Counting the Many


Book Description

Supermajority rules govern many features of our lives in common: from the selection of textbooks for our children's schools to residential covenants, from the policy choices of state and federal legislatures to constitutional amendments. It is usually assumed that these rules are not only normatively unproblematic but necessary to achieve the goals of institutional stability, consensus, and minority protections. In this book, Melissa Schwartzberg challenges the logic underlying the use of supermajority rule as an alternative to majority decision making. She traces the hidden history of supermajority decision making, which originally emerged as an alternative to unanimous rule, and highlights the tensions in the contemporary use of supermajority rules as an alternative to majority rule. Although supermajority rules ostensibly aim to reduce the purported risks associated with majority decision making, they do so at the cost of introducing new liabilities associated with the biased judgments they generate and secure.




Supermajority Voting in Constitutional Courts


Book Description

This book challenges the wide use of majority rule in many constitutional courts for declaring statutes unconstitutional and argues that these courts should rather perform constitutional review by using supermajority rules. Considering that constitutional courts often tackle hard moral issues, it is questionable whether a bare majority of judges should suffice for settling them, especially considering these courts’ counter-majoritarian nature. Further, the wide use of majority rule for checking the constitutionality of legislation may increasingly risk their reputation. Such a concern is developing in the United States following a series of Supreme Court decisions. This book argues that majority rule is unjustified in constitutional review. This means that, in constitutional review, considering majority rule’s traits, there are no decisive reasons for using this voting rule over other voting rules. Additionally, the book argues that, when checking the constitutionality of legislation, constitutional courts should replace majority rule with supermajority rules. Thus, for declaring statutes unconstitutional, it is argued that more than 50% of the judges present plus one judge present should be needed. This book will be of interest to academics, researchers, and policy-makers working in the areas of Constitutional Law and Politics.




The Fight to Vote


Book Description

On cover, the word "right" has an x drawn over the letter "r" with the letter "f" above it.




Kill Switch: The Rise of the Modern Senate and the Crippling of American Democracy


Book Description

With a new epilogue on filibuster battles under the Biden administration THE CASE FOR ENDING THE FILIBUSTER "A truly excellent book… blistering and persuasive.” —Ezra Klein, New York Times An insider’s account of how politicians representing a radical white minority of Americans have used “the world’s greatest deliberative body” to hijack our democracy. Our democracy is under assault from homegrown authoritarians, with most observers blaming Donald Trump and the Republican Party that submitted to him. Yet as Adam Jentleson shows, the problem not only goes back to the nineteenth century, but is less about the presidency than it is about our nation’s most venerated institution: the United States Senate. A revelatory history of minority rule in America as expressed through the Senate filibuster, Kill Switch shows that white conservatives have long relied on the filibuster—which is not featured in the Constitution, and which, as Jentleson demonstrates, the Framers would have opposed—to shut down attempts to create a multiracial democracy. Featuring a new epilogue on filibuster battles under the Biden administration, Kill Switch will remain an essential warning about the costs of empowering this nation’s right-wing minority. • “Jentleson understands the inner workings of the institution, down to the most granular details, showing precisely how arcane procedural rules can be leveraged to dramatic effect.” —Jennifer Szalai, New York Times • “Careful and thorough and exacting.” —Michael Tomasky, New York Review of Books • “[An] excellent, surprising new book.” —Benjamin Wallace-Wells, The New Yorker




Mergers, Acquisitions, and Corporate Restructurings


Book Description

The most comprehensive and up-to-date guide to modern corporate restructuring techniques Mergers and acquisitions are two of today's most important competitive tools used by corporations in a rapidly changing global business landscape. In this new updated and revised Third Edition of his groundbreaking book-winner of the Book of the Year Award in its category from the Association of American Publishers-author, business valuations expert, and professor Patrick Gaughan illustrates how mergers, acquisitions, and other vital forms of restructuring can work for corporations. This University Edition includes review questions specifically designed for finance students and those studying for the MBA degree. Packed with helpful advice and proven strategies, this book: * Explains virtually every type of corporate restructuring, including mergers and acquisitions, divestitures, reorganizations, joint ventures, leveraged buyouts, and more * Details the latest trends and delivers a modern, international perspective on the field * Integrates the latest relevant research in the field of mergers into the book's pragmatic treatment of the subject * Offers comprehensive coverage of the latest methods and techniques for business valuations of both public and closely held companies * Looks at the key strategies and motivating factors that arise during the course of restructurings * Analyzes and incorporates necessary legal, economic, and corporate finance considerations * Offers the best offensive and defensive tactics for hostile takeovers




The Purpose of Power


Book Description

An essential guide to building transformative movements to address the challenges of our time, from one of the country’s leading organizers and a co-creator of Black Lives Matter “Excellent and provocative . . . a gateway [to] urgent debates.”—Keeanga-Yamahtta Taylor, The New Yorker NAMED ONE OF THE BEST BOOK OF THE YEAR BY Time • Marie Claire • Kirkus Reviews In 2013, Alicia Garza wrote what she called “a love letter to Black people” on Facebook, in the aftermath of the acquittal of the man who murdered seventeen-year-old Trayvon Martin. Garza wrote: Black people. I love you. I love us. Our lives matter. With the speed and networking capacities of social media, #BlackLivesMatter became the hashtag heard ’round the world. But Garza knew even then that hashtags don’t start movements—people do. Long before #BlackLivesMatter became a rallying cry for this generation, Garza had spent the better part of two decades learning and unlearning some hard lessons about organizing. The lessons she offers are different from the “rules for radicals” that animated earlier generations of activists, and diverge from the charismatic, patriarchal model of the American civil rights movement. She reflects instead on how making room amongst the woke for those who are still awakening can inspire and activate more people to fight for the world we all deserve. This is the story of one woman’s lessons through years of bringing people together to create change. Most of all, it is a new paradigm for change for a new generation of changemakers, from the mind and heart behind one of the most important movements of our time.




