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Author:
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ISBN:
Category :
Languages : en
Pages : 20
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Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 20
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Author: Gary Lawson
Publisher: Cambridge University Press
ISBN: 1139489844
Category : Law
Languages : en
Pages : 191
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Book Description
The Necessary and Proper Clause is one of the most important parts of the US Constitution. Today this short thirty-nine-word paragraph is cited as the legal foundation for much of the modern federal government. Through three independent lines of research, the authors trace the lineage of the Necessary and Proper Clause to the everyday law of the Founding Era - the same law that American founders such as Madison, Hamilton, and Washington applied in their daily lives. Origins of the Necessary and Proper Clause are found in law-governing agencies, public administration, and corporations. Moreover, all of those areas were undergirded by common principles of fiduciary responsibility - reflecting the Founders' view that a public office is truly a public trust. This explains the choice of language in the clause and provides clues about its meaning. This book thus serves as a reference source for scholars seeking to understand the intellectual foundations of one of the Constitution's most important clauses.
Author: David L. Hudson
Publisher:
ISBN: 9780314606488
Category : Constitutional law
Languages : en
Pages : 0
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Author: Gary Lawson
Publisher: West Academic Publishing
ISBN:
Category : Law
Languages : en
Pages : 1080
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Book Description
This book provides an in-depth treatment of the basic principles that govern federal administrative action. The Third Edition retains the prior editions' strong doctrinal orientation, straightforward organization and presentation, historical depth, and emphasis on the detailed connections among the various doctrines that govern the federal administrative state. The organization has been revised to enhance the sense of connection among doctrinal categories: materials on scope of review now immediately follow materials on statutory and regulatory procedures in order to highlight the close relationship between procedural and substantive law. The materials have been updated and sharpened, but the well-received structure and focus of the book have not been substantially altered.
Author: Cass R. Sunstein
Publisher: Belknap Press
ISBN: 0674247531
Category : Law
Languages : en
Pages : 209
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Winner of the Scribes Book Award “As brilliantly imaginative as it is urgently timely.” —Richard H. Fallon, Jr., Harvard Law School “At no time more than the present, a defense of expertise-based governance and administration is sorely needed, and this book provides it with gusto.” —Frederick Schauer, author of The Proof A highly original framework for restoring confidence in a government bureaucracy increasingly derided as “the deep state.” Is the modern administrative state illegitimate? Unconstitutional? Unaccountable? Dangerous? America has long been divided over these questions, but the debate has recently taken on more urgency and spilled into the streets. Cass Sunstein and Adrian Vermeule argue that the administrative state can be redeemed so long as public officials are constrained by morality and guided by stable rules. Officials should make clear rules, ensure transparency, and never abuse retroactivity, so that current guidelines are not under constant threat of change. They should make rules that are understandable and avoid issuing contradictory ones. These principles may seem simple, but they have a great deal of power. Already, they limit the activities of administrative agencies every day. In more robust form, they could address some of the concerns of critics who decry the “deep state” and yearn for its downfall. “Has something to offer both critics and supporters...a valuable contribution to the ongoing debate over the constitutionality of the modern state.” —Review of Politics “The authors freely admit that the administrative state is not perfect. But, they contend, it is far better than its critics allow.” —Wall Street Journal
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 1232
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Book Description
Author: Gary Lawson
Publisher: University Press of Kansas
ISBN: 0700624252
Category : Political Science
Languages : en
Pages : 228
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Book Description
What kind of document is the United States Constitution and how does that characterization affect its meaning? Those questions are seemingly foundational for the entire enterprise of constitutional theory, but they are strangely under-examined. Legal scholars Gary Lawson and Guy Seidman propose that the Constitution, for purposes of interpretation, is a kind of fiduciary, or agency, instrument. The founding generation often spoke of the Constitution as a fiduciary document—or as a “great power of attorney,” in the words of founding-era legal giant James Iredell. Viewed against the background of fiduciary legal and political theory, which would have been familiar to the founding generation from both its education and its experience, the Constitution is best read as granting limited powers to the national government, as an agent, to manage some portion of the affairs of “We the People” and its “posterity.” What follows from this particular conception of the Constitution—and is of greater importance—is the question of whether, and how much and in what ways, the discretion of governmental agents in exercising those constitutionally granted powers is also limited by background norms of fiduciary obligation. Those norms, the authors remind us, include duties of loyalty, care, impartiality, and personal exercise. In the context of the Constitution, this has implications for everything from non-delegation to equal protection to so-called substantive due process, as well as for the scope of any implied powers claimed by the national government. In mapping out what these imperatives might mean—such as limited discretionary power, limited implied powers, a need to engage in fair dealing with all parties, and an obligation to serve at all times the interests of the Constitution’s beneficiaries—Lawson and Seidman offer a clearer picture of the original design for a limited government.
