Author: T. V. Paul
Publisher: Stanford University Press
ISBN: 0804750173
Category : Political Science
Languages : en
Pages : 400
Book Description
Since the sudden disappearance of the Soviet Union, many scholars have argued that the balance of power theory is losing its relevance. This text examines this viewpoint, as well as looking at systematic factors that may hinder or favour the return of balance of power politics.
Balance of Power
Author: T. V. Paul
Publisher: Stanford University Press
ISBN: 0804750173
Category : Political Science
Languages : en
Pages : 400
Book Description
Since the sudden disappearance of the Soviet Union, many scholars have argued that the balance of power theory is losing its relevance. This text examines this viewpoint, as well as looking at systematic factors that may hinder or favour the return of balance of power politics.
Publisher: Stanford University Press
ISBN: 0804750173
Category : Political Science
Languages : en
Pages : 400
Book Description
Since the sudden disappearance of the Soviet Union, many scholars have argued that the balance of power theory is losing its relevance. This text examines this viewpoint, as well as looking at systematic factors that may hinder or favour the return of balance of power politics.
Power Balance
Author: Steven J. Haberfeld
Publisher: University of Oklahoma Press
ISBN: 0806190566
Category : Law
Languages : en
Pages : 308
Book Description
Negotiation, understood simply as “working things out by talking things through,” is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of “interest-based negotiation” to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power—by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.
Publisher: University of Oklahoma Press
ISBN: 0806190566
Category : Law
Languages : en
Pages : 308
Book Description
Negotiation, understood simply as “working things out by talking things through,” is often anything but simple for Native nations engaged with federal, state, and local governments to solve complex issues, promote economic and community development, and protect and advance their legal and historical rights. Power Balance builds on traditional Native values and peacemaking practices to equip tribes today with additional tools for increasing their negotiating leverage. As cofounder and executive director of the Indian Dispute Resolution Service, author Steven J. Haberfeld has worked with Native tribes for more than forty years to help resolve internal differences and negotiate complex transactions with governmental, political, and private-sector interests. Drawing on that experience, he combines Native ideas and principles with the strategies of “interest-based negotiation” to develop a framework for overcoming the unique structural challenges of dealing with multilevel government agencies. His book offers detailed instructions for mastering six fundamental steps in the negotiating process, ranging from initial planning and preparation to hammering out a comprehensive, written win-win agreement. With real-life examples throughout, Power Balance outlines measures tribes can take to maximize their negotiating power—by leveraging their special legal rights and historical status and by employing political organizing strategies to level the playing field in obtaining their rightful benefits. Haberfeld includes a case study of the precedent-setting negotiation between the Timbisha Shoshone Tribe and four federal agencies that resolved disputes over land, water, and other natural resource in Death Valley National Park in California. Bringing together firsthand experience, traditional Native values, and the most up-to-date legal principles and practices, this how-to book will be an invaluable resource for tribal leaders and lawyers seeking to develop and refine their negotiating skills and strategies.
When at Times the Mob Is Swayed
Author: Burt Neuborne
Publisher: The New Press
ISBN: 1620973596
Category : Law
Languages : en
Pages : 220
Book Description
From a leading constitutional lawyer who has sued every president since LBJ, a masterful explication of the true “pillars of our democracy” On November 9, 2016—and again on January 6, 2021—many Americans feared that our democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of our government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that our unprecedented sets of constitutional protections, all endorsed by both major parties, stand between us and an authoritarian federal regime: namely the division of powers between the three branches, the rights reserved to the states, and the Bill of Rights. Neuborne parses the genius of our constitutional system and the ways its built-in resilience will ultimately survive current attempts to dismantle it. While many important issue areas—women’s right to choose, LGBTQ rights, separation of church and state—risk erosion, Neuborne argues that the Constitution’s inherent defense mechanisms can buy us time. But only an active citizenry will enable us to defend our cherished rights and protections, fulfilling Ben Franklin’s charge to keep our republic.
