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A Mere Machine
by Anna HarveyIntroductory textbooks on American government tell us that the Supreme Court is independent from the elected branches and that independent courts better protect rights than their more deferential counterparts. But are these facts or myths? In this groundbreaking new work, Anna Harvey reports evidence showing that the Supreme Court is in fact extraordinarily deferential to congressional preferences in its constitutional rulings. Analyzing cross-national evidence, Harvey also finds that the rights protections we enjoy in the United States appear to be largely due to the fact that we do not have an independent Supreme Court. In fact, we would likely have even greater protections for political and economic rights were we to prohibit our federal courts from exercising judicial review altogether. Harvey's findings suggest that constitutional designers would be wise to heed Thomas Jefferson's advice to "let mercy be the character of the law-giver, but let the judge be a mere machine.&rdquo
A Ministry of Presence: Chaplaincy, Spiritual Care, and the Law
by Winnifred Fallers SullivanMost people in the United States today no longer live their lives under the guidance of local institutionalized religious leadership, such as rabbis, ministers, and priests; rather, liberals and conservatives alike have taken charge of their own religious or spiritual practices. This shift, along with other social and cultural changes, has opened up a perhaps surprising space for chaplains—spiritual professionals who usually work with the endorsement of a religious community but do that work away from its immediate hierarchy, ministering in a secular institution, such as a prison, the military, or an airport, to an ever-changing group of clients of widely varying faiths and beliefs. In A Ministry of Presence, Winnifred Fallers Sullivan explores how chaplaincy works in the United States—and in particular how it sits uneasily at the intersection of law and religion, spiritual care, and government regulation. Responsible for ministering to the wandering souls of the globalized economy, the chaplain works with a clientele often unmarked by a specific religious identity, and does so on behalf of a secular institution, like a hospital. Sullivan's examination of the sometimes heroic but often deeply ambiguous work yields fascinating insights into contemporary spiritual life, the politics of religious freedom, and the never-ending negotiation of religion's place in American institutional life.
A Ministry of Risk: Writings on Peace and Nonviolence
by Philip BerriganExperience the powerful legacy of Philip Berrigan’s nonviolent resistance to war and empireFrom the battlefields of World War II to the front lines of peace activism, Philip Berrigan evolved from soldier to scholar, priest to political prisoner. Confronting the fundamental nature of America’s military-focused culture, Berrigan took an unyielding stance against societal evils—war, systemic racism, unchecked materialism, and the baleful presence of nuclear weapons. Imprisoned by his government and ostracized by his Church, Berrigan’s life is a courageous example of nonviolent resistance and liberation in the face of overwhelming odds.A Ministry of Risk is the definitive collection of Philip Berrigan’s writings. Authorized by the Berrigan family and arranged chronologically, these writings depict the transformation of one revolutionary soul while also providing a firsthand account of a nation grappling with its martial obsessions.Threading the vibrant fabric of history with autobiographical insights, introspective theology, and a clarion call to activism, A Ministry of Risk offers both a living manifesto of nonviolent resistance and a journal of spiritual reflection by one of the 20th century’s most prophetic voices.
A Mobile Century?: Changes in Everyday Mobility in Britain in the Twentieth Century (Transport and Mobility)
by Colin G. Pooley Jean Turnbull Mags AdamsFor most people in the developed world, the ability to travel freely on a daily basis is almost taken for granted. Although there is a large volume of literature on contemporary mobility and associated transport problems, there are no comprehensive studies of the ways in which these trends have changed over time. This book provides a detailed empirical analysis of mobility change in Britain over the twentieth century. Beginning with an explanatory theoretical overview, setting the UK case studies within an international context, the book then analyses changes in the journey to school, the journey to work, and travelling for pleasure. It also looks at the ways in which changes in mobility have interacted with changes in the family life cycle and assesses the impact of new transport technologies on everyday mobility. It concludes by examining the implications of past mobility change for contemporary transport policy.
