Constitutions And Contagion

Author : Wendy E. Parmet
Publisher : Cambridge University Press
ISBN 13 : 100910327X
Total Pages : 249 pages
Book Rating : 4.75/5 ( download)

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Download or read book Constitutional Contagion written by Wendy E. Parmet and published by Cambridge University Press. This book was released on 2023-05-31 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: Constitutional law has helped make Americans unhealthy. Drawing from law, history, political theory, and public health research, Constitutional Contagion explores the history of public health laws, the nature of liberty and individual rights, and the forces that make a nation more or less vulnerable to contagion. In this groundbreaking work, Wendy Parmet documents how the Supreme Court departed from past practice to stymie efforts to mitigate the COVID-19 pandemic and demonstrates how pre-pandemic court decisions helped to shatter social contracts, weaken democracy, and perpetuate the inequities that made the United States especially vulnerable when COVID-19 struck. Looking at judicial decisions from an earlier era, Parmet argues that the Constitution does not compel the stark individualism and disregard of public health that is evident in contemporary constitutional law decisions. Parmet shows us why, if we are to be a healthy nation, constitutional law must change.

Author : Angelo Golia (Jr.)
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.02/5 ( download)

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Download or read book Constitutions and Contagion written by Angelo Golia (Jr.) and published by . This book was released on 2020 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: The COVID-19 pandemic has posed an unprecedented governance challenge, with governments resorting to very different (legal) strategies to respond to the health emergency. A rich literature is already dedicated to measures adopted in individual States. This article adds an original comparative contribution to that literature by exploring the influence of specific constitutional features on the legal response to the pandemic and how, in turn, these responses have the potential to reconfigure the institutional frameworks in place. Our analysis shows that both constitutional contexts and legal traditions significantly matter in pandemic times, in particular when it comes to the rule of law credentials of measures adopted. We focus our study on measures taken during first six months of the pandemic (the “first wave”) in four European jurisdictions with significantly different constitutional settlements; namely France, Germany, Italy, and the United Kingdom. Following a contextual approach, the comparative analysis concentrates on four macro-issues: 1) the legal bases of adopted measures; 2) the horizontal allocation of power; 3) the vertical allocation of power; and 4) the role of the judiciary, especially in terms of fundamental rights protection. Across all four analytical categories, constitutional and institutional factors - such as the respective forms of government, vertical power conflicts, presence of pre-existing emergency schemes or legal doctrines, and the structure of the judicial systems - significantly impacted the (legal) path taken in the four jurisdictions under scrutiny and, importantly, reinforced pre-existing patterns of institutional shifts or social and political tensions. In particular, the role of two institutional features generally overlooked in the literature on the matter emerged: the concrete functioning of the vertical allocation of power and the reciprocal relationships between different jursdictions within judicial systems. By these means, this article aims to broaden and enrich the analytical toolkit of the literature concerning the relationship between states of emergency and specific forms of constitutional government and State.

Author : James Brooks Speer
Publisher :
ISBN 13 :
Total Pages : 336 pages
Book Rating : 4.15/5 ( download)

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Download or read book Contagion and the Constitution written by James Brooks Speer and published by . This book was released on 1974 with total page 336 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Linda Colley
Publisher : Liveright Publishing
ISBN 13 : 1631498355
Total Pages : 547 pages
Book Rating : 4.50/5 ( download)

