The Constitution Of Risk
DOWNLOAD
Download The Constitution Of Risk PDF/ePub or read online books in Mobi eBooks. Click Download or Read Online button to get The Constitution Of Risk book now. This website allows unlimited access to, at the time of writing, more than 1.5 million titles, including hundreds of thousands of titles in various foreign languages. If the content not found or just blank you must refresh this page
The Constitution Of Risk
DOWNLOAD
Author : Adrian Vermeule
language : en
Publisher: Cambridge University Press
Release Date : 2014
The Constitution Of Risk written by Adrian Vermeule and has been published by Cambridge University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2014 with Law categories.
The Constitution of Risk is the first book to combine constitutional theory with the theory of risk regulation. The book argues that constitutional rulemaking is best understood as a means of managing political risks. Constitutional law structures and regulates the risks that arise in and from political life, such as an executive coup or military putsch, political abuse of ideological or ethnic minorities, or corrupt self-dealing by officials. The book claims that the best way to manage political risks is an approach it calls "optimizing constitutionalism" - in contrast to the worst-case thinking that underpins "precautionary constitutionalism," a mainstay of liberal constitutional theory. Drawing on a broad range of disciplines such as decision theory, game theory, welfare economics, political science, and psychology, this book advocates constitutional rulemaking undertaken in a spirit of welfare maximization, and offers a corrective to the pervasive and frequently irrational attitude of distrust of official power that is so prominent in American constitutional history and discourse.
International Governance And Risk Management
DOWNLOAD
Author : Toshihiro Ihori
language : en
Publisher: Springer
Release Date : 2019-07-23
International Governance And Risk Management written by Toshihiro Ihori and has been published by Springer this book supported file pdf, txt, epub, kindle and other format this book has been release on 2019-07-23 with Business & Economics categories.
In this book the authors demonstrate how the economics of insurance, risk reduction, and damage control or limitation can be combined with concepts of collective choice and collective behavior to improve analysis of the escalating threats faced by alliances throughout the world. The book develops a theory of risk management as integrating likelihood of loss, magnitude of loss, and isolation from loss into a consolidated model. It extends existing concepts of individual risk management by a single person to decision theory for an entire country, managed by a government bureaucracy and lodged in a universe of overlapping alliances. The authors uncover a tendency, inherent in any bureaucracy for policy coordination in the realm of risk control to fail because of misunderstanding, disinterest, or perverse incentives. Understanding such incentives is essential to any sort of progress in risk management of proliferating national and global threats. Self-protection aims to reduce the chances of loss. This reduction may require the use, or threat or promise of use, of defensive military weapons or, depending on context, the use of offensive military weapons. Japan's constitution limits Japan to use of defensive measures only, even if Japan and the USA have formed a military alliance. This places Japan at an “economic corner solution” of providing only self-insurance. However, the Abe government intends to change the interpretation of the constitution so that Japan can provide a full range of self-protection as well as self-insurance. With the prospect of such constitutional change, this book becomes of special relevance to Japan's national security.
Risk Regulation And Administrative Constitutionalism
DOWNLOAD
Author : Elizabeth Charlotte Fisher
language : en
Publisher:
Release Date : 2007
Risk Regulation And Administrative Constitutionalism written by Elizabeth Charlotte Fisher and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2007 with Administrative law categories.
The regulation of environmental and public health risks is a controversial area of government activity. This book studies the public law dimension of these controversies, particularly the interrelationship between risk regulation, public law and theories of legitimate administrative governance.
Right Risk
DOWNLOAD
Author : Bill Treasurer
language : en
Publisher: ReadHowYouWant.com
Release Date : 2009-04
Right Risk written by Bill Treasurer and has been published by ReadHowYouWant.com this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-04 with categories.
Right Risk is about taking more deliberate and intentional risks in an increasingly complex world. It is about all the things that happen to you when you are planning for, engaging in, or running from, a risk. It aims to answer such questions as: How do I know which risks to take and which to avoid? How do I balance the need to take more risks w...
The Schoolhouse Gate
DOWNLOAD
Author : Justin Driver
language : en
Publisher: Pantheon
Release Date : 2018-09-04
The Schoolhouse Gate written by Justin Driver and has been published by Pantheon this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-09-04 with Law categories.
