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An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under "states of exception," most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
An argument for why emergencies are no excuse for extralegal action by presidents Using emergency as a cause for action ultimately leads to an almost unnoticed evolution in the political understanding of presidential powers. The Constitution, however, was designed to function under “states of exception,” most notably through the separation of powers, and provides ample internal checks on emergency actions taken under claims of necessity. Thomas Crocker urges Congress, the courts, and other bodies to put those checks into practice.
Thomas Edison famously said that genius is 1% inspiration and 99% perspiration. Every day, new solutions, revolutionary cures, and artistic breakthroughs are conceived and squandered by smart people. Along with the gift of creativity come the obstacles to making ideas happen: lack of organisation, lack of accountability and a lack of community support.Scott Belsky has interviewed hundreds of the most productive creative people and teams in the world, revealing a common trait: a carefully trained capacity for ideas execution. Implementing your ideas is a skill that can be taught, and Belsky distils the core principles in this book.While many of us obsess about discovering great new ideas, Belsky shows why it is better to develop the capacity to make ideas happen - using old-fashioned passion and perspiration. Making Ideas Happen reveals the practical yet counterintuitive techniques of "serial creatives" - those few who make their visions a reality.
This book provides close readings of primary texts to analyze the linkage between G.W.F. Hegel’s philosophy and Karl Marx’s critical social theory of necessity and freedom. This is important for three reasons: first, to understand the significance of the changing relationships of work, society, and critical social theory in the origins of Hegelian-Marxism in the US, as documented in the recently published correspondence between the Marxist-Humanist theoretician Raya Dunayevskaya and the critical theorist Herbert Marcuse; second, to identify the intersections of the Critical Theorists Jurgen Habermas’ and Marcuse’s influential reinterpretations of Marx’s “value theory” of economy and society that enables navigation of the changing relationships of the social and economic spheres in the last century, as developed in Marx’s Grundrisse; and, thirdly, to assess the potential of Moishe Postone’s renewal of Marx’s value theory, largely conceived by the notion of a necessity and freedom dialectic intrinsic to capitalism.
Legal theory must become more factual and empirical and less conceptual and polemical, Richard Posner argues in this wide-ranging new book. The topics covered include the structure and behavior of the legal profession; constitutional theory; gender, sex, and race theories; interdisciplinary approaches to law; the nature of legal reasoning; and legal pragmatism. Posner analyzes, in witty and passionate prose, schools of thought as different as social constructionism and institutional economics, and scholars and judges as different as Bruce Ackerman, Robert Bork, Ronald Dworkin, Catharine MacKinnon, Richard Rorty, and Patricia Williams. He also engages challenging issues in legal theory that range from the motivations and behavior of judges and the role of rhetoric and analogy in law to the rationale for privacy and blackmail law and the regulation of employment contracts. Although written by a sitting judge, the book does not avoid controversy; it contains frank appraisals of radical feminist and race theories, the behavior of the German and British judiciaries in wartime, and the excesses of social constructionist theories of sexual behavior. Throughout, the book is unified by Posner's distinctive stance, which is pragmatist in philosophy, economic in methodology, and liberal (in the sense of John Stuart Mill's liberalism) in politics. Brilliantly written, eschewing jargon and technicalities, it will make a major contribution to the debate about the role of law in our society.
From one of our leading scholars of comparative constitutionalism, advice for everyone involved in the surprisingly common practice of constitution-writing Enhancing prospects for democracy is an important objective in the process of creating a new constitution. Donald L. Horowitz argues that constitutional processes ought to be geared to securing commitment to democracy by those who participate in them. Using evidence from numerous constitutional processes, he makes a strong case for a process intended to increase the likelihood of a democratic outcome. He also assesses tradeoffs among various process attributes and identifies some that might impede democratic outcomes. This book provides a fresh perspective on constitutional processes that will interest students and scholars. It also offers sound advice for everyone involved in the surprisingly common practice of constitution‑writing.
A leading American legal scholar offers a surprising account of the incompleteness of prevailing theories of freedom of speech. Robert C. Post shows that the familiar understanding of the First Amendment, which stresses the “marketplace of ideas” and which holds that "everyone is entitled to an opinion," is inadequate to create and preserve the expert knowledge that is necessary for a modern democracy to thrive. For a modern society reliably to answer such questions as whether nicotine causes cancer, the free and open exchange of ideas must be complemented by standards of scientific competence and practice that are both hierarchical and judgmental. Post develops a theory of First Amendment rights that seeks to explain both the need for the free formation of public opinion and the need for the distribution and creation of expertise. Along the way he offers a new and useful account of constitutional doctrines of academic freedom. These doctrines depend both upon free expression and the necessity of the kinds of professional judgment that universities exercise when they grant or deny tenure, or that professional journals exercise when they accept or reject submissions.