A Moderate Compromise
by Steven SuranovicLooking at all sides of the globalization debate, this book analyzes how international economic policy is made and how it has become so controversial. The author offers a solution to the debate between free trade/unregulated markets and the push for greater government involvement that is consistent with both economic efficiency and social justice
A Modern Credit Rating Agency: The Story of Moody’s (Routledge Studies in Corporate Governance)
by Daniel CashThis book aims to present a picture of one of the world’s leading credit rating agencies. Credited as being the first credit rating agency, Moody’s stands as the epitome of the rating sector and all that it effects. However, outside of internal and non-public histories compiled within the rating agency itself, the story of Moody’s has never been told, until now. However, this is not a historical book. Rather, this book paints a picture of Moody’s on a wider canvas that introduces the concept of rating to you, taking into account the origins of the sector, the competitive battles that formed the modern-day oligopoly, and the characters that have each taken their turn on sculpting the industry that, today, is critical to the modern economy. The book is a story of personable people who provided the market with what it needed, but it is more than that. It is a story of conflict, impact, strategy, and most of all the relationship between big business and modern society. Standing as the gatekeeper to the capital markets that form the core of modern society, Moody’s represents the very best of what the marketplace can produce, but also the very worst. This story takes in economic crises in the antebellum US, the Panics of the early 1900s, the Wall Street Crash and the Great Depression and, of course, the Global Financial Crisis. It does this because, at the heart of each one was a member of the rating industry or the reporting industry that preceded it. Associated with almost any financial scandal you may care to remember the credit rating agencies, in their often-uncomfortable role as gatekeepers, have their fingerprints on most financial scandals and calamities. This book tells the story of the industry’s founding member.
A Modern Credit Rating Agency: The Story of Moody’s (Routledge Studies in Corporate Governance)
by Daniel CashThis book aims to present a picture of one of the world’s leading credit rating agencies. Credited as being the first credit rating agency, Moody’s stands as the epitome of the rating sector and all that it effects. However, outside of internal and non-public histories compiled within the rating agency itself, the story of Moody’s has never been told, until now. However, this is not a historical book. Rather, this book paints a picture of Moody’s on a wider canvas that introduces the concept of rating to you, taking into account the origins of the sector, the competitive battles that formed the modern-day oligopoly, and the characters that have each taken their turn on sculpting the industry that, today, is critical to the modern economy.The book is a story of personable people who provided the market with what it needed, but it is more than that. It is a story of conflict, impact, strategy, and most of all the relationship between big business and modern society. Standing as the gatekeeper to the capital markets that form the core of modern society, Moody’s represents the very best of what the marketplace can produce, but also the very worst. This story takes in economic crises in the antebellum US, the Panics of the early 1900s, the Wall Street Crash and the Great Depression and, of course, the Global Financial Crisis. It does this because, at the heart of each one was a member of the rating industry or the reporting industry that preceded it. Associated with almost any financial scandal you may care to remember the credit rating agencies, in their often-uncomfortable role as gatekeepers, have their fingerprints on most financial scandals and calamities. This book tells the story of the industry’s founding member.
A Modern History of Forgotten Genocides and Mass Atrocities
by Jeffrey S. Bachman Esther Brito RuizThis is the first textbook of its kind to amass cases of genocide and other mass atrocities across the nineteenth, twentieth, and twenty-first centuries that have largely been pushed to the periphery of Genocide Studies or “forgotten” altogether.Divided into four thematic sections – Genocide and Imperialism; War and Genocide; State Repression, Military Dictatorships, and Genocide; and Human-Caused Famine, Attrition, and Genocide – A Modern History of Forgotten Genocides and Mass Atrocities covers five continents, including case studies from Biafra, Yemen, Argentina, Russia, China, and Bengal. They range from the French conquest of Algeria in the mid-nineteenth century to the Yazidi genocide perpetrated by the Islamic State in Iraq and Syria between 2014 and 2017, and show that at times of rising authoritarianism, military conquest, and weaponization of hunger, lines between what is war and what is genocide are increasingly blurred. By including genocides and mass atrocities that are often overlooked, this volume is crucial to the ongoing debates about whether “this atrocity or that one” amounts to genocide.By including key points, events, terms, and critical questions throughout, this is the ideal textbook for undergraduate students who study genocide, mass atrocities, and human rights across the globe.
A Modern History of German Criminal Law
by Thomas Vormbaummichael BohlanderIncreasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system's genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law's provenance, in other words its historical DNA.
A Modern Introduction to Moral Philosophy
by Alan MontefioreOriginally published in 1958, this book shows how a systematic consideration of what exactly may be meant by calling anything ‘good’, inevitably leads on to the more general and fundamental problem of the relations between value-judgments and statements of fact. It does on to explain some of the difficult and far-reaching issues which this problem involves. The book is intended as an introduction for students interested in finding out the nature and point of modern methods of philosophic analysis when applied to problems of moral philosophy.
