Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955

Masters, Servants, and Magistrates in Britain and the Empire, 1562-1955
Author: Douglas Hay
Publisher: Univ of North Carolina Press
Total Pages: 607
Release: 2005-10-12
Genre: Law
ISBN: 0807875864

Master and servant acts, the cornerstone of English employment law for more than four hundred years, gave largely unsupervised, inferior magistrates wide discretion over employment relations, including the power to whip, fine, and imprison men, women, and children for breach of private contracts with their employers. The English model was adopted, modified, and reinvented in more than a thousand colonial statutes and ordinances regulating the recruitment, retention, and discipline of workers in shops, mines, and factories; on farms, in forests, and on plantations; and at sea. This collection presents the first integrated comparative account of employment law, its enforcement, and its importance throughout the British Empire. Sweeping in its geographic and temporal scope, this volume tests the relationship between enacted law and enforced law in varied settings, with different social and racial structures, different economies, and different constitutional relationships to Britain. Investigations of the enforcement of master and servant law in England, the British Caribbean, India, Africa, Hong Kong, Canada, Australia, and colonial America shed new light on the nature of law and legal institutions, the role of inferior courts in compelling performance, and the definition of "free labor" within a multiracial empire. Contributors: David M. Anderson, St. Antony's College, Oxford Michael Anderson, London School of Economics Jerry Bannister, Dalhousie University, Nova Scotia M. K. Banton, National Archives of the United Kingdom, London Martin Chanock, La Trobe University, Australia Paul Craven, York University Juanita De Barros, McMaster University Christopher Frank, University of Manitoba Douglas Hay, York University Prabhu P. Mohapatra, Delhi University, India Christopher Munn, University of Hong Kong Michael Quinlan, University of New South Wales Richard Rathbone, University of Wales, Aberystwyth Christopher Tomlins, American Bar Foundation, Chicago Mary Turner, London University

Servants of the Damned

Servants of the Damned
Author: David Enrich
Publisher: HarperCollins
Total Pages: 416
Release: 2022-09-13
Genre: Political Science
ISBN: 0063142198

National Bestseller "A powerful and important picture of how mega law firms distort justice."—David Cay Johnston, Washington Post The NYT's Business Investigations Editor reveals the dark side of American law: Delivering a "devastating" (Carol Leonnig) exposé of the astonishing yet shadowy power wielded by the world’s largest law firms, David Enrich traces how one firm shielded opioid makers, gun companies, big tobacco, Russian oligarchs, Fox News, the Catholic Church, and much of the Fortune 500; helped Donald Trump get elected, govern, and evade investigation; masterminded the conservative remaking of the courts . . . and make a killing along the way. In his acclaimed #1 bestseller Dark Towers, David Enrich presented the never-before-told saga of how Deutsche Bank became the global face of financial recklessness and criminality. Now Enrich turns his eye towards the world of “Big Law” and the nearly unchecked influence these firms wield to shield the wealthy and powerful—and bury their secrets. To tell this story, Enrich focuses on Jones Day, one of the world’s largest law firms. Jones Day’s narrative arc—founded in Cleveland in 1893, it became the first law firm to expand nationally and is now a global juggernaut with deep ties to corporate interests and conservative politics—is a powerful encapsulation of the changes that have swept the legal industry in recent decades. Since 2016, Jones Day has been in the spotlight for representing Donald Trump and his campaigns (and now his PACs)—and for the fleet of Jones Day attorneys who joined his administration, including White House Counsel Don McGahn. Jones Day helped Trump fend off the Mueller investigation and challenged Obamacare. Its once and future lawyers defended Trump’s Muslim ban and border policies and handled his judicial nominations. Jones Day even laid some of the legal groundwork for Trump to challenge the legitimacy of the 2020 election. But the Trump work is but one chapter in the firm’s checkered history. Jones Day, like many of its peers, have become highly effective enablers of the business world’s worst misbehavior. The firm has for decades represented Big Tobacco in its fight to avoid liability for its products. Jones Day worked tirelessly for the Catholic Church as it tried to minimize its sexual-abuse scandals. And for Purdue Pharma, the maker of OxyContin, as it sought to protect its right to make and market its dangerously addictive drug. And for Fox News as it waged war against employees who were the victims of sexual harassment and retaliation. And for Russian oligarchs as their companies sought to expand internationally. In this gripping and revealing new work of narrative nonfiction, Enrich makes the compelling central argument that law firms like Jones Day play a crucial yet largely hidden role in enabling and protecting powerful bad actors in our society, housing their darkest secrets, and earning billions in revenue for themselves.

