Exceptions to the Rule

Exceptions to the Rule
Author: Molly E. Reynolds
Publisher: Brookings Institution Press
Total Pages: 290
Release: 2017-07-18
Genre: Political Science
ISBN: 0815729979

Special rules enable the Senate to act despite the filibuster. Sometimes. Most people believe that, in today's partisan environment, the filibuster prevents the Senate from acting on all but the least controversial matters. But this is not exactly correct. In fact, the Senate since the 1970s has created a series of special rules—described by Molly Reynolds as “majoritarian exceptions”—that limit debate on a wide range of measures on the Senate floor. The details of these exemptions might sound arcane and technical, but in practice they have enabled the Senate to act even when it otherwise seemed paralyzed. Important examples include procedures used to pass the annual congressional budget resolution, enact budget reconciliation bills, review proposals to close military bases, attempt to prevent arms sales, ratify trade agreements, and reconsider regulations promulgated by the executive branch. Reynolds argues that these procedures represent a key instrument of majority party power in the Senate. They allow the majority—even if it does not have the sixty votes needed to block a filibuster—to produce policies that will improve its future electoral prospects, and thus increase the chances it remains the majority party. As a case study, Exceptions to the Rule examines the Senate's role in the budget reconciliation process, in which particular congressional committees are charged with developing procedurally protected proposals to alter certain federal programs in their jurisdictions. Created as a way of helping Congress work through tricky budget issues, the reconciliation process has become a powerful tool for the majority party to bypass the minority and adopt policy changes in hopes that it will benefit in the next election cycle.

Model Rules of Professional Conduct

Model Rules of Professional Conduct
Author: American Bar Association. House of Delegates
Publisher: American Bar Association
Total Pages: 216
Release: 2007
Genre: Law
ISBN: 9781590318737

The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

Exception to the Rule: The Surprising Science of Character-Based Culture, Engagement, and Performance

Exception to the Rule: The Surprising Science of Character-Based Culture, Engagement, and Performance
Author: Peter J. Rea
Publisher: McGraw Hill Professional
Total Pages: 305
Release: 2017-09-15
Genre: Business & Economics
ISBN: 1260026841

The antidote to navigating turbulent times isn’t more rules. It is timeless virtue that creates sustainable value. Thoughtful leaders are keenly aware of the enormous challenge they face to drive high performance in a world that continues to ratchet up pressure and uncertainty. Some leaders respond by getting tough and establishing strict rules. They get people in line, but they don’t inspire excellence. Wise leaders, on the other hand, help their people practice character to navigate their way through the turbulence—without lowering performance expectations. As a result, their people are more reliable under pressure. Exception to the Rule links ancient wisdom with contemporary science on high performance, teamwork, and engagement. Building an organizational culture based on classical virtues―of trust, compassion, courage, justice, wisdom, temperance and hope―is both strategically smart and a better way to live. Exception to the Rule walks you through the steps of helping everyone in your organization focus on character defined by virtue. The word virtue means excellence, which is why each one is essential to help people perform at a high level despite uncertainty and pressure. Under character-based leadership, teams work better together, creativity flourishes and engagement increases. The most powerful idea of Exception to the Rule is this: character defined by virtue is not based on birthright; it can be learned and practiced. Everyone can develop habits to become better than they were. While character cannot be legislated, character can be cultivated. As virtue proves its value, the culture you have can evolve into the culture you need.

State of Exception

State of Exception
Author: Giorgio Agamben
Publisher: University of Chicago Press
Total Pages: 108
Release: 2008-07-18
Genre: Philosophy
ISBN: 0226009262

