Breaking The Deadlock
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The 2000 Presidential election ended in a collision of history, law, and the courts. It produced a deadlock that dragged out the result for over a month, and consequences--real and imagined--that promise to drag on for years. In the first in-depth study of the election and its litigious aftermath, Judge Posner surveys the history and theory of American electoral law and practice, analyzes which Presidential candidate ''really'' won the popular vote in Florida, surveys the litigation that ensued, evaluates the courts, the lawyers, and the commentators, and ends with a blueprint for reforming our Presidential electoral practices. The book starts with an overview of the electoral process, including its history and guiding theories. It looks next at the Florida election itself, exploring which candidate ''really'' won and whether this is even a meaningful question. The focus then shifts to the complex litigation, both state and federal, provoked by the photo finish. On the basis of the pragmatic jurisprudence that Judge Posner has articulated and defended in his previous writings, this book offers an alternative justification for the Supreme Court's decision in Bush v. Gore while praising the Court for averting the chaotic consequences of an unresolved deadlock. Posner also evaluates the performance of the lawyers who conducted the post-election litigation and of the academics who commented on the unfolding drama. He argues that neither Gore's nor Bush's lawyers blundered seriously, but that the reaction of the legal professoriat to the litigation exposed serious flaws in the academic practice of constitutional law. While rejecting such radical moves as abolishing the Electoral College or creating a national ballot, Posner concludes with a detailed plan of feasible reforms designed to avoid a repetition of the 2000 election fiasco. Lawyers, political scientists, pundits, and politicians are waiting to hear what Judge Posner has to say. But this book is written for and will be welcomed by all who were riveted by the recent crisis of presidential succession.
For over twenty years the abortion debate has raged, with each side entrenched in unyielding positions. This book breaks the impasse by using pro-life premises to reach pro-choice conclusions. While it is commonly assumed that state protection of the fetus as a form of human life undermines women's reproductive rights, McDonagh instead illuminates how it is exactly such state protection of the fetus that strengthens, rather than weakens, not only women's right to an abortion, but even more significantly, women's ability to call on the state for abortion funding. McDonagh's approach, by bridging the divide between pro-life and pro-choice advocates, revolutionizes the abortion debate in a way that opens up a whole new avenue for resolving the abortion conflict and advancing women's rights. McDonagh reframes the abortion debate by locating the missing piece of the puzzle: the fetus as the cause of pregnancy. After exposing the myths on this subject, her exacting analysis presents the scientific and legal evidence that the ultimate source of pregnancy is the fetus. The central issue then becomes what the fetus, as an active agent, does to a woman's body during pregnancy, whether that pregnancy is wanted or not. McDonagh graphically describes the massive changes produced by the fetus when it takes over a woman's body. As such, pregnancy is best depicted not as a condition that women have a right to choose but rather as a condition to which they must have a right to consent. Abortion, therefore, does not rest on the intensely debated principle, stated in Roe, that women have a right to be free from state interference when choosing privately what to do with their own bodies. Instead, as McDonagh's book explains, abortion rights flow inevitably from women's more established right to consent to what another agent does to their body. Specifically, women have a right to resist an unwanted intrusion by a fetus as well as to receive help from the state to stop such an intrusion. Moving abortion rights from choice to consent has broad legal and cultural ramifications tapping into the very cornerstone of the American political system: consent. McDonagh unravels the consequences of extending to pregnant women the same guarantees of bodily integrity and liberty possessed by others in our society. Specifically, she shows why a woman who does not consent to be made pregnant by a fetus, not only has a right to terminate pregnancy, but why the state violates constitutional due process and equal protection guarantees when it fails to provide her with the same protections against nonconsensual intrusions by a fetus as it provides against nonconsensual intrusions by other parties. This book pivotally strengthens, therefore, not only women's right to abortion but also abortion funding. By providing new grounds both for the public funding of abortion and for the removal of government restrictions on abortions, it lays the foundation for enhancing women's rights through major policy changes in legislatures and courts.
Research paper from the year 2006 in the subject Politics - International Politics - Region: Near East, Near Orient, grade: Distinction (Very good), Kings College London (War College), course: The Occupied Territories since 1967, 43 entries in the bibliography, language: English, abstract: This paper looks at the potential of breaking the deadlock of the Israeli-Palestinian Conflict through a unilateral "gazaesque" withdrawal of Israel from the remaining Occupied Territories. Since the Oslo agreement, Palestinian leaders have found that a state cannot be created by a simple declaration - peace and statehood have so far stumbled over a number of issues and it is questionable if a unilateral disengagement will change these: we will underline the reasons why this is so and why it will not be able to bring peace and coexistence. While events so far have not changed the fact that a Palestinian State remains a non-entity, they have equally shown all but the most hawkish actors that, despite the determined pursuit of policies designed to make Israeli dominance permanent, it will not be able to maintain the occupation indefinitely against local resistance and a growing refusal and dissent of Israelis against occupation1. But what if Israel would opt for an all-out unilateral withdrawal behind its 'separation barrier'? Could such a move bring about an independent Palestinian State - 'instant-peace in the Middle East' - or could it inversely cause an explosive knock-off reaction on the region? Could it lead to the perpetration of past cycles of violence?
