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In-depth examination of a rarely studied article of the United States Constitution. While there is a vast amount of scholarship on the US Constitution, very little of it addresses Article IV. The article’s first section, the Full Faith and Credit Clause, requires that individual states must respect “the public acts, accords, and judicial proceedings of every other state,” and the second section, the Privileges and Immunity Clause, prevents one state from treating the citizens of another state in a discriminatory manner. In Unifying the Nation, Joseph F. Zimmerman provides a unique and comprehensive examination of court cases pertaining to both sections. Article IV, he argues, is central to the political and economic union of the individual states that comprise the nation. Many of the court cases cited in the text have tremendous day-to-day relevance and implications for the practice of government, such as same-sex marriage, child adoption, child support, public welfare, health care, and telecommunications.
First Amendment rights are hailed as the hallmark of the US constitutional system, protecting religious liberty, freedom of speech, freedom of the press, and freedom of association. But among these rights, freedom of association holds a tenuous position, as demonstrated in the 2010 Supreme Court ruling in Christian Legal Society v. Martinez, which upheld a public university’s policy requiring groups seeking official recognition to accept all students regardless of their status or beliefs. This demotion of freedom of association has broad ramifications for the constitutional status of voluntary associations in civil society, Luke C. Sheahan suggests. His book offers a cogent explanation of how this came about, why it matters, and what might be done about it. Sheahan’s argument centers upon what he calls the “First Amendment Dichotomy” in the Court’s theoretical framework: an understanding of the state and the individual as the two analytically exclusive units of constitutional analysis. Why Associations Matter traces this dichotomy through Supreme Court jurisprudence culminating in Martinez, revealing a pattern of free association treated only as an individual right of expressive association derived from the Speech Clause alone. Sheahan then draws on the political sociology of Robert Nisbet to make a case for recognizing the social importance of associations and institutions that cannot be reduced to their individual members or subsumed into the state for purposes of constitutional analysis. Translating the sociological qualities of associations into jurisprudential categories, Why Associations Matter provides practical advice for protecting freedom of association through the judiciary and the legislature—and guaranteeing this fundamental right its proper place in American society.
This comprehensive biography of Francis Marion, the Swamp Fox, covers his famous wartime stories as well as a private side of him that has rarely been explored In the darkest days of the American Revolution, Francis Marion and his band of militia freedom fighters kept hope alive for the patriot cause during the critical British "southern campaign." Employing insurgent guerrilla tactics that became commonplace in later centuries, Marion and his brigade inflicted enemy losses that were individually small but cumulatively a large drain on British resources and morale. Although many will remember the stirring adventures of the "Swamp Fox" from the Walt Disney television series of the late 1950s and the fictionalized Marion character played by Mel Gibson in the 2000 film The Patriot, the real Francis Marion bore little resemblance to either of those caricatures. But his exploits were no less heroic as he succeeded, against all odds, in repeatedly foiling the highly trained, better-equipped forces arrayed against him. In this action-packed biography we meet many colorful characters from the Revolution: Banastre Tarleton, the British cavalry officer who relentlessly pursued Marion over twenty-six miles of swamp, only to call off the chase and declare (per legend) that "the Devil himself could not catch this damned old fox," giving Marion his famous nickname; Thomas Sumter, the bold but rash patriot militia leader whom Marion detested; Lord Cornwallis, the imperious British commander who ordered the hanging of rebels and the destruction of their plantations; "Light-Horse Harry" Lee, the urbane young Continental cavalryman who helped Marion topple critical British outposts in South Carolina; but most of all Francis Marion himself, "the Washington of the South," a man of ruthless determination yet humane character, motivated by what his peers called "the purest patriotism." In The Swamp Fox, the first major biography of Marion in more than forty years, John Oller compiles striking evidence and brings together much recent learning to provide a fresh look both at Marion, the man, and how he helped save the American Revolution.
This volume addresses the need to integrate gender equality into business and management education and provides examples of leading initiatives illustrating how this can occur from various disciplinary and global perspectives. Gender inequality has a long history in business schools and the workplace, and traditions are hard to change. Some disciplines remain resolutely gendered, affecting both women and men; and case materials on women leaders and managers are still rare.The chapters provide conceptual and research rationales as to why responsible management education must address the issue of gender equality. They also identify materials and resources to assist faculty in integrating gender issues and awareness into various disciplines and fields. These include specific case studies and innovations that assess or address the role of gender in various educational environments.The book is designed to help faculty integrate the topic of gender equality into their own teaching and research and gain support for the legitimacy of gender equality as an essential management education topic. This is the first book in a series on gender equality as a challenge for business and management education, published with the Principles of Responsible Management Education (PRME) Working Group on Gender Equality.
This book offers a critical reflection of the North-South regional trade agreements (RTAs), known as the Economic Partnership Agreements, negotiated between the EU and the African, Caribbean, and Pacific countries. Conceiving of regions as legal regimes, Clair Gammage highlights the challenges facing developing countries when negotiating RTAs with developed countries and interrogates the assumption that these agreements will and can promote sustainable development through trade.
