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This is an EXACT reproduction of a book published before 1923. This IS NOT an OCR'd book with strange characters, introduced typographical errors, and jumbled words.This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ... Read more

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A frequently overlooked institution of American politics, the Office of the Solicitor General is responsible for all litigation before the U.S. Supreme Court on behalf of the executive branch. In carrying out this task, the solicitor general is also an advisor to the justices and a gatekeeper, controlling a large portion of litigation that reaches the Court's docket. Rebecca Salokar studies this office and shows that, with the increased politicization of the Justice Department, the work of the nation's lawyer is an integral component of executive policy-making. Paying particular attention to the selection of solicitors general and the political and legal environment in which they functioned, Salokar analyzes all Supreme Court cases in which the government was a participant from 1959 through 1986. Her interviews with several former solicitors general and members of their staffs provide contextual examples to support the statistical analyses. She demonstrates that this office can and does shape policy questions for the United States.While the relationship between the judicial and executive branches has been defined traditionally through the nomination of justices to the Court, Salokar reveals that another, more frequently used, link between the two branches exists in the Office of the Solicitor General. Rebecca Mae Salokar is Associate Professor of Political Science at Florida International University. ... Read more

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Originally published in 1869.This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies.All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume. ... Read more

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Publisher: Hartford, Conn. : American Publishing Co.Publication date: 1893Subjects: Forms (Law)Commercial lawNotes: This is an OCR reprint. There may be numerous typos or missing text. There are no illustrations or indexes.When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there. ... Read more

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Originally published in 1893.This volume from the Cornell University Library's print collections was scanned on an APT BookScan and converted to JPG 2000 format by Kirtas Technologies.All titles scanned cover to cover and pages may include marks notations and other marginalia present in the original volume. ... Read more

Product Description
This is an EXACT reproduction of a book published before 1923. This IS NOT an OCR'd book with strange characters, introduced typographical errors, and jumbled words.This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ... Read more

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This much revised and expanded edition guides researchers to sources that provide information about the general and specific subjects which form the jurisdiction of the U.S. Government. A tool that correlates legal authorities, principal offices, and financial resources and clarifies their patterns of interaction, the book points out the most appropriate methods and authors for accessing all fields of federal data. Students, teachers, public administrators, policy analysts and citizen activists will find that this easy-to-use guide reliably maps out the jurisdictions of government business and policymaking. ... Read more

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The primary objective of the studies reported in this volume is the analysis of the legislative process in parliamentary and other Western countries and in the European Community, in order to elaborate on fundamental categories. Also reported is a study of the application of information technology in legislative activities. In particular, the main aim of this research is to evaluate the relations between the sources of law systems operating in the various legal systems and the corresponding forms of government and to establish to what extent legislative techniques depend on the form of government in a given country, and vice-versa. All the studies are developed using comparative methods, take into account data concerning various countries and are based on separate analyses of each by the respective national legal scholars. ... Read more

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This book an EXACT reproduction of the original book published before 1923. This IS NOT an OCR?d book with strange characters, introduced typographical errors, and jumbled words.This book may have occasional imperfections such as missing or blurred pages, poor pictures, errant marks, etc. that were either part of the original artifact, or were introduced by the scanning process. We believe this work is culturally important, and despite the imperfections, have elected to bring it back into print as part of our continuing commitment to the preservation of printed works worldwide. We appreciate your understanding of the imperfections in the preservation process, and hope you enjoy this valuable book. ... Read more

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This timely volume discusses the extent to which the labor market is becomingmore flexible in response to competitive pressures and examines the pivotal roles of collectivebargaining in introducing this flexibility.

Providing detailed information from 22 country studies, the book covers industrializedand developing nations across Western Europe, North and South America, and Asia.It analyzesthe extent of flexibility introduced in these labor markets, as well as the changing role of the statein industrial relations, and the positions of employers and trade unions on labor marketflexibility.This comprehensive study reviews the move toward flexibility in four principal areas:contracts of employment, pay, working time, and work organization.

While closely examining the means of achieving greater labor market flexibility, thishighly topical book addresses the various ways in which flexibility has been introduced,including through legislative action, collective bargaining, individual contracts of employment,and unilateral employer decisions.The findings in this book reveal that collective bargaining isthe most effective means of introducing flexibility, as it engages both employers and workers inthe process of change.

In addition, the volume examines the outcomes of negotiations on flexibility at thecentral, sectoral, and enterprise levels, paying special attention to the trade-offs that arise,particularly in the areas of job security, working time, and workers' lifestyles. ... Read more

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Customer Reviews (5)

Fascinating and Non-Partisan View of Things
I bought this book expecting to find a conservative diatribe against big government.What I found, instead, was a fascinating and wide ranging exploration of some of the most controversial constitutional issues of the day.

