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Bending the Law is a must read for bankruptcy practitioners, and for anyone else concerned about the use of bankruptcy law to deal with mass torts.
This title provides managers, executives and other professionals with an innovative method for critical decision-making. The book explains the reasons for decision failures using the Law of Unintended Consequences. This account draws on the work of sociologist Robert K. Merton, psychologists Amos Tversky and Daniel Kahneman, and economist Herbert Simon to identify two primary causes⁠: cognitive biases and bounded rationality. It introduces an innovative method for “test driving” decisions that addresses both causes by combining scenario planning and “what-if” simulations. This method enables professionals to learn safely from virtual mistakes rather than real ones. It also provides four sample test drives of realistic critical decisions as well as two instructional videos to illustrate this new method. This book provides leaders and their support teams with important new tools for analyzing and refining complex decisions that are critical to organizational well-being and survival.
Who determines the fuel standards for our cars? What about whether Plan B, the morning-after pill, is sold at the local pharmacy? Many people assume such important and controversial policy decisions originate in the halls of Congress. But the choreographed actions of Congress and the president account for only a small portion of the laws created in the United States. By some estimates, more than ninety percent of law is created by administrative rules issued by federal agencies like the Environmental Protection Agency and the Department of Health and Human Services, where unelected bureaucrats with particular policy goals and preferences respond to the incentives created by a complex, procedure-bound rulemaking process. With Bending the Rules, Rachel Augustine Potter shows that rulemaking is not the rote administrative activity it is commonly imagined to be but rather an intensely political activity in its own right. Because rulemaking occurs in a separation of powers system, bureaucrats are not free to implement their preferred policies unimpeded: the president, Congress, and the courts can all get involved in the process, often at the bidding of affected interest groups. However, rather than capitulating to demands, bureaucrats routinely employ “procedural politicking,” using their deep knowledge of the process to strategically insulate their proposals from political scrutiny and interference. Tracing the rulemaking process from when an agency first begins working on a rule to when it completes that regulatory action, Potter shows how bureaucrats use procedures to resist interference from Congress, the President, and the courts at each stage of the process. This exercise reveals that unelected bureaucrats wield considerable influence over the direction of public policy in the United States.
Essential for students and scholars in politics and law, Pelc provides a comprehensive account of the politics of treaty flexibility.
When the Fifteenth Amendment of 1870 granted African Americans the right to vote, it seemed as if a new era of political equality was at hand. Before long, however, white segregationists across the South counterattacked, driving their black countrymen from the polls through a combination of sheer terror and insidious devices such as complex literacy tests and expensive poll taxes. Most African Americans would remain voiceless for nearly a century more, citizens in name only until the passage of the 1965 Voting Rights Act secured their access to the ballot. In Bending Toward Justice, celebrated historian Gary May describes how black voters overcame centuries of bigotry to secure and preserve one of their most important rights as American citizens. The struggle that culminated in the passage of the Voting Rights Act was long and torturous, and only succeeded because of the courageous work of local freedom fighters and national civil rights leaders -- as well as, ironically, the opposition of Southern segregationists and law enforcement officials, who won public sympathy for the voting rights movement by brutally attacking peaceful demonstrators. But while the Voting Rights Act represented an unqualified victory over such forces of hate, May explains that its achievements remain in jeopardy. Many argue that the 2008 election of President Barack Obama rendered the act obsolete, yet recent years have seen renewed efforts to curb voting rights and deny minorities the act's hard-won protections. Legal challenges to key sections of the act may soon lead the Supreme Court to declare those protections unconstitutional. A vivid, fast-paced history of this landmark piece of civil rights legislation, Bending Toward Justice offers a dramatic, timely account of the struggle that finally won African Americans the ballot -- although, as May shows, the fight for voting rights is by no means over.
Tall, dark and intense, Detective Jason de Sanges excites all kinds of fantasies in Poppy Calloway. But when she suggests the three teens caught spray-painting a Seattle neighborhood be given art-related community service and he just wants to see them pay—all bets are off. With the men in his family always in and out of the slammer, Jase was raised in foster care. He knows what it takes to walk the line. And his number one self-imposed rule? Avoid his hunger for sexy, irresistible Poppy, who challenges him on everything. But it's a vow that's getting harder and harder to keep.…
A searing exposé of the profound failures in our justice system, told by a woman who has journeyed from wrongfully accused prisoner to acclaimed public defender Keeda Haynes was a Girl Scout and a churchgoer, but after college graduation, she was imprisoned for a crime she didn’t commit. Her boyfriend had asked her to sign for some packages—packages she did not know were filled with marijuana. As a young Black woman falsely accused, prosecuted, and ultimately imprisoned, Haynes suffered the abuses of our racist and sexist justice system. But rather than give in to despair, she decided to fight for change. After her release, she attended law school at night, became a public defender, and ultimately staged a highly publicized campaign for Congress. At every turn of her unlikely story, she gives unique insights into the inequities built into our institutions. In the end, despite the injustice she endured, she emerges convinced that ours can become a true second-chance culture.
Matthew Whitaker came to Washington to serve as chief of staff to Attorney General Jeff Sessions, and following Sessions’s resignation, he was appointed Acting Attorney General of the United States. A former football player at the University of Iowa who had been confirmed by the Senate as a U.S. Attorney, Whitaker was devoted to the ideals of public service and the rule of law. But what he found when he led the Department of Justice on behalf of President Trump were bureaucratic elites with an agenda all their own. The Department of Justice had been steered off course by a Deep State made up of Washington insiders who saw themselves as above the law. Recklessly inverting, bending, and breaking the law to achieve their own political goals, they relentlessly undermined the Constitution by flaunting the rightful authority of a President they despised. Whitaker was an outsider with a desire to see justice done and democracy work. In his straightforward new book, Above the Law, he provides a stunning account of what he found in the swamp that is Washington. Whitaker reveals: • How former FBI Director James Comey and top figures in the Justice Department openly worked against President Trump • How the Deep State relies on the complicity of the mainstream media to achieve its ends • How the Deep State—drawing on elite universities and corporate law firms—perpetuates itself, keeping a small clique of people in power to ensure that nothing ever changes • How Robert Mueller’s investigation into alleged Russian collusion quickly concluded there was no evidence of wrong- doing by the President or his campaign but nevertheless produced a massive report that was intended as an act of political subversion If you had any doubts that the Deep State actually exists, that it perpetuates a government of insiders, and that it inexorably pursues a political agenda of its own, then you will find Whitaker’s first-person account eye-opening and utterly convincing.
This text re-examines issues concerning the relationship between disability and normality in the light of postmodern theory and political activism. It argues that disability can become the new prism through which postmodernity examines and defines itself.