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How Democracy Ends
by David RuncimanHow will democracy end? And what will replace it? A preeminent political scientist examines the past, present, and future of an endangered political philosophySince the end of World War II, democracy's sweep across the globe seemed inexorable. Yet today, it seems radically imperiled, even in some of the world's most stable democracies. How bad could things get?In How Democracy Ends, David Runciman argues that we are trapped in outdated twentieth-century ideas of democratic failure. By fixating on coups and violence, we are focusing on the wrong threats. Our societies are too affluent, too elderly, and too networked to fall apart as they did in the past. We need new ways of thinking the unthinkable--a twenty-first-century vision of the end of democracy, and whether its collapse might allow us to move forward to something better.A provocative book by a major political philosopher, How Democracy Ends asks the most trenchant questions that underlie the disturbing patterns of our contemporary political life.
How Democratic Is the American Constitution?
by Robert A. DahlDahl starts with the assumption that the legitimacy of the American Constitution derives solely from its utility as an instrument of democratic governance. Dahl demonstrates that, due to the context in which it was conceived, our Constitution came to incorporate significant antidemocratic elements. Because the Framers of the Constitution had no relevant example of a democratic political system on which to model the American government, many defining aspects of our political system were implemented as a result of short-sightedness or last-minute compromise.
How Failed Attempts to Amend the Constitution Mobilize Political Change
by Roger C. HartleySince the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year?This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War.Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
How Failed Attempts to Amend the Constitution Mobilize Political Change
by Roger C. HartleySince the Constitution's ratification, members of Congress, following Article V, have proposed approximately twelve thousand amendments, and states have filed several hundred petitions with Congress for the convening of a constitutional convention. Only twenty-seven amendments have been approved in 225 years. Why do members of Congress continue to introduce amendments at a pace of almost two hundred a year? This book is a demonstration of how social reformers and politicians have used the amendment process to achieve favorable political results even as their proposed amendments have failed to be adopted. For example, the ERA "failed" in the sense that it was never ratified, but the mobilization to ratify the ERA helped build the feminist movement (and also sparked a countermobilization). Similarly, the Supreme Court's ban on compulsory school prayer led to a barrage of proposed amendments to reverse the Court. They failed to achieve the requisite two-thirds support from Congress, but nevertheless had an impact on the political landscape. The definition of the relationship between Congress and the President in the conduct of foreign policy can also be traced directly to failed efforts to amend the Constitution during the Cold War. Roger Hartley examines familiar examples like the ERA, balanced budget amendment proposals, and pro-life attempts to overturn Roe v. Wade, but also takes the reader on a three-century tour of lesser-known amendments. He explains how often the mere threat of calling a constitutional convention (at which anything could happen) effected political change.
How Free Can Religion Be?
by Randall P. BezansonRandall P. Bezanson's How Free Can Religion Be? explores the Supreme Court's varied history of interpreting the religious guarantees outlined in the First Amendment. The book discusses eight provocative Supreme Court decisions to track the evolution of Free Exercise and Establishment Clause doctrine, focusing on the court's shift from strict separation of church and state to a position where the government accommodates and even fosters religion. Beginning with samples from the latter half of the nineteenth century, the detailed case studies present new problems and revisit some old ones as well: the purported belief of polygamy in the Mormon Church; state support for religious schools; the teaching of evolution and creationism in public schools; Amish claims for exemption from compulsory education laws; comparable claims for Native American religion in relation to drug laws; and rights of free speech and equal access by religious groups in colleges and public schools.
How Free Can the Press Be?
by Randall P. BezansonIn How Free Can the Press Be? Randall P. Bezanson explores contradictions embedded in understanding press freedom in America by discussing nine of the most pivotal and provocative First Amendment cases in U.S. judicial history.
