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Cities of Commerce develops a model of institutional change in European commerce based on urban rivalry. Cities continuously competed with…
each other by adapting commercial, legal, and financial institutions to the evolving needs of merchants. Oscar Gelderblom traces the successive rise of Bruges, Antwerp, and Amsterdam to commercial primacy between 1250 and 1650, showing how dominant cities feared being displaced by challengers while lesser cities sought to keep up by cultivating policies favorable to trade. He argues that it was this competitive urban network that promoted open-access institutions in the Low Countries, and emphasizes the central role played by the urban power holders--the magistrates--in fostering these inclusive institutional arrangements. Gelderblom describes how the city fathers resisted the predatory or reckless actions of their territorial rulers, and how their nonrestrictive approach to commercial life succeeded in attracting merchants from all over Europe. Cities of Commerce intervenes in an important debate on the growth of trade in Europe before the Industrial Revolution. Challenging influential theories that attribute this commercial expansion to the political strength of merchants, this book demonstrates how urban rivalry fostered the creation of open-access institutions in international trade.The Sun Over The Mountains: A Story of Hope, Healing and Restoration
Par Suzie Fletcher. 2023
A memoir of hope, healing and restoration, from star of TV's The Repair Shop, Suzie Fletcher.Suzie Fletcher is the warm…
and friendly face on TV's The Repair Shop that viewers look forward to watching every week as the resident leather expert - a craft she has honed over four decades and was born out of her love of horses. But while she tends to be the one repairing and offering a gentle kindness to others, Suzie has also been in a process of change, reflection, and healing.In her first book Suzie looks back over her life - which moves from England to Colorado and back again - and the places, people and experiences that have shaped the person she is today. We'll hear for the first time, how Suzie has overcome some of life's most difficult challenges, from complicated relationships to grief.A self-confessed free spirit with a deep connection to nature, Suzie's exceptional warmth and zest for life shine through on every page, making The Sun Over the Mountains a truly inspiring read that will resonate with anyone who has faced uncertainty but has the courage and power within them to overcome it.The New Constitutional Order
Par Mark Tushnet. 2003
In his 1996 State of the Union Address, President Bill Clinton announced that the "age of big government is over."…
Some Republicans accused him of cynically appropriating their themes, while many Democrats thought he was betraying the principles of the New Deal and the Great Society. Mark Tushnet argues that Clinton was stating an observed fact: the emergence of a new constitutional order in which the aspiration to achieve justice directly through law has been substantially chastened. Tushnet argues that the constitutional arrangements that prevailed in the United States from the 1930s to the 1990s have ended. We are now in a new constitutional order--one characterized by divided government, ideologically organized parties, and subdued constitutional ambition. Contrary to arguments that describe a threatened return to a pre-New Deal constitutional order, however, this book presents evidence that our current regime's animating principle is not the old belief that government cannot solve any problems but rather that government cannot solve any more problems. Tushnet examines the institutional arrangements that support the new constitutional order as well as Supreme Court decisions that reflect it. He also considers recent developments in constitutional scholarship, focusing on the idea of minimalism as appropriate to a regime with chastened ambitions. Tushnet discusses what we know so far about the impact of globalization on domestic constitutional law, particularly in the areas of international human rights and federalism. He concludes with predictions about the type of regulation we can expect from the new order. This is a major new analysis of the constitutional arrangements in the United States. Though it will not be received without controversy, it offers real explanatory and predictive power and provides important insights to both legal theorists and political scientists.Religion and the Constitution, Volume 2: Establishment and Fairness
Par Kent Greenawalt. 2009
Balancing respect for religious conviction and the values of liberal democracy is a daunting challenge for judges and lawmakers, particularly…
