Exceptions to the Rule

Exceptions to the Rule

Author: Molly E. Reynolds

Publisher: Brookings Institution Press

Published: 2017-07-18

Total Pages: 290

ISBN-13: 0815729979

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Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.


Model Rules of Professional Conduct

Model Rules of Professional Conduct

Author: American Bar Association. House of Delegates

Publisher: American Bar Association

Published: 2007

Total Pages: 216

ISBN-13: 9781590318737

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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.


Exception to the Rule: The Surprising Science of Character-Based Culture, Engagement, and Performance

Exception to the Rule: The Surprising Science of Character-Based Culture, Engagement, and Performance

Author: Peter J. Rea

Publisher: McGraw Hill Professional

Published: 2017-09-15

Total Pages: 305

ISBN-13: 1260026841

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The antidote to navigating turbulent times isn’t more rules. It is timeless virtue that creates sustainable value. Thoughtful leaders are keenly aware of the enormous challenge they face to drive high performance in a world that continues to ratchet up pressure and uncertainty. Some leaders respond by getting tough and establishing strict rules. They get people in line, but they don’t inspire excellence. Wise leaders, on the other hand, help their people practice character to navigate their way through the turbulence—without lowering performance expectations. As a result, their people are more reliable under pressure. Exception to the Rule links ancient wisdom with contemporary science on high performance, teamwork, and engagement. Building an organizational culture based on classical virtues―of trust, compassion, courage, justice, wisdom, temperance and hope―is both strategically smart and a better way to live. Exception to the Rule walks you through the steps of helping everyone in your organization focus on character defined by virtue. The word virtue means excellence, which is why each one is essential to help people perform at a high level despite uncertainty and pressure. Under character-based leadership, teams work better together, creativity flourishes and engagement increases. The most powerful idea of Exception to the Rule is this: character defined by virtue is not based on birthright; it can be learned and practiced. Everyone can develop habits to become better than they were. While character cannot be legislated, character can be cultivated. As virtue proves its value, the culture you have can evolve into the culture you need.


The Exception to the Rule

The Exception to the Rule

Author: Beth Rinyu

Publisher:

Published: 2012-12-01

Total Pages: 304

ISBN-13: 9780615739229

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When Katrina "Kat" Vallia, an idealistic if somewhat naive 20-something American pediatrician travels halfway across the globe to volunteer in a poor African village, she looks at it as a means of closure. Following a bitter breakup with her unfaithful boyfriend, she decides to throw herself into her work without any distractions from a man. That's until she encounters Dr. Julian Kiron, a handsome, career driven pediatric oncologist. Even though she tries to fight it, Kat finds herself falling deeply for him; until she painfully realizes that they both want totally different things from life. Not willing to compromise for the other, they sadly say goodbye, cutting all ties. Five years later, Kat's happy world is turned upside down when she is given devastating news. She must now confront her past and the secret she's harbored for years. But will saving the one she loves most also rekindle the love she let slip away?


Exception to the Rule

Exception to the Rule

Author: Cindy Rizzo

Publisher: Createspace Independent Publishing Platform

Published: 2013-12-03

Total Pages: 0

ISBN-13: 9781494225551

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What will keep you safe-and sane-when you find yourself in a new and unfamiliar place convinced you'll never find anyone like you? For Robin and Tracy, it's the rules they set for themselves as they begin their first semester at Adams University near Boston. Robin is determined to hide in her room writing until she can get back to her homeless gay friends in New York City, whose easy exchange of sex and friendship inspires her creativity. She's sworn off perfect princesses like Tracy Patterson, no matter how attractive she finds the mysterious Southerner on her hall with the long blonde hair and tight jeans. And Tracy has no interest in cynical, smart-mouthed Northerners like Robin. She has her own set of rules-fine-tuned back home in North Carolina where she had a fake boyfriend and an uncomplicated string of older female lovers, including her mother's best friend. Here at college, she already has her first conquest planned, and it's certainly not Robin Greene. This is a love story about two young women who can only find their true selves by finding one another. But are Robin and Tracy willing to give up all they think they know in order to find happiness? Sometimes in life, the person who will matter most is the one who's an exception to the rule.


State of Exception

State of Exception

Author: Giorgio Agamben

Publisher: University of Chicago Press

Published: 2008-07-18

Total Pages: 108

ISBN-13: 0226009262

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Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.


The Parody Exception in Copyright Law

The Parody Exception in Copyright Law

Author: Sabine Jacques

Publisher: Oxford University Press

Published: 2019-03-07

Total Pages: 310

ISBN-13: 0192529986

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Parodies have been created throughout times and cultures. A glimpse at the general judicial latitude generally afforded to parodies, satires, caricatures, and pastiches demonstrates the social and cultural value of this particular form of artistic expression. With the advent of technologies and the evolution of copyright legislation, creative endeavours in the form of parody gathered a new youth but became unlawful. While copyright law grants exclusive rights to right-holders, this right is not absolute. Legislation includes specific exceptions, which preclude right-holders from exercising their prerogatives in particular cases which foster creativity and cultural diversity within that society. The parody exception pertains to this ultimate objective by permitting users to reproduce copyright-protected materials for the purpose of parody. To understand the meaning and scope of the parody exception, this book examines and compares five jurisdictions which differ in their protection of parodies: France, Australia, Canada, the US and the United Kingdom. This book is concerned with finding an appropriate balance between the protection awarded to right-holders and the public interest. This is achieved by analysing the parody exception to the economic rights of right-holders, the preservation of moral rights and the interaction of the parody exception with contract law. As parodies constitute an artistic expression protected under the right to freedom of expression, this book also considers the influence of freedom of expression on the interpretation of this specific copyright exception. Furthermore, this book aims at providing guidance on how to resolve conflicts where fundamental rights are in conflict. This is the first book in English to offer an in-depth investigation into the parody exception in copyright law, and comments on industry practices linked to this form of creative endeavours.


States of Exception in American History

States of Exception in American History

Author: Gary Gerstle

Publisher: University of Chicago Press

Published: 2020-10-19

Total Pages: 375

ISBN-13: 022671232X

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States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.