How Gamification Can Help Your Business Engage in Sustainability
by Paula OwenVirtually unknown just a few years ago, gamification is fast emerging as a user engagement and behaviour change tool that succeeds where other tactics and strategies have failed. It's the new "business tech trend to watch", and is already being tested in a diverse range of sectors.Not only useful for strengthening communication and engagement and as a potent behaviour change agent, it is also being advocated as a uniquely effective tool for stimulating innovative thinking and new ideas. In the environmental sector, "eco-gamification" is showing early promise in sustainable transport, employee engagement, energy and recycling, and its potential for other sectors is clear.This book contains all the information businesses and other organizations need to make an informed decision about whether to adopt gamification as part of their own business and sustainability strategies – and the tools to get started. Owen's expert investigation outlines the latest theory, tactics and strategies, draws together emerging best practice and points to stand-out successes in the health and fitness, medical research, and financial sectors, as well as early successes in "eco-gamification".Whether the people you are engaging are customers, citizens, employees, shareholders, executives or board members, if you're an organization concerned with enhancing environmental sustainability, and you want your efforts to make a real and lasting difference, this book is for you.
How Global Currencies Work: Past, Present, and Future
by Barry Eichengreen Arnaud Mehl Livia ChituA powerful new understanding of global currency trends, including the rise of the Chinese yuanAt first glance, the modern history of the global economic system seems to support the long-held view that the leading world power’s currency—the British pound, the U.S. dollar, and perhaps someday the Chinese yuan—invariably dominates international trade and finance. In How Global Currencies Work, three noted economists provide a reassessment of this history and the theories behind the conventional wisdom.Offering a new history of global finance over the past two centuries, and marshaling extensive new data to test established theories of how global currencies work, Barry Eichengreen, Arnaud Mehl, and Livia Chiţu argue for a new view, in which several national monies can share international currency status, and their importance can change rapidly. They demonstrate how changes in technology and in the structure of international trade and finance have reshaped the landscape of international currencies so that several international financial standards can coexist. They show that multiple international and reserve currencies have in fact coexisted in the pastupending the traditional view of the British pound’s dominance prior to 1945 and the U.S. dollar’s dominance more recently.Looking forward, the book tackles the implications of this new framework for major questions facing the future of the international monetary system, from whether the euro and the Chinese yuan might address their respective challenges and perhaps rival the dollar, to how increased currency competition might affect global financial stability.
How Good People Make Tough Choices Rev Ed: Resolving the Dilemmas of Ethical Living
by Rushworth M. KidderShould you take a much-needed vacation or save money for the kids' education? Protect the endangered owl or maintain jobs for loggers? Have a heart-to-heart with a lying employee or fire him on the spot?All of us face ethical choices. Sometimes they're easy: One side is wrong and the other is right. But how do we handle the really tough "right vs. right" dilemmas, where each side has strong moral arguments and we can't do both? This book helps us build Ethical Fitness®--a values-based decision-making process so definitive that it's now a registered trade mark.Rushworth M. Kidder, founder of the Institute for Global Ethics, teaches us how to think for ourselves in order to resolve ethical dilemmas ranging from the intimately personal to the broadly philosophical. Unique in its approach and rich with illustrative anecdotes--updated with examples of real-world conflicts from today's political realm and from Dr. Kidder's own observations--How Good People Make Tough Choices is an indispensable resource for spotting, understanding, and resolving our toughest decisions.
How Good Policies and Business Ethics Enhance Good Quality of Life
by Alex C. MichalosThis volume provides bridges from the social sciences to business ethics and from the latter to the quality of life, by connecting the research themes of quality of life, social sciences, including public policy-making, and business ethics or corporate responsibility. It builds on the premise that public policy making is essentially a species of good decision making, as explained in the first volume. It shows that, because most developed countries function as market economies whose governments depend on taxation to pay for their services and because a large proportion of government revenue comes from well-regulated, responsible corporations, the quality of people's lives is highly dependent upon good public policies, taxation and business ethics. The volume presents and examines ethical/moral problems arising in market economies since the first century BCE, including the first appearance of the business case for business ethics, fourteen arguments concerning the neglect of business ethics, business ethics issues for the 1990s and beyond, the loyal agent's argument, advertising, the importance of trust, public opinion polling, public program evaluation, and a critique of the relatively new monster of super-capitalism. In addition, it deals with connections among the concepts of efficiency, morality, and rationality related to decision making in general and public policy making in particular. Finally, it explains relationships between outcomes measurement and performance indicators in general and performance-based management in public administration, the taxation of net wealth and financial transactions.