Sustaining the States


Book Description

State fiscal decisions have a significant impact on the US economy. Taken together, subnational governments employ more than one out of every eight workers and provide the bulk of all basic governmental services consumed by individuals and businesses. Sustaining the States: The Fiscal Viability of American State Governments will give you a basic understanding of trends in, current status of, and future prospects for the fiscal sustainability of state governments. After reading this book, you should have a great appreciation for the reach and multiple contributions of state governments to individuals and communities across the nation. The book examines the broad range and depth of state revenues, responsibilities, and activities. It begins with an assessment of executive budgeting in the states, then presents the experiences of states with strong executive-driven systems and the various rules and institutions that impact state government budget discipline. The book goes on to examine state revenue sources, debt, pensions, and spending, honing in on vital state functions including education, transportation, health services and public safety. It concludes with an assessment of the challenges that will test the fiscal vibrancy of US state governments going forward: vulnerability to future economic downturns, growing dependence on an increasingly austere federal government, the obsolescence of state tax systems and an ever more coercive system of federalism. Edited by experts, with a hand-picked panel of contributors, the book delineates the resources that states generate and use to conduct the business of government. The chapters outline the very real and significant constraints on the ability of the states to fulfill their responsibilities and introduce several challenges that state governments face and are actively addressing as they strive for fiscal sustainability. These features provide a clear, realistic understanding of state operations and financing in the United States, today. The book should also leave you with a sense of optimism for the capacity of state governments to advance forward.




The Curse of Bigness


Book Description

From the man who coined the term "net neutrality" and who has made significant contributions to our understanding of antitrust policy and wireless communications, comes a call for tighter antitrust enforcement and an end to corporate bigness.




Business Organizations


Book Description

Reflecting ongoing changes in the structure and regulation of modern business practice, Business Organizations: Cases, Problems, and Case Studies, Fourth Edition offers a unique combination of doctrine, problems, and case studies. Recent, high-interest cases are balanced against classic teaching chestnuts. Brief, innovative problems are used in combination with longer case studies. Recent Delaware Supreme Court decisions, updated case studies, and a strong website support a clear and sustained examination of the role and purview of the law in business transactions. New to the Fourth Edition: Recent Delaware Supreme Court and Chancery Court cases, including eBay v. Newmark; DFC Global v. Muirfield Value Partners; In re: Trulia; Kahn v. M&F Worldwide (MFW); Corwin v. KKR; and new parent/subsidiary vicarious liability cases New textual coverage of developing trends such as shareholder activism, exploding deal litigation and judicial efforts to reign it in, hedge fund appraisal arbitrage, and Public Benefit Companies Revised Uniform Partnership Act materials, as updated through 2013 Updated case studies and problems that consistently reinforce topical coverage Professors and students will benefit from: A discriminating selection of fresh cases and classic chestnuts In-depth coverage of how the law applies to modern business structures, (such as joint ventures, venture capital arrangements, franchises, and new limited liability business forms) as well as growth industries (such as computers, biotechnology, and telecommunications) Short problems after selected topics that give students practice applying the legal principles covered in that section Case studies styled on the B-school model that provide opportunities for in-depth analysis of the law in business transactions Hybrid entities treated in detail, including a separate chapter on limited liability companies




International Criminal Law, Volume 3: International Enforcement


Book Description

Volume 3 addresses the direct enforcement system, namely international criminal tribunals, how they came about and how they functioned, tracing that history from the end of WWI to the ICC, including the post-WWII experiences. They address the IMT, IMTFE, ICTY, ICTR, the mixed model tribunals and the ICC. It also contains a chapter which addresses some of the problems of the direct enforcement system, namely the general, procedural, evidentiary, and sanctions parts of ICL, which is largely made of what is contained in the statutes of the tribunals mentioned above as well as the jurisprudence of the established tribunals. In addition this volume addresses national experiences with the enforcement of certain international crimes. It is divided into 4 chapters which are titled as: Chapter 1: History of International Investigations and Prosecutions (International Criminal Accountability; International Criminal Justice in Historical Perspective); Chapter 2: International Criminal Tribunals and Mixed Model Tribunals (The International Criminal Tribunal for the Former Yugoslavia; The International Criminal Tribunal for Rwanda; The Making of the International Criminal Court; Mixed Models of International Criminal Justice; Special Court for Sierra Leone; Special Tribunal for Cambodia; East Timor); Chapter 3: National Prosecutions for International Crimes (National Prosecutions for International Crimes; National Prosecutions of International Crimes: A Historical Overview; The French Experience; The Belgian Experience; The Dutch Experience; Indonesia; The U.S. War Crimes Act of 1996; Enforcing ICL Violations with Civil Remedies: The Case of the U.S. Alien Tort Claims Act); Chapter 4: Contemporary Issues in International Criminal Law Doctrine and Practice (Command Responsibility; Joint Criminal Enterprise; The Responsibility of Peacekeepers; The General Part: Judicial Developments; Ne bis in idem; Plea Bargains; Issues Pertaining to the Evidentiary Part of International Criminal Law; Penalties and Sentencing; Penalties: From Leipzig to Arusha; Victims’ Rights in International Law).