Bringing the Law Back In
Bringing the Law Back In

Author: Patrick McAuslan

Publisher: Routledge

Published: 2019-07-23

Total Pages: 324

ISBN-13: 135175341X

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This title was first published in 2003. Bringing together the two fields of land reform and law, this volume examines the role the law and lawyers can, should, and do play in developing countries in the evolution of land policies, in land tenure reform, and in the reform of land use and urban planning. Providing both a theoretical and practical perspective it discusses the role of law in both urban land reform, concentrating on reforms in land use and town and country planning law and general national land reform, looking at specific case studies and at more general themes. It provides a coherent set of ideas and philosophies about land reform through the medium of law, which have been developed through reflection and action over a considerable period of time.

Taking Back the Constitution
Taking Back the Constitution

Author: Mark Tushnet

Publisher: Yale University Press

Published: 2020-07-14

Total Pages: 320

ISBN-13: 0300252900

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How the Supreme Court’s move to the right has distorted both logic and the Constitution What Supreme Court justices do is far more than just “calling balls and strikes.” The Court has never simply evaluated laws and arguments in light of permanent and immutable constitutional meanings. Social, moral, and yes, political ideas have always played into the justices’ impressions of how they think a case should be decided. Mark Tushnet traces the ways constitutional thought has evolved, from the liberalism of the New Deal and the Great Society to the Reagan conservatism that has been dominant since the 1980s. Looking at the current crossroads in the constitutional order, Tushnet explores the possibilities of either a Trumpian entrenchment of the most extreme ideas of the Reagan philosophy, or a dramatic and destabilizing move to the left. Wary of either outcome, he offers a passionate and informed argument for replacing judicial supremacy with popular constitutionalism—a move that would restore to the other branches of government a role in deciding constitutional questions.

Bringing Human Rights Back
Bringing Human Rights Back

Author: Corinne Tagliarina

Publisher: Rowman & Littlefield

Published: 2020-10-15

Total Pages: 143

ISBN-13: 1498572251

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Bringing Human Rights Back: Embracing Human Rights as a Mechanism for Addressing Gaps in United States Law examines well-documented policy failures in the United States and makes an argument for how a human rights approach to these issues can lead to meaningful change. Specifically, the authors articulate a human rights approach to online harassment of women, child poverty, and access to safe drinking water. These issue areas all involve human rights concerns and gross shortcomings within current law, policy, and practice in the United States. The authors analyze recent events, such as Gamergate, contention over social programs such as TANF and CHIP, and the water crises in Flint and Detroit to demonstrate the ways in which current laws do not fully respect, protect, and fulfill human rights. A human rights approach decenters assigning blame or liability, and instead emphasizes human dignity, redress, and remedy for the rights violations. Daniel Tagliarina and Corinne Tagliarina not only highlight the need for change in these areas, but outline a practical way forward rooted in human rights scholarship and practice.

Justice for Some
Justice for Some

Author: Noura Erakat

Publisher: Stanford University Press

Published: 2019-04-23

Total Pages: 405

ISBN-13: 1503608832

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“A brilliant and bracing analysis of the Palestine question and settler colonialism . . . a vital lens into movement lawyering on the international plane.” —Vasuki Nesiah, New York University, founding member of Third World Approaches to International Law (TWAIL) Justice in the Question of Palestine is often framed as a question of law. Yet none of the Israel-Palestinian conflict’s most vexing challenges have been resolved by judicial intervention. Occupation law has failed to stem Israel’s settlement enterprise. Laws of war have permitted killing and destruction during Israel’s military offensives in the Gaza Strip. The Oslo Accord’s two-state solution is now dead letter. Justice for Some offers a new approach to understanding the Palestinian struggle for freedom, told through the power and control of international law. Focusing on key junctures—from the Balfour Declaration in 1917 to present-day wars in Gaza—Noura Erakat shows how the strategic deployment of law has shaped current conditions. Over the past century, the law has done more to advance Israel’s interests than the Palestinians’. But, Erakat argues, this outcome was never inevitable. Law is politics, and its meaning and application depend on the political intervention of states and people alike. Within the law, change is possible. International law can serve the cause of freedom when it is mobilized in support of a political movement. Presenting the promise and risk of international law, Justice for Some calls for renewed action and attention to the Question of Palestine. “Careful and captivating . . . This book asks that the Palestinian liberation struggle and Jewish-Israeli society each reckon with the impossibility of a two-state future, reimagining what their interests are—and what they could become.” —Amanda McCaffrey, Jewish Currents

Everyday Law on the Street
Everyday Law on the Street

Author: Mariana Valverde

Publisher: University of Chicago Press

Published: 2012-10-22

Total Pages: 263

ISBN-13: 0226921913

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Toronto prides itself on being “the world’s most diverse city,” and its officials seek to support this diversity through programs and policies designed to promote social inclusion. Yet this progressive vision of law often falls short in practice, limited by problems inherent in the political culture itself. In Everyday Law on the Street, Mariana Valverde brings to light the often unexpected ways that the development and implementation of policies shape everyday urban life. Drawing on four years spent participating in council hearings and civic association meetings and shadowing housing inspectors and law enforcement officials as they went about their day-to-day work, Valverde reveals a telling transformation between law on the books and law on the streets. She finds, for example, that some of the democratic governing mechanisms generally applauded—public meetings, for instance—actually create disadvantages for marginalized groups, whose members are less likely to attend or articulate their concerns. As a result, both officials and citizens fail to see problems outside the point of view of their own needs and neighborhood. Taking issue with Jane Jacobs and many others, Valverde ultimately argues that Toronto and other diverse cities must reevaluate their allegiance to strictly local solutions. If urban diversity is to be truly inclusive—of tenants as well as homeowners, and recent immigrants as well as longtime residents—cities must move beyond micro-local planning and embrace a more expansive, citywide approach to planning and regulation.

