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.

Redrafting Constitutions in Democratic Regimes

Redrafting Constitutions in Democratic Regimes
Author: Gabriel L. Negretto
Publisher: Cambridge University Press
Total Pages: 265
Release: 2020-09-17
Genre: Law
ISBN: 1108839843

This book analyzes how replacing democratic constitutions may contribute to the improvement or erosion of democratic principles and practices.

The Schoolhouse Gate

The Schoolhouse Gate
Author: Justin Driver
Publisher: Vintage
Total Pages: 578
Release: 2019-08-06
Genre: Law
ISBN: 0525566961

A Washington Post Notable Book of the Year A New York Times Book Review Editors’ Choice An award-winning constitutional law scholar at the University of Chicago (who clerked for Judge Merrick B. Garland, Justice Stephen Breyer, and Justice Sandra Day O’Connor) gives us an engaging and alarming book that aims to vindicate the rights of public school stu­dents, which have so often been undermined by the Supreme Court in recent decades. Judicial decisions assessing the constitutional rights of students in the nation’s public schools have consistently generated bitter controversy. From racial segregation to un­authorized immigration, from antiwar protests to compul­sory flag salutes, from economic inequality to teacher-led prayer—these are but a few of the cultural anxieties dividing American society that the Supreme Court has addressed in elementary and secondary schools. The Schoolhouse Gate gives a fresh, lucid, and provocative account of the historic legal battles waged over education and illuminates contemporary disputes that continue to fracture the nation. Justin Driver maintains that since the 1970s the Supreme Court has regularly abdicated its responsibility for protecting students’ constitutional rights and risked trans­forming public schools into Constitution-free zones. Students deriving lessons about citizenship from the Court’s decisions in recent decades would conclude that the following actions taken by educators pass constitutional muster: inflicting severe corporal punishment on students without any proce­dural protections, searching students and their possessions without probable cause in bids to uncover violations of school rules, random drug testing of students who are not suspected of wrongdoing, and suppressing student speech for the view­point it espouses. Taking their cue from such decisions, lower courts have upheld a wide array of dubious school actions, including degrading strip searches, repressive dress codes, draconian “zero tolerance” disciplinary policies, and severe restrictions on off-campus speech. Driver surveys this legal landscape with eloquence, highlights the gripping personal narratives behind landmark clashes, and warns that the repeated failure to honor students’ rights threatens our basic constitutional order. This magiste­rial book will make it impossible to view American schools—or America itself—in the same way again.

Practical Considerations for Public Participation in Constitution-Building What, When, How and Why?

Practical Considerations for Public Participation in Constitution-Building What, When, How and Why?
Author: Erin C. Houlihan and Sumit Bisarya
Publisher: International Institute for Democracy and Electoral Assistance (International IDEA)
Total Pages: 66
Release: 2021-07-26
Genre: Political Science
ISBN: 917671439X

Public participation has become a core element of modern constitution-building. Robust participation is credited with a range of benefits—from improving individual behaviours and attitudes to democracy to shaping elite bargaining dynamics, improving constitutional content, and strengthening outcomes for democracy and peace. Yet it is not well understood whether and how public participation can achieve these ends. Much of what we think we know about participatory constitution-building remains theoretical. No two processes are alike, and there is no agreed definition of what constitutes a ‘participatory process’. Yet national decision-makers must contend with the key question: What does a robust participation process look like for a particular country, at a particular time, in a particular context? What considerations and principles can be derived from comparative experience to guide decisions? This Policy Paper unpacks the forms and functions of public participation across different stages of the constitution-building process and considers the ways in which public engagement can influence the dynamics of the process, including political negotiations.

Challenging the Rulers

Challenging the Rulers
Author: Duncan Okoth-Okombo
Publisher: African Books Collective
Total Pages: 302
Release: 2011
Genre: Political Science
ISBN: 9966258140

Challenging The Rulers: A Leadership Model for Good Governance brings to the fore the issue of leadership in developing countries like Kenya. Citing specific examples, it singles out bad leadership as the cause of stagnation and underdevelopment in Africa. This book advocates for a serious discourse on leadership as the most critical factor in a national quest for good governance and prosperity. Unlike other writers who bemoan the state of affairs in Africa without offering alternatives, the authors propose a leadership model that can ensure good governance. This is based on the premise that good leadership means good governance hence reasonable economic growth and development. Values and principles of good leadership are outlined. In 2010, Kenya took its pride of place among nations by enacting a new progressive constitution which among other things provides for a devolved government. However, the authors argue that good laws, structures, systems and policies simply provide the infrastructure for good governance. To move Kenya forward, good men and women of vision, who are committed to servant leadership, must rise up to activate these laws to bring about good governance as a means of improving people's quality of life. In a nutshell, this book advocates for reforms in leadership. Challenging The Rulers is a challenge to all leaders - present and aspiring - to adopt this leadership model. To ordinary citizens, it is a call to take necessary action to elect good leaders.

The Making of the Constitution of Kenya

The Making of the Constitution of Kenya
Author: Charles O. Oyaya
Publisher: Routledge
Total Pages: 295
Release: 2018-05-11
Genre: Political Science
ISBN: 1317161734

Kenya, like the rest of Africa, has gone through three sets of constitutional crises. The first related to the trauma of colonialism and struggle for independence. The second a period of constitutional dictatorship and the clamor for reform. The third, most recent crisis, being one of identity, legitimacy and the inability of the state to discharge its functions which has resulted in civil unrest, violent ethnic conflicts, poverty, social exclusion and inequality. The Making of the Constitution of Kenya examines the processes, issues and challenges of constitution making, governance and legitimacy in that country and the lessons that can be learned for others on the continent. Equipping the reader with a sound historical perspective on constitutional developments and the crisis of constitutional legitimacy in Kenya it gives an invaluable insight into the normative and political complexities involved in evolving a truly democratic and widely acceptable constitutional order in Africa.