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The contemporary US legal culture is marked by ubiquitous battles among various groups attempting to seize control of the law and wield it against others in pursuit of their particular agenda. This battle takes place in administrative, legislative, and judicial arenas at both the state and federal levels. This book identifies the underlying source of these battles in the spread of the instrumental view of law - the idea that law is purely a means to an end - in a context of sharp disagreement over the social good. It traces the rise of the instrumental view of law in the course of the past two centuries, then demonstrates the pervasiveness of this view of law and its implications within the contemporary legal culture, and ends by showing the various ways in which seeing law in purely instrumental terms threatens to corrode the rule of law.
In 1960, James M. Landis drafted this "Report on Regulatory Agencies to the President-Elect" and submitted it to President-elect (Sen.) John F. Kennedy, reexamining the federal regulatory commissions and administrative agencies' structures and powers. He recommended such reforms as strengthening the commissions' chairpersons and streamlining the agencies' procedures. The Kennedy Administration subsequently adopted many of the recommendations. This historic, oft-cited, and insightful monograph is now available as a modern and affordable paperback book; previously, it was nearly impossible to obtain even in used printings. Part of the 'Legal Legends Series' from Quid Pro Books. Other authors in the series include Oliver Wendell Holmes Jr., Karl Llewellyn, Roscoe Pound, Benjamin Cardozo, Thomas Reed Powell, Woodrow Wilson, Joseph Story, Louis Brandeis, and John Chipman Gray. Their classic works are presented in quality, modern formatting by Quid Pro Books and available at booksellers everywhere, as well as in new digital editions.
Auschwitz, 1270 to the Present elucidates how the prewar ordinary town of Auschwitz became Germany's most lethal killing site step by step and in stages: a transformation wrought by human beings, mostly German and mostly male. Who were the men who conceived, created, and constructed the killing facility? What were they thinking as they inched their way to iniquity? Using the hundreds of architectural plans for the camp that the Germans, in their haste, forgot to destroy, as well as blueprints and papers in municipal, provincial, and federal archives, Deborah Dwork and Robert Jan van Pelt show that the town of Auschwitz and the camp of that name were the centerpiece of Himmler's ambitious project to recover the German legacy of the Teutonic Knights and Frederick the Great in Nazi-ruled Poland. Analyzing the close ties between the 700-year history of the town and the five-year evolution of the concentration camp in its suburbs, Dwork and van Pelt offer an absolutely new and compelling interpretation of the origins and development of the death camp at Auschwitz. And drawing on oral histories of survivors, memoirs, depositions, and diaries, the authors explore the ever more murderous impact of these changes on the inmates' daily lives.
A great deal of contemporary law has a direct connection to the Holocaust. That connection, however, is seldom acknowledged in legal texts and has never been the subject of a full-length scholarly work. This book examines the background of the Holocaust and genocide through the prism of the law; the criminal and civil prosecution of the Nazis and their collaborators for Holocaust-era crimes; and contemporary attempts to criminally prosecute perpetrators for the crime of genocide. It provides the history of the Holocaust as a legal event, and sets out how genocide has become known as the "crime of crimes" under both international law and in popular discourse. It goes on to discuss specific post-Holocaust legal topics, and examines the Holocaust as a catalyst for post-Holocaust international justice. Together, this collection of subjects establishes a new legal discipline, which the author Michael Bazyler labels "Post-Holocaust Law."
Scholars in the Marketplace is a case study of market-based reforms at Uganda's Makerere University. With the World Bank heralding neoliberal reform at Makerere as the model for the transformation of higher education in Africa, it has implications for the whole continent. At the global level, the Makerere case exemplifies the fate of public universities in a market-oriented and capital friendly era. The Makerere reform began in the 1990s and was based on the premise that higher education is more of a private than a public good. Instead of pitting the public against the private, and the state against the market, this book shifts the terms of the debate toward a third alternative than explores different relations between the two. The book distinguishes between privatisation and commercialisation, two processes that drove the Makerere reform. It argues that whereas privatisation (the entry of privately sponsored students) is compatible with a public university where priorities are publicly set, commercialisation (financial and administrative autonomy for each faculty to design a market-responsive curriculum) inevitably leads to a market determination of priorities in a public university. The book warns against commercialisation of public universities as the subversion of public institutions for private purposes.
"With All Deliberate Speed is just wonderful. It gives the reader fascinating insights into the Roosevelt era, the Supreme Court, the Justice Department. It is funny, and endearingly human. Three cheers!" -Anthony Lewis, New York Times columnist, and Pulitzer Prize-winning author of Gideon's Trumpet "The fascinating, eloquent, and skillfully edited oral memoir of a distinguished public servant, who was at the epicenter of major legal controversies that his memoir illuminates. A major contribution to modern American legal history." -Richard A. Posner "With All Deliberate Speed provides an insider's rich account, spanning over thirty years, of the inner workings of the Supreme Court, the Solicitor General's Office and the Federal Trade Commission that anyone seriously interested in a frank behind-the-scenes view of the federal government should find exceptionally provocative and intriguing" -Drew Days III, Alfred M. Rankin Professor of Law, Yale University, and former Solicitor General of the United States, 1993-96 From a modest childhood in Patterson, N. J., Philip Elman rose to become clerk for the great Supreme Court Justice Felix Frankfurter, and then to a position in the U.S. Solicitor General's Office. As a member of that office, Philip Elman had an exceptional vantage point on one of the most momentous cases in U.S. Supreme Court history: Brown v. Board of Education. In this oral history memoir of Elman's life, With All Deliberate Speed, author Norman I. Silber reveals the maneuvering that led to the Court's overturning the doctrine of "separate but equal." Working behind the scenes, it was Justice Department attorney Elman who came up with the concept of gradual integration-an idea that worked its way into the final decision as the famous phrase "with all deliberate speed." Though this expression angered those pressing for immediate desegregation, Elman claims that it unified a divided Court, thus enabling them to stand together against the evil of segregation. With All Deliberate Speed records a decisive moment in Supreme Court history, but it is also Philip Elman's unforgettable oral memoir-the story of his entire career in government service, including his work with Attorney General Robert F. Kennedy as commissioner of the FTC, and his role in founding the modern consumer protection movement, which includes the antismoking campaign that put the Surgeon General's warning on cigarette packs. At once rich historical testimony and a gripping read, With All Deliberate Speed offers a rarely glimpsed insider's understanding of the politics of the American legal system.
The Taiwan economy has undergone a successful transition in the post-war period-transition from agricultural to industrial, from traditional to modem, and from backward to advanced economy. This book explores and illuminates broad dimensions of the transition growth of the Taiwan economy for the period 1951-81. It deals in depth with all major aspects: key issues of the early period; labor absorption and income distribution; trade, prices and external shocks; technical change; and economic policies. The coverage of these topics is extensive, so as to give readers a comprehensive outlook of the development of Taiwan after the Second World War.