How Good is Scott Morrison?
by Wayne Errington Peter van OnselenWithout fear or favour, How Good is Scott Morrison? examines the trials and tribulations of our 30th prime minister. Investigating Morrison's unlikely rise to the liberal leadership and his miracle electoral win, van Onselen and Errington put his leadership under the spotlight.Covering Morrison's disastrous management of the catastrophic bushfire season that was highlighted by the extraordinary statement, 'I don't hold the hose, mate,' and the decision to holiday while the country burned, How Good is Scott Morrison? shows his resolve and the redemption the government's response to the pandemic brought him.Right now, Scott Morrison seems unassailable and sure to win the next election, but what exactly is his vision for Australia? A pragmatist rather than an ideologue, he is a deeply Pentecostal religious man but he doesn't wear his faith as a badge of honour. So what does he really believe in?When the history of this period is written, Morrison will certainly be seen as an election winner but will he be viewed as having had the courage and vision to change Australia for the better, or the worse?
How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign
by Fran QuigleyA cataclysmic earthquake, revolution, corruption, and neglect have all conspired to strangle the growth of a legitimate legal system in Haiti. But as How Human Rights Can Build Haiti demonstrates, the story of lawyers-activists on the ground should give us all hope. They organize demonstrations at the street level, argue court cases at the international level, and conduct social media and lobbying campaigns across the globe. They are making historic claims and achieving real success as they tackle Haiti's cholera epidemic, post-earthquake housing and rape crises, and the Jean-Claude Duvalier prosecution, among other human rights emergencies in Haiti. The only way to transform Haiti's dismal human rights legacy is through a bottom-up social movement, supported by local and international challenges to the status quo. That recipe for reform mirrors the strategy followed by Mario Joseph, Brian Concannon, and their clients and colleagues profiled in this book. Together, Joseph, Concannon, and their allies represent Haiti's best hope to escape the cycle of disaster, corruption, and violence that has characterized the country's two-hundred-year history. At the same time, their efforts are creating a template for a new and more effective human rights-focused strategy to turn around failed states and end global poverty.
How Human Rights Can Build Haiti: Activists, Lawyers, and the Grassroots Campaign
by Fran QuigleyA cataclysmic earthquake, revolution, corruption, and neglect have all conspired to strangle the growth of a legitimate legal system in Haiti. But as How Human Rights Can Build Haiti demonstrates, the story of lawyers-activists on the ground should give us all hope. They organize demonstrations at the street level, argue court cases at the international level, and conduct social media and lobbying campaigns across the globe. They are making historic claims and achieving real success as they tackle Haiti's cholera epidemic, post-earthquake housing and rape crises, and the Jean-Claude Duvalier prosecution, among other human rights emergencies in Haiti. The only way to transform Haiti's dismal human rights legacy is through a bottom-up social movement, supported by local and international challenges to the status quo. That recipe for reform mirrors the strategy followed by Mario Joseph, Brian Concannon, and their clients and colleagues profiled in this book. Together, Joseph, Concannon, and their allies represent Haiti's best hope to escape the cycle of disaster, corruption, and violence that has characterized the country's two-hundred-year history. At the same time, their efforts are creating a template for a new and more effective human rights-focused strategy to turn around failed states and end global poverty.
