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Author : David Rudenstine
Publisher : Oxford University Press
Page : 345 pages
File Size : 21,30 MB
Release : 2016
Category : Law
ISBN : 0199381488
The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II.
Author : David Rudenstine
Publisher : Oxford University Press
Page : 345 pages
File Size : 17,69 MB
Release : 2016-07-20
Category : Law
ISBN : 019938150X
In October 1948-one year after the creation of the U.S. Air Force as a separate military branch-a B-29 Superfortress crashed on a test run, killing the plane's crew. The plane was constructed with poor materials, and the families of the dead sued the U.S. government for damages. In the case, the government claimed that releasing information relating to the crash would reveal important state secrets, and refused to hand over the requested documents. Judges at both the U.S. District Court level and Circuit level rejected the government's argument and ruled in favor of the families. However, in 1953, the Supreme Court reversed the lower courts' decisions and ruled that in the realm of national security, the executive branch had a right to withhold information from the public. Judicial deference to the executive on national security matters has increased ever since the issuance of that landmark decision. Today, the government's ability to invoke state secrets privileges goes unquestioned by a largely supine judicial branch. David Rudenstine's The Age of Deference traces the Court's role in the rise of judicial deference to executive power since the end of World War II. He shows how in case after case, going back to the Truman and Eisenhower presidencies, the Court has ceded authority in national security matters to the executive branch. Since 9/11, the executive faces even less oversight. According to Rudenstine, this has had a negative impact both on individual rights and on our ability to check executive authority when necessary. Judges are mindful of the limits of their competence in national security matters; this, combined with their insulation from political accountability, has caused them in matters as important as the nation's security to defer to the executive. Judges are also afraid of being responsible for a decision that puts the nation at risk and the consequences for the judiciary in the wake of such a decision. Nonetheless, The Age of Deference argues that as important as these considerations are in shaping a judicial disposition, the Supreme Court has leaned too far, too often, and for too long in the direction of abdication. There is a broad spectrum separating judicial abdication, at one end, from judicial usurpation, at the other, and The Age of Deference argues that the rule of law compels the court to re-define its perspective and the legal doctrines central to the Age.
Author : Catherine Marshall
Publisher : Springer Nature
Page : 359 pages
File Size : 18,96 MB
Release : 2021-01-13
Category : Science
ISBN : 3030625397
This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions – including the vote in favour of Brexit in June 2016 – are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force.
Author : Ormrod W M Horrox Rosemary
Publisher :
Page : 528 pages
File Size : 21,19 MB
Release : 2014-05-14
Category : Social Science
ISBN : 9780511648595
Drawing together the very best of current historical scholarship, this book provides a comprehensive introduction to English society in the later Middle Ages. Beginning with a discussion of the historiography of the period and debates about demography, the book then explores the full breadth of English life and society.
Author : Catherine Marshall
Publisher :
Page : 0 pages
File Size : 37,67 MB
Release : 2021
Category :
ISBN : 9783030625405
This book explores the concept of deference as used by historians and political scientists. Often confused and judged to be outdated, it shows how deference remains central to understanding British politics to the present day. This study aims to make sense of how political deference has functioned in different periods and how it has played a crucial role in legitimising British politics. It shows how deference sustained what are essentially English institutions, those which dominated the Union well into the second half of the twentieth century until the post-1997 constitutional transformations under New Labour. While many dismiss political and institutional deference as having died out, this book argues that a number of recent political decisions - including the vote in favour of Brexit in June 2016 - are the result of a deferential way of thinking that has persisted through the democratic changes of the twentieth century. Combining close readings of theoretical texts with analyses of specific legal changes and historical events, the book charts the development of deference from the eighteenth century through to the present day. Rather than offering a comprehensive history of deference, it picks out key moments that show the changing nature of deference, both as a concept and as a political force. Catherine Marshall is Professor of British Studies at CY Cergy Paris Université, France. Her research focuses mainly on the history of ideas in mid-Victorian England and the legacy of some of those ideas on twentieth and twenty-first century Britain. She teaches British history and the history of political ideas.