A Modern Legal Ethics: Adversary Advocacy in a Democratic Age
by Daniel MarkovitsA Modern Legal Ethics proposes a wholesale renovation of legal ethics, one that contributes to ethical thought generally. Daniel Markovits reinterprets the positive law governing lawyers to identify fidelity as its organizing ideal. Unlike ordinary loyalty, fidelity requires lawyers to repress their personal judgments concerning the truth and justice of their clients' claims. Next, the book asks what it is like--not psychologically but ethically--to practice law subject to the self-effacement that fidelity demands. Fidelity requires lawyers to lie and to cheat on behalf of their clients. However, an ethically profound interest in integrity gives lawyers reason to resist this characterization of their conduct. Any legal ethics adequate to the complexity of lawyers' lived experience must address the moral dilemmas immanent in this tension. The dominant approaches to legal ethics cannot. Finally, A Modern Legal Ethics reintegrates legal ethics into political philosophy in a fashion commensurate to lawyers' central place in political practice. Lawyerly fidelity supports the authority of adjudication and thus the broader project of political legitimacy. Throughout, the book rejects the casuistry that dominates contemporary applied ethics in favor of an interpretive method that may be mimicked in other areas. Moreover, because lawyers practice at the hinge of modern morals and politics, the book's interpretive insights identify--in an unusually pure and intense form--the moral and political conditions of all modernity.
A Modern Legal History of Treasure (Palgrave Modern Legal History)
by N.M. DawsonThis book examines treasure law and practice from the rise of the new science of archaeology in the early Victorian period to the present day. Drawing on largely-unexamined state records and other archives, the book covers several legal jurisdictions: England and Wales, Scotland, Ireland pre- and post-independence, and post-partition Northern Ireland. From the Mold gold cape (1833) to the Broighter hoard (1896), from Sutton Hoo (1939) to the Galloway hoard (2014), the law of treasure trove, and the Treasure Act 1996, are considered through the prism of notable archaeological discoveries, and from the perspectives of finders, landowners, archaeologists, museum professionals, collectors, the state, and the public. Literally and metaphorically, treasure law is revealed as a ground-breaking chapter in the history of the legal protection of cultural property and cultural heritage in Britain and Ireland.
A Modern Treatise on the Principle of Legality in Criminal Law
by Gabriel HallevyThis book discusses legality, one of the four main principles of criminal law, and is divided into six parts, according to the scientific understanding of this key concept. Chapter 1 explores the relation between legality and the general theory of criminal law in the context of the structure and development of legality in human society. This chapter also outlines the four secondary principles of legality and describes them in general terms. Chapters 2-5 discuss in detail each of the four secondary principles (Legitimate Sources of the Criminal Norm; Applicability of the Criminal Norm in Time; Applicability of the Criminal Norm in Place; and Interpretation of the Criminal Norm). Finally, Chapter 6 rounds out the discussion by addressing the problem of the conflict of laws.
A Moonless, Starless Sky: Ordinary Women and Men Fighting Extremism in Africa
by Alexis Okeowo"Absolutely essential reading, period."---Alexandra Fuller, bestselling author of Don't Let's Go to the Dogs Tonight In the tradition of Behind the Beautiful Forevers, this is a masterful, humane work of literary journalism by New Yorker staff writer Alexis Okeowo--a vivid narrative of Africans who are courageously resisting their continent's wave of fundamentalism.In A Moonless, Starless Sky Okeowo weaves together four narratives that form a powerful tapestry of modern Africa: a young couple, kidnap victims of Joseph Kony's LRA; a Mauritanian waging a lonely campaign against modern-day slavery; a women's basketball team flourishing amid war-torn Somalia; and a vigilante who takes up arms against the extremist group Boko Haram. This debut book by one of America's most acclaimed young journalists illuminates the inner lives of ordinary people doing the extraordinary--lives that are too often hidden, underreported, or ignored by the rest of the world.
A Moral Defense of Prostitution
by Rob LoveringIs prostitution immoral? In this book, Rob Lovering argues that it is not. Offering a careful and thorough critique of the many—twenty, to be exact—arguments for prostitution's immorality, Lovering leaves no claim unchallenged. Drawing on the relevant literature along with his own creative thinking, Lovering offers a clear and reasoned moral defense of the world's oldest profession. Lovering demonstrates convincingly, on both consequentialist and nonconsequentialist grounds, that there is nothing immoral about prostitution between consenting adults. The legal implications of this view are also brought to bear on the current discourse surrounding this controversial topic.
