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Bargaining With Uncertainty: Decision-Making in Public Health, Technologial Safety, and Environmental Quality
Merrie G. Klapp
Manufacturer: Auburn House
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ASIN: 0865690464 |
Book Description
In this intriguing volume, Merrie G. Klapp explains how regulatory decisions in such crucial areas as public health, technological safety, and environmental quality are molded and recast. She finds that "scientific uncertainty" is a key factor, with agencies, interest groups, Congress, and the courts attempting to shift responsibility of proof or varying the standard of proof according to the pressures brought to bear on the issue. In general, Professor Klapp finds that when citizens or industrialists organize to protest a regulatory decision and when the legislature or the courts take scientific uncertainty into account, then the initial regulatory decision is changed. By contrast with the United States, where scientific uncertainty is used as a public resource and rationale for change, in France and Britain scientific uncertainty is treated as a private resource. French and British scientists do not treat regulatory decisions as opportunities to reveal scientific uncertainty to the public--instead, discussions of uncertainties are held behind "closed doors" and, when reports are made to the public about regulatory decisions, scientific information is presented as if it were certain. Bargaining with Uncertainty will be a provocative analysis to those scholars and researchers concerned with the making of public policy as well as those concerned with risk assessment in public health, the environment, and technology.
Book Description
In Crafting Law on the Supreme Court, Maltzman, Spriggs, and Wahlbeck use material gleaned from internal memos circulated among justices on the U.S. Supreme Court to systematically account for the building of majority opinions. The authors argue that at the heart of this process are justices whose decisions are constrained by the choices made by the other justices. The portrait of the Supreme Court that emerges stands in sharp contrast to the conventional portrait where justices act solely on the basis of the law or their personal policy preferences. This book provides a fascinating glimpse of how the Court crafts the law.
Amazon.com
Imagine, for a preposterous moment, that 55 national leaders convened to write a document to guide the country for hundreds of years. It seems unlikely--given that our current contingent of so-called leaders can't agree on how to balance a checkbook--that they could reach consensus on such issues as the allotment of congressional seats. The political and ideological issues that faced the creators of the Constitution were similar in some ways to those at play today. And in some ways they were vastly different ones. Jack Rakove, a history professor at Stanford University, has in this book framed the process that led to the drafting of the constitution in its historical and political context to offer insight into the difficulty of interpreting that most influential of documents.
Book Description
From abortion to same-sex marriage, today's most urgent political debates will hinge on this two-part question: What did the United States Constitution originally mean and who now understands its meaning best? Rakove chronicles the Constitution from inception to ratification and, in doing so, traces its complex weave of ideology and interest, showing how this document has meant different things at different times to different groups of Americans.
Customer Reviews:
An excellent explication of the political thought behind the U.S. Constitution.......2007-09-13
I just finished reading this book for a class in U.S. Constitutional History and my Professor has aptly noted that this book really attempts to do two things: first, it makes this point about Originalism, demonstrating that any attempt to divine original meaning, intention, or understanding is perilous because of the diverse thought, political motivations, and interests present in the drafting and ratification of the Constitution. Second, it attempts to show the difficulties of Constitution-making, and how the framers attempted to reconcile a revolutionary republican ideology with the practical problems of governance.
While the conclusion of the first objective has been criticized and debated by various reviewers (and appropriately so), I believe that this book is extremely valuable in its accomplishment of this second purpose. With dense yet incredibly readable prose, Rakove demonstrates that the Constitution was an attempt to combine republican principles with the practical experiences of the States during the Revolution and under the Articles of Confederation.
Using a few topical discussions such as a discussion of views on Representation, the Presidency, and Rights, Rakove illuminates the thinking embraced by the Framers (such as that of Locke, Montesquieu, and others) and compares and relates such principles with the real experience and concerns of the Framers (such as Madison's view that the States were becoming destructive of property rights under the Confederation). Such descriptions go a long way in describing how and why the Framers crafted the systems of government found in the Constitution and why these systems drew some criticism from both inside and outside the Convention.
While this book is (as others have pointed out) aimed more towards scholars than the layman, I highly recommend this book to any serious student of the Constitution. Prior knowledge of the events of the Revolutionary period is a must, and having read Bailyn's "Ideological Origins of the American Revolution" or Wood's "Creation of the American Republic" will be helpful.
While the Originalism issue comes up here, this book will illuminate your understanding of the Framing of the Constitution generally, and it allows the reader to make up his/her own mind about the author's thesis (or really perhaps better here called an admonition) about the Constitution's original meaning.
