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"51 Imperfect Solutions told stories about specific state and federal individual constitutional rights, and explained two benefits of American federalism: how two sources of constitutional protection for liberty and property rights could be valuable to individual freedom and how the state courts could be useful laboratories of innovation when it comes to the development of national constitutional rights. This book tells the other half of the story. Instead of focusing on state constitutional individual rights, this book takes on state constitutional structure. Everything in law and politics, including individual rights, comes back to divisions of power and the evergreen question: Who decides? The goal of this book is to tell the structure side of the story and to identify the shifting balances of power revealed when one accounts for American constitutional law as opposed to just federal constitutional law. The book contains three main parts-on the judicial, executive, and legislative branches-as well as stand-alone chapters on home-rule issues raised by local governments and the benefits and burdens raised by the ease of amending state constitutions. A theme in the book is the increasingly stark divide between the ever-more democratic nature of state governments and the ever-less democratic nature of the federal government over time"--
Throughout the contest for the 2008 Democratic presidential nomination, politicians and voters alike worried that the outcome might depend on the preferences of unelected superdelegates. This concern threw into relief the prevailing notion that—such unusually competitive cases notwithstanding—people, rather than parties, should and do control presidential nominations. But for the past several decades, The Party Decides shows, unelected insiders in both major parties have effectively selected candidates long before citizens reached the ballot box. Tracing the evolution of presidential nominations since the 1790s, this volume demonstrates how party insiders have sought since America’s founding to control nominations as a means of getting what they want from government. Contrary to the common view that the party reforms of the 1970s gave voters more power, the authors contend that the most consequential contests remain the candidates’ fights for prominent endorsements and the support of various interest groups and state party leaders. These invisible primaries produce frontrunners long before most voters start paying attention, profoundly influencing final election outcomes and investing parties with far more nominating power than is generally recognized.
Who Lives, Who Dies, Who Decides? looks at several of the most contentious issues in many societies. The book asks, whose rights are protected? How do these rights and protections change over time, and who makes those decisions? This book explores the fundamentally sociological processes which underlie the quest for morality and justice in human societies. The author sheds light on the social movements and social processes at the root of these seemingly personal moral questions. The third edition contains a new chapter on torture entitled, "Taking Life and Inflicting Suffering."
Ehrlich explores the social and emotions as well as the legal dimensions of young women who are pregnant but not prepared to bear and raise a child. Her study pivots on the voices of 26 young women from Massachusetts who, under state law, elected to seek court authorization for an abortion rather than obtain consent from a parent. The series will deal with topics about reproduction that are currently contentious in the US, if not anywhere else in the world.
Throughout history, men and women have always found ways to control reproduction. In some ancient societies, people turned to herbs or traditional rituals. Others turned to methods that are still used in the twenty-first century, such as abstinence, condoms, and abortions. Legislating access to birth control, sex education, and abortion is also not new. In 1873 the US Congress made it illegal to mail 'obscene, lewd, or lascivious materials'—including any object designed for contraception or to induce abortion. In some states in the 1900s, it was illegal for Americans to possess, sell, advertise, or even speak about methods of controlling pregnancy. At the beginning of the twentieth century, Margaret Sanger, Mary Ware Dennett, and others began to defy these laws and advocate for the legalization of birth control and for better women's reproductive healthcare. By 1960 doctors had developed the Pill, but it wasn't until 1972 that all US citizens had legal access to birth control. And in the landmark decision Roe v Wade (1973), the US Supreme Court ruled that women had a constitutional right to terminate a pregnancy. Disputes over contraception, sex education, and abortion continue to roil the nation, leading to controversial legal and political rulings and occasionally violence. As society changes—and as new reproductive technologies expand the possibilities for controlling and initiating pregnancy—Americans will continue to debate reproductive rights for all.
