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Political Science and International Studies (R0)

Justin DePlato

American Presidential Power and the War on Terror: Does the Constitution Matter?

Law in Global Contexts

This book offers an analysis of Union citizenship, one of the key legal concepts of EU law. Introduced in the Maastricht Treaty, EU citizenship was initially seen as a beautiful but empty symbol. Yet, in the three decades of its existence, Union citizenship developed into one of the cornerstones of the modern-day constitutional structure of the EU. To understand the dynamics behind EU citizenship's ongoing development and appreciate its current role in Union law, this monograph analyses various facets of Union citizenship seen through the same theoretical lens of autonomisation. The book suggests that EU citizenship is currently undergoing autonomisation to a considerable extent. Being an open-ended concept, Union citizenship possesses significant intrinsic forces that drive its expansion and elaboration. Having already gone an impressive distance in its legal development, EU citizenship is likely to grow further, but its ultimate destiny will depend on the future of the European project.

Autonomisation of EU Citizenship

In a movement-defining book, the "godmother of the current moment of dissatisfaction with establishment politics" (The New York Times) tells the story of the rising anti-monopoly movement and charts a course to a democratic future In a short, sharp political book, The Nation magazine's "Anti-Monopolist" columnist and "a prophet of the resurgent left" (Franklin Foer) explains the battle between the forces of oligarchy and the rise of the new anti-monopoly movement. Using the stories of modern anti-monopoly heroes including Federal Trade Commission Chair Lina Khan; blueberry farmer Hugh Kent, who turned his battle with Driscoll's into a farmers' movement; and Doha Mekki, the daughter of a Sudanese asylum seeker who took on Google and won; Teachout explains how anti-monopoly cuts across traditional political lines and gives real teeth to economic populism.Teachout, a scholar of the law of democracy and a politician whose run for governor of New York State shocked the political establishment, argues that monopoly is the architecture of private tyranny, and that breaking corporate power is essential to building a new democracy. From AI to agriculture, healthcare to energy, Americans understand that corporate concentration doesn't just cause inequality; it organizes power. Anti-Monopoly gives that feeling a name, a history, and a way forward. After a spate of books out of the Abundance movement arguing that we need to remove local democracy and focus on efficiency at scale, this book provides a sharp counterpoint.

A Citizen's Guide

Anti-Monopoly

What is tradition in American constitutional law, and what is its enduring appeal in American culture? In The Constitution of Practice, Marc O. DeGirolami presents and defends his theory of constitutional law, one rooted in our political, legal, and cultural experience. He argues that constitutional traditions are the ways in which we manifest, give concrete form to, and transmit political excellence across time. He explains how traditions also bind us to one another, strengthening the civic affection necessary to a democratic republic. Responding to several criticisms, the author discusses the relationship of constitutional method and American politics, evaluating traditionalism's political adhesion and its prospects in the coming decades. At a time when Americans increasingly do not trust their institutions, DeGirolami explores how a traditionalist approach to the Constitution can begin to repair the disaffection that many now feel for their legal institutions.

On Law and Tradition

The Constitution of Practice

A new paradigm based on quantum probability that can model stock markets and price options—and also upends classical quantitative finance. In The Quantum Stock Market, David Orrell combines theory and new empirical findings to argue for a new approach to finance based on quantum probability. The main finding, a property called q-variance, may be unique in finance in that it was discovered as the result of a prediction, affects financial markets in general, has no tunable parameter, and has important consequences for a range of topics including the pricing of financial options. The property, which somehow eluded detection for over a century, has been verified by experts in the field. And the fact that it is incompatible with classical finance—which is perhaps why it went undetected—suggests that the field must be reinvented. The aim of this book is therefore nothing less than to initiate a paradigm shift in finance. As with any new work that challenges existing methods, the ideas have already received considerable pushback from a range of sources, including leaders in the field of finance, along with physicists skeptical of applying quantum probability outside its traditional domain. Written in an interdisciplinary style that mixes mathematical equations, data analysis, and informed comment on the field of finance, it should be read by anyone—including students, academics, and practitioners—who wants to be on the right side of a paradigm shift.

And the Road Not Taken in Finance

The Quantum Stock Market

Critical Criminological Perspectives

This book considers the lessons that can be gleaned from the Occupy movement, some 14 years after its inception. The Occupy movement brought with it many things, including a renewed interest in class and class struggle. Using the work of Nicos Poulantzas as its departure point, the book considers the theoretical and conceptual parameters of class structures under the most contemporary form of capitalism: the monopoly finance capitalist stage. An examination of state responses to the Occupy movement reveals the ability of the exploiting classes to maintain and reproduce the capitalist system via an expression of political power through the state and its tendency to deploy both ideological and physical defenses against any significant attacks on capitalism. The analysis offered reveals how some degree of anti-capitalist opposition is tolerated until such time that it must be forcefully censored and stopped, coined here as ‘the authoritarian state with a democratic alter-ego’, offering a nuanced conceptualization of state power for readers to explore and apply for themselves in other contexts. For the nature of the state to change significantly, social class agents need to find ways to access greater autonomy from the shackles of its power. This book explores the ways in which attempts to take up counterhegemonic class positions are persistently thwarted by a pervasive and yet intricately configured state power, backed by profit motivated corporate interest. It also poses urgent questions about the role and nature of alliances when trying to challenge both ideological and forcefully repressive state practices under capitalism. The book considers how we ‘find each other’ again in future struggles against capitalism and the attendant harms that it produces for the whole of humanity and the planet.
Samantha Fletcher is Senior Lecturer at Manchester Metropolitan University, UK. Having worked in higher education for over 18 years, Samantha gained her doctoral thesis award from Liverpool John Moore’s University in 2019. Samantha’s research and teaching interests are concerned with the crimes and harms of the powerful and critical perspectives on justice. Samantha also writes and researches with William McGowan about death, dying, and marginalised mortalities