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Download or read book The Gun, the Ship, and the Pen: Warfare, Constitutions, and the Making of the Modern World written by Linda Colley and published by Liveright Publishing. This book was released on 2021-03-30 with total page 547 pages. Available in PDF, EPUB and Kindle. Book excerpt: Best Books of the Year: Financial Times, The Economist Book of the Year: The Leaflet (International Forum on the Future of Constitutionalism) Longlisted for the Cundill History Prize Profiled in The New Yorker New York Times Book Review • Editors’ Choice Vivid and magisterial, The Gun, the Ship, and the Pen reconfigures the rise of a modern world through the advent and spread of written constitutions. A work of extraordinary range and striking originality, The Gun, the Ship, and the Pen traces the global history of written constitutions from the 1750s to the twentieth century, modifying accepted narratives and uncovering the close connections between the making of constitutions and the making of war. In the process, Linda Colley both reappraises famous constitutions and recovers those that have been marginalized but were central to the rise of a modern world. She brings to the fore neglected sites, such as Corsica, with its pioneering constitution of 1755, and tiny Pitcairn Island in the Pacific, the first place on the globe permanently to enfranchise women. She highlights the role of unexpected players, such as Catherine the Great of Russia, who was experimenting with constitutional techniques with her enlightened Nakaz decades before the Founding Fathers framed the American constitution. Written constitutions are usually examined in relation to individual states, but Colley focuses on how they crossed boundaries, spreading into six continents by 1918 and aiding the rise of empires as well as nations. She also illumines their place not simply in law and politics but also in wider cultural histories, and their intimate connections with print, literary creativity, and the rise of the novel. Colley shows how—while advancing epic revolutions and enfranchising white males—constitutions frequently served over the long nineteenth century to marginalize indigenous people, exclude women and people of color, and expropriate land. Simultaneously, though, she investigates how these devices were adapted by peoples and activists outside the West seeking to resist European and American power. She describes how Tunisia generated the first modern Islamic constitution in 1861, quickly suppressed, but an influence still on the Arab Spring; how Africanus Horton of Sierra Leone—inspired by the American Civil War—devised plans for self-governing nations in West Africa; and how Japan’s Meiji constitution of 1889 came to compete with Western constitutionalism as a model for Indian, Chinese, and Ottoman nationalists and reformers. Vividly written and handsomely illustrated, The Gun, the Ship, and the Pen is an absorbing work that—with its pageant of formative wars, powerful leaders, visionary lawmakers and committed rebels—retells the story of constitutional government and the evolution of ideas of what it means to be modern.

Author : Peter Baldwin
Publisher : Cambridge University Press
ISBN 13 : 113942615X
Total Pages : 599 pages
Book Rating : 4.52/5 ( download)

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Download or read book Contagion and the State in Europe, 1830-1930 written by Peter Baldwin and published by Cambridge University Press. This book was released on 1999-08-19 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a groundbreaking study of the historical reasons for the divergence in public health policies adopted in Britain, France, Germany and Sweden, and the spectrum of responses to the threat of contagious diseases such as cholera, smallpox and syphilis. In particular the book examines the link between politics and prevention. Did the varying political regimes influence the styles of precaution adopted? Or was it, as Peter Baldwin argues, a matter of more basic differences between nations, above all their geographic placement in the epidemiological trajectory of contagion, that helped shape their responses and their basic assumptions about the respective claims of the sick and of society, and fundamental political decisions for and against different styles of statutory intervention? Thus the book seeks to use medical history to illuminate broader questions of the development of statutory intervention and the comparative and divergent evolution of the modern state in Europe.

Author : Michael I. C. Nwogugu
Publisher : Springer Nature
ISBN 13 : 3030714195
Total Pages : 594 pages
Book Rating : 4.92/5 ( download)

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Download or read book Geopolitical Risk, Sustainability and “Cross-Border Spillovers” in Emerging Markets, Volume II written by Michael I. C. Nwogugu and published by Springer Nature. This book was released on 2022-01-01 with total page 594 pages. Available in PDF, EPUB and Kindle. Book excerpt: Many emerging market countries are bank-based economies and are increasingly affected by geopolitical risks, U.S. dollar dynamics, regulations, preferential trade agreements (PTAs), MNCs (that often function like international organizations), social networks, labor dynamics, cross-border spillovers and the inefficient expansion of formal/informal microfinance. Country risks, informal economies (that account for 20-50 percent of the national economy of many emerging market countries), investor protection, enforcement commitment, compliance costs, sustainability (environmental, social, economic and political sustainability), economic growth, political stability, financial stability, geopolitical risk, social networks, household economics, inequality and international trade outcomes can vary dramatically across many DECs and LDECs due to these phenomena. The COVID-19 pandemic has illustrated the many problems inherent in political systems, economic policy and governments’ emergency powers during pandemics/epidemics and economic/financial crisis. This second volume focuses on geopolitical risks that are intertwined with constitutional political economy and labor issues, alongside addressing some of the financial and constitutional crises that occurred in Europe, Asia and the U.S. during 2007-2020. This book provides analysis of complex systems and the preferences and reasoning of state/government and corporate actors in order to develop better artificial intelligence and decision-system models of geopolitical risk, public policy and international capital flows, all of which are increasingly important decision factors for investment managers, boards-of-directors and government officials.

Author : Wendy Parmet
Publisher : Cambridge University Press
ISBN 13 : 1009098330
Total Pages : 249 pages
Book Rating : 4.35/5 ( download)

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Download or read book Constitutional Contagion written by Wendy Parmet and published by Cambridge University Press. This book was released on 2023-05-31 with total page 249 pages. Available in PDF, EPUB and Kindle. Book excerpt: This interdisciplinary book examines how the US courts helped create the conditions that made the COVID-19 pandemic so deadly.