How Humans Judge Machines
by Cesar A. Hidalgo Diana Orghiain Jordi Albo Canals Filipa De Almeida Natalia MartinHow people judge humans and machines differently, in scenarios involving natural disasters, labor displacement, policing, privacy, algorithmic bias, and more.How would you feel about losing your job to a machine? How about a tsunami alert system that fails? Would you react differently to acts of discrimination depending on whether they were carried out by a machine or by a human? What about public surveillance? How Humans Judge Machines compares people's reactions to actions performed by humans and machines. Using data collected in dozens of experiments, this book reveals the biases that permeate human-machine interactions. Are there conditions in which we judge machines unfairly? Is our judgment of machines affected by the moral dimensions of a scenario? Is our judgment of machine correlated with demographic factors such as education or gender? César Hidalgo and colleagues use hard science to take on these pressing technological questions. Using randomized experiments, they create revealing counterfactuals and build statistical models to explain how people judge artificial intelligence and whether they do it fairly. Through original research, How Humans Judge Machines bring us one step closer tounderstanding the ethical consequences of AI.
How Insurance Companies Settle Cases
by David FrangiamoreHow Insurance Companies Settle Cases Speed up the processing of your claims and reduce your frustration with insurance companies with How Insurance Companies Settle Cases. Knowing how insurance companies operate can help you obtain fair settlements faster. By learning what counts with the home office and what doesn't, you can present your case in its best light with minimum wasted effort, and make both you and your case stand out. This book gives you insider information that reveals how insurance companies evaluate and negotiate claims. Find answers to these questions: * How do insurance companies value cases? * What do adjusters need to settle a case? * Who makes the real decisions on insurance cases? * How do insurance companies value pre-existing injuries? * How do I prove my client really suffers from a soft tissue injury? * What is the structure of most claims departments? * How do I learn policy limits and get a copy of the insurance policy?
How Judges Judge: Empirical Insights into Judicial Decision-Making
by Brian M. BarryA judge’s role is to make decisions. This book is about how judges undertake this task. It is about forces on the judicial role and their consequences, about empirical research from a variety of academic disciplines that observes and verifies how factors can affect how judges judge. On the one hand, judges decide by interpreting and applying the law, but much more affects judicial decision-making: psychological effects, group dynamics, numerical reasoning, biases, court processes, influences from political and other institutions, and technological advancement. All can have a bearing on judicial outcomes. In How Judges Judge: Empirical Insights into Judicial Decision-Making, Brian M. Barry explores how these factors, beyond the law, affect judges in their role. Case examples, judicial rulings, judges’ own self-reflections on their role and accounts from legal history complement this analysis to contextualise the research, make it more accessible and enrich the reader’s understanding and appreciation of judicial decision-making. Offering research-based insights into how judges make the decisions that can impact daily life and societies around the globe, this book will be of interest to practising and training judges, litigation lawyers and those studying law and related disciplines.
How Judges Think
by Richard A. PosnerA distinguished and experienced appellate court judge, Richard A. Posner offers in this new book a unique and, to orthodox legal thinkers, a startling perspective on how judges and justices decide cases. When conventional legal materials enable judges to ascertain the true facts of a case and apply clear pre-existing legal rules to them, Posner argues, they do so straightforwardly; that is the domain of legalist reasoning. However, in non-routine cases, the conventional materials run out and judges are on their own, navigating uncharted seas with equipment consisting of experience, emotions, and often unconscious beliefs. In doing so, they take on a legislative role, though one that is confined by internal and external constraints, such as professional ethics, opinions of respected colleagues, and limitations imposed by other branches of government on freewheeling judicial discretion. Occasional legislators, judges are motivated by political considerations in a broad and sometimes a narrow sense of that term. In that open area, most American judges are legal pragmatists. Legal pragmatism is forward-looking and policy-based. It focuses on the consequences of a decision in both the short and the long term, rather than on its antecedent logic. Legal pragmatism so understood is really just a form of ordinary practical reasoning, rather than some special kind of legal reasoning. Supreme Court justices are uniquely free from the constraints on ordinary judges and uniquely tempted to engage in legislative forms of adjudication. More than any other court, the Supreme Court is best understood as a political court.