State Power, The Occupy Movement, and The Authoritarian State With a Democratic Alter-Ego

Revisiting Class Struggle

Hart Studies in Constitutional Theory

This book challenges the near-universal acceptance of a US-style, Western constitutional paradigm as the best basis for comparative constitutional studies. It does so on three main grounds: anachronism, 'othering' and cultural specificity. Main pillars of 'convergent constitutional theory' are rooted in the revolutionary, late-eighteenth century - a lost world; constitutional arrangements that deviate from the paradigm are often branded as 'outliers' or even as not constitutional at all; and the foundations of the paradigm in liberal democracy give no space for other forms of constitutionalism. Whatever the attractions of convergent theory as a normative ideal of good government, for the purposes of understanding, analysing and explaining constitutional systems it is far from ideal. This book discusses and questions: convergent theory's weddedness to writing as the technology of constitution-making; its image of a constitution as fundamental law; its idea that a constitution expresses the 'sovereignty of the people'; its use of tripartite separation of powers as the basic principle of institutional design; its relative neglect of administrative law; its association of 'rights' with judicially enforceable bills of rights; and its obsession with a vaguely specified concept of 'democracy'. It makes suggestions for alternative, preferable methods of understanding, analysing and explaining constitutions, and governmental and constitutional systems.

The Distorting Lens of Convergent Constitutional Theory

Studies in International Law

"This book provides clarity on the complex challenges of sea migration by offering a rule of law reading of the question, drawing on both black letter law and empirical data. This allows it to broaden the perspective of existing scholarship. It takes as its central case study the experience of Italy, exploring the legal issues in play there and its institutional practices and policies. It goes on look at the wider EU experience, particularly at the problems common to southern EU states. The book allows lawyers, political scientists and policymakers to truly engage with the challenges sea migration poses today"--

Responses to Sea Migration and the Rule of Law

The university is a foundational institution in society and a cornerstone of democracy. However, recent actions taken by the Trump administration pose an existential threat to this institution by undermining its singular animating right: academic freedom. In Academic Freedom in the Era of Trump, preeminent thinkers draw from their experience as university leaders and First Amendment scholars to portray this troubling moment for academic freedom. The volume examines the legal, historical, and philosophical foundations of academic freedom, its First Amendment roots, and the implications of recent political interference. The Supreme Court has now enshrined the principle of academic freedom within our First Amendment jurisprudence, unceasingly affirming the principle while continuing to refine its contours. Yet, the Trump administration has employed an authoritarian playbook to assault this principle, withholding federal research funding and exploiting antidiscrimination laws, among other tactics. To prevail in this moment, universities must defend academic freedom by clarifying and reaffirming the constitutional origins, emphasizing the indispensable societal role, and refining and articulating the distinct culture and structures of universities that allow the principle to flourish. Urgent and timely, this book offers a powerful defense of the university as a space for free inquiry and democratic resilience.

Academic Freedom in the Era of Trump

This book presents a new perspective on the debate around legitimacy, politics and constitutional law in Supreme Courts. Moving away from the troubling perception that Supreme Courts are trampling on the wrong side of the law/politics divide, it accepts and defends the critical claim that constitutional law is intrinsically and inescapably politics: in style, substance and outcome. It explains what is involved in that claim and recommends a more nuanced and compelling account than it is caricatured to be. The book proceeds to demonstrate how the legal and judicial process can proceed if the law-is-politics critique is taken seriously. Insisting that it cannot be business as usual, the author offers a series of constructive proposals about how constitutional law and judicial decision-making can continue in anything like their present format and style. Recognising that a more radical approach could be taken to the way in which democracy might re-organise, the book runs with the idea that it is possible to incorporate and accommodate the law-is-politics argument within a governmental system of constitutional democracy that resembles closely what now occurs. In that sense, the book is both critical and constructive as well as principled and pragmatic.

Courts, Constitutions and Politics

Rethinking Legitimacy

It's Not too Late to Build Toward a Better Future!Rick Caruso has earned a reputation for being a problem solver--somebody who's not afraid of facing big challenges. From his appointment to Water Commissioner and later Police Commissioner in Los Angeles to his bold real estate ventures, Caruso made the decisions he felt were right, even in the face of staunch adversity. In Its Not Too Late, Caruso shares the lessons he learned from his experiences while offering us all a path forward to a better future. At a time when more importance is placed on choosing sides than actually getting things done (let alone done right), Caruso offers refreshing perspective and will teach you how to let go of false divisions, and instead to embrace the search for actual answers and solutions.Togetherness, brotherhood, sisterhood, faith in each other, respect for each other, the ideals preached in almost every faith on Earth are the way forward, no matter how difficult the climb in front of us may seem. And ultimately, the only way we will get back on that path is for each of us to step up, with integrity, in whatever small way we can: for our kids, for our communities, for our country, and for each other.

The Power of Finding Steadfast Solutions

It's Not Too Late

Studies in National Governance and Emerging Technologies

This book investigates the internal dynamics and mechanisms that shaped one of the European Union’s most ambitious and far-reaching pieces of digital legislation: the Data Act. While the importance of data to the economy and society has been widely acknowledged, the policy processes behind data legislation remain underexplored. This study closes that gap by applying the Multiple Streams Approach to understand how the Data Act progressed from a largely absent issue to a legislative priority, and how it was rapidly adopted despite its complexity and scope.
Johannes Niklas Holtz is Researcher at the Institute of Political Science, University of Erlangen-Nuremberg, Germany and Digital Policy Expert at DATEV.

The EU Data Act and Policymaking in the European Union

American Presidential Power and the War on Terror: Does the Constitution Matter?

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