Author : Robin Ryde
Publisher : John Wiley & Sons
Page : 129 pages
File Size : 22,13 MB
Release : 2012-09-24
Category : Business & Economics
ISBN : 1118474473
Over the last few decades, power, information and resources have moved from being concentrated in the hands of a few, to being disbursed across many. We need look no further than events on the world stage to see the heat signature of this – from the arrival of Wikileaks, the Arab Spring of 2011 and the Occupy movements, to the social media revolution and flashpoints such as the British Members of Parliament expenses scandal. All are examples of deep change occurring. This book is about what this means for the workplace and for management. The proposition offered here is that our organisations need to catch up, and that the “death of deference” that we are seeing elsewhere in society needs to be accelerated in the workplace. Systems of deference slow down organisational performance. Deference prevents organisations from learning. It stops them from being agile, innovative and ethical. Deference is the enemy of organisational success and it needs to be dismantled so that in its place we can build modern organisations with a new breed of managers and leaders. This book offers a solution to a problem that belongs in the last century, and a game plan for nothing short of a workplace revolution. "If deference is dead, this book is about the resurrection of the effective manager in a world where nothing is quite the way it used to be. Powerful and thought-provoking from start to finish." - Jeremy Vine, BBC Presenter and Author “Never Mind the Bosses is a refreshing type of management book, it advocates that deference to authority figures needs to go if we are to have engaged workforces.” - Cary L. Cooper, CBE, Distinguished Professor of Organizational Psychology and Health at Lancaster University Management School "An engaging and entertaining romp through the post punk world. By going beyond the boundaries of most business books, Ryde gives us all food for thought about how organisations are, or are not, dealing with a rapidly changing society and workforce." - Jo Owen, bestselling author of ‘How to Manage’ and 'How to Lead' “If you are looking for a book that will shake up your thinking about how to improve your organization’s performance – or worried that your competitors will find it first! – try this one.” - Professor Dutch Leonard, Harvard Business School & Harvard University's John F. Kennedy School of Government
Author : American Bar Association. House of Delegates
Publisher : American Bar Association
Page : 216 pages
File Size : 45,56 MB
Release : 2007
Category : Law
ISBN : 9781590318737
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 : Saba Mahmood
Publisher : Princeton University Press
Page : 254 pages
File Size : 43,92 MB
Release : 2015-11-03
Category : Social Science
ISBN : 0691153280
How secular governance in the Middle East is making life worse—not better—for religious minorities The plight of religious minorities in the Middle East is often attributed to the failure of secularism to take root in the region. Religious Difference in a Secular Age challenges this assessment by examining four cornerstones of secularism—political and civil equality, minority rights, religious freedom, and the legal separation of private and public domains. Drawing on her extensive fieldwork in Egypt with Coptic Orthodox Christians and Bahais—religious minorities in a predominantly Muslim country—Saba Mahmood shows how modern secular governance has exacerbated religious tensions and inequalities rather than reduced them. Tracing the historical career of secular legal concepts in the colonial and postcolonial Middle East, she explores how contradictions at the very heart of political secularism have aggravated and amplified existing forms of Islamic hierarchy, bringing minority relations in Egypt to a new historical impasse. Through a close examination of Egyptian court cases and constitutional debates about minority rights, conflicts around family law, and controversies over freedom of expression, Mahmood invites us to reflect on the entwined histories of secularism in the Middle East and Europe. A provocative work of scholarship, Religious Difference in a Secular Age challenges us to rethink the promise and limits of the secular ideal of religious equality.
Author : William A. Dorman
Publisher : Univ of California Press
Page : 283 pages
File Size : 44,67 MB
Release : 2023-04-28
Category : Political Science
ISBN : 0520909011
No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third World ally. The case of Iran offers a particularly rich view of these dynamics and suggests that the press is far from fulfilling the watchdog role assigned it in democratic theory and popular imagination. This title is part of UC Press's Voices Revived program, which commemorates University of California Press's mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1988. No one seriously interested in the character of public knowledge and the quality of debate over American alliances can afford to ignore the complex link between press and policy and the ways in which mainstream journalism in the U.S. portrays a Third Worl
Author : Erving Goffman
Publisher : Irvington Publishers
Page : 40 pages
File Size : 40,78 MB
Release : 1956
Category : Psychology
ISBN :