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Author: Melissa Schwartzberg
Publisher: Cambridge University Press
ISBN: 1107433649
Category : Political Science
Languages : en
Pages : 253
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Book Description
Supermajority rules govern many features of our lives in common: from the selection of textbooks for our children's schools to residential covenants, from the policy choices of state and federal legislatures to constitutional amendments. It is usually assumed that these rules are not only normatively unproblematic but necessary to achieve the goals of institutional stability, consensus, and minority protections. In this book, Melissa Schwartzberg challenges the logic underlying the use of supermajority rule as an alternative to majority decision making. She traces the hidden history of supermajority decision making, which originally emerged as an alternative to unanimous rule, and highlights the tensions in the contemporary use of supermajority rules as an alternative to majority rule. Although supermajority rules ostensibly aim to reduce the purported risks associated with majority decision making, they do so at the cost of introducing new liabilities associated with the biased judgments they generate and secure.
Author: Melissa Schwartzberg
Publisher: Cambridge University Press
ISBN: 1107433649
Category : Political Science
Languages : en
Pages : 253
Get Book Here
Book Description
Supermajority rules govern many features of our lives in common: from the selection of textbooks for our children's schools to residential covenants, from the policy choices of state and federal legislatures to constitutional amendments. It is usually assumed that these rules are not only normatively unproblematic but necessary to achieve the goals of institutional stability, consensus, and minority protections. In this book, Melissa Schwartzberg challenges the logic underlying the use of supermajority rule as an alternative to majority decision making. She traces the hidden history of supermajority decision making, which originally emerged as an alternative to unanimous rule, and highlights the tensions in the contemporary use of supermajority rules as an alternative to majority rule. Although supermajority rules ostensibly aim to reduce the purported risks associated with majority decision making, they do so at the cost of introducing new liabilities associated with the biased judgments they generate and secure.
Author: Cristóbal Caviedes
Publisher: Taylor & Francis
ISBN: 1040108458
Category : Law
Languages : en
Pages : 233
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Book Description
This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts’ counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule’s traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.
Author: Michael Waldman
Publisher: Simon and Schuster
ISBN: 1982198931
Category : History
Languages : en
Pages : 448
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Book Description
On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.
Author:
Publisher: American Philosophical Society
ISBN: 9781422370186
Category :
Languages : en
Pages : 168
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Book Description
Author: Chittharanjan Felix Amerasinghe
Publisher: Cambridge University Press
ISBN: 9781139450157
Category : Political Science
Languages : en
Pages : 488
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Book Description
In this 2004 book, Professor Amerasinghe examines the local remedies rule in terms of both historical and modern international law. He considers both the customary international law as well as the application of the rule to, among others, human rights protection and international organizations. Material includes bilateral investment treaties and state contracts. The law is dealt with in the light of state practice and the jurisprudence of international courts and tribunals. The book also ventures into important areas such as the incidence of the rule, limitations, the burden of proof and the application of the rule to procedural remedies, in which the law is less clear. It adheres to the requirements of juristic exposition and analysis where the law has been determined, but at the same time Amerasinghe offers criticisms and suggestions for improving the law in the light of modern policy considerations.
Author: Marilyn Marks Rubin
Publisher: CRC Press
ISBN: 1466555424
Category : Political Science
Languages : en
Pages : 319
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Book Description
State fiscal decisions have a significant impact on the US economy. Taken together, subnational governments employ more than one out of every eight workers and provide the bulk of all basic governmental services consumed by individuals and businesses. Sustaining the States: The Fiscal Viability of American State Governments will give you a basic un
Author: Adam Jentleson
Publisher: Liveright Publishing
ISBN: 1631497782
Category : Political Science
Languages : en
Pages : 301
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Book Description
With a new epilogue on filibuster battles under the Biden administration THE CASE FOR ENDING THE FILIBUSTER "A truly excellent book… blistering and persuasive.” —Ezra Klein, New York Times An insider’s account of how politicians representing a radical white minority of Americans have used “the world’s greatest deliberative body” to hijack our democracy. Our democracy is under assault from homegrown authoritarians, with most observers blaming Donald Trump and the Republican Party that submitted to him. Yet as Adam Jentleson shows, the problem not only goes back to the nineteenth century, but is less about the presidency than it is about our nation’s most venerated institution: the United States Senate. A revelatory history of minority rule in America as expressed through the Senate filibuster, Kill Switch shows that white conservatives have long relied on the filibuster—which is not featured in the Constitution, and which, as Jentleson demonstrates, the Framers would have opposed—to shut down attempts to create a multiracial democracy. Featuring a new epilogue on filibuster battles under the Biden administration, Kill Switch will remain an essential warning about the costs of empowering this nation’s right-wing minority. • “Jentleson understands the inner workings of the institution, down to the most granular details, showing precisely how arcane procedural rules can be leveraged to dramatic effect.” —Jennifer Szalai, New York Times • “Careful and thorough and exacting.” —Michael Tomasky, New York Review of Books • “[An] excellent, surprising new book.” —Benjamin Wallace-Wells, The New Yorker
Author: United States. Congress. House. Committee on Government Reform and Oversight. Subcommittee on Government Management, Information, and Technology
Publisher:
ISBN:
Category : Business & Economics
Languages : en
Pages : 528
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Book Description
Author: Stephen M. Maurer
Publisher: Cambridge University Press
ISBN: 110899749X
Category : Political Science
Languages : en
Pages : 415
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Book Description
The Federalist remains the best single account of how American democracy is supposed to work. That said, it remains incomplete. While generations of scholars from Alexis de Tocqueville to Anthony Downs have worked hard to fill these gaps, America's constantly-changing society and political institutions continue to encounter new puzzles and challenges. We Hold These Truths provides a comprehensive survey of recent scholarship about the Framers' vision, stressing how long-established political patterns can abruptly change as voters become more polarized, and even lead to feedbacks that amplify public anger still further. Developing a theory of American democracy for the age of the internet, Trump, and polarization, this study mixes modern social science with a detailed knowledge of history, asking where the Framers' scheme has gone wrong – and what can be done to fix it.
Author: Patrick A. Gaughan
Publisher: John Wiley & Sons
ISBN: 0471237299
Category : Business & Economics
Languages : en
Pages : 634
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Book Description
The most comprehensive and up-to-date guide to modern corporate restructuring techniques Mergers and acquisitions are two of today's most important competitive tools used by corporations in a rapidly changing global business landscape. In this new updated and revised Third Edition of his groundbreaking book-winner of the Book of the Year Award in its category from the Association of American Publishers-author, business valuations expert, and professor Patrick Gaughan illustrates how mergers, acquisitions, and other vital forms of restructuring can work for corporations. This University Edition includes review questions specifically designed for finance students and those studying for the MBA degree. Packed with helpful advice and proven strategies, this book: * Explains virtually every type of corporate restructuring, including mergers and acquisitions, divestitures, reorganizations, joint ventures, leveraged buyouts, and more * Details the latest trends and delivers a modern, international perspective on the field * Integrates the latest relevant research in the field of mergers into the book's pragmatic treatment of the subject * Offers comprehensive coverage of the latest methods and techniques for business valuations of both public and closely held companies * Looks at the key strategies and motivating factors that arise during the course of restructurings * Analyzes and incorporates necessary legal, economic, and corporate finance considerations * Offers the best offensive and defensive tactics for hostile takeovers