Publisher: The New Press
ISBN: 1620973596
Category : Law
Languages : en
Pages : 220
Book Description
From a leading constitutional lawyer who has sued every president since LBJ, a masterful explication of the true “pillars of our democracy” On November 9, 2016—and again on January 6, 2021—many Americans feared that our democracy was on the verge of collapse. But is it? In an erudite and brilliant evaluation of the current state of our government, noted constitutional scholar Burt Neuborne administers a stress test to democracy and concludes that our unprecedented sets of constitutional protections, all endorsed by both major parties, stand between us and an authoritarian federal regime: namely the division of powers between the three branches, the rights reserved to the states, and the Bill of Rights. Neuborne parses the genius of our constitutional system and the ways its built-in resilience will ultimately survive current attempts to dismantle it. While many important issue areas—women’s right to choose, LGBTQ rights, separation of church and state—risk erosion, Neuborne argues that the Constitution’s inherent defense mechanisms can buy us time. But only an active citizenry will enable us to defend our cherished rights and protections, fulfilling Ben Franklin’s charge to keep our republic.
Law and the Balance of Power
Author: Stewart Macaulay
Publisher: Russell Sage Foundation
ISBN: 161044373X
Category : Law
Languages : en
Pages : 245
Book Description
Stewart Macaulay teaches contracts at the University of Wisconsin Law School and is interested in the part the legal system plays in implementing, regulating, and hindering economic relationships, and how it does these things. This book is a descriptive analysis of organizational change that has resulted from automobile dealers' attempts to find a legal remedy for what they consider unfair practices of the manufacturers. It advances our understanding of the limitations and the positive functions of formal rules in the regulation of human conduct, and shows how informal procedures can develop as a result of pressure for changes in the formal rules.
Publisher: Russell Sage Foundation
ISBN: 161044373X
Category : Law
Languages : en
Pages : 245
Book Description
Stewart Macaulay teaches contracts at the University of Wisconsin Law School and is interested in the part the legal system plays in implementing, regulating, and hindering economic relationships, and how it does these things. This book is a descriptive analysis of organizational change that has resulted from automobile dealers' attempts to find a legal remedy for what they consider unfair practices of the manufacturers. It advances our understanding of the limitations and the positive functions of formal rules in the regulation of human conduct, and shows how informal procedures can develop as a result of pressure for changes in the formal rules.
The 48 Laws of Power
Author: Robert Greene
Publisher: Penguin
ISBN: 0670881465
Category : Self-Help
Languages : en
Pages : 481
Book Description
Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control. This is the only authorized hardcover edition in the US. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.
Publisher: Penguin
ISBN: 0670881465
Category : Self-Help
Languages : en
Pages : 481
Book Description
Amoral, cunning, ruthless, and instructive, this multi-million-copy New York Times bestseller is the definitive manual for anyone interested in gaining, observing, or defending against ultimate control. This is the only authorized hardcover edition in the US. In the book that People magazine proclaimed “beguiling” and “fascinating,” Robert Greene and Joost Elffers have distilled three thousand years of the history of power into 48 essential laws by drawing from the philosophies of Machiavelli, Sun Tzu, and Carl Von Clausewitz and also from the lives of figures ranging from Henry Kissinger to P.T. Barnum. Some laws teach the need for prudence (“Law 1: Never Outshine the Master”), others teach the value of confidence (“Law 28: Enter Action with Boldness”), and many recommend absolute self-preservation (“Law 15: Crush Your Enemy Totally”). Every law, though, has one thing in common: an interest in total domination. In a bold and arresting two-color package, The 48 Laws of Power is ideal whether your aim is conquest, self-defense, or simply to understand the rules of the game.
The International Legal Order
Author: Ingrid Detter Delupis
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 622
Book Description
This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
Publisher: Dartmouth Publishing Company
ISBN:
Category : Law
Languages : en
Pages : 622
Book Description
This work is based on long-term research into State practice combined with the development of a theoretical foundation of such practice, which explains the behaviour of states as subject to clear legal restraints. It argues that state practice is not compatible with traditional concepts of international law and that a fresh approach is required.
