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"Historical Comparative Law and Comparative Legal History Legal history and comparative law overlap in important respects. This is more apparent with the use of some methods for comparison, such as legal transplant, natural law, or nation building. M.N.S. Sellers nicely portrayed the relationship. The past is a foreign country, its people strangers and its laws obscure.... No one can really understand her or his own legal system without leaving it first, and looking back from the outside. The comparative study of law makes one's own legal system more comprehensible, by revealing its idiosyncrasies. Legal history is comparative law without travel. Legal historians, perhaps especially in the United States, have been skeptical about the possibility of a fruitful comparative legal history, preferring in general to investigate the distinctiveness of their national experience. Comparatists, however, content with revealing or promoting similarities or differences between legal systems, by their nature strive toward comparison. Some American historians, especially since World War II, see the value in this"--
Why has U.S. security policy scarcely changed from the Bush to the Obama administration? National Security and Double Government offers a disquieting answer. Michael J. Glennon challenges the myth that U.S. security policy is still forged by America's visible, "Madisonian institutions" - the President, Congress, and the courts. Their roles, he argues, have become largely illusory. Presidential control is now nominal, congressional oversight is dysfunctional, and judicial review is negligible. The book details the dramatic shift in power that has occurred from the Madisonian institutions to a concealed "Trumanite network" - the several hundred managers of the military, intelligence, diplomatic, and law enforcement agencies who are responsible for protecting the nation and who have come to operate largely immune from constitutional and electoral restraints. Reform efforts face daunting obstacles. Remedies within this new system of "double government" require the hollowed-out Madisonian institutions to exercise the very power that they lack. Meanwhile, reform initiatives from without confront the same pervasive political ignorance within the polity that has given rise to this duality. The book sounds a powerful warning about the need to resolve this dilemma-and the mortal threat posed to accountability, democracy, and personal freedom if double government persists. This paperback version features an Afterword that addresses the emerging danger posed by populist authoritarianism rejecting the notion that the security bureaucracy can or should be relied upon to block it.
This book gives voice to the experiences of women of color--women of African, Native American, Latina, East Indian, Korean and Japanese descent--as students pursuing terminal degrees and as faculty members navigating the Academy, grappling with the dilemmas encountered by others and themselves as they exist at the intersections of their work and identities.Women of color are frequently relegated--on account both of race and womanhood--into monolithic categories that perpetuate oppression, subdue and suppress conflict, and silence voices. This book uses critical race feminism (CRF) to place women of color in the center, rather than the margins, of the discussion, theorizing, research and praxis of their lives as they co-exist in the dominant culture. The first part of the book addresses the issues faced on the way to achieving a terminal degree: the struggles encountered and the lessons learned along the way. Part Two, "Pride and Prejudice: Finding Your Place After the Degree" describes the complexity of lives of women with multiple identities as scholars with family, friends, and lives at home and at work. The book concludes with the voices of senior faculty sharing their journeys and their paths to growth as scholars and individuals.This book is for all women of color growing up in the academy, learning to stand on their own, taking first steps, mastering the language, walking, running, falling and getting up to run again--and illuminates the process of self-definition that is essential to their growth as scholars and individuals.
... Chapt. 1: The difficulties and crisis of Taiwan's current constitutional politics Chapt. 2: The legitimacy of making a new constitution for Taiwan Chapt. 3: The features of a new constitution for Taiwan in the 21st century Chapt. 4: Lessons from other countries for drafting a new Taiwanese constitution.