The Right of Instruction and Representation in American Legislatures, 1778 to 1900 PDF Download
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Author: Peverill Squire
Publisher: University of Michigan Press
ISBN: 0472132334
Category : Political Science
Languages : en
Pages : 217
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Book Description
The Right of Instruction and Representation in American Legislatures, 1778 to 1900 provides a comprehensive analysis of the role constituent instructions played in American politics for more than a hundred years after its founding. Constituent instructions were more widely issued than previously thought, and members of state legislatures and Congress were more likely to obey them than political scientists and historians have assumed. Peverill Squire expands our understanding of constituent instructions beyond a handful of high-profile cases, through analyses of two unique data sets: one examining more than 5,000 actionable communications (instructions and requests) sent to state legislators by constituents through town meetings, mass meetings, and local representative bodies; the other examines more than 6,600 actionable communications directed by state legislatures to their state’s congressional delegations. He draws the data, examples, and quotes almost entirely from original sources, including government documents such as legislative journals, session laws, town and county records, and newspaper stories, as well as diaries, memoirs, and other contemporary sources. Squire also includes instructions to and from Confederate state legislatures in both data sets. In every respect, the Confederate state legislatures mirrored the legislatures that preceded and followed them.
Author: Peverill Squire
Publisher: University of Michigan Press
ISBN: 0472132334
Category : Political Science
Languages : en
Pages : 217
Get Book
Book Description
The Right of Instruction and Representation in American Legislatures, 1778 to 1900 provides a comprehensive analysis of the role constituent instructions played in American politics for more than a hundred years after its founding. Constituent instructions were more widely issued than previously thought, and members of state legislatures and Congress were more likely to obey them than political scientists and historians have assumed. Peverill Squire expands our understanding of constituent instructions beyond a handful of high-profile cases, through analyses of two unique data sets: one examining more than 5,000 actionable communications (instructions and requests) sent to state legislators by constituents through town meetings, mass meetings, and local representative bodies; the other examines more than 6,600 actionable communications directed by state legislatures to their state’s congressional delegations. He draws the data, examples, and quotes almost entirely from original sources, including government documents such as legislative journals, session laws, town and county records, and newspaper stories, as well as diaries, memoirs, and other contemporary sources. Squire also includes instructions to and from Confederate state legislatures in both data sets. In every respect, the Confederate state legislatures mirrored the legislatures that preceded and followed them.
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
ISBN: 9781590318737
Category : Law
Languages : en
Pages : 216
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Book Description
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Author: United States. National Labor Relations Board. Office of the General Counsel
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 500
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Book Description
Author: Jona Goldschmidt
Publisher: Rowman & Littlefield
ISBN: 1793616655
Category : Law
Languages : en
Pages : 459
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Book Description
This book explores the legal, ethical, and policy issues arising from self-representation in America's courts and acts as a useful guide for lawyers, judges, and for self-represented litigants themselves who face the complexity of litigation alone.
Author: Rabeea Assy
Publisher: Oxford University Press, USA
ISBN: 0199687447
Category : Law
Languages : en
Pages : 273
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Book Description
In common law jurisdictions, litigants are free to choose whether to procure legal representation or litigate in person. There is no formal requirement that civil litigants obtain legal representation, and the court has no power to impose it on them, regardless of whether the litigant has the financial means to hire a lawyer or is capable of conducting litigation effectively. Self-representation is considered indispensable even in circumstances of extreme abuse of process, such as in 'vexatious litigation'. Intriguingly, although self-representation is regarded as sacrosanct in common law jurisdictions, most civil law systems take a diametrically opposite view and impose obligations of legal representation as a condition for conducting civil litigation, except in low-value claims courts or specific tribunals. This disparity presents a conundrum in comparative law: an unfettered freedom to proceed in person is afforded in those legal systems that are more reliant on the litigants' professional skills and whose rules of procedure and evidence are more formal, complex, and adversarial, whereas legal representation tends to be made obligatory in systems that are judge-based and offer more flexible and informal procedures, which would seem, intuitively, to be more conducive to self-representation. In Injustice in Person: The Right to Self Representation, Rabeea Assy assesses the theoretical value of self-representation, and challenges the conventional wisdom that this should be a fundamental right. With a fresh perspective, Assy develops a novel justification for mandatory legal representation, exploring a number of issues such as the requirements placed by the liberal commitment to personal autonomy on the civil justice system; the utility of plain English projects and the extent to which they render the law accessible to lay people; and the idea that a high degree of litigant control over the proceedings enhances litigants' subjective perceptions of procedural fairness. On a practical level, the book discusses the question of mandatory representation against the case law of English and American courts and also that of the European Court of Human Rights, the International Criminal Tribunal for the former Yugoslavia, and the Human Rights Committee.