when religious groups seek exemption from laws that govern others. Should students in public schools be allowed to organize devotional Bible readings and prayers on school property? Does reciting "under God" in the Pledge of Allegiance establish a preferred religion? What does the Constitution have to say about displays of religious symbols and messages on public property? Religion and the Constitution presents a new framework for addressing these and other controversial questions that involve competing demands of fairness, liberty, and constitutional validity. In this second of two major volumes on the intersection of constitutional and religious issues in the United States, Kent Greenawalt focuses on the Constitution's Establishment Clause, which forbids government from favoring one religion over another, or religion over secularism. The author begins with a history of the clause, its underlying principles, and the Supreme Court's main decisions on establishment, and proceeds to consider specific controversies. Taking a contextual approach, Greenawalt argues that the state's treatment of religion cannot be reduced to a single formula. Calling throughout for acknowledgment of the way religion gives meaning to people's lives, Religion and the Constitution aims to accommodate the maximum expression of religious conviction that is consistent with a commitment to fairness and the public welfare.Getting Incentives Right: Improving Torts, Contracts, and Restitution
Par Robert D. Cooter, Ariel Porat. 2014
How tort, contract, and restitution law can be reformed to better serve the social goodLawyers, judges, and scholars have long…
debated whether incentives in tort, contract, and restitution law effectively promote the welfare of society. If these incentives were ideal, tort law would reduce the cost and frequency of accidents, contract law would lubricate transactions, and restitution law would encourage people to benefit others. Unfortunately, the incentives in these laws lead to too many injuries, too little contractual cooperation, and too few unrequested benefits. Getting Incentives Right explains how law might better serve the social good.In tort law, Robert Cooter and Ariel Porat propose that all foreseeable risks should be included when setting standards of care and awarding damages. Failure to do so causes accidents that better legal incentives would avoid. In contract law, they show that making a promise often causes the person who receives it to change behavior and undermine the cooperation between the parties. They recommend several solutions, including a novel contract called "anti-insurance." In restitution law, people who convey unrequested benefits to others are seldom entitled to compensation. Restitution law should compensate them more than it currently does, so that they will provide more unrequested benefits. In these three areas of law, Getting Incentives Right demonstrates that better law can promote the well-being of people by providing better incentives for the private regulation of conduct.More Than You Wanted to Know: The Failure of Mandated Disclosure
Par Omri Ben-Shahar, Carl E. Schneider. 2014
How mandated disclosure took over the regulatory landscape—and why it failedPerhaps no kind of regulation is more common or less…
useful than mandated disclosure—requiring one party to a transaction to give the other information. It is the iTunes terms you assent to, the doctor's consent form you sign, the pile of papers you get with your mortgage. Reading the terms, the form, and the papers is supposed to equip you to choose your purchase, your treatment, and your loan well. More Than You Wanted to Know surveys the evidence and finds that mandated disclosure rarely works. But how could it? Who reads these disclosures? Who understands them? Who uses them to make better choices?Omri Ben-Shahar and Carl Schneider put the regulatory problem in human terms. Most people find disclosures complex, obscure, and dull. Most people make choices by stripping information away, not layering it on. Most people find they can safely ignore most disclosures and that they lack the literacy to analyze them anyway. And so many disclosures are mandated that nobody could heed them all. Nor can all this be changed by simpler forms in plainer English, since complex things cannot be made simple by better writing. Furthermore, disclosure is a lawmakers' panacea, so they keep issuing new mandates and expanding old ones, often instead of taking on the hard work of writing regulations with bite.Timely and provocative, More Than You Wanted to Know takes on the form of regulation we encounter daily and asks why we must encounter it at all.After Civil Rights: Racial Realism in the New American Workplace
Par John D. Skrentny. 2013
A provocative new approach to race in the workplaceWhat role should racial difference play in the American workplace? As a…
nation, we rely on civil rights law to address this question, and the monumental Civil Rights Act of 1964 seemingly answered it: race must not be a factor in workplace decisions. In After Civil Rights, John Skrentny contends that after decades of mass immigration, many employers, Democratic and Republican political leaders, and advocates have adopted a new strategy to manage race and work. Race is now relevant not only in negative cases of discrimination, but in more positive ways as well. In today's workplace, employers routinely practice "racial realism," where they view race as real—as a job qualification. Many believe employee racial differences, and sometimes immigrant status, correspond to unique abilities or evoke desirable reactions from clients or citizens. They also see racial diversity as a way to increase workplace dynamism. The problem is that when employers see race as useful for organizational effectiveness, they are often in violation of civil rights law.After Civil Rights examines this emerging strategy in a wide range of employment situations, including the low-skilled sector, professional and white-collar jobs, and entertainment and media. In this important book, Skrentny urges us to acknowledge the racial realism already occurring, and lays out a series of reforms that, if enacted, would bring the law and lived experience more in line, yet still remain respectful of the need to protect the civil rights of all workers.Oversight: Representing the Interests of Blacks and Latinos in Congress
