Originalism and the Good Constitution

Originalism and the Good Constitution PDF Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377

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Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

Originalism and the Good Constitution

Originalism and the Good Constitution PDF Author: John O. McGinnis
Publisher: Harvard University Press
ISBN: 0674727363
Category : Law
Languages : en
Pages : 377

Get Book Here

Book Description
Originalism holds that the U.S. Constitution should be interpreted according to its meaning at the time it was enacted. In their innovative defense of originalism, John McGinnis and Michael Rappaport maintain that the text of the Constitution should be adhered to by the Supreme Court because it was enacted by supermajorities—both its original enactment under Article VII and subsequent Amendments under Article V. A text approved by supermajorities has special value in a democracy because it has unusually wide support and thus tends to maximize the welfare of the greatest number. The authors recognize and respond to many possible objections. Does originalism perpetuate the dead hand of the past? How can following the original meaning be justified, given that African Americans and women were excluded from the enactment of the Constitution in 1787 and many of its subsequent Amendments? What is originalism’s place in interpretation of the Constitution, when after two hundred years there is so much non-originalist precedent? A fascinating counterfactual they pose is this: had the Supreme Court not interpreted the Constitution so freely, perhaps the nation would have resorted to the Article V amendment process more often and with greater effect. Their book will be an important contribution to the literature on originalism, which is now the most prominent theory of constitutional interpretation.

Rappaport V. United States of America

Rappaport V. United States of America PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 22

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Barr V. United States of America

Barr V. United States of America PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 44

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Hall V. United States of America

Hall V. United States of America PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 40

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Creating Shareholder Value

Creating Shareholder Value PDF Author: Alfred Rappaport
Publisher: Simon and Schuster
ISBN: 0684844567
Category : Business & Economics
Languages : en
Pages : 225

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Book Description
Economist, consultant, and Wall Street Journal contributor Alfred Rappaport provides managers and investors with the practical tools and tests for a corporate strategy that creates shareholder value. The ultimate test of corporate strategy, the only reliable measure, is whether it creates economic value for shareholders. After a decade of downsizings frequently blamed on shareholder value decision making, this book presents a new and indepth assessment of the rationale for shareholder value. Further, Rappaport presents provocative new insights on shareholder value applications to: (1) business planning, (2) performance evaluation, (3) executive compensation, (4) mergers and acquisitions, (5) interpreting stock market signals, and (6) organizational implementation. Readers will be particularly interested in Rappaport's answers to three management performance evaluation questions: (1) What is the most appropriate measure of performance? (2) What is the most appropriate target level of performance? and (3) How should rewards be linked to performance? Through the lens of high-stakes case studies, like the notable acquisition of Duracell International by Gillette, Rappaport dissects the intricate decisions and risks inherent in the merger and acquisition process. The shareholder value approach presented here has been widely embraced by publicly traded as well as privately held companies worldwide. Brilliant and incisive, this is the one book that should be required reading for managers and investors who want to stay on the cutting edge of success in a highly competitive global economy.

United States of America V. Baker

United States of America V. Baker PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 48

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The Race to Save the Romanovs

The Race to Save the Romanovs PDF Author: Helen Rappaport
Publisher: Macmillan + ORM
ISBN: 1250151236
Category : History
Languages : en
Pages : 388

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Book Description
In this international bestseller investigating the murder of the Russian Imperial Family, Helen Rappaport embarks on a quest to uncover the various plots and plans to save them, why they failed, and who was responsible. The murder of the Romanov family in July 1918 horrified the world, and its aftershocks still reverberate today. In Putin's autocratic Russia, the Revolution itself is considered a crime, and its anniversary was largely ignored. In stark contrast, the centenary of the massacre of the Imperial Family was commemorated in 2018 by a huge ceremony attended by the Patriarch of the Russian Orthodox Church. While the murders themselves have received major attention, what has never been investigated in detail are the various plots and plans behind the scenes to save the family—on the part of their royal relatives, other governments, and Russian monarchists loyal to the Tsar. Rappaport refutes the claim that the fault lies entirely with King George V, as has been the traditional view for the last century. The responsibility for failing the Romanovs must be equally shared. The question of asylum for the Tsar and his family was an extremely complicated issue that presented enormous political, logistical and geographical challenges at a time when Europe was still at war. Like a modern day detective, Helen Rappaport draws on new and never-before-seen sources from archives in the US, Russia, Spain and the UK, creating a powerful account of near misses and close calls with a heartbreaking conclusion. With its up-to-the-minute research, The Race to Save the Romanovs is sure to replace outdated classics as the final word on the fate of the Romanovs.

Lysiak V. United States of America

Lysiak V. United States of America PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 40

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Eschweiler V. United States of America

Eschweiler V. United States of America PDF Author:
Publisher:
ISBN:
Category :
Languages : en
Pages : 44

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A Magnificent Obsession

A Magnificent Obsession PDF Author: Helen Rappaport
Publisher: Macmillan + ORM
ISBN: 1429940921
Category : History
Languages : en
Pages : 635

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Book Description
As she did in her critically acclaimed The Last Days of the Romanovs, Helen Rappaport brings a compelling documentary feel to the story of this royal marriage and of the queen's obsessive love for her husband – a story that began as fairy tale and ended in tragedy. After the untimely death of Prince Albert, the queen and her nation were plunged into a state of grief so profound that this one event would dramatically alter the shape of the British monarchy. For Britain had not just lost a prince: during his twenty year marriage to Queen Victoria, Prince Albert had increasingly performed the function of King in all but name. The outpouring of grief after Albert's death was so extreme, that its like would not be seen again until the death of Princess Diana 136 years later. Drawing on many letters, diaries and memoirs from the Royal Archives and other neglected sources, as well as the newspapers of the day, Rappaport offers a new perspective on this compelling historical psychodrama--the crucial final months of the prince's life and the first long, dark ten years of the Queen's retreat from public view. She draws a portrait of a queen obsessed with her living husband and – after his death – with his enduring place in history. Magnificent Obsession will also throw new light on the true nature of the prince's chronic physical condition, overturning for good the 150-year old myth that he died of typhoid fever.