A Moral Military, Revised and Expanded Edition
by Sidney AxinnShould a good soldier ever disobey a direct military order? Are there restrictions on how we fight a war? What is meant by 'military honor', and does it really affect the contemporary soldier? Is human dignity possible under battlefield conditions? Sidney Axinn considers these basic ethical questions within the context of the laws of warfare and answers 'yes' to each of these questions. In this study of the conduct of war, he examines actions that are honorable or dishonorable and provides the first full-length treatment of the military conventions from a philosophical point of view. Axinn gives a philosophical analysis of the 'Laws of Warfare' as found in the Hague and Geneva Conventions, which have been agreed to by almost every nation in the world. The aims of his study are to establish a basic twentieth-century framework for moral military action and to assist military personnel in analyzing their won professional ethic.Stating that moral reasoning is required by people in military uniform in a wide variety of situations, the author examines the question of the limits of military obedience. Axinn argues for the seriousness of the concept of military honor but limits honorable military activity by a strict interpretation of the notion of war crime. Major chapters deal with military honor, prisoners of war, spying, war crimes, the dirty-hands theory of command, nuclear weapons, terrorism, and covert operations. This philosophical study of the line between honorable and dishonorable military action cautions that in compliance with the war conventions professional military personnel and knowledgeable civilians must not lose their moral nerve nor abandon honor to satisfy immoral political requests. Author note: Sidney Axinn is Professor of Philosophy at Temple University.
A Mosaic of Indigenous Legal Thought: Legendary Tales and Other Writings
by C.F. BlackThis book offers an Indigenous supplement to the rich and growing area of visual legal scholarship. Organized around three narratives, each with an associated politico-poetic reading, the book addresses three major global issues: climate change, the trade in human body parts and bio-policing. Manifesting and engaging the traditional storytelling mode of classical Indigenous ontology, these narratives convey legal and political knowledge, not merely through logical argument, but rather through the feelings of law and the understanding of lawful behaviour produced by their rhythm. Through its own performativity, therefore, the book demonstrates how classical Indigenous legal traditions remain vital to the now pressing challenge of making peace with the earth.
A Most Wicked Conspiracy: The Last Great Swindle of the Gilded Age
by Paul StarobinA tale of Gilded Age corruption and greed from the frontier of Alaska to America's capital.In the feverish, money-making age of railroad barons, political machines, and gold rushes, corruption was the rule, not the exception. Yet the Republican mogul "Big Alex" McKenzie defied even the era's standard for avarice. Charismatic and shameless, he arrived in the new Alaskan territory intent on controlling gold mines and draining them of their ore. Miners who had rushed to the frozen tundra to strike gold were appalled at his unabashed deviousness.A Most Wicked Conspiracy recounts McKenzie's plot to rob the gold fields. It's a story of how America's political and economic life was in the grip of domineering, self-dealing, seemingly-untouchable party bosses in cahoots with robber barons, Senators and even Presidents. Yet it is also the tale of a righteous resistance of working-class miners, muckraking journalists, and courageous judges who fought to expose a conspiracy and reassert the rule of law.Through a bold set of characters and a captivating narrative, Paul Starobin examines power and rampant corruption during a pivotal time in America, drawing undoubted parallels with present-day politics and society.
A Mother's Touch: The Tiffany Callo Story
by Jay MathewsThe author, a journalist, retraces the life of Tiffany Callo and her battle to regain custody of her two children. Tiffany, a teenage mother living on public assistence, was deemed an unfit mother by the children's services of Santa Clara County, CA. Her disability - cerebral palsy - was used as a major strike against her. Callo's case aroused wide publicity and helped arouse interest in the rights and concerns of parents with disabilities.
A Mouse in a Cage: Rethinking Humanitarianism and the Rights of Lab Animals
by Carrie FrieseQuestions the treatment of laboratory animals in biomedical researchLaboratory animals are often used to develop medical treatments: vaccines, antibiotics, and organ transplants have all relied upon animal testing to ensure safety and success for human benefit. Yet the relationship between the scientific community's dependence on laboratory animals and the recognition of the need to treat these animals with respect and compassion has given rise to a profound tension.As animals are increasingly understood to have rights and autonomy, Carrie Friese posits that, while care and compassion for a distant other who suffers are central to humanitarianism, the idea of a distant other itself, which has shaped work with laboratory animals both historically and today, has enacted forms of highly problematic paternalism, creating a double bind. Focusing on the lives of laboratory mice and rats in the United Kingdom, and on the people who take care of, and often kill, these animals, Friese gives the name of “more-than-human humanitarianism” to contradictory practices of suffering and compassion, killing and sacrifice, and compassion and consent that she witnessed in a variety of animal facilities and laboratories.Friese proposes a new approach to the treatment of laboratory animals that recognizes the interconnectedness of all species and how human actions impact the welfare of other species and the planet as a whole. A Mouse in a Cage is an essential contribution to the ongoing conversation about the ethical treatment of animals.
