Author: Jeff Broadwater
Publisher: Univ of North Carolina Press
ISBN: 0807877395
Category : Biography & Autobiography
Languages : en
Pages : 352
Book Description
George Mason (1725-92) is often omitted from the small circle of founding fathers celebrated today, but in his service to America he was, in the words of Thomas Jefferson, "of the first order of greatness." Jeff Broadwater provides a comprehensive account of Mason's life at the center of the momentous events of eighteenth-century America. Mason played a key role in the Stamp Act Crisis, the American Revolution, and the drafting of Virginia's first state constitution. He is perhaps best known as author of the Virginia Declaration of Rights, a document often hailed as the model for the Bill of Rights. As a Virginia delegate to the Constitutional Convention in Philadelphia, Mason influenced the emerging Constitution on point after point. Yet when he was rebuffed in his efforts to add a bill of rights and concluded the document did too little to protect the interests of the South, he refused to sign the final draft. Broadwater argues that Mason's recalcitrance was not the act of an isolated dissenter; rather, it emerged from the ideology of the American Revolution. Mason's concerns about the abuse of political power, Broadwater shows, went to the essence of the American experience.
George Mason, Forgotten Founder
Author: Jeff Broadwater
Publisher: Univ of North Carolina Press
ISBN: 0807877395
Category : Biography & Autobiography
Languages : en
Pages : 352
Book Description
George Mason (1725-92) is often omitted from the small circle of founding fathers celebrated today, but in his service to America he was, in the words of Thomas Jefferson, "of the first order of greatness." Jeff Broadwater provides a comprehensive account of Mason's life at the center of the momentous events of eighteenth-century America. Mason played a key role in the Stamp Act Crisis, the American Revolution, and the drafting of Virginia's first state constitution. He is perhaps best known as author of the Virginia Declaration of Rights, a document often hailed as the model for the Bill of Rights. As a Virginia delegate to the Constitutional Convention in Philadelphia, Mason influenced the emerging Constitution on point after point. Yet when he was rebuffed in his efforts to add a bill of rights and concluded the document did too little to protect the interests of the South, he refused to sign the final draft. Broadwater argues that Mason's recalcitrance was not the act of an isolated dissenter; rather, it emerged from the ideology of the American Revolution. Mason's concerns about the abuse of political power, Broadwater shows, went to the essence of the American experience.
Publisher: Univ of North Carolina Press
ISBN: 0807877395
Category : Biography & Autobiography
Languages : en
Pages : 352
Book Description
George Mason (1725-92) is often omitted from the small circle of founding fathers celebrated today, but in his service to America he was, in the words of Thomas Jefferson, "of the first order of greatness." Jeff Broadwater provides a comprehensive account of Mason's life at the center of the momentous events of eighteenth-century America. Mason played a key role in the Stamp Act Crisis, the American Revolution, and the drafting of Virginia's first state constitution. He is perhaps best known as author of the Virginia Declaration of Rights, a document often hailed as the model for the Bill of Rights. As a Virginia delegate to the Constitutional Convention in Philadelphia, Mason influenced the emerging Constitution on point after point. Yet when he was rebuffed in his efforts to add a bill of rights and concluded the document did too little to protect the interests of the South, he refused to sign the final draft. Broadwater argues that Mason's recalcitrance was not the act of an isolated dissenter; rather, it emerged from the ideology of the American Revolution. Mason's concerns about the abuse of political power, Broadwater shows, went to the essence of the American experience.
The US Supreme Court and the Centralization of Federal Authority
Author: Michael A. Dichio
Publisher: State University of New York Press
ISBN: 1438472544
Category : Political Science
Languages : en
Pages : 296
Book Description
This book explores the US Supreme Court's impact on the constitutional development of the federal government from the founding era forward. The author's research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government.
Publisher: State University of New York Press
ISBN: 1438472544
Category : Political Science
Languages : en
Pages : 296
Book Description
This book explores the US Supreme Court's impact on the constitutional development of the federal government from the founding era forward. The author's research is based on an original database of several hundred landmark decisions compiled from constitutional law casebooks and treatises published between 1822 and 2010. By rigorously and systematically interpreting these decisions, he determines the extent to which the court advanced and consolidated national governing authority. The result is a portrait of how the high court, regardless of constitutional issue and ideology, persistently expanded the reach and scope of the federal government.