Two months after the attacks of 9/11, the Bush administration, in the midst of what it perceived to be a state of emergency, authorized the indefinite detention of noncitizens suspected of terrorist activities and their subsequent trials by a military commission. Here, distinguished Italian philosopher Giorgio Agamben uses such circumstances to argue that this unusual extension of power, or "state of exception," has historically been an underexamined and powerful strategy that has the potential to transform democracies into totalitarian states. The sequel to Agamben's Homo Sacer: Sovereign Power and Bare Life, State of Exception is the first book to theorize the state of exception in historical and philosophical context. In Agamben's view, the majority of legal scholars and policymakers in Europe as well as the United States have wrongly rejected the necessity of such a theory, claiming instead that the state of exception is a pragmatic question. Agamben argues here that the state of exception, which was meant to be a provisional measure, became in the course of the twentieth century a normal paradigm of government. Writing nothing less than the history of the state of exception in its various national contexts throughout Western Europe and the United States, Agamben uses the work of Carl Schmitt as a foil for his reflections as well as that of Derrida, Benjamin, and Arendt. In this highly topical book, Agamben ultimately arrives at original ideas about the future of democracy and casts a new light on the hidden relationship that ties law to violence.

Rules, Exceptions, and Social Order

Rules, Exceptions, and Social Order
Author: Robert B. Edgerton
Publisher: Univ of California Press
Total Pages: 340
Release: 2023-11-10
Genre: Political Science
ISBN: 0520347439

This title is part of UC Press's Voices Revived program, which commemorates University of California Press’s mission to seek out and cultivate the brightest minds and give them voice, reach, and impact. Drawing on a backlist dating to 1893, Voices Revived makes high-quality, peer-reviewed scholarship accessible once again using print-on-demand technology. This title was originally published in 1985.

The Logic of Legal Requirements

The Logic of Legal Requirements
Author: Jordi Ferrer Beltrán
Publisher: OUP Oxford
Total Pages: 434
Release: 2012-09-13
Genre: Law
ISBN: 0191637688

When a legal rule requires us to drive on the right, notarize our wills, or refrain from selling bootleg liquor, how are we to describe and understand that requirement? In particular, how does the logical form of such a requirement relate to the logical form of other requirements, such as moral requirements, or the requirements of logic itself? When a general legal rule is applied or distinguished in a particular case, how can we describe that process in logical form? Such questions have come to preoccupy modern legal philosophy as its methodology, drawing on the philosophy of logic, becomes ever more sophisticated. This collection gathers together some of the most prominent legal philosophers in the Anglo-American and civil law traditions to analyse the logical structure of legal norms. They focus on the issue of defeasibility, which has become a central concern for both logicians and legal philosophers in recent years. The book is divided into four parts. The first section is devoted to unravelling the basic concepts related to legal defeasibility and the logical structure of legal norms, focusing on the idea that law, or its components, are liable to implicit exceptions, which cannot be specified before the law's application to particular cases. Part two aims to disentangle the main relations between the issue of legal defeasibility and the issue of legal interpretation, exploring the topic of defeasibility as a product of certain argumentative techniques in the law. Section 3 of the volume is dedicated to one of the most problematic issues in the history of jurisprudence: the connections between law and morality. Finally, section 4 of the volume is devoted to analysing the relationships between defeasibility and legal adjudication.

Rules Without Rights

Rules Without Rights
Author: Tim Bartley
Publisher: Oxford University Press
Total Pages: 366
Release: 2018
Genre: Business & Economics
ISBN: 0198794339

This book is about what it really means when companies claim to be promoting sustainability and fairness in their global operations.

States of Exception in American History

States of Exception in American History
Author: Gary Gerstle
Publisher: University of Chicago Press
Total Pages: 375
Release: 2020-10-19
Genre: History
ISBN: 022671232X

States of Exception in American History brings to light the remarkable number of instances since the Founding in which the protections of the Constitution have been overridden, held in abeyance, or deliberately weakened for certain members of the polity. In the United States, derogations from the rule of law seem to have been a feature of—not a bug in—the constitutional system. The first comprehensive account of the politics of exceptions and emergencies in the history of the United States, this book weaves together historical studies of moments and spaces of exception with conceptual analyses of emergency, the state of exception, sovereignty, and dictatorship. The Civil War, the Great Depression, and the Cold War figure prominently in the essays; so do Francis Lieber, Frederick Douglass, John Dewey, Clinton Rossiter, and others who explored whether it was possible for the United States to survive states of emergency without losing its democratic way. States of Exception combines political theory and the history of political thought with histories of race and political institutions. It is both inspired by and illuminating of the American experience with constitutional rule in the age of terror and Trump.