A Mulher Deve Ser Livre: Em Defesa das Mulheres (Mulheres Acorrentadas - Livro 4 #4)
by Mary KingEm um mundo no qual ela acredita que homens e mulheres não têm direitos iguais perante a lei, dias de liberdade de Emelisa estão contados. Como defesa, Emelisa deve confiar no advogado de defesa Humphrey, um ativista dos direitos humanos e membro de longa data de uma organização poderosa, Salve as Mulheres Negras.
A Multicultural Entrapment: Religion and State Among the Palestinian-Arabs in Israel
by Michael KarayanniThe religion and state debate in Israel has overlooked the Palestinian-Arab religious communities and their members, focusing almost exclusively on Jewish religious institutions and norms and Jewish majority members. Because religion and state debates in many other countries are defined largely by minority religions' issues, the debate in Israel is anomalous. Michael Karayanni advances a legal matrix that explains this anomaly by referencing specific constitutional values. At the same time, he also takes a critical look at these values and presents the argument that what might be seen as liberal and multicultural is at its core just as illiberal and coercive. In making this argument, A Multicultural Entrapment suggests a set of multicultural qualifications by which one should judge whether a group based accommodation is of a multicultural nature.
A Murmuration of Starlings
by Jake Adam YorkThis book elegizes the martyrs of the civil rights movement, whose names are inscribed on the stone table of the Civil Rights Memorial in Montgomery, Alabama. <P><P> Individually, Jake Adam York’s poems are elegies for individuals; collectively, they consider the violence of a racist culture and the determination to resist that racism. York follows Sun Ra, a Birmingham jazz musician whose response to racial violence was to secede from planet Earth, considers the testimony in the trial of J. W. Milam and Roy Bryant for the murder of Emmet Till in 1955, and recreates events of Selma, Alabama, in 1965. Throughout the collection, an invasion of starlings images the racial hatred and bloodshed. <P><P>While the 1950s spawned violence, the movement in the early 1960s transformed the language of brutality and turned the violence against the violent, says York. So, the starlings, first produced by violence, become instruments of resistance. York’s collection responds to and participates in recent movements to find and punish the perpetrators of the crimes that defined the civil rights movement. This book participates in the search for justice, satisfaction, and closure.
A Muslim Reformist in Communist Yugoslavia: The Life and Thought of Husein Đozo (Contemporary Thought in the Islamic World)
by Sejad MekićA Muslim Reformist in Communist Yugoslavia examines the Islamic modernist thought of Husein Đozo, a prominent Balkan scholar. Born at a time when the external challenges to the Muslim world were many, and its internal problems both complex and overwhelming, Đozo made it his goal to reinterpret the teachings of the Qur’an and hadīth (prophetic tradition) to a generation for whom the truths and realities of Islam had fallen into disuse. As a Muslim scholar who lived and worked in a European, communist, multi-cultural and multi-religious society, Husein Đozo and his work present us with a particularly exciting account through which to examine the innovative interpretations of Islam. <p><P>For example, through a critical analysis of Đozo’s most significant fatwās and other relevant materials, this book examines the extent of the inherent flexibility of the Islamic law and its ability to respond to Muslim interests in different socio-political conditions. Since Đozo’s writings in general and his fatwās in particular have continued to be published in the Balkan lands up to the present, this monograph should help shed some light on certain assumptions underlying modern Islamic thought and consciousness found in the region.
A Naked Singularity
by Sergio De La PavaNOW A MAJOR FILM STARRING JOHN BOYEGA, OLIVIA COOKE AND BILL SKARSGÅRD"The Wire written by Voltaire" Sunday Times"Crime and Punishment as reimagined by the Coen Brothers" The MillionsCasi is a hotshot public defender working on the front line of America's War on Drugs. So far he's on the winning side. He's never lost a case. But nothing lasts forever, and pride like his has a long way to fall. Funny, smart and always surprising, A Naked Singularity speaks a language all of its own and reads like nothing else ever written. Casi's beautiful mind and planetary intelligence make him an inimitable and unforgettable narrator. In De La Pava's hands, the labyrinthine miseries of the New York Justice System are as layered and diabolical as Dante's nine circles of Hell. But the Devil doesn't hog the best lines. There are plenty here to go around.