Misreading the Intent of the Founders.......2007-07-23
Our Constitution has been misconceived by the so called "progressive" Left for over half a century - at least since the days of the New Deal. It is not a list of suggestions passed on by the founders to be modified in each succeeding generation according to the prevailing mood of that generation.
The Constitution is a compact between the people and their government establishing the basic framework by which a free people are to be governed, and the the limits of the power to be wielded over them by that government. As such, it was meant to be a permanent framework for the government of the American people - not to be altered at the whim of Congress or the Courts.
The founders provided a method for amending the original compact. They did not leave it to Congress alone, nor did they conceive that the Courts would usurp the authority to rewrite the Constitution by judicial fiat.
They deliberately made the amendment process cumbersome and difficult in order to insure that any future modification of our fundamental compact of government could be achieved only with an overwhelming consensus of the electorate and of the states. This was done in order to preserve the institutions of a self-governing Republic, and to protect the rights of the people against the momentary and transient whims of public opinion, or the machinations of any faction which might achieve a temporary moment of dominance over the government.
A Book for the thinking person.......2007-06-09
A previous reviewer said it best already: this book is not for the average reader. If the person picking up this volume has a basic understanding of 18th century American thought, an open mind--critical not gullible, an understanding that America was not a unified nation until the Civil War, this very informative, thought provoking book will prove a treasure. You may not agree with the author in everything, but make sure you know enough to know why you disagree.
A wealth of information, presented badly, bound by a poisonous idea.......2006-10-19
Jack Rakove certainly knows a lot of history about the founding fathers. Perhaps he knows too much. For the wealth of information in his brain has left him confused. It has left him confused about the meaning of the constitution. And it has led him to believe, since the meaning of the constitution is so hard to divine, that it actually has no meaning, and therefore we must be at the mercy of judges to mete out justice.
This is poppycock. No, worse, it is dangerous.
I am not claiming that explication of original intent is easy. But just because something is hard is not sufficient reason to abandon the project. We owe it to ourselves to be governed by laws as they were understood at the time they were written. If those laws are insufficient for today's needs, then they need to be amended by legislative processes, not tailored by a particular judge's sense of justice.
I wonder if Jack Rakove is actually persuaded by his own ideas, or whether a better description would be simply that he is complicit in the theft of our constitution by today's legal theorists. I think that if you could really burrow into the depths of a persons soul, you'd find the answer is the latter. Because I think Jack Rakove is actually a smart guy.
Excellent book but not for everyone.......2006-05-16
This is an excellent book if you really want to understand the Constitution in extreme detail. I did and I enjoyed the book although the writing style is very wordy and long winded at times. This is not a good book for the general public but it was never intended as such.
Customer Reviews:
The Makeing of America: The Substance and Meaning of the Constitution.......2007-09-10
The Making of America is a must read for every American. This book gives an detailed account of what the Founding Fathers' intended our form of government to be, a Republic, not a Democracy. If you want to be a patriot that is not blown about by every wind of political sophistry, read this book! Did you realize that the Founding Fathers' had a different political spectrum that we use today? Read this book to find out more.
Mandatory Reading.......2006-08-14
This book should be the required text for all high school and college government classes. It is easy to read and contains information not readily available in most text books on the Constitution.
Comprehensive, Reliable, Essential.......2006-03-31
I love this book. It taught me about the Constitution and its simple, exalted ideas. If you read this book you will understand America's "charter of freedom" better than you would from taking a college course in political science. (At least, that's what happened to me.)
I wouldn't say The Making of America is "bipartisan." It fully lauds the Constitution as having a "success formula" for prosperity and freedom that is unique and superior to any other political system in the world. If you want a book that regards America's Constitution as neither better nor worse than other government systems, then this is not the book for you.
The Making of America is well organized. Here is a synopsis of the contents: It begins with interesting biographical information on " the man who discovered America's Freedom Formula" - Thomas Jefferson. The next chapter explores various governments - real governments that existed, such as what the Anglo-Saxons, Israelites, and French (during the times of Napoleon) had, contrasting their advantages and weaknesses. All of these were assessed by the Founders (especially Jefferson), so the author is showing what influenced the Founders' thinking about governments. It's amazing. The third chapter describes some of the Revolutionary War battles, and the Colonial leaders, and how the existing government - the Articles of Confederation - was severely deficient and in need of replacement, which chapter 4 explores further. Chapter 5 is all about the Constitutional Convention at Philadelphia, and 7 explains, very simply, the balance of powers in government and all that complex stuff about three branches and division of powers and the Great Compromise and all that.
