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The Colorado State Constitution (Oxford Commentaries on the State Constitutions of the United States)
by Professor Richard Collins Professor Dale OesterleThe Colorado State Constitution provides an outstanding constitutional and historical account of the state's governing charter. It begins with an overview of Colorado's constitutional history, and then provides an in-depth, section-by-section analysis of the entire constitution, detailing important changes that have been made since its drafting. This treatment, which includes a list of cases, index, and bibliography, makes this guide indispensable for students, scholars, and practitioners of the Colorado constitution. The second edition includes an updated history of the constitution that focuses on events and amendments that have transformed the state in recent years including population growth, background and interpretations of Colorado's complex and unique tax revolt, known as TABOR, the state's extensive provisions for direct democracy, the initiative, veto referendum, and recall of elected officials. The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor Lawrence Friedman of New England Law School, Boson, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.
Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property
by Jonathan M. BarnettConventional wisdom holds that robust enforcement of intellectual property (IP) right suppress competition and innovation by shielding incumbents against the entry threats posed by smaller innovators. That assumption has driven mostly successful efforts to weaken US patent protections for over a decade. This book challenges that assumption. In Innovators, Firms, and Markets, Jonathan M. Barnett confronts the reigning policy consensus by analyzing the relationship between IP rights, firm organization, and market structure. Integrating tools and concepts from IP and antitrust law, institutional economics, and political science, real-world understandings of technology markets, and empirical insights from the economic history of the US patent system, Barnett provides a novel framework for IP policy analysis. His cohesive framework explains how robust enforcement of IP rights enables entrepreneurial firms, which are rich in ideas but poor in capital, to secure outside investment and form the cooperative relationships needed to transform a breakthrough innovation into a marketable product. The history of the US patent system and firms' lobbying tendencies show that weakening patent protections removes a critical tool for entrants to challenge incumbents that enjoy difficult-to-match commercialization and financing capacities. Counterintuitively, the book demonstrates that weak IP rights are often the best entry barrier the state can provide to protect entrenched incumbents against disruptive innovators. By challenging common assumptions and offering a powerful integrated framework for understanding how innovation happens and the law's role in that process, Barnett's Innovators, Firms, and Markets provides important insights into how IP law shapes our economy.
Innovators, Firms, and Markets: The Organizational Logic of Intellectual Property
by Jonathan M. BarnettConventional wisdom holds that robust enforcement of intellectual property (IP) right suppress competition and innovation by shielding incumbents against the entry threats posed by smaller innovators. That assumption has driven mostly successful efforts to weaken US patent protections for over a decade. This book challenges that assumption. In Innovators, Firms, and Markets, Jonathan M. Barnett confronts the reigning policy consensus by analyzing the relationship between IP rights, firm organization, and market structure. Integrating tools and concepts from IP and antitrust law, institutional economics, and political science, real-world understandings of technology markets, and empirical insights from the economic history of the US patent system, Barnett provides a novel framework for IP policy analysis. His cohesive framework explains how robust enforcement of IP rights enables entrepreneurial firms, which are rich in ideas but poor in capital, to secure outside investment and form the cooperative relationships needed to transform a breakthrough innovation into a marketable product. The history of the US patent system and firms' lobbying tendencies show that weakening patent protections removes a critical tool for entrants to challenge incumbents that enjoy difficult-to-match commercialization and financing capacities. Counterintuitively, the book demonstrates that weak IP rights are often the best entry barrier the state can provide to protect entrenched incumbents against disruptive innovators. By challenging common assumptions and offering a powerful integrated framework for understanding how innovation happens and the law's role in that process, Barnett's Innovators, Firms, and Markets provides important insights into how IP law shapes our economy.