Author: John Phillip Reid
Publisher: University of Chicago Press
ISBN: 9780226708980
Category : History
Languages : en
Pages : 276
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Book Description
"Americans did not rebel from Great Britain because they wanted a different government. They rebelled because they believed that Parliament was violating constitutional precepts. Colonial Whigs did not fight for American rights. They fought for English rights."—from the Preface John Phillip Reid goes on to argue that it was generally the application, not the definition, of these rights that was disputed. The sole—and critical—exception concerned the right of representation. American perceptions of the responsibility of representatives to their constituents, the necessity of equal representation, and the constitutional function of consent had diverged gradually, but significantly, from British tradition. Drawing on his mastery of eighteenth-century legal thought, Reid explores the origins and shifting meanings of representation, consent, arbitrary rule, and constitution. He demonstrates that the controversy which led to the American Revolution had more to do with jurisprudential and constitutional principles than with democracy and equality. This book will interest legal historians, Constitutional scholars, and political theorists.
Author: Michael Ezekiel Gasper
Publisher: Stanford University Press
ISBN: 080476980X
Category : History
Languages : en
Pages : 312
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Book Description
The Power of Representation traces the emergence of modern Egyptian national identity from the mid-1870s through the 1910s. During this period, a new class of Egyptian urban intellectuals—teachers, lawyers, engineers, clerks, accountants, and journalists—came into prominence. Adapting modern ideas of individual moral autonomy and universal citizenship, this group reconfigured religiously informed notions of the self and created a national sense of "Egyptian-ness" drawn from ideas about Egypt's large peasant population. The book breaks new ground by calling into question the notion, common in historiography of the modern Middle East and the Muslim world in general, that in the nineteenth century "secular" aptitudes and areas of competency were somehow separate from "religious" ones. Instead, by tying the burgeoning Islamic modernist movement to the process of identity formation and its attendant political questions Michael Gasper shows how religion became integral to modern Egyptian political, social, and cultural life.
Author: Marie Alison Finkelstein
Publisher: Lexis Law Publishing (Va)
ISBN:
Category : Law
Languages : en
Pages : 112
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Book Description
Author: Kathleen L. Barber
Publisher: Ohio State University Press
ISBN: 9780814208540
Category : Political Science
Languages : en
Pages : 236
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Book Description
"From this practice stems the endemic underrepresentation of minorities in our political life. Enforcement of the Voting Rights Act has led to increased minority electoral success, but the strategy most commonly used - creation of majority-minority districts - has come under attack in the Supreme Court.".
Author: Hanna F. Pitkin
Publisher: Univ of California Press
ISBN: 0520340507
Category : Philosophy
Languages : en
Pages : 332
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Book Description
Being concerned with representation, this book is about an idea, a concept, a word. It is primarily a conceptual analysis, not a historical study of the way in which representative government has evolved, nor yet an empirical investigation of the behavior of contemporary representatives or the expectations voters have about them. Yet, although the book is about a word, it is not about mere words, not merely about words. For the social philosopher, for the social scientist, words are not "mere"; they are the tools of his trade and a vital part of his subject matter. Since human beings are not merely political animals but also language-using animals, their behavior is shaped by their ideas. What they do and how they do it depends upon how they see themselves and their world, and this in turn depends upon the concepts through which they see. Learning what "representation" means and learning how to represent are intimately connected. But even beyond this, the social theorist sees the world through a network of concepts. Our words define and delimit our world in important ways, and this is particularly true of the world of human and social things. For a zoologist may capture a rare specimen and simply observe it; but who can capture an instance of representation (or of power, or of interest)? Such things, too, can be observed, but the observation always presupposes at least a rudimentary conception of what representation (or power, or interest) is, what counts as representation, where it leaves off and some other phenomenon begins. Questions about what representation is, or is like, are not fully separable from the question of what "representation" means. This book approaches the former questions by way of the latter.