How Lawyers Lose Their Way: A Profession Fails Its Creative Minds
by Richard Delgado Jean StefancicIn this penetrating book, Jean Stefancic and Richard Delgado use historical investigation and critical analysis to diagnose the cause of the pervasive unhappiness among practicing lawyers. Most previous writers have blamed the high rate of burnout, depression, divorce, and drug and alcohol dependency among these highly paid professionals on the narrow specialization, long hours, and intense pressures of modern legal practice. Stefancic and Delgado argue that these professional demands are only symptoms of a deeper problem: the way lawyers are taught to think and reason. They show how legal education and practice have been rendered arid and dull by formalism, a way of thinking that values precedent and doctrine above all, exalting consistency over ambiguity, rationality over emotion, and rules over social context and narrative. Stefancic and Delgado dramatize the plight of modern lawyers by exploring the unlikely friendship between Archibald MacLeish, who gave up a successful but unsatisfying law career to pursue his literary yearnings, and Ezra Pound. Reading the forty-year correspondence between MacLeish and Pound, Stefancic and Delgado draw lessons about the difficulties of attorneys trapped in worlds that give them power, prestige, and affluence but not personal satisfaction, much less creative fulfillment. Long after Pound had embraced fascism, descended into lunacy, and been institutionalized, MacLeish took up his old mentor's cause, turning his own lack of fulfillment with the law into a meaningful crusade and ultimately securing Pound's release from St. Elizabeths Hospital. Drawing on MacLeish's story, Stefancic and Delgado contend that literature, public interest work, and critical legal theory offer tools to contemporary attorneys for finding meaning and overcoming professional dissatisfaction.
How Leading Lawyers Think
by Randall KiserIn this book, 78 leading attorneys in California and New York describe how they evaluate, negotiate and resolve litigation cases. Selected for their demonstrated skill in predicting trial outcomes and knowing when cases should be settled or taken to trial, these attorneys identify the key factors in case evaluation and share successful strategies in pre-trial discovery, negotiation, mediation, and trials. Integrating law and psychology, the book shows how skilled attorneys mentally frame cases, understand jurors' perspectives, develop persuasive themes and arguments and achieve exceptional results for clients.
How Legal Theory Can Save the Life of Healthcare Ethics (The International Library of Bioethics #101)
by Ann M. HeestersThis book argues that legal theory provides a jumping-off point for the study of controversial topics related to the work of Practicing Healthcare Ethicists (PHEs). Healthcare ethics consultation has had a place in healthcare for many decades yet the nature of the work is not well understood by many of its critics as well as its defenders. PHEs have been described as compromised and ineffectual, politicised and undemocratic, and their promise to offer sound advice has been deemed irredeemably incoherent in the context of value pluralism. Legal theorists have long attended to the relationship between law and morality, and the supposed tension between democracy and the role of an expert judiciary. An appreciation that these debates are not unique to the practice of healthcare ethics can help PHEs to engage critics with a renewed confidence and some fresh approaches to perennial, and hitherto unproductive, arguments. This book will be of great interest to practicing healthcare ethicists, as well as those who rely upon their services (healthcare professionals and healthcare leaders, patients, and their families) as well as academics working in the broader field of bioethics.
How Machines Came to Speak: Media Technologies and Freedom of Speech (Sign, Storage, Transmission)
by Jennifer PetersenIn How Machines Came to Speak Jennifer Petersen constructs a genealogy of how legal conceptions of “speech” have transformed over the last century in response to new media technologies. Drawing on media and legal history, Petersen shows that the legal category of speech has varied considerably, evolving from a narrow category of oratory and print publication to a broad, abstract conception encompassing expressive nonverbal actions, algorithms, and data. She examines a series of pivotal US court cases in which new media technologies—such as phonographs, radio, film, and computer code—were integral to this shift. In judicial decisions ranging from the determination that silent films were not a form of speech to the expansion of speech rights to include algorithmic outputs, courts understood speech as mediated through technology. Speech thus became disarticulated from individual speakers. By outlining how legal definitions of speech are indelibly dependent on technology, Petersen demonstrates that future innovations such as artificial intelligence will continue to restructure speech law in ways that threaten to protect corporate and institutional forms of speech over the rights and interests of citizens.