The Constitutional Balance
Author: John Laws
Publisher: Bloomsbury Publishing
ISBN: 1509935460
Category : Law
Languages : en
Pages : 254
Book Description
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Publisher: Bloomsbury Publishing
ISBN: 1509935460
Category : Law
Languages : en
Pages : 254
Book Description
In The Constitutional Balance Sir John Laws has left a vivid and timely commentary on one of the most pressing issues in the legal world today. The debate continues whether or not judges venture too far into issues of Government policy, and whether or not there are any limits on the power of the executive and the legislature to propose and enact legislation that unduly restricts fundamental freedoms in a democratic society subject to the rule of law. Sir John Laws examines the relationship between constitutional fundamentals and values. He finds basic ideals of reason, fairness and the presumption of liberty in the common law, and recognises that a democratically accountable executive and legislature must be able to make policy and enact and implement legislation to pursue social goals. The courts then interpret the laws. As Sir John puts it – “The meeting of Parliament and the common law, in the crucible of statutory interpretation, is close to the core of [the constitutional balance]”. These fundamental values can compete with each other, giving rise to tensions within and between key state institutions, in particular the executive and the judiciary. A 'constitutional balance' between them must be found if the constitution is to function properly, each institution is to understand the proper extent and limits of its authority, and the rule of law is to be maintained. Sir John draws on his life-long experience as a barrister, judge and academic, and on case-law and learning, to explain in vibrant and engaging terms how such a 'constitutional balance' might be achieved.
Antitrust and the Bounds of Power
Author: Giuliano Amato
Publisher: Bloomsbury Publishing
ISBN: 1847313345
Category : Law
Languages : en
Pages : 147
Book Description
Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.
Publisher: Bloomsbury Publishing
ISBN: 1847313345
Category : Law
Languages : en
Pages : 147
Book Description
Since it first came into existence, antitrust law has become progressively more technical both in its form and in its manner of enforcement. Yet technicalities and doctrines give covert and not neutral solutions to a crucial dilemma which is of fundamental importance: how much private power is needed to preserve economic freedom from the intrusion of public power, and how much public power is needed to prevent private power becoming a threat to the freedom of others? In this lucidly written and challenging book, Giuliano Amato draws on his wide experience to examine the character of this dilemma and the way in which it has been addressed by legislatures and courts in the US and in Europe. His observations on the history and the doctrines of antitrust law and his conclusions as to how successfully the dilemma is being managed by the super economies of Europe and the US challenge conventional thinking. They will also stimulate economists and lawyers as well as business and lay people to consider more closely the future of antitrust laws across the globe.
Private Power, Public Law
Author: Susan K. Sell
Publisher: Cambridge University Press
ISBN: 9780521525398
Category : Business & Economics
Languages : en
Pages : 244
Book Description
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
Publisher: Cambridge University Press
ISBN: 9780521525398
Category : Business & Economics
Languages : en
Pages : 244
Book Description
Analysis of the power of multinational corporations in moulding international law on intellectual property rights.
A World of Struggle
Author: David Kennedy
Publisher: Princeton University Press
ISBN: 0691180873
Category : Law
Languages : en
Pages : 344
Book Description
How today's unjust global order is shaped by uncertain expert knowledge—and how to fix it A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.
Publisher: Princeton University Press
ISBN: 0691180873
Category : Law
Languages : en
Pages : 344
Book Description
How today's unjust global order is shaped by uncertain expert knowledge—and how to fix it A World of Struggle reveals the role of expert knowledge in our political and economic life. As politicians, citizens, and experts engage one another on a technocratic terrain of irresolvable argument and uncertain knowledge, a world of astonishing inequality and injustice is born. In this provocative book, David Kennedy draws on his experience working with international lawyers, human rights advocates, policy professionals, economic development specialists, military lawyers, and humanitarian strategists to provide a unique insider's perspective on the complexities of global governance. He describes the conflicts, unexamined assumptions, and assertions of power and entitlement that lie at the center of expert rule. Kennedy explores the history of intellectual innovation by which experts developed a sophisticated legal vocabulary for global management strangely detached from its distributive consequences. At the center of expert rule is struggle: myriad everyday disputes in which expertise drifts free of its moorings in analytic rigor and observable fact. He proposes tools to model and contest expert work and concludes with an in-depth examination of modern law in warfare as an example of sophisticated expertise in action. Charting a major new direction in global governance at a moment when the international order is ready for change, this critically important book explains how we can harness expert knowledge to remake an unjust world.