Par Michael D. Minta. 2011
Oversight answers the question of whether black and Latino legislators better represent minority interests in Congress than white legislators, and…
it is the first book on the subject to focus on congressional oversight rather than roll-call voting. In this important book, Michael Minta demonstrates that minority lawmakers provide qualitatively better representation of black and Latino interests than their white counterparts. They are more likely to intervene in decision making by federal agencies by testifying in support of minority interests at congressional oversight hearings. Minority legislators write more letters urging agency officials to enforce civil rights policies, and spend significant time and effort advocating for solutions to problems that affect all racial and ethnic groups, such as poverty, inadequate health care, fair housing, and community development. In Oversight, Minta argues that minority members of Congress act on behalf of broad minority interests--inside and outside their districts--because of a shared bond of experience and a sense of linked fate. He shows how the presence of black and Latino legislators in the committee room increases the chances that minority perspectives and concerns will be addressed in committee deliberations, and also how minority lawmakers are effective at countering negative stereotypes about minorities in policy debates on issues like affirmative action and affordable housing.Quantitative Techniques for Competition and Antitrust Analysis
Par Peter Davis, Eliana Garcés. 2010
This book combines practical guidance and theoretical background for analysts using empirical techniques in competition and antitrust investigations. Peter Davis…
and Eliana Garcés show how to integrate empirical methods, economic theory, and broad evidence about industry in order to provide high-quality, robust empirical work that is tailored to the nature and quality of data available and that can withstand expert and judicial scrutiny. Davis and Garcés describe the toolbox of empirical techniques currently available, explain how to establish the weight of pieces of empirical work, and make some new theoretical contributions. The book consistently evaluates empirical techniques in light of the challenge faced by competition analysts and academics--to provide evidence that can stand up to the review of experts and judges. The book's integrated approach will help analysts clarify the assumptions underlying pieces of empirical work, evaluate those assumptions in light of industry knowledge, and guide future work aimed at understanding whether the assumptions are valid. Throughout, Davis and Garcés work to expand the common ground between practitioners and academics.Lawyers and Fidelity to Law
Par W. Bradley Wendel. 2010
Even lawyers who obey the law often seem to act unethically--interfering with the discovery of truth, subverting justice, and inflicting…
harm on innocent people. Standard arguments within legal ethics attempt to show why it is permissible to do something as a lawyer that it would be wrong to do as an ordinary person. But in the view of most critics these arguments fail to turn wrongs into rights. Even many lawyers think legal ethics is flawed because it does not accurately describe the considerable moral value of their work. In Lawyers and Fidelity to Law, Bradley Wendel introduces a new conception of legal ethics that addresses the concerns of lawyers and their critics alike. Wendel proposes an ethics grounded on the political value of law as a collective achievement that settles intractable conflicts, allowing people who disagree profoundly to live together in a peaceful, stable society. Lawyers must be loyal and competent client representatives, Wendel argues, but these obligations must always be exercised within the law that constitutes their own roles and confers rights and duties upon their clients. Lawyers act unethically when they treat the law as an inconvenient obstacle to be worked around and when they twist and distort it to help their clients do what they are not legally entitled to do. Lawyers and Fidelity to Law challenges lawyers and their critics to reconsider the nature and value of ethical representation.The Religious Left and Church-State Relations
Par Steven H. Shiffrin. 2009
In The Religious Left and Church-State Relations, noted constitutional law scholar Steven Shiffrin argues that the religious left, not the…