For both aspiring and experienced education leaders in school budgeting, finance, and resource management courses, Money and Schools explains and demonstrates the relationship between money and equality of educational opportunity in a way that is clear, precise, and engaging. Grounded in research and best practices, this book provides a broad overview of school finance, budgeting, and resource allocation, an understanding of the underlying economic, social, legal, and political principles that drive how schools are funded, as well as a detailed examination of day-to-day funding operations. Rich pedagogical features include chapter opening challenges, chapter drivers, point/counterpoint discussions, case studies, and recommended resources. This accessible and engaging book offers strong connections to real-world experiences and detailed information on pre-K–12 funding history, concepts, and current operations. New to this edition: Coverage of environmental sustainability and other emerging trends in this unprecedented uncertainty of schools' economic and social environment. Updates to references and overall funding changes since the previous edition. Revised end-of-chapter activities and additional resources that are aligned with the key concepts and content of each chapter. Updated supplemental downloads, including editable PowerPoints.
A challenge to the “end of the shari‘a” thesis in Islamic legal historiography In the second half of the nineteenth century, states across the Muslim World developed new criminal codes and reshaped their legal landscapes, laying the foundations of the systems that continue to inform the application of justice today. Influenced by colonialism and the rise of the modern state’s desire to control its populations, many have seen the introduction of these codes as a pivotal shift and divergence from the shariʼa, the dominant paradigm in premodern Muslim jurisdictions. In A Continuity of Shari‘a, Brian Wright challenges this view, comparing among the Egyptian, Ottoman, and Indian contexts. By examining the environment in which the new codes were created, highlighting the work of local scholars and legal actors, and examining the content of the codes themselves, Wright argues that the criminal systems of the late nineteenth century have more connections to their past than is previously understood. Colonial influence was adapted to local circumstances and synthesized with premodern understandings in an eclectic legal environment to create solutions to local problems while maintaining a continuity with the shari’a. This book will be of interest to scholars and students of Islamic Studies, Islamic Law, and Islamic Legal History.
Post-apartheid South Africa has yielded enlightened judicial decisions in contrast to the limited interpretation of human rights in Ireland. The value of human dignity with its central position in international law underpins both countries’ Constitutions, but has left a more striking mark in South Africa. There it has impacted significantly on punishment for crimes, family life, children’s rights, defamation, sexual violence investigations, substantive equality and socio-economic rights. Practical guidance can be gleaned from South Africa to revitalise Irish jurisprudence. While its focus is on South Africa and Ireland, this book draws on the experience of many countries and regions.
Intellectual Property in Global Governance critically examines the evolution of international intellectual property law-making from the build up to the TRIPS Agreement, through the TRIPS and post-TRIPS era. The book focuses on a number of thematic intellectual property issue linkages, exploring the formal and informal institutional interactions and multi-stakeholder holder intrigues implicated in the global governance of intellectual property. Using examples from bio-technology, bio-diversity, bio-prospecting and bio-piracy it investigates the shift or concentration in the focus of innovation from physical to life sciences and the ensuing changes in international intellectual property law making and their implications for intellectual property jurisprudence. It examines the character of the reception, resistance and various nuanced reactions to the changes brought about by the TRIPS Agreement, exploring the various institutional sites and patterns of such responses, as well as the escalation in the issue-linkages associated with the concept and impact of intellectual property law. Drawing upon multiple methodological approaches including law and legal theory; regime theory, globalization and global governance Chidi Oguamanam explores the intellectual property dynamics in the "Global Knowledge Economy" focusing on digitization and information revolution phenomenon and the concept of a post-industrial society. The book articulates an agenda for global governance of intellectual property law in the 21st century and speculates on the future of intellectual property in North-South relations.
This text is a general introduction to American judicial process. The authors cover the major institutions, actors, and processes that comprise the U.S. legal system, viewed from a political science perspective. Grounding their presentation in empirical social science terms, the authors identify popular myths about the structure and processes of American law and courts and then contrast those myths with what really takes place. Three unique elements of this "myth versus reality" framework are incorporated into each of the topical chapters: 1) "Myth versus Reality" boxes that lay out the topics each chapter covers, using the myths about each topic contrasted with the corresponding realities. 2) "Pop Culture" boxes that provide students with popular examples from film, television, and music that tie-in to chapter topics and engage student interest. 3) "How Do We Know?" boxes that discuss the methods of social scientific inquiry and debunk common myths about the judiciary and legal system. Unlike other textbooks, American Judicial Process emphasizes how pop culture portrays—and often distorts—the judicial process and how social science research is brought to bear to provide an accurate picture of law and courts. In addition, a rich companion website will include PowerPoint lectures, suggested topics for papers and projects, a test bank of objective questions for use by instructors, and downloadable artwork from the book. Students will have access to annotated web links and videos, flash cards of key terms, and a glossary.