American States of Nature: The Origins of Independence, 1761-1775
by Mark SomosAmerican States of Nature transforms our understanding of the American Revolution and the early makings of the Constitution. The journey to an independent United States generated important arguments about the existing condition of Americans, in which rival interpretations of the term "state of nature" played a crucial role. "State of nature" typically implied a pre-political condition and was often invoked in support of individual rights to property and self-defense and the right to exit or to form a political state. It could connote either a paradise, a baseline condition of virtue and health, or a hell on earth. This mutable phrase was well-known in Europe and its empires. In the British colonies, "state of nature" appeared thousands of times in juridical, theological, medical, political, economic, and other texts from 1630 to 1810. But by the 1760s, a distinctively American state-of-nature discourse started to emerge. It combined existing meanings and sidelined others in moments of intense contestation, such as the Stamp Act crisis of 1765-66 and the First Continental Congress of 1774. In laws, resolutions, petitions, sermons, broadsides, pamphlets, letters, and diaries, the American states of nature came to justify independence at least as much as colonial formulations of liberty, property, and individual rights did. In this groundbreaking book, Mark Somos focuses on the formative decade and a half just before the American Revolution. Somos' investigation begins with a 1761 speech by James Otis that John Adams described as "a dissertation on the state of nature," and celebrated as the real start of the Revolution. Drawing on an enormous range of both public and personal writings, many rarely or never before discussed, the book follows the development of America's state-of-nature discourse to 1775. The founding generation transformed this flexible concept into a powerful theme that shapes their legacy to this day. No constitutional history of the Revolution can be written without it.
Crime and Punishment in Islamic Law: A Fresh Interpretation
by Mohammad Hashim KamaliIn Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.
Crime and Punishment in Islamic Law: A Fresh Interpretation
by Mohammad Hashim KamaliIn Crime and Punishment in Islamic Law: A Fresh Interpretation, Mohammad Kamali considers problems associated with and proposals for reform of the hudud punishments prescribed by Islamic criminal law, and other topics related to crime and punishment in Shariah. He examines what the Qur'an and hadith say about hudud punishments, as well as just retaliation (qisas), and discretionary punishments (ta'zir), and looks at modern-day applications of Islamic criminal law in 15 Muslim countries. Particular attention is given to developments in Malaysia, a multi-religious society, federal state, and self-described democracy, where a lively debate about hudud has been on-going for the last three decades. Malaysia presents a particularly interesting case study of how a reasonably successful country with a market economy, high levels of exposure to the outside world, and a credible claim to inclusivity, deals with Islamic and Shariah-related issues. Kamali concludes that there is a significant gap between the theory and practice of hudud in the scriptural sources of Shariah and the scholastic articulations of jurisprudence of the various schools of Islamic law, arguing that literalism has led to such rigidity as to make Islamic criminal law effectively a dead letter. His goal is to provide a fresh reading of the sources of Shariah and demonstrate how the Qur'an and Sunnah can show the way forward to needed reforms of Islamic criminal law.
The Oxford Handbook of Levinas (Oxford Handbooks)
Emmanuel Levinas (1906-1995) emerged as an influential philosophical voice in the final decades of the twentieth century, and his reputation has continued to flourish and increase in our own day. His central themes--the primacy of the ethical and the core of ethics as our responsibility to and for others--speak to readers from a host of disciplines and perspectives. However, his writings and thought are challenging and difficult. The Oxford Handbook of Levinas contains essays that aim to clarify and engage Levinas and his writings in a number of ways. Some focus on central themes of his work, others on the ways in which he read and was influenced by figures from Plato, Hobbes, Descartes, and Kant to Blanchot, Husserl, Heidegger, and Derrida. And there are essays on how his thinking has been appropriated in moral and political thought, psychology, film criticism, and more, and on the relation between his thinking and religious themes and traditions. Finally, several essays deal primarily with how readers have criticized him and found him wanting. The volume exposes and explores both the depth of Levinas's philosophical work and the range of applications to which it has been put, with special attention to clarifying why his interests in the human condition, the crisis of civilization, the centrality and character of ethics and morality, and the very meaning of human experience should be of interest to the widest range of readers.
The Oxford Handbook of Levinas (Oxford Handbooks)
by Michael L. MorganEmmanuel Levinas (1906-1995) emerged as an influential philosophical voice in the final decades of the twentieth century, and his reputation has continued to flourish and increase in our own day. His central themes--the primacy of the ethical and the core of ethics as our responsibility to and for others--speak to readers from a host of disciplines and perspectives. However, his writings and thought are challenging and difficult. The Oxford Handbook of Levinas contains essays that aim to clarify and engage Levinas and his writings in a number of ways. Some focus on central themes of his work, others on the ways in which he read and was influenced by figures from Plato, Hobbes, Descartes, and Kant to Blanchot, Husserl, Heidegger, and Derrida. And there are essays on how his thinking has been appropriated in moral and political thought, psychology, film criticism, and more, and on the relation between his thinking and religious themes and traditions. Finally, several essays deal primarily with how readers have criticized him and found him wanting. The volume exposes and explores both the depth of Levinas's philosophical work and the range of applications to which it has been put, with special attention to clarifying why his interests in the human condition, the crisis of civilization, the centrality and character of ethics and morality, and the very meaning of human experience should be of interest to the widest range of readers.