How Many More Women?: The silencing of women by the law and how to stop it
by Jennifer Robinson Keina Yoshida'Compelling... brilliant but shaming.' CHERIE BLAIR, KC'Crucial reading for any person wanting to fight against all forms of gendered abuse.' JESS PHILLIPS, MP'This book is another brick through the windows of our legal systems: a brilliant, trenchant analysis of what is wrong with the law.' HELENA KENNEDY, KC We are in a crucial moment: women are breaking through the cultural reticence around gender-based violence. But just as survivors have begun to feel empowered to speak out, a new form of systematic silencing has made itself more evident: rich and powerful men are using teams of lawyers to suppress allegations and prevent newspaper stories from running. Individual women, advocacy groups and journalists find themselves fighting against censorship. The law is being wielded to reinforce the status quo of silence that existed before #MeToo.If women cannot speak about their abuse - and journalists are fearful of telling their stories - then how can we understand the problem of gender-based violence in our society? And how can we even begin to end it?In How Many More Women? internationally-acclaimed human rights lawyers, Jennifer Robinson and Keina Yoshida, examine the broken systems and explore the changes needed in order to ensure that women's freedom, including their freedom of speech, is no longer threatened by the laws that are supposed to protect them.
How Mass Atrocities End
by Bridget Conley-ZilkicGiven the brutality of mass atrocities, it is no wonder that one question dominates research and policy: what can we, who are not at risk, do to prevent such violence and hasten endings? But this question skips a more fundamental question for understanding the trajectory of violence: how do mass atrocities actually end? This volume presents an analysis of the processes, decisions, and factors that help bring about the end of mass atrocities. It includes qualitatively rich case studies from Burundi, Guatemala, Indonesia, Sudan, Bosnia, and Iraq, drawing patterns from wide-ranging data. As such, it offers a much needed correction to the popular 'salvation narrative' framing mass atrocity in terms of good and evil. The nuanced, multidisciplinary approach followed here represents not only an essential tool for scholars, but an important step forward in improving civilian protection.
How Medicaid Fails the Poor
by Avik RoyMedicaid, America's government-run health insurance program for the poor, should be a lifeline that provides needed health care to Americans with no other options. Surprisingly, however, it doesn't. The medical literature reveals a $450 billion-a-year scandal: that people on Medicaid have far worse health outcomes than those with private insurance, and no better outcomes than those with no insurance at all.Why is this so? In How Medicaid Fails the Poor, Avik Roy explains how Medicaid's clumsy design and perverse incentives make it hard for people on Medicaid to get the medical care they need. Medicaid doesn't reimburse doctors or hospitals for the cost of caring for Medicaid enrollees, forcing many doctors to opt out of the program.The Affordable Care Act, otherwise known as Obamacare, doubles down on this broken system. Roy shows us that there are better ways, using private insurance, to provide needed care to our poorest citizens.
How Much Energy Does Your Building Use? (Doshorts Ser.)
by Kerry Mashford Liz ReasonWhy do award-winning "green" buildings so often have higher energy bills than ordinary buildings? Why do expensive refurbishments deliver outcomes that are far from the promises of improved sustainability? Why does your building have high running costs and still the occupants complain about being too cold or too hot and are otherwise dissatisfied?The failure of many countries to produce buildings that are comfortable with excellent energy performance is a scandal. Achieving low energy buildings does not involve learning rocket science: just some basic building physics, a clear language for talking meaningfully about energy-efficient outcomes with all those in the buildings cycle, and an outlook that casts a new low energy perspective on old problems. This book provides that common language. It outlines a path towards understanding what makes for a good quality low energy building, the stakeholders that need to be engaged, and encourages new ways of thinking about how to reduce energy use and costs.This book is for everyone in the buildings cycle, from CEOs of major construction companies to Sustainability, Energy, Environment, Facilities and Utilities managers in any company that aims to reduce energy use in a non-domestic building.