The Cornell Law Quarterly

The Cornell Law Quarterly PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 378

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Book Description

The Cornell Law Quarterly

The Cornell Law Quarterly PDF Author:
Publisher:
ISBN:
Category : Electronic journals
Languages : en
Pages : 378

Get Book Here

Book Description


A Culture of Fact

A Culture of Fact PDF Author: Barbara J. Shapiro
Publisher: Cornell University Press
ISBN: 9780801488498
Category : History
Languages : en
Pages : 300

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Book Description
Shapiro traces the genesis of the fact, a modern concept that originated not in natural science but in legal discourse. She follows the concept's evolution and diffusion across a variety of disciplines in early modern England.

Property and Sovereignty

Property and Sovereignty PDF Author: Professor James Charles Smith
Publisher: Ashgate Publishing, Ltd.
ISBN: 140948470X
Category : Law
Languages : en
Pages : 483

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Book Description
This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of 'sovereignty' in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states, and notions of sovereign property in new worlds. A section on the Arts illuminates the relationships between property, sovereignty, and culture, and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology. This book explores the relationships between property and the concept of sovereignty from a number of different perspectives. It distinguishes between the dual meaning of ‘sovereignty’ in property discourse - political sovereignty and owner sovereignty. The contributors discuss the nature of sovereignty in both senses, applying it to a wide range of topics such as the evolution of property rights in fragile and conflict-affected nation states and notions of sovereign property in new worlds. A section on The Arts illuminates the relationships between property, sovereignty and culture and a further section investigates regulatory property and governmental control over resources. The book concludes with an exploration of sovereign shaping of private property entitlements to achieve instrumental ends. This interesting collection will be valuable to those in the fields of legal philosophy, property theory, international and comparative law, and political sociology.

Sentiment, Reason, and Law

Sentiment, Reason, and Law PDF Author: Jeffrey T. Martin
Publisher: Cornell University Press
ISBN: 1501740067
Category : Social Science
Languages : en
Pages : 186

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Book Description
What if the job of police was to cultivate the political will of a community to live with itself (rather than enforce law, keep order, or fight crime)? In Sentiment, Reason, and Law, Jeffrey T. Martin describes a world where that is the case. The Republic of China on Taiwan spent nearly four decades as a single-party state under dictatorial rule (1949–1987) before transitioning to liberal democracy. Here, Martin describes the social life of a neighborhood police station during the first rotation in executive power following the democratic transition. He shows an apparent paradox of how a strong democratic order was built on a foundation of weak police powers, and demonstrates how that was made possible by the continuity of an illiberal idea of policing. His conclusion from this paradox is that the purpose of the police was to cultivate the political will of the community rather than enforce laws and keep order. As Sentiment, Reason, and Law shows, the police force in Taiwan exists as an "anthropological fact," bringing an order of reality that is always, simultaneously and inseparably, meaningful and material. Martin unveils the power of this fact, demonstrating how the politics of sentiment that took shape under autocratic rule continued to operate in everyday policing in the early phase of the democratic transformation, even as a more democratic mode of public reason and the ultimate power of legal right were becoming more significant.

Internet Law

Internet Law PDF Author: James Grimmelmann
Publisher:
ISBN: 9781943689200
Category : Internet
Languages : en
Pages : 0

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ALWD Citation Manual

ALWD Citation Manual PDF Author: Darby Dickerson
Publisher: Aspen Publishers
ISBN: 9780735511934
Category : Annotations and citations (Law)
Languages : en
Pages : 0

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Book Description
Presents a unified citation system for referencing legal documents in everyday and scholarly legal writing, for lawyers, judges, teachers, and students. Guidelines are arranged in sections on citation basics, citing specific print sources, electronic sources, incorporating citations into documents,

Lawmaking under Pressure

Lawmaking under Pressure PDF Author: Giovanni Mantilla
Publisher: Cornell University Press
ISBN: 1501752596
Category : Law
Languages : en
Pages : 181