Chapter 8 is one of my favorite parts; it explains capitalism - not just what it is, but exactly why it works: It allows maximum freedom for people to invent, try, sell, buy, prosper, fail. It gives real examples of what happened when the government intervened in the economy, such as with price controls, and discusses whether big business is bad or good. Chapter 9 recounts the ratification of the Constitution and the reaction of the states and people, and talks about the Federalist Papers. It then examines the Preamble, its wording and principles.
Now we get to the heart of the book. From here until the conclusion, each chapter explores, in depth, every article and section of the Constitution - almost sentence by sentence. The author chose a very interesting way to do this - instead of boringly stating why this or that clause was included, he identifies the principle that the section allows. So after giving a sentence straight from the Constitution, he writes: "This provision gives the American people the RIGHT to ..." and says what it lets us do. Here's an example. On page 500, you read the text from Article I.10.1, "No state shall grant any title of nobility." The author says, "This further secures the RIGHT of the American people not to have [government] creating an aristocracy of privileged citizens." And then interesting history is given, describing how before the Constitution granted this right, King George III and the House of Lords were corrupt and arrogant and elitist because they were given special titles and considered above the common people, and so the American Founders wanted to forbid this practice to protect the people. Every sentence almost, of the Constitution is explained in this way. Throughout The Making of America, plenty of history is provided, in an easy-to-understand way, to help the reader see what life was like before the Constitution; also, the entire book is replete with quotations from the Founding Fathers - this is so that the reader knows exactly what the Founders intended, because much of the Constitution is misinterpreted now. Also, the amendments are studied in the same format as the Constitution, analyzing them in their historical contexts. After you read this book, you'll feel smart because your mind will be buzzing with philosophy, history, and political science. I can't tell you how much I've learned from this book. It has increased my understanding, and therefore, my love, for America's Founders and Constitution.
Also, there is a handy subject index, a copy of the Constitution's text, brief description and pictures of each of the Convention delegates, and a good introduction and conclusion.
My only complaint about this book is that there isn't a new edition; it seems it was written in the mid 80s. Don't worry, though - the information isn't outdated - because it only deals with timeless principles; but still, it would be nice if there were a newer edition; it has a rather plain cover - pale yellow with grey and red letters - and, for some reason, the print is huge, like it's for the visually-impaired or something. But that doesn't really matter; the text itself is fascinating.
You can use this great book as a reference tool - like if you hear some legislation is passing in the House and you want to know if it's really Constitutional or not - or you can read it cover-to-cover, as I did; either way, get this book, if you want to understand the Constitution and America's "freedom formula."
A Must Read.......2005-01-30
This is one of the most important books that I have ever read.
The Making of America contains some history leading up to the Constitution. The most important and unique part of the book is a dissection of the Constitution principle by principle.
The author goes through 286 separate principles in the Constitution.
If you read this book, you will understand the U.S. Constitution better than 99% of the 'constitutional lawyers' claiming to be experts.
This is a book that every elected official and every American voter should read and study.
IF YOU WANT TO UNDERSTAND THE CONSTITUTION --- THIS IS #1 !!.......2002-07-08
The most complete book written on the substance and meaning of the U.S. Constitution. The first couple hundred pages or so focus on the history leading up to to the Constitution (including Biblical history relevant to the Constitution). The rest of the book focuses on the Constitution itself.
Skousen (he was actually aided by a whole team of researchers and scholars to get all the material and documentation for the book) then takes the text of the Constitution and analyzes it phrase by phrase, using actual quotes made by Founding Fathers, which describe the phrase in question or the concept that the phrase deals with. Every single phrase in the Consitiution is covered. Most phrases are covered by several Founding Fathers.
I've had a copy of this book for about 10 years now and I never get bored with it. I consider it to be one of the most important books ever written.
To understand what the Founding Fathers had in mind when they wrote the Constitution, this book is indispensible.
Customer Reviews:
Difficult to read, but worth the effort.......2002-12-29
Bradford approaches the subject of Constitutional interpretation from a perspective that differs from conventional wisdom. James Madison said the constitution should be interpreted in light of the spirit and intent of the state ratifying conventions, and it is in this vein that Bradford offers his analysis. By focusing on the debates in the various states, he shows that today's courts are virtually ignoring the original intentions of the founders, as well as the intent of the authors of the "Reconstruction" amendments. This book is not thick, but it is heavy. Not easy reading, but well worth the effort - keep notes!