The Art of Judicial Reasoning

The Art of Judicial Reasoning
Author: Gunnar Selvik
Publisher: Springer
Total Pages: 323
Release: 2019-02-28
Genre: Law
ISBN: 3030025535

This book, formed as a series of essays in honour of Professor Carl Baudenbacher, addresses the very art of judicial reasoning, and features contributions from many of the foremost current or former national, supranational, or international judges. This unique volume is intended first and foremost for legal scholars, but its approachable style makes it readily accessible for students and for those with a general interest in the application of the law and justice in today’s multi-layered world. The collection of essays is rather more philosophical and reflective as opposed to doctrinal. Each contribution focuses on the nature and operation of justice, the independence of the judiciary, and on judicial style primarily from the perspective of the judges themselves. The book provides perspectives on what it means to be accountable and independent as a judge, the role of language and languages in the quest for justice, while other contributions acquaint readers with the some of the structures of courts themselves, or indeed question for whom judgments are written. Each chapter has been written by a presiding judge, or head of an institution and the book is divided into three parts: - Part I Art and Method - Part II Justice and the Judiciary - Part III Reasoning and Language(s)

Civil Servants and Their Constitutions

Civil Servants and Their Constitutions
Author: John Anthony Rohr
Publisher:
Total Pages: 236
Release: 2002
Genre: Law
ISBN:

Public administration as an American profession originated in the early twentieth century with urban reformers advocating the application of scientific and business practices to rehabilitate corrupt city governments. That approach transformed governance in the United States but also guaranteed recurrent debate over the proper role of public administrators, who must balance the often contradictory demands of efficiency and politically defined notions of the public good. Currently the business approach holds sway. Legitimated by Al Gore's National Performance Review, the New Public Management movement promotes entrepreneurs over civil servants, performance over process, decentralization over centralization, and flexibility over rules. John Rohr demurs, arguing that the movement goes too far in downplaying the distinctively American challenges arising from the separated powers principle. Consequently, the NPM alienates public management from its natural home—a nation-state established within a constitutional order. According to Rohr, "nothing is more fundamental to governance than a constitution; and therefore to stress the constitutional character of administration is to establish the proper role of administration as governance that includes management but transcends it as well." This is not a novel argument for Rohr, who was recognized in 1999 by the Louis Brownlow Committee of the National Academy of Public Administration for his lifetime contributions on the "constitutional underpinnings" of public administration. But this new version of his rule-of-law critique directly addresses the NPM's excesses, framed convincingly as a comparative study of cases found in four countries spanning three centuries. As a result, Rohr establishes that the constitutional-administrative nexus is intimate, stable, pervasive, and enduring. The first half of the book examines the linkages between constitutions and administrations in France, the United Kingdom, and Canada, all of them sufficiently similar to the United States to make comparisons meaningful and sufficiently different to provide illuminating perspectives on domestic practices. The examples extend from the French Revolution through the founding of the Canadian Confederation in the 1860s to such contemporary issues as the influence of administrative directives from Brussels on the British courts. The second half of the book examines American cases in three categories: separation of powers, individual rights, and federalism. In each case Rohr highlights instances of public management "with all its warts and wrinkles tending to the mundane details of translating great constitutional principles into everyday actions." American administrative law, Rohr concludes, has structured safeguards to protect the integrity of administrative decision-making while also holding it accountable. Constitutional law has helped establish civil servants' freedom of speech and applied the fundamental principles of federalism to the administrative process. He summarizes his findings from the case studies by saying that the constitutional role of American civil servants comes not only from specific American experiences but also from the very nature of civil service.

