Constitutional Law

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  • Critical Race Realism: Intersections of Psychology, Race, and Law

    Karton Kapak
    A new way of looking at our legal system—focused on the nexus of social science, race, and the law—that takes the field of critical legal studies into the twenty-first century."The introduction of new methods in the social sciences to the law promises to revolutionize how legal scholars approach the study of race."—Jeffrey Rachlinski, professor at Cornell Law SchoolBuilding on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.Using cutting-edge research from across the social sciences and, in particular, new understandings from psychology of the way prejudice functions in the brain, this new book—the first overview of the topic—includes many of the seminal writings to date along with newly commissioned pieces filling in gaps in the literature. The authors are part of a rising generation of legal scholars and social scientists intent on using the latest insights from their respective fields to understand the racial biases built into our legal system and to offer concrete measures to overcome them.Topics include:• race and juries• race and the perceived credibility of expert witnesses• the psychology of cross-racial eyewitness testimony• prejudice in police profiling• stereotyping and capital-sentencing outcomes• race and judicial decision-making• race and parental rights termination
    9,06  TL90,60  TL
  • Free Speech and Human Dignity

    Debates over hate speech, pornography, and other sorts of controversial speech raise issues that go to the core of the First Amendment. Supporters of regulation argue that these forms of expression cause serious injury to individuals and groups, assaulting their dignity as human beings and citizens. Civil libertarians respond that our commitment to free speech is measured by our willingness to protect it, even when it causes harm or offends our deepest values. In this important book, Steven J. Heyman presents a theory of the First Amendment that seeks to overcome the conflict between free speech and human dignity. This liberal humanist theory recognizes a strong right to freedom of expression while also providing protection against the most serious forms of assaultive speech. Heyman then uses the theory to illuminate a wide range of contemporary disputes, from flag burning and antiabortion demonstrations to pornography and hate speech.
    47,60  TL119,00  TL
  • The Bonfire of the Liberties: New Labour, Human Rights, and the Rule of Law

    Karton Kapak
    The Bonfire of the Liberties is a provocative book which confronts the corrosion of civil liberties under successive New Labour governments since 1997. It argues that the last decade has seen a wholesale failure of constitutional principle and exposed the futility of depending on legal rights to restrict the power of executive government. It considers the steps necessary to prevent the continued decline of political standards, arguing that only through rebalancing political power can civil liberties be adequately protected. Relying on extensive new research of inaccessible sources, the book examines the major battlegrounds over civil liberties under New Labour, including the growth and abuse of police power, state surveillance and counter-terrorist measures. It unfolds a compelling narrative of the major battles fought before Parliament and in the courts, and attacks the failure of the political and legal systems to offer protection to those suffering abuses of their civil liberty at the hands of an aggressive Executive. In doing so, it offers a definitive account of the struggle for civil liberty in modern Britain, and a controversial argument for the reforms necessary to contain executive power.
    20,88  TL90,77  TL
  • The English Historical Constitution: Continuity, Change and European Effects

    Karton Kapak
    The fundamental legal and institutional changes of recent decades have brought the English constitution into question. Accompanying issues have been the extent to which its traditional character and main features have been changed, lost their former appeal and retained their distinctness in the European Union. These issues are not readily addressed in everyday thinking about a constitution simply conceived as unwritten or in constitutional accounts variously preoccupied with abstract analysis, political accountability or transcendent norms. The English Historical Constitution addresses these issues by developing a historical constitutional approach and thus elaborating on continuity and change in the constitution's main doctrines and institutions. From an English legal perspective, it offers a complement or corrective to analytical, political and normative approaches by reforming an old conception of the historical constitution and of its history, partly obscured and long neglected through the modern analytical preoccupation with its law as an abstract scheme of rules, principles and practices.
    34,13  TL97,52  TL
  • Equality and Liberty in the Golden Age of State Constitutional Law