Book Description
What influences decisions of the U.S. Supreme Court? For decades social scientists focused on the ideology of individual justices. Supreme Court Decision Making moves beyond this focus by exploring how justices are influenced by the distinctive features of courts as institutions and their place in the political system.
Drawing on interpretive-historical institutionalism as well as rational choice theory, a group of leading scholars consider such factors as the influence of jurisprudence, the unique characteristics of supreme courts, the dynamics of coalition building, and the effects of social movements. The volume's distinguished contributors and broad range make it essential reading for those interested either in the Supreme Court or the nature of institutional politics.
Original essays contributed by Lawrence Baum, Paul Brace, Elizabeth Bussiere, Cornell Clayton, Sue Davis, Charles Epp, Lee Epstein, Howard Gillman, Melinda Gann Hall, Ronald Kahn, Jack Knight, Forrest Maltzman, David O'Brien, Jeffrey Segal, Charles Sheldon, James Spriggs II, and Paul Wahlbeck.
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Making Civil Rights Law: Thurgood Marshall and the Supreme Court, 1956-1961
Mark V. Tushnet
Manufacturer: Oxford University Press, USA
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Similar Items:
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Thurgood Marshall: His Speeches, Writings, Arguments, Opinions, and Reminiscences (Library of Black America)
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Thurgood Marshall: American Revolutionary
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Making Constitutional Law: Thurgood Marshall and the Supreme Court, 1961-1991
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Simple Justice: The History of Brown v. Board of Education and Black America's Struggle for Equality
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The NAACP's Legal Strategy against Segregated Education, 1925-1950, With a New Epilogue by the Author
ASIN: 0195104684 |
Book Description
From the 1930s to the early 1960s civil rights law was made primarily through constitutional litigation. Before Rosa Parks could ignite a Montgomery Bus Boycott, the Supreme Court had to strike down the Alabama law which made segregated bus service required by law; before Martin Luther King could march on Selma to register voters, the Supreme Court had to find unconstitutional the Southern Democratic Party's exclusion of African-Americans; and before the March on Washington and the Civil Rights Act of 1964, the Supreme Court had to strike down the laws allowing for the segregation of public graduate schools, colleges, high schools, and grade schools. Making Civil Rights Law provides a chronological narrative history of the legal struggle, led by Thurgood Marshall and the NAACP Legal Defense Fund, that preceded the political battles for civil rights. Drawing on interviews with Thurgood Marshall and other NAACP lawyers, as well as new information about the private deliberations of the Supreme Court, Tushnet tells the dramatic story of how the NAACP Legal Defense Fund led the Court to use the Constitution as an instrument of liberty and justice for all African-Americans. He also offers new insights into how the justices argued among themselves about the historic changes they were to make in American society. Making Civil Rights Law provides an overall picture of the forces involved in civil rights litigation, bringing clarity to the legal reasoning that animated this "Constitutional revolution", and showing how the slow development of doctrine and precedent reflected the overall legal strategy of Thurgood Marshall and the NAACP.
Customer Reviews:
Very informative but dry.......1999-11-20
This book is a decisive history of Thurgood Marshall's actions and the effects that he had on the civil rights of African-Americans while he worked with the National Association for the Advancement of Colored People (NAACP). His successes, failures, and discussions of his effects make it a very informative book. It is quite obvious that the author spent a great amount of time researching his topic of choice. The book is absolutely full of quotes from people of the time and very detailed factual accounts of events. Unfortunately, the content is not written in an extremely appealing matter. It tends to drone on and on about various cases and actions which have no major significance in history nor in the life of Marshall. If you can read through the dry spots, though, its a great book. You can really get a felling for the social climate of the era as well as the thoughts and feelings of Marshall himself. As a research tool, this was definitely the most valuable book I came across. If I was rating this book based on its information it would be an easy five. Ultimately, it is a good book for pleasure reading but not the best. I would have to say that Juan Williams' Thurgood Marshall: American Revolutionary is the best. If you are interested in Marshall's career, though, you want to look at Tushnet's other book Making Constitutional Law : Thurgood Marshall and the Supreme Court, 1961-1991.