Is Administrative Law Unlawful?
Author: Philip Hamburger
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
Publisher: University of Chicago Press
ISBN: 022611645X
Category : Law
Languages : en
Pages : 646
Book Description
“Hamburger argues persuasively that America has overlaid its constitutional system with a form of governance that is both alien and dangerous.” —Law and Politics Book Review While the federal government traditionally could constrain liberty only through acts of Congress and the courts, the executive branch has increasingly come to control Americans through its own administrative rules and adjudication, thus raising disturbing questions about the effect of this sort of state power on American government and society. With Is Administrative Law Unlawful?, Philip Hamburger answers this question in the affirmative, offering a revisionist account of administrative law. Rather than accepting it as a novel power necessitated by modern society, he locates its origins in the medieval and early modern English tradition of royal prerogative. Then he traces resistance to administrative law from the Middle Ages to the present. Medieval parliaments periodically tried to confine the Crown to governing through regular law, but the most effective response was the seventeenth-century development of English constitutional law, which concluded that the government could rule only through the law of the land and the courts, not through administrative edicts. Although the US Constitution pursued this conclusion even more vigorously, administrative power reemerged in the Progressive and New Deal Eras. Since then, Hamburger argues, administrative law has returned American government and society to precisely the sort of consolidated or absolute power that the US Constitution—and constitutions in general—were designed to prevent. With a clear yet many-layered argument that draws on history, law, and legal thought, Is Administrative Law Unlawful? reveals administrative law to be not a benign, natural outgrowth of contemporary government but a pernicious—and profoundly unlawful—return to dangerous pre-constitutional absolutism.
George Mason
Author: William G. Hyland
Publisher: Regnery History
ISBN: 1621579263
Category : History
Languages : en
Pages : 527
Book Description
George Mason was a short, bookish man who was a friend and neighbor of athletic, broad-shouldered George Washington. Unlike Washington, Mason has been virtually forgotton by history. But this new biography of forgotten patriot George Mason makes a convincing case that Mason belongs in the pantheon of honored Founding Fathers. Trained in the law, Mason was also a farmer, philosopher, botanist, and musician. He was one of the architects of the Declaration of Independence, an author of the Bill of Rights, and one of the strongest proponents of religious liberty in American history. In fact, both Thomas Jefferson and James Madison may have been given undue credit for George Mason's own contributions to American democracy.
Publisher: Regnery History
ISBN: 1621579263
Category : History
Languages : en
Pages : 527
Book Description
George Mason was a short, bookish man who was a friend and neighbor of athletic, broad-shouldered George Washington. Unlike Washington, Mason has been virtually forgotton by history. But this new biography of forgotten patriot George Mason makes a convincing case that Mason belongs in the pantheon of honored Founding Fathers. Trained in the law, Mason was also a farmer, philosopher, botanist, and musician. He was one of the architects of the Declaration of Independence, an author of the Bill of Rights, and one of the strongest proponents of religious liberty in American history. In fact, both Thomas Jefferson and James Madison may have been given undue credit for George Mason's own contributions to American democracy.
Frédéric Jenny
Author: Nicolas Charbit
Publisher:
ISBN:
Category :
Languages : en
Pages : 360
Book Description
Dr. Frédéric Jenny is the Renaissance man of competition policy. As an economist, scholar, judge and enforcer, he has helped transform the landscape of global competition enforcement. In the first volume of this Liber Amicorum, distinguished members of both Bar and Bench, as well as academics from around the world, come together to bear testimony to his international achievements. This collection of 21 articles celebrates Dr. Jenny's career thus far, and also explores other timely and topical areas of competition law and policy.
Publisher:
ISBN:
Category :
Languages : en
Pages : 360
Book Description
Dr. Frédéric Jenny is the Renaissance man of competition policy. As an economist, scholar, judge and enforcer, he has helped transform the landscape of global competition enforcement. In the first volume of this Liber Amicorum, distinguished members of both Bar and Bench, as well as academics from around the world, come together to bear testimony to his international achievements. This collection of 21 articles celebrates Dr. Jenny's career thus far, and also explores other timely and topical areas of competition law and policy.
The Future of Intellectual Property
Author: Daniel J. Gervais
Publisher: Edward Elgar Publishing
ISBN: 1800885342
Category : Law
Languages : en
Pages : 373
Book Description
This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.