Bringing Adam Smith into the American Home
Bringing Adam Smith into the American Home

Author: Jack Ryan

Publisher: Simon and Schuster

Published: 2024-04-16

Total Pages: 130

ISBN-13:

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Get ready to have everything you’ve ever believed about housing and homeownership challenged. In Bringing Adam Smith into the American Home, authors Jack Ryan and John Tamny make a powerful case that the purchase of a home slows wealth attainment—rendering owners immobile in ways that further restrain their wealth chances—and that the act of homeownership deprives owners of the time and ability to do what they do best, which further dampens individual economic achievement. Thanks to the residential real estate pricing cartel, homeownership has become so costly that it has erected wildly expensive barriers to the very mobility that powers so much individual prosperity. As the cartel prospers, homebuyers and sellers alike suffer its rigidity. Ryan and Tamny call for the evisceration of realtor commissions—the only price in all of capitalism that has not come down even a little over the decades despite capitalism’s brilliant track record of bringing down the price of everything. Ryan, owner of a national residential realty business, recognizes that the very commissions realtors cling to are paradoxically harming them, all the while discreetly but powerfully shrinking prosperity for everyone else. In a book chock-full of insights from Adam Smith, author of the greatest economics book ever written, Ryan and Tamny make their highly original argument available for all as they reveal the truth about the housing market and homeownership.

Making Policy, Making Change
Making Policy, Making Change

Author: Makani N. Themba

Publisher:

Published: 1999

Total Pages: 196

ISBN-13:

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Time to share the burden:toward Institution-Focused Intervention; An agenda of substance:grassroots efforts to reduce alcohol and tobaco problems; Making more pie: local initiatives that increase resources and institutional accountability; Plotting a course: lessons from the front lines; taking policy:media and the message; Looking ahead: reflections and recommendations.

Taking Law Seriously
Taking Law Seriously

Author: James Goudkamp

Publisher: Bloomsbury Publishing

Published: 2022-01-27

Total Pages: 392

ISBN-13: 150994074X

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This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.

Judicial Politics in the United States
Judicial Politics in the United States

Author: Mark C. Miller

Publisher: Routledge

Published: 2018-09-03

Total Pages: 272

ISBN-13: 0429973233

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Judicial Politics in the United States examines the role of courts as policymaking institutions and their interactions with the other branches of government and other political actors in the U.S. political system. Not only does this book cover the nuts and bolts of the functions, structures and processes of our courts and legal system, it goes beyond other judicial process books by exploring how the courts interact with executives, legislatures, and state and federal bureaucracies. It also includes a chapter devoted to the courts' interactions with interest groups, the media, and general public opinion and a chapter that looks at how American courts and judges interact with other judiciaries around the world. Judicial Politics in the United States balances coverage of judicial processes with discussions of the courts' interactions with our larger political universe, making it an essential text for students of judicial politics.

The Chicago Trunk Murder
The Chicago Trunk Murder

Author: Elizabeth Dale

Publisher: Northern Illinois University Press

Published: 2011-09-01

Total Pages: 169

ISBN-13: 1501757660

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On November 14, 1885, a cold autumn day in the City of Broad Shoulders, an enthusiastic crowd of several hundred watched as three Sicilians Giovanni Azari, Agostino Gelardi, and Ignazio Silvestri were hanged in the courtyard of the Cook County Jail. The three had only recently come to the city, but not long after they were arrested, tried, and convicted for murdering Filippo Caruso, stuffing his body into a trunk, and shipping it to Pittsburgh. Historian and legal expert Elizabeth Dale brings the Trunk Murder case vividly back to life, painting an indelible portrait of nineteenth-century Chicago, ethnic life there, and a murder trial gone seriously awry. Along the way she reveals a Windy City teeming with street peddlers, crooked cops, earnest reformers, and legal activists--all of whom play a part in this gripping tale. Chicago's Trunk Murder shows how the defendants in the case were arrested on du bious evidence and held, some for weeks, without access to lawyers or friends. The accused finally confessed after being interrogated repeatedly by men who did not speak their lan guage. They were then tried before a judge who had his own view and ruled accordingly. Chicago's Trunk Murder revisits these abject breaches of justice and uses them to consider much larger problems in late nineteenth century criminal law. Written with a storyteller's flair for narrative and brim ming with historical detail, this book will be must reading for true crime buffs and aficionados of Chicago lore alike.