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Book Description
In Lawmaking under Pressure, Giovanni Mantilla analyzes the origins and development of the international humanitarian treaty rules that now exist to regulate internal armed conflict. Until well into the twentieth century, states allowed atrocious violence as an acceptable product of internal conflict. Why have states created international laws to control internal armed conflict? Why did states compromise their national security by accepting these international humanitarian constraints? Why did they create these rules at improbable moments, as European empires cracked, freedom fighters emerged, and fears of communist rebellion spread? Mantilla explores the global politics and diplomatic dynamics that led to the creation of such laws in 1949 and in the 1970s. By the 1949 Diplomatic Conference that revised the Geneva Conventions, most countries supported legislation committing states and rebels to humane principles of wartime behavior and to the avoidance of abhorrent atrocities, including torture and the murder of non-combatants. However, for decades, states had long refused to codify similar regulations concerning violence within their own borders. Diplomatic conferences in Geneva twice channeled humanitarian attitudes alongside Cold War and decolonization politics, even compelling reluctant European empires Britain and France to accept them. Lawmaking under Pressure documents the tense politics behind the making of humanitarian laws that have become touchstones of the contemporary international normative order. Mantilla not only explains the pressures that resulted in constraints on national sovereignty but also uncovers the fascinating international politics of shame, status, and hypocrisy that helped to produce the humanitarian rules now governing internal conflict.

Quarters

Quarters PDF Author: John Gilbert McCurdy
Publisher: Cornell University Press
ISBN: 1501736620
Category : History
Languages : en
Pages : 315

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Book Description
When Americans declared independence in 1776, they cited King George III "for quartering large bodies of armed troops among us." In Quarters, John Gilbert McCurdy explores the social and political history behind the charge, offering an authoritative account of the housing of British soldiers in America. Providing new interpretations and analysis of the Quartering Act of 1765, McCurdy sheds light on a misunderstood aspect of the American Revolution. Quarters unearths the vivid debate in eighteenth-century America over the meaning of place. It asks why the previously uncontroversial act of accommodating soldiers in one's house became an unconstitutional act. In so doing, Quarters reveals new dimensions of the origins of Americans' right to privacy. It also traces the transformation of military geography in the lead up to independence, asking how barracks changed cities and how attempts to reorder the empire and the borderland led the colonists to imagine a new nation. Quarters emphatically refutes the idea that the Quartering Act forced British soldiers in colonial houses, demonstrates the effectiveness of the Quartering Act at generating revenue, and examines aspects of the law long ignored, such as its application in the backcountry and its role in shaping Canadian provinces. Above all, Quarters argues that the lessons of accommodating British troops outlasted the Revolutionary War, profoundly affecting American notions of place. McCurdy shows that the Quartering Act had significant ramifications, codified in the Third Amendment, for contemporary ideas of the home as a place of domestic privacy, the city as a place without troops, and a nation with a civilian-led military.

The Reputational Premium

The Reputational Premium PDF Author: Paul M. Sniderman
Publisher: Princeton University Press
ISBN: 1400842557
Category : Political Science
Languages : en
Pages : 161

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Book Description
The Reputational Premium presents a new theory of party identification, the central concept in the study of voting. Challenging the traditional idea that voters identify with a political party out of blind emotional attachment, this pioneering book explains why party identification in contemporary American politics enables voters to make coherent policy choices. Standard approaches to the study of policy-based voting hold that voters choose based on the policy positions of the two candidates competing for their support. This study demonstrates that candidates can get a premium in support from the policy reputations of their parties. In particular, Paul Sniderman and Edward Stiglitz present a theory of how partisans take account of the parties' policy reputations as a function of the competing candidates' policy positions. A central implication of this theory of reputation-centered choices is that party identification gives candidates tremendous latitude in their policy positioning. Paradoxically, it is the party supporters who understand and are in synch with the ideological logic of the American party system who open the door to a polarized politics precisely by making the best-informed choices on offer.

Our Undemocratic Constitution

Our Undemocratic Constitution PDF Author: Sanford Levinson
Publisher: Oxford University Press
ISBN: 0195365577
Category : Law
Languages : en
Pages : 260

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Book Description
Levinson here argues that too many of our Constitution's provisions promote either unjust or ineffective government. Under the existing blueprint, we can neither rid ourselves of incompetent presidents nor assure continuity of government following catastrophic attacks. Worse, our Constitution is the most difficult to amend or update in the world. Levinson boldly challenges the Americans to undertake a long overdue public discussion on how they might best reform this most hallowed document and construct a constitution adequate to our democratic values.