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- Credible and Realistic Must-Have for Trial Practitioners
- A Gem for your Briefcase
|
Making Your Record: Courtroom Guidebook for Attorneys and Law Students
Leticia Araujo Perez
Manufacturer: National Institute for Trial Advocacy
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ASIN: 1556817479 |
Book Description
Legal training in most law schools does not include courtroom experience and it provides little, if any, guidance on appropriate courtroom demeanor. Making Your Record is a much needed guidebook that demystifies the practical aspects of courtroom formalities so often neglected in law schools. This 4" x 6" book bridges the gap between the classroom and courtroom by easily fitting into your pocket or briefcase and providing quick answers to procedural questions when you need them.
In Making Your Record, Leticia Araujo Perez, a professional courtroom reporter, provides insight into how a courtroom really works and how the attorney's role can make or break a smooth-running courtroom. The book explains how to ensure the "record" works to your advantage by utilizing proper form. Too often, an ill-prepared attorney will not prevail in court or on appeal because he or she has not accurately provided the proceedings. Knowing how to introduce yourself prior to making any statement in court, how to properly lay a foundation before attempting to introduce evidence, how to successfully query witnesses, and how to make requests of the court staff are all covered in detail. Other chapter topics include basic trial preparation and witness preparation.
Making Your Record provides a comprehensive curriculum on courtroom practice that even the most seasoned practitioners will find useful. This book will be of interest to any professional who finds himself or herself in the courtroom on a regular basis, such as court interpreters, expert witnesses, law enforcement, and probation officers. Attorneys would be well advised to provide the book to witnesses as part of trial preparation.
Customer Reviews:
Credible and Realistic Must-Have for Trial Practitioners.......2003-01-23
This book is a must-have for any attorney who wants to be taken seriously in the "real" courtroom. In the case of the law student, your law school professor will not help but be impressed with the information gained from this book as you present your moot court presentation. Whoever chooses to take in the advice provided by this experienced author -- who obviously knows the nuts and bolts of what makes a real courtroom work -- will be thankful for this little book that one can easily put in their briefcase or purse. Making Your Record is a gold mine of wisdom. Judges, jurors, and, most importantly, clients will notice and thank you for your professionalism and your classy presentation in the courtroom. This is a vital book that should be on every lawyer's and/or law student's book list!
A Gem for your Briefcase.......2003-01-13
Making Your Record is one of those brutally honest pocket guidebooks you only wish were pressed into the hands of every graduating law student planning a career in trial law, as well as a few too many attorneys who seem to have forgotten the focal point of courtroom presentation.
From dress code to weeping witnesses to telephone settlements, Ms. Perez takes a no-nonsense, well-organized approach to the nuts and bolts of establishing an effective courtroom record. Attorney beware: Making Your Record will work for you only if you make it a systematic way of life, and the principles therein are all about making the courtroom a delay-free, efficient workplace.
Book Description
This fully revised and extended edition of James Nickel 's classic study explains and defends the conception of human rights found in the Universal Declaration of Human Rights (1948) and subsequent human rights treaties. Combining philosophical, legal, and political approaches, Nickel addresses questions about what human rights are, what their content should be, and whether and how they can be justified.After outlining the contemporary conception of human rights, and developing and applying an original framework for the justification of particular rights, Nickel goes on to defend contemporary lists of human rights, covering fundamental freedoms, due process rights, social rights, and minority rights. The book also considers the issue of cultural relativism and the prospects for worldwide acceptance of human rights.Making Sense of Human Rights is suitable for use as a text in university and law school courses on human rights. The texts of key human rights documents and treaties are included as appendixes.
Book Description
The Vietnam War and the Watergate aftermath made it apparent that the increase in executive power which followed World War II needed to be redressed. Congress tried to balance the separation of powers by passing a number of laws that were designed to assert legislative authority in foreign policy. However, the efforts by Congress to achieve its stated objectives consistently failed. Using the struggle over power and control of American foreign policy, Silverstein details the interaction of the executive, legislative, and judicial branches, and traces the altering of the constitutional touchstone of separation of powers. The book argues that although it is unrealistic to expect members of Congress or the Supreme Court Justices to change their behavior, either toward the executive branch or toward one other, it is in the President's best political interest to encourage a legislative role in foreign policy decisions. Demonstrating the importance of studying both the legal and political process, and the ways in which they influence each other, Silverstein contends that an understanding of American foreign policy requires an awareness of the way in which constitutional interpretation shapes and constrains foreign policy decisions. This volume will be of interest to all students of American foreign policy, constitutional analysis, and American government, as well as to politicians and informed readers with an interest in contemporary politics and constitutional debate.
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