secular left, is best equipped to lead the battle against the religious right on questions of church and state in America today. Explaining that the chosen rhetoric of secular liberals is poorly equipped to argue against religious conservatives, Shiffrin shows that all progressives, religious and secular, must appeal to broader values promoting religious liberty. He demonstrates that the separation of church and state serves to protect religions from political manipulation while tight connections between church and state compromise the integrity of religious institutions. Shiffrin discusses the pluralistic foundations of the religion clauses in the First Amendment and asserts that the clauses cannot be confined to the protection of liberty, equality, or equal liberty. He explores the constitutional framework of religious liberalism, applying it to controversial examples, including the Pledge of Allegiance, the government's use of religious symbols, the teaching of evolution in public schools, and school vouchers. Shiffrin examines how the approaches of secular liberalism toward church-state relations have been misguided philosophically and politically, and he illustrates why theological arguments hold an important democratic position--not in courtrooms or halls of government, but in the public dialogue. The book contends that the great issue of American religious politics is not whether religions should be supported at all, but how religions can best be strengthened and preserved.Solomon's Knot: How Law Can End the Poverty of Nations (The Kauffman Foundation Series on Innovation and Entrepreneurship #9)
Par Robert D. Cooter, Hans-Bernd Schäfer. 2013
Why law is critical to innovation and economic growthSustained growth depends on innovation, whether it's cutting-edge software from Silicon Valley,…
an improved assembly line in Sichuan, or a new export market for Swaziland's leather. Developing a new idea requires money, which poses a problem of trust. The innovator must trust the investor with his idea and the investor must trust the innovator with her money. Robert Cooter and Hans-Bernd Schäfer call this the "double trust dilemma of development." Nowhere is this problem more acute than in poorer nations, where the failure to solve it results in stagnant economies.In Solomon's Knot, Cooter and Schäfer propose a legal theory of economic growth that details how effective property, contract, and business laws help to unite capital and ideas. They also demonstrate why ineffective private and business laws are the root cause of the poverty of nations in today's world. Without the legal institutions that allow innovation and entrepreneurship to thrive, other attempts to spur economic growth are destined to fail.American Constitutionalism: From Theory to Politics
Par Stephen M. Griffin. 1996
Despite the outpouring of works on constitutional theory in the past several decades, no general introduction to the field has…
been available. Stephen Griffin provides here an original contribution to American constitutional theory in the form of a short, lucid introduction to the subject for scholars and an informed lay audience. He surveys in an unpolemical way the theoretical issues raised by judicial practice in the United States over the past three centuries, particularly since the Warren Court, and locates both theory and practices that have inspired dispute among jurists and scholars in historical context. At the same time he advances an argument about the distinctive nature of our American constitutionalism, regarding it as an instance of the interpenetration of law and politics. American Constitutionalism is unique in considering the perspectives of both law and political science in relation to constitutional theory. Constitutional theories produced by legal scholars do not usually discuss state-centered theories of American politics, the importance of institutions, behaviorist research on judicial decision making, or questions of constitutional reform, but this book takes into account the political science literature on these and other topics. The work also devotes substantial attention to judicial review and its relationship to American democracy and theories of constitutional interpretation.The Limits of Constitutional Democracy (The University Center for Human Values Series #37)
Par Jeffrey K. Tulis, Stephen Macedo. 2011
Constitutional democracy is at once a flourishing idea filled with optimism and promise--and an enterprise fraught with limitations. Uncovering the…
reasons for this ambivalence, this book looks at the difficulties of constitutional democracy, and reexamines fundamental questions: What is constitutional democracy? When does it succeed or fail? Can constitutional democracies conduct war? Can they preserve their values and institutions while addressing new forms of global interdependence? The authors gathered here interrogate constitutional democracy's meaning in order to illuminate its future. The book examines key themes--the issues of constitutional failure; the problem of emergency power and whether constitutions should be suspended when emergencies arise; the dilemmas faced when constitutions provide and restrict executive power during wartime; and whether constitutions can adapt to such globalization challenges as immigration, religious resurgence, and nuclear arms proliferation. In addition to the editors, the contributors are Sotirios Barber, Joseph Bessette, Mark Brandon, Daniel Deudney, Christopher Eisgruber, James Fleming, William Harris II, Ran Hirschl, Gary Jacobsohn, Benjamin Kleinerman, Jan-Werner Müller, Kim Scheppele, Rogers Smith, Adrian Vermeule, and Mariah Zeisberg.Purposive Interpretation in Law