The Extinction Market: Wildlife Trafficking and How to Counter It
by Vanda Felbab BrownThe planet is currently experiencing alarming levels of species loss caused in large part by intensified poaching and wildlife trafficking driven by expanding demand, for medicines, for food, and for trophies. Affecting many more species than just the iconic elephants, rhinos, and tigers, the rate of extinction is now as much as 1000 times the historical average and the worst since the dinosaurs died out 65 million years ago. In addition to causing irretrievable biodiversity loss, wildlife trafficking also poses serious threats to public health, potentially triggering a global pandemic. The Extinction Market explores the causes, means, and consequences of poaching and wildlife trafficking, with a view to finding ways of suppressing them. Vanda Felbab-Brown travelled to the markets of Latin America, South and South East Asia, and eastern and southern Africa, to evaluate the effectiveness of various tools, including bans on legal trade, law enforcement, and interdiction; allowing legal supply from hunting or farming; alternative livelihoods; anti- money-laundering efforts; and demand reduction strategies. This is an urgent book offering meaningful solutions to one of the world's most pressing crises.
The Extinction Market: Wildlife Trafficking and How to Counter It
by Vanda Felbab BrownThe planet is currently experiencing alarming levels of species loss caused in large part by intensified poaching and wildlife trafficking driven by expanding demand, for medicines, for food, and for trophies. Affecting many more species than just the iconic elephants, rhinos, and tigers, the rate of extinction is now as much as 1000 times the historical average and the worst since the dinosaurs died out 65 million years ago. In addition to causing irretrievable biodiversity loss, wildlife trafficking also poses serious threats to public health, potentially triggering a global pandemic. The Extinction Market explores the causes, means, and consequences of poaching and wildlife trafficking, with a view to finding ways of suppressing them. Vanda Felbab-Brown travelled to the markets of Latin America, South and South East Asia, and eastern and southern Africa, to evaluate the effectiveness of various tools, including bans on legal trade, law enforcement, and interdiction; allowing legal supply from hunting or farming; alternative livelihoods; anti- money-laundering efforts; and demand reduction strategies. This is an urgent book offering meaningful solutions to one of the world's most pressing crises.
The Trump Administration and International Law
by Harold Hongju KohWill Donald trump international law? Since Trump's Administration took office, this question has haunted almost every issue area of international law. One of our leading international lawyers-a former Legal Adviser of the US State Department, Assistant Secretary of State for Human Rights, and Yale Law Dean-argues that President Trump has thus far enjoyed less success than many believe, because he does not own the pervasive "transnational legal process" that governs these issue areas. This book shows how those opposing Trump's policies during his administration's first two years have successfully triggered that process as part of a collective counter-strategy akin to Muhammad Ali's "rope-a-dope." The book surveys immigration and refugee law, human rights, climate change, denuclearization, trade diplomacy, relations with North Korea, Russia and Ukraine, America's "Forever War" against Al Qaeda and the Islamic State, and the ongoing tragedy in Syria. Koh's tour d'horizon illustrates the many techniques that players in the transnational legal process have used to blunt Trump's early initiatives. The high stakes of this struggle, and its broader implications for the future of global governance-now challenged by the rise of populist authoritarians-make this exhausting counter-strategy both worthwhile and necessary.
The Trump Administration and International Law
by Harold Hongju KohWill Donald trump international law? Since Trump's Administration took office, this question has haunted almost every issue area of international law. One of our leading international lawyers-a former Legal Adviser of the US State Department, Assistant Secretary of State for Human Rights, and Yale Law Dean-argues that President Trump has thus far enjoyed less success than many believe, because he does not own the pervasive "transnational legal process" that governs these issue areas. This book shows how those opposing Trump's policies during his administration's first two years have successfully triggered that process as part of a collective counter-strategy akin to Muhammad Ali's "rope-a-dope." The book surveys immigration and refugee law, human rights, climate change, denuclearization, trade diplomacy, relations with North Korea, Russia and Ukraine, America's "Forever War" against Al Qaeda and the Islamic State, and the ongoing tragedy in Syria. Koh's tour d'horizon illustrates the many techniques that players in the transnational legal process have used to blunt Trump's early initiatives. The high stakes of this struggle, and its broader implications for the future of global governance-now challenged by the rise of populist authoritarians-make this exhausting counter-strategy both worthwhile and necessary.