In her Preface, Foley explains that she used to work for democrats on the Hill and considered herself a liberal.Then she went to law school and realized how little she knew about the Constitution and how it had been manipulated for political ends and transformed into a completely different kind of government. After spending many years researching the framers writings and political philosophers of the constitutional era, she came to realize that individual liberty was meant to be the dominant idea of the United States.After reading her careful analysis, I have to say that I now agree with her.

One of the most interesting ideas is her notion of "residual individual sovereignty," which is expressed by the Ninth Amendment.She basically asks us to consider what it meant when the founders told us that the "people" were "sovereign".She asks us to consider whether popular sovereignty is merely a collective idea, or if it has an individual dimension as well?She thinks it has an individual dimension and, if one understands the proper limits of governmental power, being a person who has sovereignty is a powerful idea.You're a king, I'm a king.Seriously.It's very empowering.And sovereignty was understood, at the time of the founding, to mean something pretty specific.Sovereigns could do whatever they wanted, so long as it did not harm other sovereigns.So if you and I have "residual individual sovereignty" (what's left over after we gave specific limited powers to government), then we are all free to do as we wish, so long as it doesn't hurt others.The harm principle (for those who are familiar with it) underlies our individual sovereignty and provides the basis for interpreting the Ninth Amendment (which has been considered an "inkblot" under orthodox legal ideas).

Foley is not afraid to attack orthodoxy.So yes, her tone is confident, but no overly so.She has research to back up everything she says (unlike so many other writers in the field).The endnotes for this book are almost 100 pages long, in small type.If you read these endnotes (I have), you cannot doubt that her assertions are worthy of serious consideration, even though they fly in the face of some of the most entrenched legal assumptions.You may not agree with her, but her ideas are plausible, consistent, and original.If the Constitution were interpreted to follow her originalist vision, the U.S. would be a very different, and very much more tolerant and free, place.

I have bought a couple of extra copies of this book since I first read it, to give to some friends who are stuck in pledging allegiance to ideologies that are divisive and unproductive.If you'd like to read a book on constitutional law that is not the tool of someone with a particular ideological agenda, you couldn't find a more interesting, well researched, and fascinating read.It will take you on an intellectual journey that you will not forget.And when you're done, you should pass the book along to a friend.

She kind of reminds me of Glenn Beck, though I know a lot of readers will moan when I say this because they think Beck (even though they probably never listened to him) is some sort of radical conservative.But for those of you who do know Beck, you know that one of his most refreshing traits is that he hates all the bastards (politicians) equally, because they have all betrayed the principles of our government when it's been convenient for them to do so.Foley is of the same ilk.We should all boycott those ideological books in favor of more books like these.

A Disappointment: Lapses Into Assumptions
Kind of interesting, but the author lapses into standard assumptions and bigotry, even immediately after talking about the "tyranny of the majority." Her hatred of fat people, for example, leaves one wondering if the rest of her arguments are so unexamined. She skirts over the obvious instances (religion, primarily) where the majority can be dangerous, but--even though this is directly related to her main thesis--ignores the impact of assumption and bigotry. Thinking that all fat people are lazy (she uses this lie at least twice), without any actual scientific basis for this assumption, does far more damage to everyone's freedom than the obvious act of trying to convert someone to your religion. It's the sneaky hatreds that are the worse, but she can't even identify them in herself. Similarly, she also never discusses the impact of governmental inertia and incompetence as a force of tyranny. Yes, she's too sure of herself, and stuck in theory, not reality.

Too Sure Of Itself For Its Flaws, Interesting Though
Books of this sort are interesting but too doctrinaire and selective to be convincing ... surely to the level of assurance suggested. This is furthered by the author -- again not unique to her -- questionable use of history, often ignoring troubling matters that would make her conclusions harder to reach. Thus, even if you respect her argument of libertarian views based on individual sovereignty (I do), how she gets there and how she applies it leaves something to be desired.

A few examples. As is typical of the genre, at least of those favored by the blurbs on the back of the book, the author argues recent courts have 'invented' things to fit the Constitution into what they feel is necessary for society. Interesting. After all, the author opposes Justice John Marshall's (who was at the founding) rejection of applying the Bill of Rights to the states in 1833 (before the 14th Amendment). One can also cite the Slaughterhouse Cases. That was 1873. And, a myriad others before the New Deal. As some note, pre-New Deal cases quite often upheld regulations. The 'Lochner Court' stereotype, notwithstanding.

Or, in general, all the liberty violations upheld in the past by the courts (no sending contraceptives thru the mail, various sexual practices, prohibtion laws [the fact a few did not doesn't suggest 'original understanding' which she claims is a primary drive of her jurisprudence] etc. One might also note times have changed -- there weren't even any police forces back in 1789.Modern society requires more laws (though citations of spitting on the sidewalk as an issue, is that not a public nuisance, is curious); but in many ways we are more free than we were in the past.