Why I Love the Apostle Paul

Why I Love the Apostle Paul
Author: John Piper
Publisher: Crossway
Total Pages: 178
Release: 2019-01-17
Genre: Religion
ISBN: 1433565072

"Besides Jesus, no one has kept me from despair, or taken me deeper into the mysteries of the gospel, than the apostle Paul." —John Piper No one has had a greater impact on the world for eternal good than the apostle Paul—except Jesus himself. For John Piper, this impact is very personal. He does not just admire and trust Paul. He loves him. Piper gives us thirty glimpses into why his heart and mind respond this way. Can a Christian-killer really endure 195 lashes from a heart of love? Can a mystic who thinks he was caught up into heaven be a model of lucid rationality? Can an ethnocentric Jew write the most beautiful call to reconciliation? Can a person who lives with the unceasing anguish of empathy be always rejoicing? Can a man's description of the horrors of human sin be exceeded by his delight in human splendor? Can a man with a backbone of steel be as tender as a nursing mother? If we know this man—if we see what Piper sees—we too will love him. Paul's testimony is a matter of life and death. Piper invites you into his relationship with Paul in the hope that you will know life, forever.

Servants Of The Devil: The Facilitators Of The Criminal And Terrorist Networks

Servants Of The Devil: The Facilitators Of The Criminal And Terrorist Networks
Author: Bernard Touboul
Publisher: World Scientific
Total Pages: 112
Release: 2021-01-14
Genre: Political Science
ISBN: 9811229147

Since the end of the Cold War, liberal capitalism has spread worldwide without any significant ideological rivalry, characterized by the frenetic search for an ever-increasing return on capital and constantly-increasing profits, a generalized un-concern for the moral values of liberalism, and for social inequalities and human misery.The book, Servants of the Devil: The Facilitators of the Criminal and Terrorist Networks, shows that this evolution has been possible, thanks to legitimate actors equipped with the legal, financial, technical, and influential means to facilitate the legitimization of criminals and the justification of such a criminal economy — the 'Servants of the Devil' acting as the 'legitimate' facilitators of the criminal and terrorist economies.The book aims to alert security authorities, government officials, business, professional and financial leaders, and the media that criminal and terrorist networks have thoroughly penetrated the political, economic, and social structures of the contemporary world, and they could not operate without the extensive and willing cooperation of these facilitators.Recommendations are made in this book to alter the targets of law-enforcement forces and the justice system, by putting more emphasis on the facilitators by naming, shaming, and prosecuting them to seriously disable the criminals and terrorists. The legal structure needs to be altered, detailing procedures to be used by critical institutions, as well as the intelligence and analytic techniques to be developed to stay ahead of the criminals' own constantly altered techniques.The book provides a detailed account of the problem and how it is corrupting the Western society, enhancing the need for a new economic paradigm that displays a real and actual economic understanding of the world and of any individual country's economic activity, and shifting the ways of economic analysis to bring out the actual strength and role of criminal and terrorist activities in local, regional, and international governance from the shadows.

Early California Laws and Policies Related to California Indians

Early California Laws and Policies Related to California Indians
Author: Kimberly Johnston-Dodds
Publisher: California Research Bureau
Total Pages: 60
Release: 2002
Genre: Law
ISBN:

Created by the California Research Bureau at the request of Senator John L. Burton, this Web-site is a PDF document on early California laws and policies related to the Indians of the state and focuses on the years 1850-1861. Visitors are invited to explore such topics as loss of lands and cultures, the governors and the militia, reports on the Mendocino War, absence of legal rights, and vagrancy and punishment.