    Sert Kapak
    The rise of the New Judicial Federalism movement in the 1970s marked a sea-change in the history of state constitutional law by shifting the focus of power away from the central government in ways that had not occurred since the Equal Protection Clause was enacted in 1868. With New Judicial Federalism, many states rediscovered that they were empowered to enact their own constitutions and to interpret them as they saw fit, which enabled states to recognize civil rights and liberties beyond those recognized under the Federal Constitution.Equality and Liberty in the Golden Age of State Constitutional Law closely examines the evolution of the rights of liberty and equality under state constitutions from both a historical and jurisprudential perspective. In it, Professor Jeffrey M. Shaman explains that as New Judicial Federalism gained ground, state constitutional law became an important source for the protection of individual rights and liberties. States have since expanded the right of the citizen well beyond the limits of federal law by striking down laws that led to de facto segregation in public schools, discriminated against women, or allocated public benefits inequitably. State courts were the first to recognize a right of intimate association, spurring the U.S. Supreme Court to follow suit. Equality and Liberty in the Golden Age of State Constitutional Law is essential reading for anyone interested in this manifestation of law that has developed beyond the purview of national attention and in the resulting evolution of power in U.S. constitutional law.
    52,39  TL158,76  TL
  • Eminent Victorians on American Democracy: The View from Albion

    Eminent Victorians on American Democracy: The View from Albion

    Sert Kapak
    Eminent Victorians on American Democracy surveys a wide range of British opinion on the United States in the nineteenth century and highlights the views of John Stuart Mill, Walter Bagehot, Sir Henry Maine, and James Bryce, who wrote extensively on American government and society. America was significant to them not only because it was the world's most advanced democracy, but also because it was a political experiment that was seen to anticipate the future of Britain.The Victorians made a memorable contribution to the continuing debate over the character and origins of democracy through their perceptive examination of issues ranging from the US Constitution to its practical application, from the Supreme Court to the party system. Their trenchant commentary punctures several popular American assumptions, not least the idea of 'exceptionalism'. To Victorian commentators, the bonds of kinship, law, and language were of great significance; and while they did not see the United States as having a unique destiny, they rallied to an 'Anglo-American exceptionalism', which reflected their sense of a shared transatlantic history.What distinguishes the Victorian writers was their willingness to examine the US Constitution dispassionately at a time when Americans treated it as a sacred document. Although the United States has changed dramatically since they wrote, much of their commentary remains remarkably prescient, if only because the American government retains so much of its eighteenth-century character. Today, when rival American priesthoods see the Constitution in the light of their particular altars, it is worth revisiting what leading Victorians had to say about it. It may come as a shock to American readers.
    Temin Edilemiyor
  • Conflict of Interest and Public Life: Cross-National Perspectives

    Conflict of Interest and Public Life: Cross-National Perspectives

    Sert Kapak
    This volume features a comparative account of ethics regulations across the United States, the United Kingdom, Canada, and Italy. The authors situate conflict-of-interest regulations within a broader discourse involving democratic theory; identify the structural, political, economic, and cultural factors that have contributed to the development of these regulations over time; and assess the extent to which these efforts have succeeded or failed across and within different branches and systems of government. Collectively, they provide an invaluable survey of the development, function, and impact of conflict-of-interest regimes in public life.
    Temin Edilemiyor
  • Critical Race Realism: Intersections of Psychology, Race, and Law

    Critical Race Realism: Intersections of Psychology, Race, and Law

    Sert Kapak
    A new way of looking at our legal system—focused on the nexus of social science, race, and the law—that takes the field of critical legal studies into the twenty-first century."The introduction of new methods in the social sciences to the law promises to revolutionize how legal scholars approach the study of race."—Jeffrey Rachlinski, professor at Cornell Law SchoolBuilding on the field of critical race theory, which took a theoretical approach to questions of race and the law, Critical Race Realism offers a practical look at the way racial bias plays out at every level of the legal system, from witness identification and jury selection to prosecutorial behavior, defense decisions, and the way expert witnesses are regarded.Using cutting-edge research from across the social sciences and, in particular, new understandings from psychology of the way prejudice functions in the brain, this new book—the first overview of the topic—includes many of the seminal writings to date along with newly commissioned pieces filling in gaps in the literature. The authors are part of a rising generation of legal scholars and social scientists intent on using the latest insights from their respective fields to understand the racial biases built into our legal system and to offer concrete measures to overcome them.Topics include:• race and juries• race and the perceived credibility of expert witnesses• the psychology of cross-racial eyewitness testimony• prejudice in police profiling• stereotyping and capital-sentencing outcomes• race and judicial decision-making• race and parental rights termination
    Temin Edilemiyor
  • Levi's Children: Coming to Terms with Human Rights in the Global Marketplace