Par Aharon Barak. 2005
This book presents a comprehensive theory of legal interpretation, by a leading judge and legal theorist. Currently, legal philosophers and…
jurists apply different theories of interpretation to constitutions, statutes, rules, wills, and contracts. Aharon Barak argues that an alternative approach--purposive interpretation--allows jurists and scholars to approach all legal texts in a similar manner while remaining sensitive to the important differences. Moreover, regardless of whether purposive interpretation amounts to a unifying theory, it would still be superior to other methods of interpretation in tackling each kind of text separately. Barak explains purposive interpretation as follows: All legal interpretation must start by establishing a range of semantic meanings for a given text, from which the legal meaning is then drawn. In purposive interpretation, the text's "purpose" is the criterion for establishing which of the semantic meanings yields the legal meaning. Establishing the ultimate purpose--and thus the legal meaning--depends on the relationship between the subjective and objective purposes; that is, between the original intent of the text's author and the intent of a reasonable author and of the legal system at the time of interpretation. This is easy to establish when the subjective and objective purposes coincide. But when they don't, the relative weight given to each purpose depends on the nature of the text. For example, subjective purpose is given substantial weight in interpreting a will; objective purpose, in interpreting a constitution. Barak develops this theory with masterful scholarship and close attention to its practical application. Throughout, he contrasts his approach with that of textualists and neotextualists such as Antonin Scalia, pragmatists such as Richard Posner, and legal philosophers such as Ronald Dworkin. This book represents a profoundly important contribution to legal scholarship and a major alternative to interpretive approaches advanced by other leading figures in the judicial world.Does God Belong in Public Schools?
Par Kent Greenawalt. 2005
Controversial Supreme Court decisions have barred organized school prayer, but neither the Court nor public policy exclude religion from schools…
altogether. In this book, one of America's leading constitutional scholars asks what role religion ought to play in public schools. Kent Greenawalt explores many of the most divisive issues in educational debate, including teaching about the origins of life, sex education, and when--or whether--students can opt out of school activities for religious reasons. Using these and other case studies, Greenawalt considers how to balance the country's constitutional commitment to personal freedoms and to the separation of church and state with the vital role that religion has always played in American society. Do we risk distorting students' understanding of America's past and present by ignoring religion in public-school curricula? When does teaching about religion cross the line into the promotion of religion? Tracing the historical development of religion within public schools and considering every major Supreme Court case, Greenawalt concludes that the bans on school prayer and the teaching of creationism are justified, and that the court should more closely examine such activities as the singing of religious songs and student papers on religious topics. He also argues that students ought to be taught more about religion--both its contributions and shortcomings--especially in courses in history. To do otherwise, he writes, is to present a seriously distorted picture of society and indirectly to be other than neutral in presenting secularism and religion. Written with exemplary clarity and even-handedness, this is a major book about some of the most pressing and contentious issues in educational policy and constitutional law today.Judges and Their Audiences: A Perspective on Judicial Behavior
Par Lawrence Baum. 2006
What motivates judges as decision makers? Political scientist Lawrence Baum offers a new perspective on this crucial question, a perspective…
based on judges' interest in the approval of audiences important to them. The conventional scholarly wisdom holds that judges on higher courts seek only to make good law, good policy, or both. In these theories, judges are influenced by other people only in limited ways, in consequence of their legal and policy goals. In contrast, Baum argues that the influence of judges' audiences is pervasive. This influence derives from judges' interest in popularity and respect, a motivation central to most people. Judges care about the regard of audiences because they like that regard in itself, not just as a means to other ends. Judges and Their Audiences uses research in social psychology to make the case that audiences shape judges' choices in substantial ways. Drawing on a broad range of scholarship on judicial decision-making and an array of empirical evidence, the book then analyzes the potential and actual impact of several audiences, including the public, other branches of government, court colleagues, the legal profession, and judges' social peers. Engagingly written, this book provides a deeper understanding of key issues concerning judicial behavior on which scholars disagree, identifies aspects of judicial behavior that diverge from the assumptions of existing models, and shows how those models can be strengthened.Living Speech: Resisting the Empire of Force
