standards are met, thereby making itself the master monitor of national legislation. Even legislation under the Commerce Clause has been found wanting, illustrated here by the story of Christy Brzonkala's attempt to redress multiple rapes at a state university by invoking the Violence Against Women Act. The nation's power has been remarkably narrowed. Noonan is a passionate believer in the place of persons in the law. Rules, he claims, are a necessary framework, but they must not obscure law's task of giving justice to persons. His critique of Supreme Court doctrine is driven by this conviction.
Author: John T. Noonan Publisher: Univ of California Press ISBN: 0520240685 Category : History Languages : en Pages : 214
Book Description
The law professor exposes the Supreme Court's systematic unraveling of Federal power since the Reagan administration, revealing its role in transfering power to the states. (Politics & Government)
Author: John T. Noonan Publisher: Univ of California Press ISBN: 0520235746 Category : Law Languages : en Pages : 214
Book Description
The law professor exposes the Supreme Court's systematic unraveling of Federal power since the Reagan administration, revealing its role in transfering power to the states. (Politics & Government)
Author: Andrew Gyory Publisher: Univ of North Carolina Press ISBN: 080786675X Category : History Languages : en Pages : 371
Book Description
The Chinese Exclusion Act of 1882, which barred practically all Chinese from American shores for ten years, was the first federal law that banned a group of immigrants solely on the basis of race or nationality. By changing America's traditional policy of open immigration, this landmark legislation set a precedent for future restrictions against Asian immigrants in the early 1900s and against Europeans in the 1920s. Tracing the origins of the Chinese Exclusion Act, Andrew Gyory presents a bold new interpretation of American politics during Reconstruction and the Gilded Age. Rather than directly confront such divisive problems as class conflict, economic depression, and rising unemployment, he contends, politicians sought a safe, nonideological solution to the nation's industrial crisis--and latched onto Chinese exclusion. Ignoring workers' demands for an end simply to imported contract labor, they claimed instead that working people would be better off if there were no Chinese immigrants. By playing the race card, Gyory argues, national politicians--not California, not organized labor, and not a general racist atmosphere--provided the motive force behind the era's most racist legislation.
Author: Robert Bryce Publisher: PublicAffairs ISBN: 1610397509 Category : Business & Economics Languages : en Pages : 337
Book Description
An acclaimed author and celebrated journalist breaks down the history of electricity and the impact of global energy use on the world and the environment. Global demand for power is doubling every two decades, but electricity remains one of the most difficult forms of energy to supply and do so reliably. Today, some three billion people live in places where per-capita electricity use is less than what's used by an average American refrigerator. How we close the colossal gap between the electricity rich and the electricity poor will determine our success in addressing issues like women's rights, inequality, and climate change. In A Question of Power, veteran journalist Robert Bryce tells the human story of electricity, the world's most important form of energy. Through onsite reporting from India, Iceland, Lebanon, Puerto Rico, New York, and Colorado, he shows how our cities, our money--our very lives--depend on reliable flows of electricity. He highlights the factors needed for successful electrification and explains why so many people are still stuck in the dark. With vivid writing and incisive analysis, he powerfully debunks the notion that our energy needs can be met solely with renewables and demonstrates why--if we are serious about addressing climate change--nuclear energy must play a much bigger role. Electricity has fueled a new epoch in the history of civilization. A Question of Power explains how that happened and what it means for our future.
Author: Daron Acemoglu Publisher: Currency ISBN: 0307719227 Category : Business & Economics Languages : en Pages : 546
Book Description
Brilliant and engagingly written, Why Nations Fail answers the question that has stumped the experts for centuries: Why are some nations rich and others poor, divided by wealth and poverty, health and sickness, food and famine? Is it culture, the weather, geography? Perhaps ignorance of what the right policies are? Simply, no. None of these factors is either definitive or destiny. Otherwise, how to explain why Botswana has become one of the fastest growing countries in the world, while other African nations, such as Zimbabwe, the Congo, and Sierra Leone, are mired in poverty and violence? Daron Acemoglu and James Robinson conclusively show that it is man-made political and economic institutions that underlie economic success (or lack of it). Korea, to take just one of their fascinating examples, is a remarkably homogeneous nation, yet the people of North Korea are among the poorest on earth while their brothers and sisters in South Korea are among the richest. The south forged a society that created incentives, rewarded innovation, and allowed everyone to participate in economic opportunities. The economic success thus spurred was sustained because the government became accountable and responsive to citizens and the great mass of people. Sadly, the people of the north have endured decades of famine, political repression, and very different economic institutions—with no end in sight. The differences between the Koreas is due to the politics that created these completely different institutional trajectories. Based on fifteen years of original research Acemoglu and Robinson marshall extraordinary historical evidence from the Roman Empire, the Mayan city-states, medieval Venice, the Soviet Union, Latin America, England, Europe, the United States, and Africa to build a new theory of political economy with great relevance for the big questions of today, including: - China has built an authoritarian growth machine. Will it continue to grow at such high speed and overwhelm the West? - Are America’s best days behind it? Are we moving from a virtuous circle in which efforts by elites to aggrandize power are resisted to a vicious one that enriches and empowers a small minority? - What is the most effective way to help move billions of people from the rut of poverty to prosperity? More philanthropy from the wealthy nations of the West? Or learning the hard-won lessons of Acemoglu and Robinson’s breakthrough ideas on the interplay between inclusive political and economic institutions? Why Nations Fail will change the way you look at—and understand—the world.
Author: United States. Congress. Senate. Committee on the Judiciary Publisher: ISBN: Category : Electronic government information Languages : en Pages : 744
Author: American Bar Association. House of Delegates Publisher: American Bar Association ISBN: 9781590318737 Category : Law Languages : en Pages : 216
Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: John T. Noonan Jr.
Author: John T. Noonan Jr.
Author: John T. Noonan
Author: United States. Congress. Senate. Committee on the Judiciary
Author: United States. Congress. Senate. Committee on the Judiciary
Author: John T. Noonan
Author: Andrew Gyory
Author: Robert Bryce
Author: Daron Acemoglu
Author: United States. Congress. Senate. Committee on the Judiciary
Author: American Bar Association. House of Delegates