    Levi's Children: Coming to Terms with Human Rights in the Global Marketplace

    Karton Kapak
    Over the last decade, ugly allegations of corporate complicity in human-rights violations have exploded into one of the most controversial issues of our time. Companies are being held responsible by human-rights advocates for the injustices that are the unintended side effects of economic globalization: union repression in China, forced labor in Burma, child workers in Pakistan, and sweatshop abuse throughout the developing world. Using the story of Levi Strauss and Company as a guide, Karl Schoenberger offers a highly readable assessment of the challenge that the human-rights scourge poses to international business. Schoenberger is sensitive to the interests of activists, politicians, and multinationals, and as a result his call for active corporate engagement and rigorous accountability in promoting the rights of overseas workers carries enormous resonance. Simultaneously impassioned and evenhanded, Levi's Children is a work of profound importance, one that may help us chart our course in the next century. "Thorough, well-informed and chatty ... Schoenberger's conclusion is intriguing." -- Los Angeles Times Book Review
    Temin Edilemiyor
  • Not Only for Myself: Identity, Politics, and the Law

    Not Only for Myself: Identity, Politics, and the Law

    Karton Kapak
    Now in paperback, a "moderate, judicious... look at identity politics" (Kirkus Reviews) by one of our leading legal thinkers. In Not Only for Myself, Harvard Law professor and leading critical legal scholar Martha Minow uses well-known incidents, such as the furor over the casting of Miss Saigon and the confirmation hearings of Supreme Court Justice Clarence Thomas, to explain the legal issues bearing on such incendiary questions as affirmative action, segregation, racial redistricting, and "identity politics."
    Temin Edilemiyor
  • States of Violence: War, Capital Punishment, and Letting Die

    States of Violence: War, Capital Punishment, and Letting Die

    Karton Kapak
    The book brings together scholarship on three different forms of state violence, examining each for what it can tell us about the conditions under which states use violence and the significance of violence to our understanding of states. The contributors to this book demonstrate that states of violence thus have a history and sociology. Yet wherever the state acts violently, the legitimacy of its acts must be engaged with the real facts of war, capital punishment, and the ugly realities of death. This book calls into question the legitimacy of state uses of violence and mounts a sustained effort at interpretation, sense making, and critique. It suggests that condemning the state's decisions to use lethal force is not a simple matter of abolishing the death penalty or - to take another exemplary example of the killing state - demanding that the state engage only in just (publicly declared and justified) wars, pointing out that even such overt instances of lethal force are more elusive as targets of critique than one might think. Indeed, altering such decisions may do little to change the essential relationship of the state to violence. To change that relationship we must also attend to the violent state as a state of mind, a state of mind that is not just a social or psychological condition but also a moral commitment and/or a philosophical position.
    Temin Edilemiyor
  • The Rights of Man and Common Sense (Revolutions)

    The Rights of Man and Common Sense (Revolutions)

    Karton Kapak
    Published to commemorate the bicentennial of Thomas Paine’s death, these texts have remained two of the most influential arguments for liberty in political thought. Common Sense is a pamphlet that Paine wrote in support of American independence. Due to its original and simple style it spread like wildfire through the colonies, inspiring the American Revolution. The Rights of Man is Paine’s passionate defense of the French Revolution that led to his trial for sedition and libel. The acclaimed historian Peter Linebaugh provides an original examination of Paine’s thought and legacy.
    Temin Edilemiyor
  • Buying Freedom: The Ethics and Economics of Slave Redemption