Author: Guy Lawson
Publisher: Penguin UK
ISBN: 0241980593
Category : True Crime
Languages : en
Pages : 305
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Book Description
In January 2007, three young stoners from Miami Beach won a $300 million US Government contract to supply ammunition to the Afghanistan military. Instead of fulfilling the order with high-quality arms, they bought cheap Communist-style surplus ammo from Balkan gunrunners. The dudes then secretly repackaged millions of rounds of shoddy Chinese ammunition and shipped it to Kabul - until they were caught by Pentagon investigators. That's the 'official' story. The truth is far more explosive. Originally published as 'The Arms and the Dudes', this is a trip that goes from a dive apartment in Miami Beach to mountain caves in Albania, the corridors of power in Washington, and the frontlines of Iraq and Afghanistan. This is a story you were never meant to read.
Author: National Research Council
Publisher: National Academies Press
ISBN: 0309310628
Category : Law
Languages : en
Pages : 212
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Book Description
Identifying the Culprit: Assessing Eyewitness Identification makes the case that better data collection and research on eyewitness identification, new law enforcement training protocols, standardized procedures for administering line-ups, and improvements in the handling of eyewitness identification in court can increase the chances that accurate identifications are made. This report explains the science that has emerged during the past 30 years on eyewitness identifications and identifies best practices in eyewitness procedures for the law enforcement community and in the presentation of eyewitness evidence in the courtroom. In order to continue the advancement of eyewitness identification research, the report recommends a focused research agenda.
Author: Victoria Lawson
Publisher: University of Georgia Press
ISBN: 0820353124
Category : Social Science
Languages : en
Pages : 269
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Book Description
This collection examines the power and transformative potential of movements that fight against poverty and inequality. Broadly, poverty politics are struggles to define who is poor, what it means to be poor, what actions might be taken, and who should act. These movements shape the sociocultural and political economic structures that constitute poverty and privilege as material and social relations. Editors Victoria Lawson and Sarah Elwood focus on the politics of insurgent movements against poverty and inequality in seven countries (Argentina, India, Brazil, South Africa, Thailand, Singapore, and the United States). The contributors explore theory and practice in alliance politics, resistance movements, the militarized repression of justice movements, global counterpublics, and political theater. These movements reflect the diversity of poverty politics and the relations between bureaucracies and antipoverty movements. They discuss work done by mass and other types of mobilizations across multiple scales; forms of creative and political alliance across axes of difference; expressions and exercises of agency by people named as poor; and the kinds of rights and other claims that are made in different spaces and places. Relational Poverty Politics advocates for poverty knowledge grounded in relational perspectives that highlight the adversarial relationship of poverty to privilege, as well as the possibility for alliances across different groups. It incorporates current research in the field and demonstrates how relational poverty knowledge is best seen as a model for understanding how theory is derivative of action as much as the other way around. The book lays a foundation for realistic change that can directly attack poverty at its roots. Contributors: Antonádia Borges, Dia Da Costa, Sarah Elwood, David Boarder Giles, Jim Glassman, Victoria Lawson, Felipe Magalhães, Jeff Maskovsky, Richa Nagar, Genevieve Negrón-Gonzales, LaShawnDa Pittman, Frances Fox Piven, Preeti Sampat, Thomas Swerts, and Junjia Ye.