This is so even if general principles, though not how they were often applied, might be interpreted differently. She cites Burke ... but he was a conservative who supported many repressive laws on tradition grounds. Selective use of his statements mislead. Likewise, her balancing of state interest at times is rather brief (esp. latter chapters ... the one on illegal drugs are almost conclusionary; the body of the book is under 200pg) and a bit dubious. For instance, as to motorcycle helmets and public health costs, she notes the state generally doesn't pay. What if it did?

The book does have benefits, if we admit to such problems, suggesting that off the top claims and a bit more modesty is often useful in such works. The fact a 'living constitution' approach can use a work of this nature is a bit ironic, but so it goes. I'd add a recent book by Daniel Farber on the Ninth Amendment was also pretty brief, providing some interesting arguments, but not enough depth at times. A good companion volume.

Compelling Libertarian Thesis
Bound to be a future classic-- a sort of modern, practical John Stuart Mill "On Liberty"-esque book. An intriguing historical account of the unique features of the American Constitutional structure that have been unfortunately abandoned, leading to a proliferation of significant and trivial laws that restrict individual liberty and expand government's power. Foley's thesis is that there are "twin foundational principles" of American law that make it unique from all prior forms of government:(1) limited government (in terms of the powers granted by the people to their governors); and (2) residual individual sovereignty.She convincingly shows how these principles indicate a harm principle at work in American law-- not just in theory, but in fact.

Most original is her treatment of number 2 (residual individual sovereignty), which she traces back to the original Law of Nations devised by writers influential with the founding fathers, such as Vattel, Grotius and von Puffendorf. To the founding fathers, sovereignty, as defined by this Law of Nations, was understood in a very specific way, to mean complete liberty or power to do as the sovereign pleased, subject only to the principle of "do no harm" (except in self-defense).In the newly formed United States, the founding fathers parsed out to the governors only a very limited portion of sovereignty (limited powers) and kept the residuum in the hands of the people.When paired with the conception that American government was intended to possess power only to protect the people's life, liberty, and property, Foley shows us how the residual sovereignty remaining in the people's hands is very broad and meaningful indeed.This notion was memorialized in the Ninth Amendment (which has been completely ignored by the judiciary, as if it did not exist).

Unlike writers like Joel Feinberg (who is also highly recommended), Foley
offers a comprehensive definition of legal harm that can be applied to judge the legitimacy of all laws.She then proceeds to do so, tackling with finesse and mind-boggling breadth of knowledge issues like sex, drugs and alcohol, reproduction, marriage abortion, assisted suicide and others.

The writing is clear, crisp and entertaining.Her historical research is very original and tight.This book is a great read for anyone who is interested in a deep theory of the American Constitution. Unlike the previous reviewer (who apparently cannot spell), I would wholeheartedly recommend to anyone, conservative, liberal, libertarian or anywhere in between.Looking forward to reading her future work.

libetrian with liberal veiws
Where are theconstitutional values for liberty>? I do not recommend this book. ... Read more

Product Description
Volume: 2Publisher: London : A. MaxwellPublication date: 1837Notes: This is an OCR reprint. There may be typos or missing text. There are no illustrations or indexes.When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there. ... Read more

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Volume: 1Publisher: London : Sweet and MaxwellPublication date: 1896Subjects: Law reports, digests, etc. -- Great BritainNotes: This is an OCR reprint. There may be numerous typos or missing text. There are no illustrations or indexes.When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there. ... Read more

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Volume: 2, Pt. 2Publisher: Philadelphia, JohnsonPublication date: 1885Subjects: England -- Law Reports, digests, etcNotes: This is an OCR reprint. There may be numerous typos or missing text. There are no illustrations or indexes.When you buy the General Books edition of this book you get free trial access to Million-Books.com where you can select from more than a million books for free. You can also preview the book there. ... Read more

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Armed forces can be confronted with the problem of correctly classifying a targeted group as one that is or is not party to an armed conflict. In particular, this happens in a context of a high level of violence where a non-international armed conflict is (likely) occurring at the same time, such as in Iraq, Afghanistan, Brazil or Mexico. The difficulty of qualifying the targeted group leads to a legal uncertainty in which it is unclear whether an operation is governed by international humanitarian law or the international law of human rights. The problem is of particular interest when lethal force is resorted to, as killing might be illegal under one of the two branches. The book attempts to provide guidance on how this uncertainty can be overcome. In order to do so, the requirements to kill under IHL and human rights law are analyzed and compared, as well as assessed in concrete operations of the National Police of Colombia who face this problem on a regular basis.