Par James Boyd White. 2006
Language is our key to imagining the world, others, and ourselves. Yet sometimes our ways of talking dehumanize others and…
trivialize human experience. In war other people are imagined as enemies to be killed. The language of race objectifies those it touches, and propaganda disables democracy. Advertising reduces us to consumers, and clichés destroy the life of the imagination. How are we to assert our humanity and that of others against the forces in the culture and in our own minds that would deny it? What kind of speech should the First Amendment protect? How should judges and justices themselves speak? These questions animate James Boyd White's Living Speech, a profound examination of the ethics of human expression--in the law and in the rest of life. Drawing on examples from an unusual range of sources--judicial opinions, children's essays, literature, politics, and the speech-out-of-silence of Quaker worship--White offers a fascinating analysis of the force of our languages. Reminding us that every moment of speech is an occasion for gaining control of what we say and who we are, he shows us that we must practice the art of resisting the forces of inhumanity built into our habits of speech and thought if we are to become more capable of love and justice--in both law and life.A Public Empire: Property and the Quest for the Common Good in Imperial Russia
Par Ekaterina Pravilova. 2014
"Property rights" and "Russia" do not usually belong in the same sentence. Rather, our general image of the nation is…
of insecurity of private ownership and defenselessness in the face of the state. Many scholars have attributed Russia's long-term development problems to a failure to advance property rights for the modern age and blamed Russian intellectuals for their indifference to the issues of ownership. A Public Empire refutes this widely shared conventional wisdom and analyzes the emergence of Russian property regimes from the time of Catherine the Great through World War I and the revolutions of 1917. Most importantly, A Public Empire shows the emergence of the new practices of owning "public things" in imperial Russia and the attempts of Russian intellectuals to reconcile the security of property with the ideals of the common good.The book analyzes how the belief that certain objects—rivers, forests, minerals, historical monuments, icons, and Russian literary classics—should accede to some kind of public status developed in Russia in the mid-nineteenth century. Professional experts and liberal politicians advocated for a property reform that aimed at exempting public things from private ownership, while the tsars and the imperial government employed the rhetoric of protecting the sanctity of private property and resisted attempts at its limitation.Exploring the Russian ways of thinking about property, A Public Empire looks at problems of state reform and the formation of civil society, which, as the book argues, should be rethought as a process of constructing "the public" through the reform of property rights.That Eminent Tribunal: Judicial Supremacy and the Constitution (New Forum Books #35)
Par Christopher Wolfe. 2005
The role of the United States Supreme Court has been deeply controversial throughout American history. Should the Court undertake the…
task of guarding a wide variety of controversial and often unenumerated rights? Or should it confine itself to enforcing specific constitutional provisions, leaving other issues (even those of rights) to the democratic process? That Eminent Tribunal brings together a distinguished group of legal scholars and political scientists who argue that the Court's power has exceeded its appropriate bounds, and that sound republican principles require greater limits on that power. They reach this conclusion by an interesting variety of paths, and despite varied political convictions. Some of the essays debate the explicit claims to constitutional authority laid out by the Supreme Court itself in Planned Parenthood v. Casey and similar cases, and others focus on the defenses of judicial authority found commonly in legal scholarship (e.g., the allegedly superior moral reasoning of judges, or judges' supposed track record of superior political decision making). The authors find these arguments wanting and contend that the principles of republicanism and the contemporary form of judicial review exercised by the Supreme Court are fundamentally incompatible. The contributors include Hadley Arkes, Gerard V. Bradley, George Liebmann, Michael McConnell, Robert F. Nagel, Jack Wade Nowlin, Steven D. Smith, Jeremy Waldron, Keith E. Whittington, Christopher Wolfe, and Michael P. Zuckert.