Publisher: Edward Elgar Publishing
ISBN: 1800885342
Category : Law
Languages : en
Pages : 373
Book Description
This forward-looking book examines the issue of intellectual property (IP) law reform, considering both the reform of primary IP rights, and the impact of secondary rights on such reforms. It reflects on the distinction between primary and secondary rights, offering new international perspectives on IP reform, and exploring both the intended and unintended consequences of changing primary rights or adding secondary rights.
Courting Failure
Author: Lynn LoPucki
Publisher: University of Michigan Press
ISBN: 0472031708
Category : Business & Economics
Languages : en
Pages : 335
Book Description
An eye-opening account of the widespread and systematic decay of America's bankruptcy courts
Publisher: University of Michigan Press
ISBN: 0472031708
Category : Business & Economics
Languages : en
Pages : 335
Book Description
An eye-opening account of the widespread and systematic decay of America's bankruptcy courts
You Can't Say That!
Author: David E. Bernstein
Publisher: Cato Institute
ISBN: 1933995467
Category : Political Science
Languages : en
Pages : 218
Book Description
In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.
Publisher: Cato Institute
ISBN: 1933995467
Category : Political Science
Languages : en
Pages : 218
Book Description
In a misguided attempt to eradicate every vestige of "discrimination" in our society, activists and courts are using antidiscrimination laws to erode civil liberties such as free speech, the free exercise of religion, and freedom of association. Civil rights laws today are being applied in ways that threaten free speech on campus and in the workplace, the right of local community activists to speak out against government policies, the rights of private associations such as the Boy Scouts to determine their membership policies, and even the rights of individuals to choose their roommates.
Behavioral Law and Economics
Author: Eyal Zamir
Publisher: Oxford University Press
ISBN: 0190901349
Category : Business & Economics
Languages : en
Pages : 641
Book Description
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Publisher: Oxford University Press
ISBN: 0190901349
Category : Business & Economics
Languages : en
Pages : 641
Book Description
In the past few decades, economic analysis of law has been challenged by a growing body of experimental and empirical studies that attest to prevalent and systematic deviations from the assumptions of economic rationality. While the findings on bounded rationality and heuristics and biases were initially perceived as antithetical to standard economic and legal-economic analysis, over time they have been largely integrated into mainstream economic analysis, including economic analysis of law. Moreover, the impact of behavioral insights has long since transcended purely economic analysis of law: in recent years, the behavioral movement has become one of the most influential developments in legal scholarship in general. Behavioral Law and Economics offers a state-of-the-art overview of the field. Eyal Zamir and Doron Teichman survey the entire body of psychological research that lies at the basis of behavioral analysis of law, and critically evaluate the core methodological questions of this area of research. Following this, the book discusses the fundamental normative questions stemming from the psychological findings on bounded rationality, and explores their implications for setting the law's goals and designing the means to attain them. The book then provides a systematic and critical examination of the contributions of behavioral studies to all major fields of law including: property, contracts, consumer protection, torts, corporate, securities regulation, antitrust, administrative, constitutional, international, criminal, and evidence law, as well as to the behavior of key players in the legal arena: litigants and judicial decision-makers.
Rehabilitating Lochner
Author: David E. Bernstein
Publisher: University of Chicago Press
ISBN: 0226043533
Category : History
Languages : en
Pages : 204
Book Description
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.
Publisher: University of Chicago Press
ISBN: 0226043533
Category : History
Languages : en
Pages : 204
Book Description
In this timely reevaluation of an infamous Supreme Court decision, David E. Bernstein provides a compelling survey of the history and background of Lochner v. New York. This 1905 decision invalidated state laws limiting work hours and became the leading case contending that novel economic regulations were unconstitutional. Sure to be controversial, Rehabilitating Lochner argues that the decision was well grounded in precedent—and that modern constitutional jurisprudence owes at least as much to the limited-government ideas of Lochner proponents as to the more expansive vision of its Progressive opponents. Tracing the influence of this decision through subsequent battles over segregation laws, sex discrimination, civil liberties, and more, Rehabilitating Lochner argues not only that the court acted reasonably in Lochner, but that Lochner and like-minded cases have been widely misunderstood and unfairly maligned ever since.