Rebel Courts: The Administration of Justice by Armed Insurgents
by René ProvostWarzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.
Rebel Courts: The Administration of Justice by Armed Insurgents
by René ProvostWarzones are sometimes described as lawless, but this is rarely the case. Armed insurgents often replace the state as the provider of law and justice in areas under their authority. Based on extensive fieldwork, Rebel Courts offers a compelling and unique insight into the judicial governance of armed groups, a phenomenon never studied comprehensively until now. Using a series of detailed case studies of non-state armed groups in a diverse range of conflict situations, including the FARC (Colombia), Islamic State (Syria and Iraq), Taliban (Afghanistan), Tamil Tigers (Sri Lanka), PKK (Turkey), PYD (Syria), and KRG (Iraq), Rebel Courts argues that it is possible for non-state armed groups to legally establish and operate a system of courts to administer justice. Rules of public international law that regulate the conduct of war can be interpreted as authorising the establishment of rebel courts by armed groups. When operating in a manner consistent with due process, rebel courts demand a certain degree of recognition by international states, institutions, and even other non-state armed groups. With legal analysis enriched by insights from other disciplines, Rebel Courts is a must read for all scholars and professionals interested in law, justice, and the effectiveness of global legal standards in situations of armed conflict.
Medical Reasoning: The Nature and Use of Medical Knowledge
by Erwin B. MontgomeryModern medicine is one of humankind's greatest achievements.Yet today, frequent medical errors and irreproducibility in biomedical research suggest that tremendous challenges beset it. Understanding these challenges and trying to remedy them have driven considerable and thoughtful critical analyses, but the apparent intransigence of these problems suggests a different perspective is needed. Now more than ever, when we see options and opportunities for healthcare expanding while resources are diminishing, it is extremely important that healthcare professionals practice medicine wisely. In Medical Reasoning, neurologist Erwin B. Montgomery, Jr. offers a new and vital perspective. He begins with the idea that the need for certainty in medical decision-making has been the primary driving force in medical reasoning. Doctors must routinely confront countless manifestations of symptoms, diseases, or behaviors in their patients. Therefore, either there are as many different "diseases" as there are patients or some economical set of principles and facts can be combined to explain each patient's disease. The response to this epistemic conundrum has driven medicine throughout history: the challenge is to discover principles and facts and then to develop means to apply them to each unique patient in a manner that provides certainty. This book studies the nature of medical decision making systematically and rigorously in both an analytic and historical context, addressing medicine's unique need for certainty in the face of the enormous variety of diseases and in the manifestations of the same disease in different patients. The book also examines how the social, legal, and economic circumstances in which medical decision-making occurs greatly influence the nature of medical reasoning. Medical Reasoning is essential for those at the intersection of healthcare and philosophy.
Medical Reasoning: The Nature and Use of Medical Knowledge
by Erwin B. MontgomeryModern medicine is one of humankind's greatest achievements.Yet today, frequent medical errors and irreproducibility in biomedical research suggest that tremendous challenges beset it. Understanding these challenges and trying to remedy them have driven considerable and thoughtful critical analyses, but the apparent intransigence of these problems suggests a different perspective is needed. Now more than ever, when we see options and opportunities for healthcare expanding while resources are diminishing, it is extremely important that healthcare professionals practice medicine wisely. In Medical Reasoning, neurologist Erwin B. Montgomery, Jr. offers a new and vital perspective. He begins with the idea that the need for certainty in medical decision-making has been the primary driving force in medical reasoning. Doctors must routinely confront countless manifestations of symptoms, diseases, or behaviors in their patients. Therefore, either there are as many different "diseases" as there are patients or some economical set of principles and facts can be combined to explain each patient's disease. The response to this epistemic conundrum has driven medicine throughout history: the challenge is to discover principles and facts and then to develop means to apply them to each unique patient in a manner that provides certainty. This book studies the nature of medical decision making systematically and rigorously in both an analytic and historical context, addressing medicine's unique need for certainty in the face of the enormous variety of diseases and in the manifestations of the same disease in different patients. The book also examines how the social, legal, and economic circumstances in which medical decision-making occurs greatly influence the nature of medical reasoning. Medical Reasoning is essential for those at the intersection of healthcare and philosophy.
