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Author: Philip Hamburger
Publisher: Harvard University Press
ISBN: 0674258231
Category : Law
Languages : en
Pages : 337
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Book Description
From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Author: Philip Hamburger
Publisher: Harvard University Press
ISBN: 0674258231
Category : Law
Languages : en
Pages : 337
Get Book
Book Description
From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of Òunconstitutional conditionsÓÑthose that threaten constitutional rightsÑbut at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the ConstitutionÕs rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of powerÑan irregular pathwayÑby which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Author: Philip Hamburger
Publisher: Harvard University Press
ISBN: 0674270169
Category : Law
Languages : en
Pages : 337
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Book Description
From a leading constitutional scholar, an important study of a powerful mode of government control: the offer of money and other privileges to secure submission to unconstitutional power. The federal government increasingly regulates by using money and other benefits to induce private parties and states to submit to its conditions. It thereby enjoys a formidable power, which sidesteps a wide range of constitutional and political limits. Conditions are conventionally understood as a somewhat technical problem of “unconstitutional conditions”—those that threaten constitutional rights—but at stake is something much broader and more interesting. With a growing ability to offer vast sums of money and invaluable privileges such as licenses and reduced sentences, the federal government increasingly regulates by placing conditions on its generosity. In this way, it departs not only from the Constitution’s rights but also from its avenues of binding power, thereby securing submission to conditions that regulate, that defeat state laws, that commandeer and reconfigure state governments, that extort, and even that turn private and state institutions into regulatory agents. The problem is expansive, including almost the full range of governance. Conditions need to be recognized as a new mode of power—an irregular pathway—by which government induces Americans to submit to a wide range of unconstitutional arrangements. Purchasing Submission is the first book to recognize this problem. It explores the danger in depth and suggests how it can be redressed with familiar and practicable legal tools.
Author: Michel Houellebecq
Publisher: Random House
ISBN: 1473523613
Category : Fiction
Languages : en
Pages : 256
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Book Description
As the 2022 French Presidential election looms, two candidates emerge as favourites: Marine Le Pen of the Front National, and the charismatic Muhammed Ben Abbes of the growing Muslim Fraternity. Forming a controversial alliance with the political left to block the Front National’s alarming ascendency, Ben Abbes sweeps to power, and overnight the country is transformed. This proves to be the death knell of French secularism, as Islamic law comes into force: women are veiled, polygamy is encouraged and, for our narrator François – misanthropic, middle-aged and alienated – life is set on a new course. Submission is a devastating satire, comic and melancholy by turns, and a profound meditation on faith and meaning in Western society.
Author: S. Sethi
Publisher: Springer
ISBN: 0230621724
Category : Business & Economics
Languages : en
Pages : 183
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Book Description
Group Purchasing Organizations (GPOs) are a massive subset of the healthcare industry that negotiate lower costs for healthcare supplies by buying for several hospitals at once. Group Purchasing Organizations provides an analysis and critique of this industry.
Author: Philip HAMBURGER
Publisher: Harvard University Press
ISBN: 0674038193
Category : Law
Languages : en
Pages : 705
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Book Description
Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.
Author: James E. Fleming
Publisher: Harvard University Press
ISBN: 0674070747
Category : Law
Languages : en
Pages : 482
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Book Description
Many have argued in recent years that the U.S. constitutional system exalts individual rights over responsibilities, virtues, and the common good. Answering the charges against liberal theories of rights, James Fleming and Linda McClain develop and defend a civic liberalism that takes responsibilities and virtues—as well as rights—seriously. They provide an account of ordered liberty that protects basic liberties stringently, but not absolutely, and permits government to encourage responsibility and inculcate civic virtues without sacrificing personal autonomy to collective determination. The battle over same-sex marriage is one of many current controversies the authors use to defend their understanding of the relationship among rights, responsibilities, and virtues. Against accusations that same-sex marriage severs the rights of marriage from responsible sexuality, procreation, and parenthood, they argue that same-sex couples seek the same rights, responsibilities, and goods of civil marriage that opposite-sex couples pursue. Securing their right to marry respects individual autonomy while also promoting moral goods and virtues. Other issues to which they apply their idea of civic liberalism include reproductive freedom, the proper roles and regulation of civil society and the family, the education of children, and clashes between First Amendment freedoms (of association and religion) and antidiscrimination law. Articulating common ground between liberalism and its critics, Fleming and McClain develop an account of responsibilities and virtues that appreciates the value of diversity in our morally pluralistic constitutional democracy.
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Languages : en
Pages : 268
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Book Description
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Languages : en
Pages : 54
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Book Description
Archival snapshot of entire looseleaf Code of Massachusetts Regulations held by the Social Law Library of Massachusetts as of January 2020.
Author: Richard H. Fallon
Publisher: Harvard University Press
ISBN: 0674975812
Category : Law
Languages : en
Pages : 237
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Book Description
Legitimacy and judicial authority -- Constitutional meaning : original public meaning -- Constitutional meaning : varieties of history that matter -- Law in the Supreme Court : jurisprudential foundations -- Constitutional constraints -- Constitutional theory and its relation to constitutional practice -- Sociological, legal, and moral legitimacy : today and tomorrow
Author:
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ISBN:
Category : Administrative law
Languages : en
Pages : 58
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Book Description
Archival snapshot of entire looseleaf Code of Massachusetts Regulations held by the Social Law Library of Massachusetts as of January 2020.
