Misreading Law Misreading Democracy

Author: Victoria Nourse
Publisher: Harvard University Press
ISBN: 0674971418
Size: 29.25 MB
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Victoria Nourse argues that lawyers must be educated on the basic procedures that define how Congress operates today.

Misreading The Bill Of Rights Top Ten Myths Concerning Your Rights And Liberties

Author: Kirby Goidel
Publisher: ABC-CLIO
ISBN: 144083234X
Size: 24.62 MB
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Chapter 6 The Establishment Clause: Misreading or Myth? ... However, this myth
is less attributable to a misreading of the Bill of Rights than it is to a wholesale
substitution of constitutional text for an accessible metaphor. ... Jefferson—
inadvertently or cleverly—wove a rather intricate tapestry of religion, liberty, and
democracy in a scant 134 words: Believing with you that religion is a matter
which lies solely between Man & his God, that he owes account to none other for
his faith or his ...

Democracy And The Rule Of Law In China

Author: Keping Yu
Publisher: BRILL
ISBN: 9004182128
Size: 43.90 MB
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What often follows is a consequent misreading of the Chinese political scene,
which is more often than not driven by wishful thinking and tendentious distortion.
These intellectuals and academics are, for the most part, committed to the
socialist system and the regime that speaks in its name. These volumes seek to
let some of the more politically influential intellectuals speak for themselves, with
all their ideological inclinations and stylistic idiosyncrasies, which are no less
significant as ...

The Boundaries Of Freedom Of Expression Order In American Democracy

Author: Thomas R. Hensley
Publisher: Kent State University Press
ISBN: 9780873386920
Size: 15.63 MB
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The core of his argument, that such claims are grounded on a misreading of
these provisions' creation, has much merit. Those legal scholars who developed
what they call the "Standard Model" of the Second Amendment have looked
closely at documents generated in the official debates over late-eighteenth-
century state and federal constitutions. Such research is necessary and important
, but it is insufficient, because unfortunately it examines only formal legislative

Overruling Democracy

Author: Jamin B. Raskin
Publisher: Routledge
ISBN: 1135952728
Size: 39.43 MB
Format: PDF, ePub
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We should rewrite the Constitution in order to re-right American democracy.
When the Supreme Court shrinks our civil rights by misinterpreting a federal
statute, Congress can go back and amend the law to restore the original meaning
, something it has done frequently in the new age of judicial reactivism. In 1982,
for example, Congress amended the Voting Rights Act to make clear that the Act
legislates an “effects” test for discrimination against minorities in voting and not
an “intent” ...

Caring Democracy

Author: Joan C. Tronto
Publisher: NYU Press
ISBN: 0814782779
Size: 58.26 MB
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But the other half of this argument is equally important: democracy itself, as a
form of governing in which citizens participate, requires care. A democratic state
in which citizens do not care about justice, about their role in controlling rulers, in
the rule of law itself, will not long remain a democracy. I hope that my argument is
not misread. We are living in an age in which “politics” has come to have such a
strained and empty meaning that it is possible to think that I am suggesting that ...

Misreading The Chinese Character

Author: Dave Williams
Publisher: Peter Lang Pub Incorporated
ISBN: 9780820445595
Size: 15.66 MB
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... 1876-77 which destroyed the wheat crop. A state which had once presented
seemingly unlimited economic opportunities for all now appeared to be a
wasteland. In the grip of economic forces they did not understand, unemployed
Euroamerican laborers blamed the Chinese for their difficulties. San Francisco's
heavily working-class Democratic wards elected municipal officers who reflected
their constituents' resentment. The Board of Supervisors passed many flagrantly
racist laws, ...

Weber Habermas And Transformations Of The European State

Author: John P. McCormick
Publisher: Cambridge University Press
ISBN: 1139463578
Size: 64.95 MB
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Legal indeterminacy means that executive and judicial arms usurp the position of
legislatures. Society, it would seem, now suffers the intrusion of executive and
judicial decrees. So, much of the discourse distinguishing the two paradigms of
the rule of law serves to validate either the neo-conservative or the social
democratic visions of law. In his resolution of the dispute, Habermas does not
choose between these two positions that sometimes seem to deliberately
misread each other.

Living Lawfully

Author: Z. Bankowski
Publisher: Springer Science & Business Media
ISBN: 9401720991
Size: 78.63 MB
Format: PDF
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London: Chatto & Windus Rottleutner H (1989b): “The Limits of Law - The Myth of
a Regulatory Crisis”, in 17 International Journal of the Sociology of Law, 273-286
Sanders EP (1991): Paul Oxford: Oxford University Press Sousa Santos B de (
1987): “Law: a map of misreading", in 14 Journal of Law and Society, 279-299
Schauer R (1991): Playing by the Rules?. Oxford: Clarendon Press Scherdin M (
1992): “The Hallo Effect. Psychological Deterrence of Electronic Security Systems
”, ...

The End Of Democracy

Author: Mitchell Shannon Muncy
Publisher: Spence Pub
Size: 13.17 MB
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The California initiative was modeled on the federal Civil Rights Act of 1964
which, beginning with the Weber case in 1979, has been knowingly and willfully
misread by the Supreme Court. For proof of this assertion, consider the comment
made byJustice Sandra Day O'Connor in a 1987 case: “As Justice Scalia
illuminates with excruciating clarity, [this section of the Act] has been interpreted
by Weber and succeeding cases to permit what its language read literally would