Honorable Business: A Framework for Business in a Just and Humane Society
by James R. OttesonBusiness has a bad name for many people. It is easy to point to unethical and damaging behavior by companies. And it may seem straightforward to blame either indivuduals or, more generally, ruthless markets and amoral commercial society. In Honorable Business, James R. Otteson argues that business activity can be valuable in itself. The primary purpose of honorable businesses is to create value-for all parties. They look for mutually voluntary and mutually beneficial transactions, so that all sides of any exchange benefit, leading to increasing prosperity not just for one person or for one group at the expense of others but simultaneously for everyone involved. Done correctly, honorable business is a positive-sum activity that can enable flourishing for individuals and prosperity for society. Otteson connects honorable business with the political, economic, and cultural institutions that contribute to a just and humane society. He builds on Aristotle's conception of human beings as purposive creatures who are capable of constructing a plan for their lives that gives them a chance of achieving the highest good for humanity, focusing on autonomy and accountability, as well as good moral judgment. This good judgment can enable us to answer the why of what we do, not just the how. He also draws on Adam Smith's moral philosophy and political economy, and argues that Smithian institutions have played a significant role in the remarkable increase in worldwide prosperity we have seen over the last two hundred years. Otteson offers a pragmatic Code of Business Ethics, linked to a specific conception of professionalism, and defends this Code on the basis of a moral mandate to use one's limited resources of time, talent, and treasure to provide value for oneself only by simultaneously providing value to others. The result is well-articulated parameters within which business can be an acceptable-perhaps even praiseworthy-activity.
Honorable Business: A Framework for Business in a Just and Humane Society
by James R. OttesonBusiness has a bad name for many people. It is easy to point to unethical and damaging behavior by companies. And it may seem straightforward to blame either indivuduals or, more generally, ruthless markets and amoral commercial society. In Honorable Business, James R. Otteson argues that business activity can be valuable in itself. The primary purpose of honorable businesses is to create value-for all parties. They look for mutually voluntary and mutually beneficial transactions, so that all sides of any exchange benefit, leading to increasing prosperity not just for one person or for one group at the expense of others but simultaneously for everyone involved. Done correctly, honorable business is a positive-sum activity that can enable flourishing for individuals and prosperity for society. Otteson connects honorable business with the political, economic, and cultural institutions that contribute to a just and humane society. He builds on Aristotle's conception of human beings as purposive creatures who are capable of constructing a plan for their lives that gives them a chance of achieving the highest good for humanity, focusing on autonomy and accountability, as well as good moral judgment. This good judgment can enable us to answer the why of what we do, not just the how. He also draws on Adam Smith's moral philosophy and political economy, and argues that Smithian institutions have played a significant role in the remarkable increase in worldwide prosperity we have seen over the last two hundred years. Otteson offers a pragmatic Code of Business Ethics, linked to a specific conception of professionalism, and defends this Code on the basis of a moral mandate to use one's limited resources of time, talent, and treasure to provide value for oneself only by simultaneously providing value to others. The result is well-articulated parameters within which business can be an acceptable-perhaps even praiseworthy-activity.
American Juvenile Justice
by Franklin E. ZimringAmerican Juvenile Justice is a definitive volume for courses on the criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy toward youth crime. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. In this updated and expanded second edition, Zimring has included four new chapters with examinations on important topics including, US Supreme Court decisions of life sentences for minors, the elected use of juvenile courts over criminal court, punitive sex offender registration for juveniles, and appropriate tactics for juvenile justice reform.
American Juvenile Justice (Youth, Crime, And Justice Ser. #5)
by Franklin E. ZimringAmerican Juvenile Justice is a definitive volume for courses on the criminology and policy analysis of adolescence. The focus is on the principles and policy of a separate and distinct system of juvenile justice. The book opens with an introduction of the creation of adolescence, presenting a justification for the category of the juvenile or a period of partial responsibility before full adulthood. Subsequent sections include empirical investigations of the nature of youth criminality and legal policy toward youth crime. At the heart of the book is an argument for a penal policy that recognizes diminished responsibility and a youth policy that emphasizes the benefits of letting the maturing process continue with minimal interruption. In this updated and expanded second edition, Zimring has included four new chapters with examinations on important topics including, US Supreme Court decisions of life sentences for minors, the elected use of juvenile courts over criminal court, punitive sex offender registration for juveniles, and appropriate tactics for juvenile justice reform.