Over the last quarter century, educational leadership as a field has developed a broad strand of research that engages issues of social justice, equity and diversity. This effort includes the work of many scholars who advocate for a variety of equity-oriented leadership preparation approaches. Critical scholarship in Education Administration and Educational Politics is concerned with questions of power and in various ways asks questions around who gets to decide. In this volume, we ask who decides how to organize schools around criteria of ability and/or disability and what these decisions imply for leadership in schools. In line with this broader critical tradition of inquiry, this volume seeks to interrogate policies, research and personnel preparation practices which constitute interactions, discourses, and institutions that construct and enact ability and disability within the disciplinary field of education leadership. To do so, we present contributions from multidisciplinary perspectives. The volume is organized around four themes: 1. Leadership and Dis/Ability: Ontology, Epistemology, and Intersectionalities; 2. Educational Leaders and Dis/ability: Policies in Practice; 3. Experience and Power in Schools; 4. Advocacy, Leverage, and the Preparation of School Leaders. Intertwined within each theme are chapters, which explore theoretical and conceptual themes along with chapters that focus on empirical data and narratives that bring personal experiences to the discussion of disabilities and to the multiple ways in which disability shapes experiences in schools. Taken as a whole, the volume covers new territory in the study of educational leadership and dis/abilities at home, school, and work.
The question of whether a young woman should be allowed to terminate a pregnancy without her parents' knowledge has been one of the most contentious issues of the post Roe v. Wade era. Parental involvement laws reach to the core of the parent-teen relationship in the highly contested realm of adolescent sexuality. This is the first book to examine in thorough detail the decision-making experiences of teens considering abortion. Shoshanna Ehrlich evaluates the Supreme Court's efforts to reconcile the historically based understanding of teens as dependent persons in need of protection with a more contemporary understanding of them as autonomous individuals with adult-like claims to constitutional recognition. Arriving at a compromise, the Court has made clear that, like adult women, teens have a protected right of choice, but that states may impose a parental involvement requirement. However, so that parents are not vested with veto power over their daughters' decisions, young women must be allowed to seek a waiver of the requirement. Integrating a wealth of social science literature, including in-depth interviews with 26 young women from Massachusetts who obtained court authorization for an abortion, the book raises important questions about the logic of a legal approach that requires young women to involve adults when they seek to terminate a pregnancy, but that allows them to make a decision to become mothers on their own.
Who Decides Who Becomes a Teacher? extends the discussions and critiques of neoliberalism in education by examining the potential for Schools of Teacher Education to contest policies that are typical in K-12 schooling. Drawing on a case study of faculty collaboration, this edited volume reimagines teacher preparation programs as crucial sites of resistance to, and refusal of, unsound education practices and legislation. This volume also reveals by example how education faculty can engage in collaborative scholarly work to investigate the anticipated and unanticipated effects of policy initiatives on teaching and learning.
“A highly original, moving, and ultimately life-affirming book.” – Sunday Mirror (London) Twenty-four-year-old Veronika seems to have everything – youth and beauty, boyfriends and a loving family, a fulfilling job. But something is missing in her life. So, one cold November morning. She takes a handful of sleeping pills expecting to never wake up. But she does—at a mental hospital where she is told that she has only days to live. Inspired by events in Coelho’s own life, Veronika Decides to Die questions the meaning of madness and celebrates individuals who do not fit into patterns society considers to be normal. Bold and illuminating, it is a dazzling portrait of a young woman at the crossroads of despair and liberation, and a poetic, exuberant appreciation of each day as a renewed opportunity.
When we think of constitutional law, we invariably think of the United States Supreme Court and the federal court system. Yet much of our constitutional law is not made at the federal level. In 51 Imperfect Solutions, U.S. Court of Appeals Judge Jeffrey S. Sutton argues that American Constitutional Law should account for the role of the state courts and state constitutions, together with the federal courts and the federal constitution, in protecting individual liberties. The book tells four stories that arise in four different areas of constitutional law: equal protection; criminal procedure; privacy; and free speech and free exercise of religion. Traditional accounts of these bedrock debates about the relationship of the individual to the state focus on decisions of the United States Supreme Court. But these explanations tell just part of the story. The book corrects this omission by looking at each issue-and some others as well-through the lens of many constitutions, not one constitution; of many courts, not one court; and of all American judges, not federal or state judges. Taken together, the stories reveal a remarkably complex, nuanced, ever-changing federalist system, one that ought to make lawyers and litigants pause before reflexively assuming that the United States Supreme Court alone has all of the answers to the most vexing constitutional questions. If there is a central conviction of the book, it's that an underappreciation of state constitutional law has hurt state and federal law and has undermined the appropriate balance between state and federal courts in protecting individual liberty. In trying to correct this imbalance, the book also offers several ideas for reform.