Author : Alan L. Olmstead
Publisher : Harvard University Press
ISBN 13 : 0674967224
Total Pages : 478 pages
Book Rating : 4.29/5 ( download)

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Download or read book Arresting Contagion written by Alan L. Olmstead and published by Harvard University Press. This book was released on 2015-02-09 with total page 478 pages. Available in PDF, EPUB and Kindle. Book excerpt: Over sixty percent of all infectious human diseases, including tuberculosis, influenza, cholera, and hundreds more, are shared with other vertebrate animals. Arresting Contagion tells the story of how early efforts to combat livestock infections turned the United States from a disease-prone nation into a world leader in controlling communicable diseases. Alan Olmstead and Paul Rhode show that many innovations devised in the fight against animal diseases, ranging from border control and food inspection to drug regulations and the creation of federal research labs, provided the foundation for modern food safety programs and remain at the heart of U.S. public health policy. America’s first concerted effort to control livestock diseases dates to the founding of the Bureau of Animal Industry (BAI) in 1884. Because the BAI represented a milestone in federal regulation of commerce and industry, the agency encountered major jurisdictional and constitutional obstacles. Nevertheless, it proved effective in halting the spread of diseases, counting among its early breakthroughs the discovery of Salmonella and advances in the understanding of vector-borne diseases. By the 1940s, government policies had eliminated several major animal diseases, saving hundreds of thousands of lives and establishing a model for eradication that would be used around the world. Although scientific advances played a key role, government interventions did as well. Today, a dominant economic ideology frowns on government regulation of the economy, but the authors argue that in this case it was an essential force for good.

Author : John Fabian Witt
Publisher : Yale University Press
ISBN 13 : 0300257775
Total Pages : 185 pages
Book Rating : 4.79/5 ( download)

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Download or read book American Contagions written by John Fabian Witt and published by Yale University Press. This book was released on 2020-08-31 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: A concise history of how American law has shaped—and been shaped by—the experience of contagion“Contrarians and the civic-minded alike will find Witt’s legal survey a fascinating resource”—Kirkus, starred review “Professor Witt’s book is an original and thoughtful contribution to the interdisciplinary study of disease and American law. Although he covers the broad sweep of the American experience of epidemics from yellow fever to COVID-19, he is especially timely in his exploration of the legal background to the current disaster of the American response to the coronavirus. A thought-provoking, readable, and important work.”—Frank Snowden, author of Epidemics and Society From yellow fever to smallpox to polio to AIDS to COVID-19, epidemics have prompted Americans to make choices and answer questions about their basic values and their laws. In five concise chapters, historian John Fabian Witt traces the legal history of epidemics, showing how infectious disease has both shaped, and been shaped by, the law. Arguing that throughout American history legal approaches to public health have been liberal for some communities and authoritarian for others, Witt shows us how history’s answers to the major questions brought up by previous epidemics help shape our answers today: What is the relationship between individual liberty and the common good? What is the role of the federal government, and what is the role of the states? Will long-standing traditions of government and law give way to the social imperatives of an epidemic? Will we let the inequities of our mixed tradition continue?

Author : Christopher Phillips
Publisher : W. W. Norton & Company
ISBN 13 : 0393064808
Total Pages : 334 pages
Book Rating : 4.03/5 ( download)

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Download or read book Constitution Cafe written by Christopher Phillips and published by W. W. Norton & Company. This book was released on 2011-08-22 with total page 334 pages. Available in PDF, EPUB and Kindle. Book excerpt: Thomas Jefferson proposed that we revise the Constitution every so often, not just to reflect the changing times but to revive and perpetuate our original revolutionary spirit. Could it be that the Constitution itself is part of the reason that our democracy is on life support, our government gone haywire? To find out, the author, originator of the Socrates Café dialogues, sets off on a cross-country junket to engage Americans of all stripes in an offbeat constitutional convention. Given the opportunity to rewrite the Constitution, a diverse bunch from Burning Man die hards to army veterans, Tea Party acolytes to Orange County slackers, weighs in with some really wild and worthwhile ideas about how our nation should be governed. With Jefferson as his iconoclastic and visionary guide, the author moderates these discussions and complements his participants' ideas by relating them to Jefferson's own experiences with governance and to his great expectations for our democracy. This book is an account of how we might draw from our rebellious past to incite meaningful change today; it is a map for inspiring Jeffersonian activism by tapping into our timely (and timeless) concerns about the need to give our country's democratic framework a makeover.