The dispute over the South Atlantic islands that Britain calls the Falklands and Argentina claims as the Islas Malvinas has its own unique features, but the legal and political problems at its center, the tension between sovereignty based on prior title, the principle of territorial integrity, and the right of "a people" to self-determination are core issues in many of the other difficult conflicts that beset our rapidly changing world. This book presents a comprehensive analysis of the Falklands/Malvinas dispute and offers concrete suggestions for a new approach to its resolution. The author reviews the long and complex legal history of the islands, from the papal bulls of the fifteenth century and the diplomatic maneuverings of the European colonial powers to the break-up of empires and the evolution of the concept of self-determination. He also describes more recent developments in detail: the role of the United Nations, the failed negotiations that preceded military conflict in 1982, and the profound changes that have occurred in the islands since then. The Falklands War did not resolve the dispute between Britain and Argentina; after a period of stalemate, new initiatives are emerging, new proposals are being offered. The author argues that the opportunity now exists for all three partiesArgentina, Britain, and the islandersto get beyond outdated assumptions and rigidly held positions and construct a new framework for discussions and negotiations, one based on the real and present mutual interests of all concerned. This book makes an important contribution not only to the ongoing debate on the fate of the Falklands/Malvinas but also to the field of international law and conflictresolution.
The 2019 General Election was historic. In one fell swoop it resolved the longstanding stalemate surrounding Brexit and redrew the electoral map of Britain, breaking the deadlock in Parliament and bringing about the fall of Labour's so-called 'Red Wall'. Since 2016, Members of Parliament had struggled to reconcile a contested exercise in direct democracy with the established institutions of representative government. The 2017 election was meant to bring closure to Brexit. It did not: its indecisive outcome merely exacerbated the challenges. Parliament, the courts and ultimately the Monarch herself became embroiled in the chaos of Brexit. The scale of the Conservatives' definitive victory in December 2020 was therefore a significant departure and a return to the status quo. This latest edition of a prestigious and venerable series surveys the build up to the tumultuous election and its aftermath, offering reasoned conjecture about the future of British party politics and democracy.
The failure of the WTO Ministerial meeting in Seattle was a big blow to those who see trade liberalization as an important component of economic management and development. The immediate priority is to restore good faith among WTO members and confidence in the WTO. Wang and Winters argue that the developing countries have to be brought much more securely into the trading system, with greater attention being paid to their needs. Developing countries should approach a round of trade liberalization with a firm view of their priorities, and seek to ensure that WTO obligations will assist in achieving them. Developed countries also need to review and revise their widely disparate agendas and start to bridge their differences. Developed and developing countries alike need a rule-based world trading system, and they will all benefit from another round of trade liberalization.
In recent years, the justices of the Supreme Court have ruled definitively on such issues as abortion, school prayer, and military tribunals in the war on terror. They decided one of American history's most contested presidential elections. Yet for all their power, the justices never face election and hold their offices for life. This combination of influence and apparent unaccountability has led many to complain that there is something illegitimate—even undemocratic—about judicial authority. In The Will of the People, Barry Friedman challenges that claim by showing that the Court has always been subject to a higher power: the American public. Judicial positions have been abolished, the justices' jurisdiction has been stripped, the Court has been packed, and unpopular decisions have been defied. For at least the past sixty years, the justices have made sure that their decisions do not stray too far from public opinion. Friedman's pathbreaking account of the relationship between popular opinion and the Supreme Court—from the Declaration of Independence to the end of the Rehnquist court in 2005—details how the American people came to accept their most controversial institution and shaped the meaning of the Constitution.
American efforts continue to help resolve intractable Israel-Palestine conflict. I. William Zartman, Amira Schiff, Galia Golan, Walid Salem, and Barry Steiner, seek here to enhance the American contribution to a two-state Israel-Palestine solution.
When we are young children we believe everything will last and remain. It is only when we grow to adults that we come to realize our fault in not understanding that things change and fade with the passing of time. The New America is a place that has already been discovered by humankind, but its vastness cannot be measured; the exploration of the novel domain can, however, reveal a newer, truer thing than before, or what has already been abandoned by another. The strange New America is within us all and with each thought- old and new, foreign and domestic- a greater force it becomes, uniting all of mankind into one glorious unity of similarity and peace. In the end the New America will either be our great and terrible Wasteland, or our final return to Paradise.
|Author||: Citizens Housing and Planning Council (New York, N.Y.). Committee on Tax Policies,Citizens' Housing and Planning Council of New York. Committee on Tax Policies|
|Total Pages||: 329|
|ISBN 13||: STANFORD:36105044240690|
|Language||: EN, FR, DE, ES & NL|
In the ongoing debate about evolution, science and faith face off. But the truth is both sides are right and wrong. In one corner: Atheists like Richard Dawkins, Daniel Dennett, and Jerry Coyne. They insist evolution happens by blind random accident. Their devout adherence to Neo-Darwinism omits the latest science, glossing over crucial questions and fascinating details. In the other corner: Intelligent Design advocates like William Dembski, Stephen Meyer, and Michael Behe. Many defy scientific consensus, maintaining that evolution is a fraud and rejecting common ancestry outright. There is a third way. Evolution 2.0 proves that, while evolution is not a hoax, neither is it random nor accidental. Changes are targeted, adaptive, and aware. You’ll discover: How organisms re-engineer their genetic destiny in real time Amazing systems living things use to re-design themselves Every cell is armed with machinery for editing its own DNA The five amazing tools organisms use to alter their genetics 70 years of scientific discoveries—of which the public has heard virtually nothing! Perry Marshall approached evolution with skepticism for religious reasons. As an engineer, he rejected the concept of organisms randomly evolving. But an epiphany—that DNA is code, much like data in our digital age—sparked a 10-year journey of in-depth research into more than 70 years of under-reported evolutionary science. This led to a new understanding of evolution—an evolution 2.0 that not only furthers technology and medicine, but fuels our sense of wonder at life itself. This book will open your eyes and transform your thinking about evolution and God. You’ll gain a deeper appreciation for our place in the universe. You’ll see the world around you as you’ve never seen it before. Evolution 2.0 pinpoints the central mystery of biology, offering a multimillion dollar technology prize at naturalcode.org to the first person who can solve it.