The Complete American Constitutionalism, Volume Five, Part I: The Constitution of the Confederate States (The Complete American Constitutionalism)
by Mark A. Graber Howard GillmanThe Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first part to Volume Five of the series covers: The Constitution of the Confederate States. The authors offer a comprehensive analysis of the constitution of the Confederate States during the American Civil War. Confederate constitutionalism presents the paradox of a society constitutionally committed to human and white supremacy whose constitutional materials rarely dwell on human bondage and racism. The foundational texts of Confederate constitutionalism maintain that racial slavery was at the core of secession and southern nationality. This volume provides the various speeches, ordinances and declarations, cases, and a host of other sources accompanied by detailed historical commentary.
The Complete American Constitutionalism, Volume Five, Part I: The Constitution of the Confederate States (The Complete American Constitutionalism)
by Howard Gillman Mark A. GraberThe Complete American Constitutionalism is designed to be the comprehensive treatment and source for debates on the American constitutional experience. It provides the analysis, resources, and materials both domestic and foreign readers must understand with regards to the practice of constitutionalism in the United States. This first part to Volume Five of the series covers: The Constitution of the Confederate States. The authors offer a comprehensive analysis of the constitution of the Confederate States during the American Civil War. Confederate constitutionalism presents the paradox of a society constitutionally committed to human and white supremacy whose constitutional materials rarely dwell on human bondage and racism. The foundational texts of Confederate constitutionalism maintain that racial slavery was at the core of secession and southern nationality. This volume provides the various speeches, ordinances and declarations, cases, and a host of other sources accompanied by detailed historical commentary.
Landmark Cases in Forensic Psychiatry (Landmark Papers In)
Forensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry.This first edition of this book was the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. In this new edition, the authors have updated all cases, and added chapters on new areas of the law with which forensic practitioners and trainess may interface. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.
Landmark Cases in Forensic Psychiatry (Landmark Papers In)
by Merrill Rotter, Jeremy Colley, Heather Ellis CucoloForensic psychiatry (the interface of psychiatry and the law), forensic psychology, and mental health law are growing and evolving subspecialties in their respective larger disciplines. Topics included in these fields include a range as diverse as capital sentencing guidelines, informed consent, and standards of care for mental health treatment. All of these topics need to be understood and mastered by clinicians, educators, administrators and attorneys working with psychiatric patients. This book brings together concise, comprehensive summaries of the most important "landmark" legal decisions relating to mental health practice in the United States. These decisions, along with their underlying reasonings, make up a critical portion of the national certification examination for forensic psychiatry offered by the American Board of Psychiatry and Neurology (ABPN). Many of the themes are also tested in the ABPN certification examination for general psychiatry.This first edition of this book was the first to provide a combination of summaries of the relevant legal content paired with board-style test questions designed to help consolidate knowledge and prepare for certification. Cases with similar themes are grouped together with an eye toward helping the reader understand the evolution of legal and clinical thinking on a particular topic. In this new edition, the authors have updated all cases, and added chapters on new areas of the law with which forensic practitioners and trainess may interface. This book represents an important addition to the study tools and textbooks available related to psychiatry and the law and will serve as a useful reference for clinicians who must follow established legal requirements in their field.
The Impact of Emerging Technologies on the Law of Armed Conflict (The Lieber Studies Series)
Emerging technologies have always played an important role in armed conflict. From the crossbow to cyber capabilities, technology that could be weaponized to create an advantage over an adversary has inevitably found its way into military arsenals for use in armed conflict. The weaponization of emerging technologies, however, raises challenging legal issues with respect to the law of armed conflict. As States continue to develop and exploit new technologies, how will the law of armed conflict address the use of these technologies on the battlefield? Is existing law sufficient to regulate new technologies, such as cyber capabilities, autonomous weapons systems, and artificial intelligence? Have emerging technologies fundamentally altered the way we should understand concepts such as law-of-war precautions and the principle of distinction? How can we ensure compliance and accountability in light of technological advancement? This volume of the Lieber Studies explores these critical questions while highlighting the legal challenges--and opportunities--presented by the use of emerging technologies on the battlefield.