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Author: Neil K. Komesar
Publisher: University of Chicago Press
ISBN: 9780226450896
Category : Law
Languages : en
Pages : 304
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Book Description
Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
Author: Neil K. Komesar
Publisher: University of Chicago Press
ISBN: 9780226450896
Category : Law
Languages : en
Pages : 304
Get Book Here
Book Description
Major approaches to law and public policy, ranging from law and economics to the fundamental rights approach to constitutional law, are based on the belief that the identification of the correct social goals or values is the key to describing or prescribing law and public policy outcomes. In this book, Neil Komesar argues that this emphasis on goal choice ignores an essential element—institutional choice. Indeed, as important as determining our social goals is deciding which institution is best equipped to implement them—the market, the political process, or the adjucative process. Pointing out that all three institutions are massive, complex, and imperfect, Komesar develops a strategy for comparative institutional analysis that assesses variations in institutional ability. He then powerfully demonstrates the value of this analytical framework by using it to examine important contemporary issues ranging from tort reform to constitution-making.
Author: Stephen L. Wasby
Publisher: University of Pittsburgh Pre
ISBN: 0822974487
Category : Biography & Autobiography
Languages : en
Pages : 360
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Book Description
After a successful career as a law professor and government regulator, William O. Douglas was appointed to the Supreme Court by Franklin D. Roosevelt in 1939. During his thirty-six years on the court, he became known as one of its most outspoken and controversial members. In this volume, which was originally published for the William O. Douglas Institute, distinguished scholars examine four major aspects of Justice Douglas's work: his relations with his colleagues; his views on civil liberties, which primarily led to his reputation as a liberal; his stance as an environmentalist; and his views as an internationalist.
Author: United States. Congress. House. Committee on the District of Columbia
Publisher:
ISBN:
Category :
Languages : en
Pages : 368
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Book Description
Author: United States. Congress. House. Committee on the District of Columbia. Subcommittee No. 5
Publisher:
ISBN:
Category : Optometry
Languages : en
Pages : 372
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Book Description
Author: United States. Congress. House. Committee on the District of Columbia
Publisher:
ISBN:
Category :
Languages : en
Pages : 1378
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Book Description
Author: United States. Congress. House. Committee on the District of Columbia
Publisher:
ISBN:
Category : Legislative hearings
Languages : en
Pages : 1646
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Book Description
Author: Ioannis G. Dimitrakopoulos
Publisher: BRILL
ISBN: 9047431294
Category : Law
Languages : en
Pages : 1140
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Book Description
Individual Rights and Liberties Under the U.S. Constitution references more than 2,500 U.S. Supreme Court opinions and covers ten major decisional areas: general issues of constitutional rights; procedural rights; personal inviolability and liberty; substantive guarantees against criminal or civil penalties; personal or family privacy and autonomy; searches and seizures; freedoms of conscience, thought, and religion; freedoms of speech, press, assembly, and association; substantive protection of property rights and economic interests; and equal protection. It also includes a comprehensive introductory chapter on the Supreme Court.
Author:
Publisher:
ISBN:
Category : Law reports, digests, etc
Languages : en
Pages : 770
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Book Description
Author: United States. Congress. House
Publisher:
ISBN:
Category :
Languages : en
Pages : 1864
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Book Description
Author: Michael J. Z. Mannheimer
Publisher: University of Michigan Press
ISBN: 0472903713
Category : Law
Languages : en
Pages : 431
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Book Description
Police are required to obey the law. While that seems obvious, courts have lost track of that requirement due to misinterpreting the two constitutional provisions governing police conduct: the Fourth and Fourteenth Amendments. The Fourth Amendment forbids "unreasonable searches and seizures" and is the source of most constitutional constraints on policing. Although that provision technically applies only to the federal government, the Fourteenth Amendment, ratified in the wake of the Civil War, has been deemed to apply the Fourth Amendment to the States. This book contends that the courts’ misinterpretation of these provisions has led them to hold federal and state law enforcement mistakenly to the same constitutional standards. The Fourth Amendment was originally understood as a federalism, or “states’ rights,” provision that, in effect, required federal agents to adhere to state law when searching or seizing. Thus, applying the same constraint to the States is impossible. Instead, the Fourteenth Amendment was originally understood in part as requiring that state officials (1) adhere to state law, (2) not discriminate, and (3) not be granted excessive discretion by legislators. These principles should guide judicial review of modern policing. Instead, constitutional constraints on policing are too strict and too forgiving at the same time. In this book, Michael J.Z. Mannheimer calls for a reimagination of what modern policing could look like based on the original understandings of the Fourth and Fourteenth Amendments.