A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school students, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to unauthorized immigration, from antiwar protests to compulsory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked transforming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any procedural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the viewpoint it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magisterial book will make it impossible to view American schools—or America itself—in the same way again.
Freedom At Risk
DOWNLOAD
Author : James Lane Buckley
language : en
Publisher: Encounter Books
Release Date : 2010
Freedom At Risk written by James Lane Buckley and has been published by Encounter Books this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010 with History categories.
Contains essays, many from the 1970s, in which James Buckley, a former senator, under secretary of state, and judge on the U.S. Court of Appeals for the D.C. Circuit, shares his opinions on the adverse effects of the growth of the federal government.
Judging Under Uncertainty
DOWNLOAD
Author : Adrian Vermeule
language : en
Publisher: Harvard University Press
Release Date : 2006
Judging Under Uncertainty written by Adrian Vermeule and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with Law categories.
In this book, Adrian Vermeule shows that any approach to legal interpretation rests on institutional and empirical premises about the capacities of judges and the systemic effects of their rulings. He argues that legal interpretation is above all an exercise in decisionmaking under severe empirical uncertainty.
Risk Vs Risk
DOWNLOAD
Author : John D. Graham
language : en
Publisher: Harvard University Press
Release Date : 2009-07-01
Risk Vs Risk written by John D. Graham and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009-07-01 with Political Science categories.
We see the stories in the newspaper nearly every day: a drug hailed as a breakthrough treatment turns out to cause harmful side effects; controls implemented to reduce air pollution are shown to generate hazardous solid waste; bans on dangerous chemicals result in the introduction of even more risky substitutes. Could our efforts to protect our health and the environment actually be making things worse? In Risk versus Risk, John D. Graham, Jonathan Baert Wiener, and their colleagues at the Harvard Center for Risk Analysis marshal an impressive set of case studies which demonstrate that all too often our nation's campaign to reduce risks to our health and the environment is at war with itself.
How To Save A Constitutional Democracy
DOWNLOAD
Author : Tom Ginsburg
language : en
Publisher: University of Chicago Press
Release Date : 2018-10-05
How To Save A Constitutional Democracy written by Tom Ginsburg and has been published by University of Chicago Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2018-10-05 with Law categories.
Democracies are in danger. Around the world, a rising wave of populist leaders threatens to erode the core structures of democratic self-rule. In the United States, the tenure of Donald Trump has seemed decisive turning point for many. What kind of president intimidates jurors, calls the news media the “enemy of the American people,” and seeks foreign assistance investigating domestic political rivals? Whatever one thinks of President Trump, many think the Constitution will safeguard us from lasting damage. But is that assumption justified? How to Save a Constitutional Democracy mounts an urgent argument that we can no longer afford to be complacent. Drawing on a rich array of other countries’ experiences with democratic backsliding, Tom Ginsburg and Aziz Z. Huq show how constitutional rules can both hinder and hasten the decline of democratic institutions. The checks and balances of the federal government, a robust civil society and media, and individual rights—such as those enshrined in the First Amendment—often fail as bulwarks against democratic decline. The sobering reality for the United States, Ginsburg and Huq contend, is that the Constitution’s design makes democratic erosion more, not less, likely. Its structural rigidity has had unforeseen consequence—leaving the presidency weakly regulated and empowering the Supreme Court conjure up doctrines that ultimately facilitate rather than inhibit rights violations. Even the bright spots in the Constitution—the First Amendment, for example—may have perverse consequences in the hands of a deft communicator who can degrade the public sphere by wielding hateful language banned in many other democracies. We—and the rest of the world—can do better. The authors conclude by laying out practical steps for how laws and constitutional design can play a more positive role in managing the risk of democratic decline.
Breaking The Vicious Circle
DOWNLOAD
Author : Stephen Breyer
language : en
Publisher: Harvard University Press
Release Date : 1995-03-15
Breaking The Vicious Circle written by Stephen Breyer and has been published by Harvard University Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 1995-03-15 with Political Science categories.
Breaking the Vicious Circle is a tour de force that should be read by everyone who is interested in improving our regulatory processes. Written by a highly respected federal judge, who obviously recognizes the necessity of regulation but perceives its failures and weaknesses as well, it pinpoints the most serious problems and offers a creative solution that would for the first time bring rationality to bear on the vital issue of priorities in our era of limited resources.