    Buying Freedom: The Ethics and Economics of Slave Redemption

    If "slavery" is defined broadly to include bonded child labor and forced prostitution, there are upward of 25 million slaves in the world today. Individuals and groups are freeing some slaves by buying them from their enslavers. But slave redemption is as controversial today as it was in pre-Civil War America. In Buying Freedom, Kwame Anthony Appiah and Martin Bunzl bring together economists, anthropologists, historians, and philosophers for the first comprehensive examination of the practical and ethical implications of slave redemption. While recognizing the obvious virtue of the desire to buy the freedom of slaves, the contributors ask difficult and troubling questions: Does redeeming slaves actually increase the demand for--and so the number of--slaves? And what about cases where it is far from clear that redemption will improve the material condition, or increase the real freedom, of a slave? Buying Freedom includes essays by the editors and by Dean Karlan and Alan Krueger, Carol Ann Rogers and Kenneth Swinnerton, Arnab Basu and Nancy Chau, Stanley Engerman, Jonathan Conning and Michael Kevane, Jok Madut Jok, Ann McDougall, Lisa Cook, Margaret Kellow, John Stauffer, and Howard McGary.
    Temin Edilemiyor
  • "If You Leave Us Here, We Will Die": How Genocide Was Stopped in East Timor

    Sert Kapak
    This is a book about a terrible spate of mass violence. It is also about a rare success in bringing such violence to an end. "If You Leave Us Here, We Will Die" tells the story of East Timor, a half-island that suffered genocide after Indonesia invaded in 1975, and which was again laid to waste after the population voted for independence from Indonesia in 1999. Before international forces intervened, more than half the population had been displaced and 1,500 people killed. Geoffrey Robinson, an expert in Southeast Asian history, was in East Timor with the United Nations in 1999 and provides a gripping first-person account of the violence, as well as a rigorous assessment of the politics and history behind it. Robinson debunks claims that the militias committing the violence in East Timor acted spontaneously, attributing their actions instead to the calculation of Indonesian leaders, and to a "culture of terror" within the Indonesian army. He argues that major powers--notably the United States, Australia, and the United Kingdom--were complicit in the genocide of the late 1970s and the violence of 1999. At the same time, Robinson stresses that armed intervention supported by those powers in late 1999 was vital in averting a second genocide. Advocating accountability, the book chronicles the failure to bring those responsible for the violence to justice. A riveting narrative filled with personal observations, documentary evidence, and eyewitness accounts, "If You Leave Us Here, We Will Die" engages essential questions about political violence, international humanitarian intervention, genocide, and transitional justice.
    Temin Edilemiyor
  • Divided Cities: The Oxford Amnesty Lectures 2003

    Divided Cities: The Oxford Amnesty Lectures 2003

    Karton Kapak
    Cities, at their best, are cradles of diversity, opportunity, and citizenship. Why, then, do so many cities today seem scarred by divisions separating the powerful and privileged from the victims of deprivation and injustice? What is it like to live on the wrong side of the divide in Paris, London, New York, Sao Paolo, and other cities all over the world? In this book, based on the internationally renowned Oxford Amnesty Lectures, eight leading urban thinkers argue about why divisions arise in cities and about what could and should be done to bring those divisions to an end. The book features essays by Patrick Declerck, Stuart Hall, David Harvey, Richard Rogers, Patricia Williams, and James Wolfensohn, with commentaries from Peter Hall, Michael Likosky, and others. The many contemporary issues that the book addresses include the impact of globalization and migration on the urban environment, the consequences of the 'war on terror' for those living in cities, the new development paradigm being adopted by international institutions in the developing world, the need for a genuine urban renaissance in Britain and elsewhere, and the suffering of the homeless. These controversial and sometimes conflicting essays, linked by Richard Scholar's incisive introduction, aim to encourage and inform debate about the challenges to human rights in our increasingly urban world.
    Temin Edilemiyor
  • The Thin Blue Line: How Humanitarianism Went to War

    The Thin Blue Line: How Humanitarianism Went to War

    Karton Kapak
    The idea that we should ‘do something’ to help those suffering in far-off places is the main impulse driving those who care about human rights. Yet from Kosovo to Iraq, military interventions have gone disastrously wrong. The Thin Blue Line describes how in the last twenty years humanitarianism has emerged as a multibillion-dollar industry that has played a leading role in defining humanitarian crises, and shaping the foreign policy of Western governments and the United Nations. Drawing on his own experience of working in over a dozen conflict and post-conflict zones, Foley shows how the growing influence of international law has been used to override the sovereignty of the poorest countries in the world.
    Temin Edilemiyor